[Federal Register Volume 67, Number 46 (Friday, March 8, 2002)]
[Notices]
[Pages 10665-10667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5659]


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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 New 
Shipper Reviews

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

ACTION: Notice of final results of new shipper reviews of tapered 
roller bearings and parts thereof, finished and unfinished, from the 
People's Republic of China.

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SUMMARY: In response to requests from Peer Bearing Company - Changshan 
and Yantai Timken Company Limited, the Department of Commerce is 
conducting new shipper reviews of the antidumping

[[Page 10666]]

duty order on tapered roller bearings and parts thereof, finished and 
unfinished, from the People's Republic of China. These reviews cover 
these companies' entries of tapered roller bearings and parts thereof, 
finished and unfinished, to the United States during the period June 1, 
2000 through November 30, 2000 for Yantai Timken Company Limited and 
June 1, 2000 through January 31, 2001 for Peer Bearing Company - 
Changshan.
    We have determined that, during the periods of review, only Peer 
Bearing Company - Changshan made sales below normal value. Based on our 
review of comments received and a reexamination of surrogate value 
data, we have made certain changes in the margin calculations 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 New Shipper Reviews.'' 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.

EFFECTIVE DATE: March 8, 2002.

FOR FURTHER INFORMATION CONTACT: Jarrod Goldfeder or Anthony Grasso, 
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) 482-0189 or (202) 482-3853, 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).
Background
    On November 20, 2001, the Department issued the preliminary results 
of these new shipper reviews 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 New Shipper Reviews, 66 FR 59569 (November 29, 
2001) (``Preliminary Results''). These new shipper reviews cover Yantai 
Timken Company Limited (``Yantai Timken'') and Peer Bearing Company - 
Changshan (``CPZ''). The periods of review (``PORs'') are (1) for 
Yantai Timken, June 1, 2000 through November 30, 2000, and (2) for CPZ, 
June 1, 2000 through January 31, 2001. See Preliminary Results, 66 FR 
at 59569.
    We invited parties to comment on the Preliminary Results. On 
January 18, 2002, we received case briefs from the Timken Company 
(``the petitioner'' or ``Timken''), Yantai Timken, and CPZ. On January 
25, 2002, these parties all filed rebuttal briefs. At the request of 
Yantai Timken and CPZ, we held a hearing on January 31, 2002.
    On February 19, 2002, we postponed the final results to not later 
than March 5, 2002, in accordance with section 751(a)(2)(B)(iv) of the 
Act. See 67 FR 8937 (February 27, 2002).
Scope of the Order
    Merchandise covered by this order includes tapered roller bearings 
and parts thereof, finished and unfinished, from the People's Republic 
of China (``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 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.
Analysis of Comments Received
    All issues raised in the case and rebuttal briefs by parties to 
these new shipper reviews 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 February 19, 2002, 
which is hereby adopted by this notice. A list of the issues that 
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 Decision Memo 
or in the referenced final calculation memoranda for particular 
companies:
Both Companies
    In the Preliminary Results, we adjusted the Japanese export data 
used to value the cup and cone steel inputs in order to reflect Indian 
imported steel values, which would assuredly include movement expenses. 
For the final results, we calculated a value for ocean freight for 
shipments made between Japan and India based on November 2001 rate 
quotes from Maersk Inc. submitted by Yantai Timken in its 20-day 
factual submission made on January 10, 2002. We adjusted this data to 
account for the marine insurance costs excluded from the rate quote and 
to make it contemporaneous with the current PORs. See Decision Memo, 
Comment 4.
    From the Indian import data used to calculate the surrogate value 
used for pallets, we omitted those countries that had imports of small 
quantities. See Decision Memo, Comment 3.
Yantai Timken
    For the final results, we relied upon Yantai Timken's submitted 
databases that reflect changes it made based on our findings at the 
U.S. verification of Yantai Timken's questionnaire response.
CPZ
    For the final results, we corrected the calculation of CPZ's 
inventory carrying costs in order to reflect the revised short-term 
interest rate, as noted in the memorandum to John Brinkmann, ``Peer 
Bearing Company - Changshan Verification Report,'' dated October 3, 
2001. Also, we revised upwards CPZ's reported U.S. indirect selling 
expense ratio to account for administrative expenses. See Decision 
Memo, Comment 5.

[[Page 10667]]

Final Results of the New Shipper Reviews
    We determine that the following dumping margins exist for the 
periods June June 1, 2000 through November 30, 2000 for Yantai Timken, 
and June 1, 2000 through January 1, 2001 for CPZ:

------------------------------------------------------------------------
                                                 Weighted-average margin
             Exporter/manufacturer                      percentage
------------------------------------------------------------------------
CPZ............................................                    12.25
Yantai Timken..................................                        0
------------------------------------------------------------------------

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 these new shipper reviews 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)(2)(B) and 777(i)(1) of the Act.

    February 28, 2002
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:Rescission of Yantai Timken's New Shipper Review
Comment 3: Surrogate Value for Pallets and Other Factors
Comment 4: Adding Ocean Freight and Marine Insurance to the Japanese 
Exports to India Data
Comment 5: CPZ's Indirect Selling Expenses
Comment 6: CPZ's Post-Sale Warehousing Expenses
Comment 7: Price of CPZ's Sample Sale
Comment 8: CPZ's Credit Expense
Comment 9: CPZ's Inventory Carrying Cost
[FR Doc. 02-5659 Filed 3-7-02; 8:45 am]
BILLING CODE 3510-DS-S