[Federal Register Volume 61, Number 227 (Friday, November 22, 1996)]
[Notices]
[Pages 59416-59417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29940]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE
[A-485-602]


Tapered Roller Bearings and Parts Thereof, Finished or 
Unfinished, From the Republic of Romania; Amendment of Final Results of 
Antidumping Duty Administrative Review

AGENCY: International Trade Administration, Import Administration, 
Department of Commerce.

ACTION: Notice of amendment of final results of antidumping duty 
administrative review.

-----------------------------------------------------------------------

SUMMARY: On October 2, 1996, the Department of Commerce (the 
Department) published the final results of its administrative review of 
the antidumping duty order on tapered roller bearings and parts 
thereof, finished or unfinished, (TRBs) from Romania. The review 
covered eight companies and the period June 1, 1994 through May 31, 
1995. Based on the correction of ministerial errors made in the margin 
calculation in those final results, we are publishing this amendment to 
the final results in accordance with 19 CFR 353.28(c).

EFFECTIVE DATE: November 22, 1996.

FOR FURTHER INFORMATION CONTACT: Karin Price or Maureen Flannery, AD/
CVD Enforcement, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington D.C. 20230; telephone (202) 482-
4733.

Applicable Statute

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act. In addition, unless otherwise indicated, 
all citations to the Department's regulations are to the current 
regulations, as amended by the interim regulations published in the 
Federal Register on May 11, 1995 (60 FR 25130).

Background

    On October 2, 1996, the Department published in the Federal 
Register (61 FR 51427) the final results of its administrative review 
of the antidumping duty order on TRBs from Romania (52 FR 23320, June 
19, 1987). On October 7, 1996, we received a timely allegation from 
respondent, Tehnoimportexport, S.A. (TIE), that the Department made 
ministerial errors in the final results. The petitioner, The Timken 
Company, has not responded to these allegations.
    In its final results, the Department used information from a 
publicly available summarized version of selling, general, and 
administrative (SG&A) expenses from two Thai bearing companies used in 
the 1988-1990 administrative review of antifriction bearings from 
Romania. TIE alleges that the Department failed to exclude from the 
surrogate value for SG&A expenses the Thai sales business tax incurred 
only on home-market sales; failed to exclude from the surrogate SG&A 
rate freight costs incurred on one type of sale; and used an improper 
formula to weight average the SG&A expenses between the two types of 
sales made by the Thai companies. We agree with TIE that we made 
ministerial errors with regard to the Thai business tax and the freight 
costs, and have amended our final results for these ministerial errors. 
However, we disagree with TIE that the other alleged error is 
ministerial, and have not amended our final results for such claimed 
error. For further discussion, see Decision Memorandum to Joseph A. 
Spetrini, Deputy Assistant Secretary, Enforcement Group III, dated 
November 1, 1996, ``Decision Memorandum Regarding the Ministerial Error 
Allegation in the 1994-1995 Administrative Review of Tapered Roller 
Bearings and Parts Thereof, Finished or Unfinished, from Romania,'' 
which is on file in the Central Records Unit (room B-099 of the Main 
Commerce Building).

Amended Final Results of Review

    As a result of our correction of the ministerial errors, we have 
determined the margin to be:

------------------------------------------------------------------------
                                                                 Margin 
           Manufacturer/exporter               Time period     (percent)
------------------------------------------------------------------------
Romania Rate..............................     6/1/94-5/31/95      7.67 
------------------------------------------------------------------------

    The Department will instruct the Customs Service to assess 
antidumping duties on all appropriate entries. The Department will 
issue appraisement instructions directly to the Customs Service.
    Furthermore, the following deposit requirements will be effective 
upon publication of this notice of amended final results for all 
shipments of TRBs from Romania 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 TIE and 
all other exporters will be 7.67 percent; and (2) for non-Romanian 
exporters of subject merchandise from Romania, the cash deposit rate 
will be the rate applicable to the Romanian supplier of that exporter. 
These deposit requirements shall remain in effect until publication of 
the final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 353.26 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 antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 353.34(d)(1). Timely

[[Page 59417]]

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 sanctionable 
violation.
    This administrative review and notice are in accordance with 
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 
353.28(c).

    Dated: November 14, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-29940 Filed 11-21-96; 8:45 am]
BILLING CODE 3510-DS-P