[Federal Register Volume 68, Number 243 (Thursday, December 18, 2003)]
[Notices]
[Pages 70488-70490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31223]


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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 2001-
2002 Administrative Review and Partial Rescission of Review

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

ACTION: Notice of Final Results of 2001-2002 Administrative Review and 
Partial Rescission of the Review.

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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, 2001, 
through May 31, 2002. We are also rescinding the review, in part, in 
accordance with 19 CFR Sec.  351.213(d)(3).
    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 U.S. Customs and Border Protection to 
assess antidumping duties based on the difference between the export 
price and normal value on all appropriate entries.

EFFECTIVE DATE: December 18, 2003.

FOR FURTHER INFORMATION CONTACT: S. Anthony Grasso or Andrew R. Smith, 
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) 482-3853 or (202) 482-1276, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 14, 2003, 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 
2001-2002 Administrative Review and Partial Rescission of Review, 68 FR 
7500 (February 14, 2003) (``Preliminary Results''). The period of 
review (``POR'') is June 1, 2001, through May 31, 2002. This review 
covers the following producers or exporters (referred to collectively 
as ``the respondents''): Wanxiang Group Corporation (``Wanxiang''), 
China National Machinery Import & Export Corporation (``CMC''), 
Tianshui Hailin Import and Export Corporation (``Hailin''), Luoyang 
Bearing Corporation (Group) (``Luoyang''), Liaoning MEC Group Co. Ltd. 
(``Liaoning''), Peer Bearing Company - Changshan (``CPZ''), and Yantai 
Timken Co., Ltd. (``Yantai Timken'')
    We invited parties to comment on the Preliminary Results. On March 
17, 2003, we received case briefs from the Timken Company (``the 
petitioner''), CPZ, and Yantai Timken. On March 24, 2003, the Timken 
Company and Yantai Timken submitted rebuttal briefs.
    The Department has conducted this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended 
(``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 10, 2002, Hailin, 
Wanxiang, Luoyang, Liaoning, and CMC withdrew their requests for 
review. The petitioner did not request reviews of any of these 
companies. Therefore, pursuant to 19 CFR Sec.  351.213(d)(1), because 
these companies withdrew their requests for review 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 are rescinding 
the review with respect to Hailin, Wanxiang, Luoyang, Liaoning, and 
CMC.

Use of Facts Otherwise Available

    As discussed in detail in the Preliminary Results, we have 
determined that companies which did not respond to the Department's 
questionnaire in this proceeding should not receive separate rates and, 
thus, are viewed as part of the PRC-wide entity. Moreover, as noted in 
the Preliminary Results, we determine that, in accordance with sections 
776(a) and (b) of the Act, the use of adverse facts available is 
appropriate for companies that did not respond to our requests for 
information. No party in this proceeding has commented on these issues 
since the publication of the Preliminary Results. Thus, for these final 
results, we have continued to assign the rate of 33.18 percent to 
companies that are part of the PRC-entity.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the ``Issues and Decision Memorandum'' 
from Jeffrey May, Deputy Assistant Secretary, Import Administration, to 
James J. Jochum, Assistant Secretary, Import Administration, dated 
December 11, 2003 (``Decision Memorandum''), which is hereby adopted by 
this notice. Attached to this notice as an Appendix is a list of the 
issues that parties have raised and to which we have responded in the 
Decision Memorandum. Parties can find a complete discussion of all 
issues raised in this investigation and the corresponding 
recommendations in this public memorandum, which is on file in the 
Department's Central Records Unit, located in Room B-099 of the main 
Department building (``CRU''). In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Internet at http://ia.ita.doc.gov/frn/ under the heading ``China PRC.'' The paper copy and 
electronic version of the Decision Memorandum 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

[[Page 70489]]

the final results. These changes are discussed in the following 
Comments in the Decision Memorandum or in the referenced final 
calculation memoranda for particular companies:

All Companies

    Certain adjustments were made to the overhead, SG&A, and profit 
ratios. See Decision Memorandum at Comment 5.

CPZ

    In the Preliminary Results we used data on Japanese exports to 
India to value the hot-rolled alloy steel used by CPZ to manufacture 
the subject merchandise. For these final results, we revised this 
surrogate value. Instead, we relied on data for Japanese exports to 
Indonesia to value the hot-rolled alloy steel used to manufacture the 
subject merchandise. See Decision Memorandum at Comment 3 and the 
Memorandum from Team to Susan Kuhbach: ``Factors of Production Values 
Used for the Final Results,'' dated December 11, 2003.

Yantai Timken

    We revised Yantai Timken's final results calculations to correct 
several minor reporting and clerical errors noted by Yantai Timken in 
its case brief. See Memorandum from Case Analyst to File, ``Final 
Results Calculation Memorandum for Yantai Timken Company, Ltd.'' 
(``Yantai Timken's Calc Memo''), dated December 11, 2003, which is on 
file in the Department's CRU.
    As noted in the Preliminary Results, and consistent with our 
treatment of subsidized inputs in TRBs XIV, TRBs XIII, and TRBs XII, we 
do not use the prices paid by PRC producers of TRBs for inputs that we 
have a reason to believe or suspect are subsidized. Accordingly, for a 
particular input that Yantai Timken purchased from a market economy 
country, for these final results, we have used a surrogate value 
instead of the market price paid by Yantai Timken and used in the 
Preliminary Results. (See Yantai Timken's Calc Memo for a more detailed 
discussion of this issue.)

Final Results of Review

    We determine that the following dumping margins exist for the 
period June 1, 2000, through May 31, 2001:

------------------------------------------------------------------------
                                                       Weighted-average
                Exporter/manufacturer                  margin percentage
------------------------------------------------------------------------
Peer Bearing Company - Changshan....................                0.00
Yantai Timken Co., Ltd..............................               18.75
PRC-wide rate.......................................               33.18
------------------------------------------------------------------------

Assessment Rates

    In accordance with 19 CFR Sec.  351.212(b)(1), we have calculated 
importer (or customer)-specific assessment rates for the merchandise 
subject to this review. To determine whether the duty assessment rates 
were de minimis, in accordance with the requirement set forth in 19 CFR 
Sec.  351.106(c)(2), we calculated importer (or customer)-specific ad 
valorem rates by aggregating the dumping margins calculated for all 
U.S. sales to that importer (or customer) and dividing this amount by 
the total value of the sales to that importer (or customer). Where an 
importer (or customer)-specific ad valorem rate was greater than de 
minimis, we calculated a per unit assessment rate by aggregating the 
dumping margins calculated for all U.S. sales to that importer (or 
customer) and dividing this amount by the total quantity sold to that 
importer (or customer). Where an importer (or customer )-specific ad 
valorem rate was de minimis, we will order the Customs Service to 
liquidate without regard to antidumping duties.
    All other entries of the subject merchandise during the POR will be 
liquidated at the antidumping duty rate in place at the time of entry.
    The Department will issue appropriate assessment instructions 
directly to U.S. Customs and Border Protection (``CBP'') within 15 days 
of publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit rates will be effective upon publication 
of these final results for all shipments of TRBs from the PRC entered, 
or withdrawn from warehouse, for consumption on or after the 
publication date of this notice, as provided for 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%, and therefore, de minimis, the Department 
shall require no deposit of estimated antidumping duties; (2) for a 
company previously found to be entitled to a separate rate and for 
which no review was requested, the cash deposit rate will be the rate 
established in the most recent review of that company; (3) for all 
other PRC exporters of subject merchandise, the rate will be the PRC 
country-wide rate, which is 33.18 percent; and (4) for non-PRC 
exporters of subject merchandise from the PRC, the cash deposit rate 
will be the rate applicable to the PRC exporter that supplied that 
exporter. These deposit rates 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 Sec.  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 Sec.  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 section 751(a)(1) and 771(i) of the Act.

    Dated: December 11, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Decision Memorandum
Comment 1: Peer Bearing Company - Changshan's (``CPZ'') Market Economy 
Steel
Comment 2: Valuing the Steel Input Used by CPZ to Manufacture Cups and 
Cones
Comment 3: Cups and Cones Surrogate Value: Japanese Exports to India 
Versus to Indonesia
Comment 4: Correct the Surrogate Value Calculated Using Japanese 
Exports to India
Comment 5: Financial Ratios: HMT's Financial Records and Calculate 
Using a Simple Average
Comment 6: Discontinue Excluding Negative Dumping Margins
Comment 7: Amelioration of the Anomalous Situation Arising from the

[[Page 70490]]

Petitioner Owning 100% of Yantai Timken
Comment 8: Yantai Timken Reported Steel Values Clerical Error
Comment 9: Yantai Timken Packing Values Clerical Error
Comment 10: Yantai Timken Part-Specific Costs
[FR Doc. 03-31223 Filed 12-17-03; 8:45 am]
BILLING CODE 3510-DS-S