[Federal Register: June 16, 2003 (Volume 68, Number 115)]
[Page 35702-35703]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



[Investigation No. TA-421-3]

Certain Brake Drums and Rotors From China

AGENCY: United States International Trade Commission.

ACTION: Institution and scheduling of an investigation under section 
421(b) of the Trade Act of 1974 (19 U.S.C. 2451(b)) (the Act).


SUMMARY: Following receipt of a petition, as amended, on June 6, 2003, 
on behalf of the Coalition for the Preservation of American Brake Drum 
and Rotor Aftermarket Manufacturers, the Commission instituted 
investigation No. TA-421-3, Certain Brake Drums and Rotors from China, 
under section 421(b) of the Act to determine whether certain brake 
drums and rotors \1\ from China are being imported into the United 
States in such increased quantities or under such conditions as to 
cause or threaten to cause market disruption to the domestic producers 
of like or directly competitive products.

    \1\ Brake drums and rotors are defined as brake drums and rotors 
made of gray cast iron, whether finished, semifinished, or 
unfinished, ranging in diameter from 8 to 16 inches (20.32 to 40.64 
centimeters) and in weight from 8 to 45 pounds (3.63 to 20.41 
kilograms). The size parameters (weight and dimension) of the brake 
drums and rotors limit their use to the following types of motor 
vehicles: automobiles, all-terrain vehicles, vans and recreational 
vehicles under ``one ton and a half.''
    Finished brake drums and rotors are those that are ready for 
sale and installation without any further operations. Semifinished 
drums are those on which the surface is not entirely smooth, and has 
undergone some drilling. Unfinished drums are those which have 
undergone some grinding or turning.
    These brake drums and rotors are for motor vehicles, and do not 
contain in the casting a logo of an original equipment manufacturer 
(OEM) which produces vehicles sold in the United States (e.g., 
General Motors, Ford, DaimlerChrysler, Honda, Toyota, Volvo). Brake 
drums and rotors covered in this investigation are not certified by 
OEM producers of vehicles sold in the Untied States. The scope also 
includes composite brake drums that are made of gray cast iron, 
which contain a steel plate, but otherwise meet the above criteria.
    The imported products are provided for in subheading 8708.39.50 
of the Harmonized Tariff Schedule of the United States (HTS). 
Although the HTS category is provided for convenience and Customs 
purposes, the written description of the merchandise under 
investigation is dispositive.

    For further information concerning the conduct of this 
investigation, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 206, subparts A and E 
(19 CFR part 206).

EFFECTIVE DATE: June 6, 2003.

FOR FURTHER INFORMATION CONTACT: Debra Baker (202-205-3180), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
(http://www.usitc.gov). The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov


Participation in the Investigation and Service List

    Persons wishing to participate in the investigation as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in Sec. 201.11 of the Commission's rules, not later than seven 
days after publication of this notice in the Federal Register. The 
Secretary will prepare a service list containing the names and 
addresses of all persons, or their representatives, who are parties to 
this investigation upon the expiration of the period for filing entries 
of appearance.

Limited Disclosure of Confidential Business Information (CBI) Under an 
Administrative Protective Order (APO) and CBI Service List

    Pursuant to Sec. 206.47 of the Commission's rules, the Secretary 
will make CBI gathered in this investigation available to authorized 
applicants under the APO issued in the investigation, provided that the 
application is made not later than seven days after the publication of 
this notice in the Federal Register. A separate service list will be 
maintained by the Secretary for those parties authorized to receive CBI 
under the APO.


    The Commission has scheduled a hearing in connection with this 
investigation beginning at 9:30 a.m. on July 18, 2003, at the U.S. 
International Trade Commission Building. Subjects related to both 
market disruption or threat thereof and remedy may be addressed at the 
hearing. Requests to appear at the hearing should be filed in writing 
with the Secretary to the Commission on or before July 11, 2003. All 
persons desiring to appear at the hearing and make oral presentations 
should attend a prehearing conference to be held at 9:30 a.m. on July 
15, 2003, at the U.S. International Trade Commission Building. Oral 
testimony and written materials to be submitted at the hearing are 
governed by Sec. Sec.  201.6(b)(2) and 201.13(f) of the Commission's 

Written Submissions

    Each party is encouraged to submit a prehearing brief to the 
Commission. The deadline for filing prehearing briefs is July 14, 2003. 
Parties may also file posthearing briefs. The deadline for filing 
posthearing briefs is July 22, 2003. In addition, any person who has 
not entered an appearance as a party to the investigation may submit a 
written statement of information pertinent to the consideration of 
market disruption or threat thereof and/or remedy on or

[[Page 35703]]

before July 22, 2003. Parties may submit final comments on market 
disruption on July 31, 2003 and on remedy on August 8, 2003. Final 
comments shall contain no more than ten (10) double spaced and single 
sided pages of textual material. All written submissions must conform 
with the provisions of Sec.  201.8 of the Commission's rules; any 
submissions that contain CBI must also conform with the requirements of 
Sec.  201.6 of the Commission's rules. The Commission's rules do not 
authorize filing of submissions with the Secretary by facsimile or 
electronic means, except to the extent permitted by Sec.  201.8 of the 
Commission's rules, as amended, 67 FR 68036 (November 8, 2002).
    In accordance with Sec.  201.16(c) of the Commission's rules, each 
document filed by a party to the investigation must be served on all 
other parties to the investigation (as identified by the service list), 
and a certificate of service must be timely filed. The Secretary will 
not accept a document for filing without a certificate of service.


    Parties are reminded that no separate hearing on the issue of 
remedy will be held. Those parties wishing to present arguments on the 
issue of remedy may do so orally at the hearing or in their prehearing 
briefs, posthearing briefs, or final comments on remedy.

    Authority: This investigation is being conducted under the 
authority of section 421 of the Trade Act of 1974; this notice is 
published pursuant to Sec.  206.3 of the Commission's rules.

    By order of the Commission.

    Issued: June 11, 2003.
Marilyn R. Abbott,
[FR Doc. 03-15157 Filed 6-13-03; 8:45 am]