[Federal Register Volume 67, Number 134 (Friday, July 12, 2002)]
[Notices]
[Pages 46176-46177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17591]


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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; Amended Final Results 
of Antidumping Duty Administrative Review

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

ACTION: Notice of final court decision and amended final results of 
administrative review.

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SUMMARY: The United States Court of International Trade has affirmed 
the Department of Commerce's final remand results affecting the final 
weighted-average margins for the 1995/1996 administrative review of the 
antidumping duty order on tapered roller bearings and parts thereof, 
finished and unfinished, from the People's Republic of China. There was 
no appeal to the United States Court of Appeals for the Federal 
Circuit. As there is now a final and conclusive court decision in this 
case, we are amending the final results of review and we will instruct 
the Customs Service to liquidate entries subject to this review. The 
period of review is June 1, 1995, through May 31, 1996.

EFFECTIVE DATE: July 12, 2002.

FOR FURTHER INFORMATION CONTACT: George Callen or Richard Rimlinger, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone (202) 482-0180 or (202) 482-4477, 
respectively.

SUPPLEMENTARY INFORMATION:

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 (URAA).

Background

    On November 17, 1997, the Department published the final 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 covering the period June 1, 1995, through 
May 31, 1996. See Tapered Roller Bearings and Parts Thereof, Finished 
and Unfinished, From the People's Republic of China, Final Results of 
Antidumping Duty Administrative Review, 62 FR 61276 (November 17, 1997) 
(Final Results).
    The Timken Company contested the Department's decision in the Final 
Results. In issuing its decision in this case, the United States Court 
of International Trade (CIT) instructed the Department to make the 
following changes to its margin calculations for the Final Results: (1) 
Determine direct labor costs without relying on labor hours and, if 
necessary, open the record;

[[Page 46177]]

(2) exclude the ``purchases of traded goods'' from its calculation of 
the cost of manufacturing; (3) adjust United States price by 
recalculating marine insurance pursuant to a value-based methodology; 
and (4) correct clerical errors in the calculation of the weight of 
scrap for one of the Chinese producers. See Timken Company v. United 
States, Court No. 97-12-02156, Slip Op. 01-96 (CIT August 9, 2001).
    In its instructions, the CIT did not refer to companies by name. 
Accordingly, in implementing the court's instructions for determining 
direct labor costs without relying on labor hours, excluding the 
``purchases of traded goods'' in calculating the cost of manufacturing, 
and adjusting United States price by recalculating marine insurance 
pursuant to a value-based methodology, we calculated the changes for 
all companies for which we had data and for which we had performed 
calculations to arrive at the weighted-average dumping margins in the 
Final Results. For one company, Guizhou Machinery Import and Export 
Corp. (Guizou), this resulted in a change in margin from 21.79 percent 
to 31.05. This new margin is also the highest overall margin calculated 
in any segment of this proceeding.
    The Department issued final results of redetermination on remand on 
December 13, 1999. The CIT affirmed the Department's final remand 
results and dismissed the case. See Timken Company v. United States, 
Slip Op. 02-30 (CIT March 20, 2002). There was no appeal to the United 
States Court of Appeals for the Federal Circuit. As there is now a 
final and conclusive court decision in this action, we are amending our 
final results of review and we will instruct the Customs Service to 
liquidate entries subject to this review.

Amendment to Final Results

    Pursuant to section 516A(e) of the Act, we are now amending the 
final results of administrative review of the antidumping duty order on 
TRBs from the People's Republic of China for the period of review June 
1, 1995, through May 31, 1996. In the original Final Results, we 
established margins for Jilin Machinery Import & Export Corporation 
(Jilin) and the PRC-wide rate on the basis of total adverse facts 
available and selected the highest ovrall margin calculated in any 
segment of the proceeding. As noted above, that rate is now 31.05 
percent, the rate calculated for Guizhou in the final results of 
redetermination on remand. Accordingly, we are amending the rate for 
Jilin and the PRC-wide rate consistent with those final results of 
redetermination on remand.

------------------------------------------------------------------------
                           Company                               Margin
------------------------------------------------------------------------
Peer Bearing Co. and Chin Jun Industrial Ltd.................       3.07
China National Machinery Import and Export Corp. (CMC).......       3.05
Guizhou Machinery Import and Export Corp.....................      31.05
Liaoning MEC Group Co., Ltd..................................       0.61
Luoyang Bearing Factory......................................       3.84
Premier Bearing and Equipment, Ltd...........................       5.60
Shandong Machinery and Equipment Import and Export Corp......      19.13
Wanxiang Group Corp..........................................       0.11
Xiangfan Machinery Foreign Trade Corp........................       0.49
Zhejiang Machinery Import and Export Corp....................       0.17
Jilin........................................................      31.05
PRC Wide Rate................................................      31.05
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    Accordingly, the Department will determine and the Customs Service 
will assess appropriate antidumping duties on entries of the subject 
merchandise exported by firms covered by this review.
    We are issuing and publishing this determination in accordance with 
section 751(a) of the Act.

    Dated: July 3, 2002.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-17591 Filed 7-11-02; 8:45 am]
BILLING CODE 3510-DS-P