[Federal Register Volume 65, Number 44 (Monday, March 6, 2000)]
[Notices]
[Pages 11767-11769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5367]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-054, A-588-604]


Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From Japan, and Tapered Roller Bearings, Four Inches or 
Less in Outside Diameter, and Components Thereof, From Japan; Final 
Results of Antidumping Duty Administrative Reviews and Revocation in 
Part

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

ACTION: Notice of final results of antidumping duty administrative 
reviews.

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SUMMARY: On October 1, 1999, the Department of Commerce (the 
Department) published the preliminary results of the 1997-98 
administrative reviews of the antidumping duty order on tapered roller 
bearings (TRBs) and parts thereof, finished and unfinished, from Japan 
(A-588-604), and the antidumping finding on TRBs, four inches or less 
in outside diameter, and components thereof, from Japan (A-588-054) 
(see Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, from Japan, and Tapered Roller Bearings, Four Inches or 
Less in Outside Diameter, and Components Thereof, from Japan; 
Preliminary Results of Antidumping Duty Administrative Reviews and 
Intent to Revoke in Part, 64 FR 53323 (Preliminary Results). The review 
of the A-588-054 finding covers two manufacturers/exporters and one 
reseller/exporter of the subject merchandise to the United States and 
the period October 1, 1997, through September 30, 1998. The review of 
the A-588-604 order covers three manufacturers/exporters and the period 
October 1, 1997, through September 30, 1998. Based upon our analysis of 
the comments received, we have made changes in the margin calculations. 
The final weighted-average dumping margins for the reviewed firms are 
listed below in the section entitled ``Final Results of Reviews.''

EFFECTIVE DATE: March 6, 2000.

FOR FURTHER INFORMATION CONTACT: Stephanie Arthur (Koyo), Charles 
Ranado (NSK), Deborah Scott (NTN and Fuji), or Robert James, Office of 
AD/CVD Enforcement III, Office 8, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-
6312, (202) 482-3518, or (202) 482-2657, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are in reference to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations

[[Page 11768]]

to the Department's regulations refer to 19 CFR part 351 (April 1, 
1998).

Background

    On October 1, 1999, we published in the Federal Register the 
preliminary results of the 1997-98 administrative reviews of the 
antidumping duty order and finding on TRBs from Japan (see Preliminary 
Results at 53323). We gave interested parties an opportunity to comment 
on the Preliminary Results. At the request of certain interested 
parties, we held a public hearing on November 16, 1999. The Department 
has now completed these reviews in accordance with section 751 of the 
Act.

Scope of the Reviews

    Imports covered by the A-588-054 finding are sales or entries of 
TRBs, four inches or less in outside diameter when assembled, including 
inner race or cone assemblies and outer races or cups, sold either as a 
unit or separately. This merchandise is classified under Harmonized 
Tariff Schedule (HTS) item numbers 8482.20.00 and 8482.99.15.
    Imports covered by the A-588-604 order include TRBs and parts 
thereof, finished and unfinished, which are flange, take-up cartridge, 
and hanger units incorporating TRBs, and roller housings (except pillow 
blocks) incorporating tapered rollers, with or without spindles, 
whether or not for automotive use. Products subject to the A-588-054 
finding are not included within the scope of this order, except those 
manufactured by NTN. This merchandise is currently classifiable under 
HTS item numbers 8482.20.00, 8482.91.00, 8482.99.15, 8482.99.45, 
8483.20.40, 8483.20.80, 8483.30.80, 8483.90.20, 8483.90.30, and 
8483.90.80. The HTS item numbers listed above for both the A-588-054 
finding and the A-588-604 order are provided for convenience and 
Customs purposes. The written description remains dispositive.
    The period for each 1997-98 review is October 1, 1997, through 
September 30, 1998. The review of the A-588-054 case covers TRB sales 
by two manufacturers/exporters (Koyo and NSK) and one reseller/exporter 
(Fuji). The review of the A-588-604 case covers TRBs sales by three 
manufacturers/exporters (Koyo, NTN, and NSK).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Joseph A. Spetrini, Deputy 
Assistant Secretary, Import Administration, to Robert S. LaRussa, 
Assistant Secretary for Import Administration, dated February 28, 2000, 
which is hereby adopted and incorporated by reference into this notice. 
A list of the issues which parties have raised and to which we have 
responded, all of which are in the Decision Memorandum, is attached to 
this notice as an Appendix. Parties can find a complete discussion of 
all issues raised in this review and the corresponding recommendations 
in this public memorandum, which is on file in the Central Records 
Unit, room B-099 of the Main Department building (B-099).
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the World Wide Web at www.ita.doc.gov/
import__admin/records/frn/. The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Duty Absorption

    We have determined that duty absorption has occurred with respect 
to the following firms and with respect to the following percentages of 
sales which these firms made through their U.S. affiliated parties:

------------------------------------------------------------------------
                                                              Percentage
                                                               of U.S.
                                                             affiliates'
                                                              sales with
                                                               dumping
                                                               margins
------------------------------------------------------------------------
For the A-588-054 case:
    Koyo...................................................        16.31
    NSK....................................................        19.55
For the A-588-604 case:
    Koyo...................................................        98.08
    NSK....................................................        24.86
    NTN....................................................        29.77
------------------------------------------------------------------------

    For a discussion of our determination with respect to this matter, 
see the ``Duty Absorption'' section of the Decision Memorandum, 
accessible in B-099 and on the Web at www.ita.doc.gov/import__admin/
records/frn/.

Use of Facts Available

    For a discussion of comments on our application of facts available, 
see the ``Facts Available'' section of the Decision Memorandum, which 
is on file in B-099 and available on the Web at www.ita.doc.gov/
import__admin/records/frn/. See also Preliminary Results at 53325.

Revocation

    On October 1, 1999, we published in the Preliminary Results our 
notice of intent to revoke the A-588-054 antidumping finding in part 
with respect to Fuji. We gave interested parties an opportunity to 
comment on our intent to revoke in part. Fuji submitted comments with 
respect to revocation.
    On October 30, 1998, Fuji submitted a request, in accordance with 
19 CFR 351.222(e), that the Department revoke the finding covering TRBs 
from Japan with respect to its sales of this merchandise. In accordance 
with 19 CFR 351.222(e), this request was accompanied by certification 
from Fuji that it had sold the subject merchandise to the United States 
in commercial quantities at not less than normal value (NV) for a 
three-year period including the current review period,\1\ and would not 
sell subject merchandise at less than NV in the future. Fuji also 
agreed to its immediate reinstatement in the relevant antidumping 
finding, as long as any firm is subject to the finding, if the 
Department concludes that, subsequent to revocation, it sold the 
subject merchandise at less than NV.
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    \1\ In addition, on March 22, 1999 Fuji provided information to 
the Department supporting its claim that it sold TRBs to the United 
States in commercial quantities during this three-year period. That 
submission included sales information for the 1996-97 POR, during 
which the Department did not conduct a review of Fuji (see footnote 
2). The information provided therein is consistent with the 
information from both the 1995-96 and current POR, and there is no 
evidence on the record calling into question Fuji's 1996-97 
estimated sales information. Additionally, no party has raised this 
issue during the current review.
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    On the basis of Fuji's three consecutive years of exports to the 
United States of subject merchandise in commercial quantities with zero 
or de minimis margins and the lack of any indication that Fuji will 
sell TRBs at less than NV in the future, we have determined that Fuji 
is not likely to sell subject merchandise at less than NV in the 
future. Accordingly, we are revoking the A-588-054 finding on TRBs from 
Japan with respect to Fuji. See also Fuji's discussion of this issue 
and the Department's response under ``Revocation'' in the ``Discussion 
of the Issues'' section of the Decision Memorandum, accessible in B-099 
and on the Web at www.ita.doc.gov/import__admin/records/frn/.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculations. We have also corrected certain 
programming and clerical errors in our preliminary results, where 
applicable. Any alleged programming or clerical errors with which we do 
not agree are discussed in the relevant sections of the Decision 
Memorandum, accessible in B-099 and on the Web at www.ita.doc.gov/
import__admin/records/frn/.

[[Page 11769]]

Final Results of Reviews

    We determine that the following percentage weighted-average margins 
exist for the period October 1, 1997 through September 30, 1998:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
For the A-588-054 case:
    Fuji...................................................         0.05
    Koyo Seiko.............................................        10.50
    NSK....................................................         4.07
For the A-588-604 case:
    Fuji \2\
    Koyo Seiko.............................................        23.36
    NSK....................................................         1.80
    NTN....................................................       17.58
------------------------------------------------------------------------
\2\ No review requested.

    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b), we have calculated exporter/importer-specific 
assessment rates. With respect to both export price and constructed 
export price sales, we divided the total dumping margins for the 
reviewed sales by the total entered value of those reviewed sales for 
each importer. We will direct Customs to assess the resulting 
percentage margins against the entered Customs values for the subject 
merchandise on each of that importer's entries under the relevant 
proceeding during the review period.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of TRBs from Japan entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) The cash deposit rates 
for the reviewed companies will be the rates shown above except that, 
for firms whose weighted-average margins are less than 0.5 percent and, 
therefore, de minimis, the Department shall require no deposit of 
estimated antidumping duties; (2) for previously reviewed or 
investigated companies not listed above, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original less-than-fair-value (LTFV) 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and (4) if neither the exporter nor the manufacturer 
is a firm covered in these or any previous reviews conducted by the 
Department, the cash deposit rate will be 18.07 percent for the A-588-
054 case, and 36.52 percent for the A-588-604 case (see Final Results 
of Antidumping Duty Administrative Reviews; Tapered Roller Bearings, 
Finished and Unfinished, and Parts Thereof, from Japan and Tapered 
Roller Bearings, Four Inches or Less in Outside Diameter, and 
Components Thereof, From Japan, 58 FR 64720 (December 9, 1993).
    The cash deposit rate has been determined on the basis of the 
selling price to the first unaffiliated U.S. customer. For appraisement 
purposes, where information is available, the Department will use the 
entered value of the merchandise to determine the assessment rate. 
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 351.402(f) 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 doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the return or 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.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 771(i) of the Act and 19 CFR 
351.213.

    Dated: February 28, 2000.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix 1--Issues in Decision Memorandum

Comments and Responses

1. Duty Absorption
2. Facts Available/Further Manufacturing
3. Revocation
4. Adjustments to Normal Value
5. Adjustments to United States Price
6. Cost of Production and Constructed Value
7. Level of Trade
8. Arm's-length Test
9. Sample Sales/High Profit Sales
10. Model Match
11. Ministerial Errors

[FR Doc. 00-5367 Filed 3-3-00; 8:45 am]
BILLING CODE 3510-DS-P