[Federal Register Volume 66, Number 221 (Thursday, November 15, 2001)]
[Notices]
[Pages 57420-57423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28651]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-601]


Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China; Final Results of 1999-
2000 Administrative Review, Partial Rescission of Review, and 
Determination Not To Revoke Order in Part

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

ACTION: Notice of final results of 1999-2000 administrative review, 
partial rescission of the review, and determination not to revoke the 
order in part.

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SUMMARY: We have determined that sales of tapered roller bearings and 
parts thereof, finished and unfinished, from the People's Republic of 
China, were made below normal value during the period June 1, 1999, 
through May 31, 2000. Based on our review of comments received and a 
reexamination of surrogate value data, we have made certain changes in 
the margin calculations of all of the reviewed companies. Consequently, 
the final results differ from the preliminary results. The final 
weighted-average dumping margins for these firms are listed below in 
the section entitled ``Final Results of the Review.'' Based on these 
final results of review, we will instruct the Customs Service to assess 
antidumping duties based on the difference between the export price and 
normal value on all appropriate entries.
    Weihai Machinery Holding (Group) Co., China National Machinery 
Import & Export Corporation, Wanxiang Group Corporation, and Zhejiang 
Machinery Import & Export Corp. have requested revocation of the 
antidumping duty order in part. Based on record evidence, we find that 
none of these companies qualify for revocation. Accordingly, we are not 
revoking the order with respect to the subject merchandise produced and 
exported by these four companies.

EFFECTIVE DATE: November 15, 2001.

FOR FURTHER INFORMATION CONTACT: Melani Miller, Jarrod Goldfedder, 
Anthony Grasso, or Andrew McAllister, Group 1, Office I, Antidumping/
Countervailing Duty Enforcement, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
0116, (202) 482-0189, (202) 482-3853, and (202) 482-1174, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references 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 to the Department of 
Commerce's (``the Department'') regulations are to 19 CFR part 351 
(2001).

[[Page 57421]]

Background

    On July 10, 2001, the Department published the preliminary results 
of this review of tapered roller bearings and parts thereof, finished 
and unfinished (``TRBs'') from the People's Republic of China 
(``PRC''). See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China: Preliminary Results of 
1999-2000 Administrative Review, Partial Rescission of Review, and 
Notice of Intent Not to Revoke Order in Part, 66 FR 35937 (July 10, 
2001) (``Preliminary Results''). The period of review (``POR'') is June 
1, 1999, through May 31, 2000. This review covers the following 
exporters (referred to collectively as ``the respondents''): Wanxiang 
Group Corporation (``Wanxiang''), China National Machinery Import & 
Export Corporation (``CMC''), Liaoning MEC Group Co. Ltd. 
(``Liaoning''), Premier Bearing & Equipment Ltd. (``Premier''), 
Tianshui Hailin Import and Export Corporation and Hailin Bearing 
Factory (``Hailin''), Weihai Machinery Holding (Group) Co., Ltd. 
(``Weihai''), Wafangdian Bearing Group Corp. Import & Export Company 
(``Wafangdian''), Luoyang Bearing Corporation (Group) (``Luoyang''), 
Zhejiang Machinery Import & Export Corp. (``ZMC''), Zhejiang Changshan 
Changhe Bearing Corp. (``ZCCBC''), Chin Jun Industrial Ltd. (``Chin 
Jun'').
    We invited parties to comment on the Preliminary Results. On 
September 7, 2001, we received case briefs from the Timken Company 
(``the petitioner''), as well as a combined case brief from CMC, 
Luoyang, Wanxiang, Hailin, Weihai, and ZMC. On September 17, 2001, each 
of these parties also submitted rebuttal briefs. Because the combined 
rebuttal brief filed by CMC, Luoyang, Wanxiang, Hailin, and Weihai 
contained unsolicited new information, we returned that submission to 
the counsel for these companies. A revised rebuttal brief from these 
companies was filed on September 24, 2001. At the request of certain 
interested parties, we held a hearing on October 10, 2001.
    The Department has conducted this administrative review in 
accordance with section 751 of the Act.

Scope of Review

    Merchandise covered by this review 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, 8482.99.30, 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 and this review is dispositive.

Rescission of Review in Part

    As noted in the Preliminary Results, on September 22 and November 
3, 2000, ZCCBC and Liaoning, respectively, requested that the 
Department rescind the review with respect to these companies. Pursuant 
to 19 CFR 351.213(d)(1), because ZCCBC and Liaoning withdrew their 
requests for reviews within 90 days of the date of publication of the 
notice of initiation of this review and no other party requested a 
review of these companies, we rescinded the review with respect to 
ZCCBC and Liaoning.
    Also, with respect to Chin Jun, as stated in the Preliminary 
Results, Chin Jun reported no shipments of subject merchandise to the 
United States during the POR. Entry data provided by the Customs 
Service confirms that there were no POR entries from Chin Jun of TRBs. 
Therefore, consistent with the Department's regulations and practice, 
we are rescinding this review with respect to Chin Jun. (See 19 CFR 
351.213(d)(3); Silicon Metal from Brazil; Final Results of Antidumping 
Duty Administrative Review, 61 FR 46763 (September 5, 1996).)
    Finally, as noted in the Preliminary Results, because the order 
with respect to Wafangdian was revoked in Tapered Roller Bearings and 
Parts Thereof, Finished and Unfinished, From the People's Republic of 
China; Amended Final Results of 1998-1999 Administrative Review and 
Determination to Revoke Order in Part, 66 FR 11562 (February 26, 2001) 
(``TRBs XII Amended Final''), we terminated this review with respect to 
Wafangdian.

Determination Not To Revoke Order, In Part

    The Department ``may revoke, in whole or in part'' an antidumping 
duty order upon completion of a review under section 751 of the Act. 
While Congress has not specified the procedures that the Department 
must follow in revoking an order, the Department has developed a 
procedure for revocation that is described in 19 CFR 351.222. This 
regulation requires, inter alia, that a company requesting revocation 
must submit the following: (1) A certification that the company has 
sold the subject merchandise at not less than normal value (``NV'') in 
the current review period and that the company will not sell at less 
than NV in the future; (2) a certification that the company sold the 
subject merchandise in each of the three years forming the basis of the 
request in commercial quantities; and (3) an agreement to reinstatement 
of the order if the Department concludes that the company, subsequent 
to the revocation, sold subject merchandise at less than NV. See 19 CFR 
351.222(e)(1). Upon receipt of such a request, the Department may 
revoke an order, in part, if it concludes that (1) the company in 
question has sold subject merchandise at not less than NV for a period 
of at least three consecutive years; (2) it is not likely that the 
company will in the future sell the subject merchandise at less than 
NV; and (3) the company has agreed to its immediate reinstatement in 
the order if the Department concludes that the company, subsequent to 
the revocation, sold subject merchandise at less than NV. See 19 CFR 
351.222(b)(2).
    As noted in the Preliminary Results, pursuant to 19 CFR 
351.222(e)(1), Weihai, CMC, Wanxiang, and ZMC requested revocation of 
the antidumping duty order, in part, based on an absence of dumping for 
each company for at least three consecutive years. Wafangdian also 
requested revocation of the antidumping duty order with respect to its 
sales. However, because the order with respect to Wafangdian was 
revoked in the TRBs XII Amended Final, we do not need to address 
Wafangdian's request for revocation in this review.
    In accordance with 19 CFR 351.222(e), Weihai, CMC, Wanxiang, and 
ZMC's requests were accompanied by certifications that they had sold 
the subject merchandise at not less than normal value during the 
current period of review and would not sell the subject merchandise at 
less than normal value in the future. They further certified that they 
sold the subject merchandise to the United States in commercial 
quantities for a period of at least three consecutive years. The 
companies also agreed to the immediate reinstatement of the antidumping 
duty order if the Department concludes that, subsequent to the 
revocation, the companies sold the subject merchandise at less than 
normal value.
    In Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China; Final Results of 1998-
1999 Administrative Review, Partial Rescission of Review,

[[Page 57422]]

and Notice of Intent to Revoke Order in Part, 66 FR 1953 (January 10, 
2001) and the TRBs XII Amended Final (collectively, ``TRBs XII''), CMC 
and ZMC were found to have made sales below normal value. Moreover, as 
noted in the ``Final Results of the Review'' section, below, CMC was 
found to have made sales below normal value in the instant review. 
Because CMC and ZMC do not have three consecutive years of sales at not 
less than normal value, CMC and ZMC do not qualify for revocation of 
the order on TRBs pursuant to 19 CFR 351.222(b).
    As for Weihai, as noted in the Preliminary Results, Weihai first 
participated in this proceeding as a new shipper. See Tapered Roller 
Bearings and Parts Thereof, Finished and Unfinished, From the People's 
Republic of China; Preliminary Results of New Shipper Review, 64 FR 
45511 (August 20, 1999); Tapered Roller Bearings and Parts Thereof, 
Finished and Unfinished, From the People's Republic of China; Final 
Results of 1997-1998 Antidumping Duty Administrative Review and Final 
Results of New Shipper Review, 64 FR 61837 (November 15, 1999) (``TRBs 
XI and NSR''). TRBs XI and NSR covered the period June 1, 1998 through 
November 30, 1998. Subsequently, Weihai participated in TRBs XII, which 
covered the period June 1, 1998 through May 31, 1999. See TRBs XII. 
Finally, Weihai is participating in the instant review, which covers 
the period June 1, 1999 through May 31, 2000. Since the time period 
covered by TRBs XI and NSR is included in the time period covered by 
TRBs XII, the Department has reviewed only two years of Weihai's 
shipments. Thus, Weihai has not sold the subject merchandise at not 
less than normal value for a period of at least three consecutive years 
and, accordingly, does not qualify for revocation in this review.
    Finally, with respect to Wanxiang, in TRBs XII we determined that 
Wanxiang did not qualify for revocation because it did not sell the 
subject merchandise in the United States in commercial quantities in 
each of the three years underlying its request for revocation. Based on 
our determination that Wanxiang did not make sales in commercial 
quantities during the PORs of TRBs XII and TRBs XI and NSR, we do not 
need to examine whether Wanxiang made sales in commercial quantities 
during the instant review. Because Wanxiang did not make sales in 
commercial quantities in each of the three years cited by the company 
to support its revocation request, Wanxiang does not qualify for 
revocation pursuant to19 CFR 351.222(b).

Use of Facts Otherwise Available

    As noted in the Preliminary Results, pursuant to section 776(a)(2) 
of the Act, we have determined that the use of facts available is 
warranted with respect to Premier. As explained in the Preliminary 
Results, and discussed in section 776(a)(2)(B) of the Act, Premier 
failed to provide information requested by the Department by the 
deadlines for submission of this information. Moreover, as Premier did 
not provide a response to the Department's questionnaire by the 
deadlines for submission of this information, we have determined that 
Premier failed to cooperate by not acting to the best of its ability to 
comply with a request for information. Thus, pursuant to section 776(b) 
of the Act, we have determined that the use of an adverse inference is 
appropriate in choosing from among the facts available for Premier. 
Additionally, as discussed in the Preliminary Results, we have 
determined that companies which did not respond to the questionnaire, 
including Premier, should not receive separate rates. No party in this 
proceeding has commented on this issue since the publication of the 
Preliminary Results. Thus, for these final results, we have continued 
to assign the PRC-wide rate of 33.18 percent to Premier.

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 Memo'') from Richard W. Moreland, Deputy 
Assistant Secretary, Import Administration, to Faryar Shirzad, 
Assistant Secretary for Import Administration, dated November 7, 2001, 
which is hereby adopted by this notice. A list of the issues which 
parties have raised and to which we have responded, all of which are in 
the Decision Memo, 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. In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn/summary/list.htm. The paper copy and electronic version of the Decision Memo 
are identical in content.

Changes Since the Preliminary Results

    Based on our review of comments received and a reexamination of 
surrogate value data, we have made certain changes to the calculations 
for the final results. These changes are discussed in the following 
Comments in the Decision Memo or in the referenced final calculation 
memoranda for particular companies:

All Companies

Valuation of Certain Steel Inputs; Comments 3 through 6
Inflation Adjustment; Comment 8

CMC

    We revised CMC's calculations to take into account a minor 
reporting error made by CMC for one of its reported factors that it 
discovered after the Preliminary Results.

Luoyang

    We valued certain TRBs components that we were not able to value in 
the Preliminary Results due to insufficient information. See Comment 
16.

Final Results of Review

    We determine that the following dumping margins exist for the 
period June 1, 1999, through May 31, 2000:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/manufacturer                        margin
                                                              percentage
------------------------------------------------------------------------
Weihai Machinery Holding (Group) Co........................         0.00
China National Machinery Import & Export Corporation.......         4.64
Wanxiang Group Corporation.................................         0.00
Tianshui Hailin Import and Export Corporation and Hailin            0.00
 Bearing Factory...........................................
Luoyang Bearing Corporation (Group)........................     \1\ 0.49
Zhejiang Machinery Import & Export Corp....................     \1\ 0.03

[[Page 57423]]

 
PRC-wide rate (including Premier Bearing & Equipment Ltd.).       33.18
------------------------------------------------------------------------
\1\ de minimus.

Assessment Rates

    Pursuant to 19 CFR 351.212(b), the Department calculates an 
assessment rate for each importer of the subject merchandise. Because 
certain importer-specific assessment rates calculated in these final 
results are above de minimis (i.e., at or above 0.5 percent), the 
Department will issue appraisement instructions directly to the Customs 
Service to assess antidumping duties on appropriate entries by applying 
the assessment rate to the entered value of the merchandise. For 
assessment purposes, we calculate importer-specific assessment rates 
for the subject merchandise by aggregating the dumping duties due for 
all U.S. sales to each importer and dividing the amount by the total 
entered value of the sales to that importer.

Cash Deposit Requirements

    The following cash deposit requirements 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)(1) of the Act: (1) For the PRC companies 
named above, the cash deposit rates will be the rates for these firms 
established in the final results of this review, except that, for 
exporters with de minimis rates (i.e., less than 0.5 percent) no 
deposit will be required; (2) for previously-reviewed PRC and non-PRC 
exporters with separate rates, the cash deposit rate will be the 
company-specific rate established for the most recent period during 
which they were reviewed; (3) for all other PRC exporters, the rate 
will be the PRC country-wide rate, which is 33.18 percent; and (4) for 
all other non-PRC exporters of subject merchandise from the PRC, the 
cash deposit rate will be the rate applicable to the PRC supplier of 
that exporter. These deposit requirements, when imposed, shall remain 
in effect until publication of the final results of the next 
administrative review.

Notification to Importers

    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.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') 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 771(i) of the Act.

    Dated: November 7, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Decision Memorandum

Comment 1: Market Economy Steel Values
Comment 2: Addition of Inventory Carrying Costs to Market Economy 
Steel Values
Comment 3: Steel Used to Value Cups and Cones
Comment 4: Adding Ocean Freight and Marine Insurance to the Japanese 
Exports to India Data
Comment 5: Use of Indonesian Steel Import Statistics for Valuing 
Rollers
Comment 6: Steel Input Used to Value Cages
Comment 7: Labor Costs
Comment 8: Inflation Adjustment
Comment 9: Revocations
Comment 10: Rescinding Reviews of Hailin and Weihai
Comment 11: CMC's Market Economy Steel Values
Comment 12: Use of Adverse Facts Available for Products Sourced from 
Unaffiliated CMC Suppliers
Comment 13: CMC's U.S. Inventory Carrying Costs
Comment 14: CMC's U.S. Duty and U.S. Inland Freight Expenses
Comment 15: Hailin's Scrap Offset
Comment 16: Valuation of Certain Luoyang TRB Components
Comment 17: Luoyang Energy Factors
Comment 18: Wanxiang's Transport Distances
Comment 19: Wanxiang's Energy Factors
Comment 20: Weihai SG&A and Labor
Comment 21: ZMC's Financial Statements
Comment 22: ZMC's Energy Factors

[FR Doc. 01-28651 Filed 11-14-01; 8:45 am]
BILLING CODE 3510-DS-P