[Federal Register Volume 72, Number 192 (Thursday, October 4, 2007)]
[Notices]
[Pages 56724-56726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19659]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-601]
Tapered Roller Bearings and Parts Thereof, Finished or
Unfinished, from the People's Republic of China: Final Results of 2005-
2006 Administrative Review and Partial Rescission of Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') published its
preliminary results of administrative review of the antidumping duty
order on tapered roller bearings and parts thereof, finished and
unfinished (``TRBs''), from the People's Republic of China (``PRC'') on
March 26, 2007. The period of review (``POR'') is June 1, 2005, through
May 31, 2006. We invited interested parties to comment on our
preliminary results. Based on our analysis of the comments received, we
have made changes to our preliminary results. Therefore, the final
results differ from the preliminary results. The final dumping margins
for this review are listed in the ``Final Results of Review'' section
below.
EFFECTIVE DATE: October 4, 2007.
FOR FURTHER INFORMATION CONTACT: Paul Stolz, AD/CVD Operations, Office
8, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone (202) 482-4474.
SUPPLEMENTARY INFORMATION:
Background
On March 26, 2007, the Department published its preliminary
results. See Tapered Roller Bearings and Parts Thereof, Finished or
Unfinished, from the People's Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and Notice of Rescission in Part
and Intent to Rescind in Part, 72 FR 14078 (March 26, 2007)
(``Preliminary Results''). On March 30, 2007, the Timken Company (i.e.,
Petitioner) submitted a case brief. On April 25, 2007, Peer Bearing
Company-Changshan (``CPZ'') submitted a case brief. On April 30, 2007,
Petitioner and CPZ each submitted a rebuttal brief.\1\ Yantai Timken
Company Limited (``Yantai''), Chin Jun Industrial Ltd. (``Chin Jun''),
and Hebei Longsheng Metals & Minerals Trade Co., Ltd. (``Hebei'') did
not submit case briefs or rebuttal briefs. In the Preliminary Results
we preliminarily rescinded the review with respect to Chin Jun and
Hebei. No interested party requested a hearing.
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\1\ Yantai withdrew its request for review within the applicable
deadline on September 6, 2006, stating that it did not intend to
participate further in the review. However, Koyo Corporation of
U.S.A., a U.S. producer of TRBs, also requested a review of Yantai.
Therefore, the Department did not rescind the review of Yantai.
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We have conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (``the Act''), and 19
CFR 351.213.
Scope of Order
Merchandise covered by the order is TRBs from the PRC; flange,
take-up cartridge, and hanger units incorporating tapered roller
bearings; and tapered roller housings (except pillow blocks)
incorporating tapered rollers, with or without spindles, whether or not
for automotive use. This merchandise is currently classifiable under
the Harmonized Tariff Schedule of the United States (``HTSUS'') item
numbers 8482.20.00, 8482.91.00.50, 8482.99.15, 8482.99.45 \2\,
8483.20.40, 8483.20.80, 8483.30.80, 8483.90.20, 8483.90.30, 8483.90.80,
8708.99.80.15, and 8708.99.80.80. Although the HTSUS item numbers are
provided for convenience and customs purposes, the written description
of the scope of the order is dispositive.
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\2\ In the preceding POR, Petitioner argued that in 1995 HTSUS
subheading 8482.99.30, included in the scope description, was split
and replaced by HTSUS 8482.99.15 for cups and other rings (cones),
and HTSUS 8482.99.45 for other TRBs parts. The Department agreed and
stated that `` . . . for the final results, the Department will use
HTSUS 8482.99.15 for cups and other rings (cones) and HTSUS
8482.99.45 for other parts of TRBs. See Tapered Roller Bearings and
Parts Thereof, Finished and Unfinished, from the People's Republic
of China: Final Results of 2004-2005 Administrative Review and
Partial Rescission of Review, 71 FR 75936 (December 19, 2006), and
accompanying Issues and Decision Memorandum at Comment 1. The
Department inadvertently failed to reflect this change in the
Preliminary Results and in these final results is replacing HTSUS
8482.99.30 with HTSUS 8482.99.15 and HTSUS 8482.99.45 in the scope
description. See the concurrent Issues and Decision Memorandum at
Comment 1 for further discussion.
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Rescission of Review
In our Preliminary Results, we stated we preliminarily rescinded
the review with respect to Chin Jun in accordance with 19 CFR
351.213(d)(3) and with respect to Heibei in accordance with 19 CFR
351.213(d)(1). Chin Jun reported that it had no sales or exports of
subject merchandise to the United States during the POR. Hebei withdrew
its request for review within the applicable deadline. No other party
requested a review of Hebei. See Preliminary Results, 72 FR at 14078.
We reviewed customs import data and found no evidence that Chin Jun had
any shipments of subject merchandise during the POR. In addition, on
February 28, 2007, we made a ``No Shipments Inquiry'' to U.S. Customs
and Border Protection (``CBP'') stating that records at the Department
did not evidence exports of subject merchandise by Chin Jun during the
POR. We asked CBP to notify us within ten days if CBP ``has contrary
information and is suspending liquidation'' of subject merchandise
exported by Chin Jun. CBP did not reply with contrary information.
Therefore, we are rescinding the administrative review with respect
to Chin Jun and Hebei.
Analysis of Comments Received
All issues raised in the post-preliminary comments by parties in
this review are addressed in the memorandum from Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration, to David M.
Spooner, Assistant Secretary for Import Administration, ``Issues and
Decision Memorandum for the Final Results of the 19th Administrative
Review of the Antidumping Duty Order on Tapered Roller Bearings and
Parts Thereof, Finished and Unfinished, from the People's Republic of
China,'' dated September 24, 2007 (``Issues and Decision Memorandum''),
which is hereby adopted by this notice. A list of the issues which
parties raised and to which we responded in the Issues and Decision
Memorandum is attached to this notice as an appendix. The Issues and
Decision Memorandum is a public
[[Page 56725]]
document which is on file in the Central Records Unit in room B-099 in
the main Department building, and is accessible on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the
memorandum are identical in content.
Application of Total Adverse Facts Available
CPZ and Yantai did not submit responses to the Department's
questionnaires issued in this segment of the proceeding. In the
Preliminary Results, the Department stated that because CPZ and Yantai
failed to submit questionnaire responses, they had not demonstrated
their entitlement to a separate rate and were therefore subject to the
PRC-wide rate. See Preliminary Results, 72 FR 14079. Furthermore, we
found in the Preliminary Results that because the PRC-wide entity
failed to respond to the Department's questionnaires, withheld or
failed to provide information in a timely manner or in the form or
manner requested by the Department, or otherwise impeded the
proceeding, it was appropriate to apply a dumping margin for the PRC-
wide entity using facts otherwise available on the record and that an
adverse inference was appropriate. See Preliminary Results 72 FR at
14079. We continue to find that the application of the country-wide
rate of 60.95 percent, as total adverse facts available (``AFA''), is
appropriate. See the Issues and Decision Memorandum at Comment 3 for
further discussion.
Corroboration of Secondary Information
Section 776(c) of the Act requries that the Department corroborate,
to the extent practicable, a figure which it applies as facts
available. The Department corroborated the AFA country-wide rate of
60.95 percent in the Preliminary Results. The Department found that
this rate has probative value because it is reliable and relevant. In
the Preliminary Results, we found the 60.95 percent rate to be reliable
because it was calculated for a respondent company in the final results
of redetermination on remand from the Court of International Trade, for
the seventh administrative review of TRBs (covering the period June 1,
1993, to May 31, 1994). See Preliminary Results, 72 FR at14080 (citing
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished From
the People's Republic of China; Amended Final Results of Antidumping
Duty Administrative Review, 67 FR 79902 (December 31, 2002), and
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished,
from the People's Republic of China; Amended Final Results of
Antidumping Duty Administrative Review, 69 FR 10423 (March 5, 2004)).
In the Preliminary Results, the Department determined the 60.95 percent
rate was relevant because no record evidence called it into question.
See Preliminary Results, 72 FR at 46963. Further, in our recently
completed final results for the 2003-2004 review of TRB's, we
corroborated and applied the 60.95 percent rate to the PRC-wide entity
as AFA. See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, from the People's Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and Notice of Intent to Rescind
in Part, 70 FR 39744 (July 11, 2005); Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished, from the People's Republic of China:
Final Results of 2003-2004 Administrative Review and Partial Rescission
of Review, 71 FR 2517 (January 17, 2006); and Tapered Roller Bearings
and Parts Thereof, Finished and Unfinished from the People's Republic
of China: Amended Final Results of Administrative Review, 71 FR 9521
(February 24, 2006). For the final results, we continue to find that
the 60.95 percent rate is reliable and relevant and therefore
corroborated. See the Issues and Decision Memorandum at Comment 3 for
further discussion.
Changes Since the Preliminary Results
Based on our analysis of comments received, we revised the scope
description to account for updated HTSUS numbers. See the Issues and
Decisoin Memorandum at Comment 1 for further discussion.
Final Results of Review
We determine that the following dumping margin exists for the
period June 1, 2005, through May 31, 2006:
TRBs from the PRC
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Weighted-Average
Exporter Margin (Percent)
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PRC-Wide Entity..................................... 60.95
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Assessment Rates
The Department intends to issue assessment instructions to CBP 15
days after the date of publication of these final results of
administrative review.
Cash Deposit Requirements
The following cash deposit rates will be effective upon publication
of the final results of this administrative review for all shipments of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) the cash deposit rate for
previously investigated or reviewed PRC and non-PRC exporters who
received a separate rate in a prior segment of the proceeding (which
were not reviewed in this segment of the proceeding) will continue to
be the rate assigned in that segment of the proceeding; (2) the cash
deposit rate for all PRC exporters of subject merchandise that have not
been found to be entitled to a separate rate, the cash deposit rate
will be the PRC-wide rate of 60.95 percent; and (3) the cash deposit
rate for all non-PRC exporters of subject merchandise which have not
received their own rate, will be the rate applicable to the PRC
exporters that supplied that non-PRC exporter. These requirements shall
remain in effect until further notice.
Notification of Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (``APOs'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing this determination and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
[[Page 56726]]
Dated: September 24, 2007.
Joseph A. Spetrini,
Deputy Assistant Secretary for Import Administration.
APPENDIX
List of Comments and Issues in the Decision Memorandum
Comment 1: Outdated TRBs Tariff Classification
Comment 2: CPZ's Separate Rate Status
Comment 3: The Country-wide Rate
[FR Doc. E7-19659 Filed 10-3-07; 8:45 am]
BILLING CODE 3510-DS-S