[Federal Register Volume 69, Number 133 (Tuesday, July 13, 2004)]
[Notices]
[Pages 42041-42042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15836]


-----------------------------------------------------------------------

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 2002-
2003 Administrative Review and Partial Rescission of Review

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

ACTION: Notice of final results of 2002-2003 administrative review and 
partial rescission of the review.

-----------------------------------------------------------------------

SUMMARY: We have determined that sales of tapered roller bearings and 
parts thereof, finished and unfinished, from the People's Republic of 
China, were not made below normal value during the period June 1, 2002, 
through May 31, 2003. We are also rescinding the review, in part, in 
accordance with 19 CFR 351.213(d)(3).
    Based on our review of comments received and a reexamination of 
surrogate value data, we have made certain changes to the margin 
calculation of the reviewed company. Consequently, the final results 
differ from the preliminary results. The final weighted-average dumping 
margin for this firm is listed below in the section entitled ``Final 
Results of the Review.'' Based on these final results of review, we 
will instruct U.S. Customs and Border Protection not to assess 
antidumping duties on the subject merchandise exported by this company.

EFFECTIVE DATE: July 13, 2004.

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.

Background

    On March 5, 2004, 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 
2002-2003 Administrative Review and Partial Rescission of Review, 69 FR 
10424 (March 5, 2004) (``Preliminary Results''). The period of review 
(``POR'') is June 1, 2002, through May 31, 2003. This review covers the 
following producers or exporters (referred to collectively as ``the 
respondents''): Peer Bearing Company--Changshan (``CPZ''), Shanghai 
United Bearing Co., Ltd. (``SUB''), and Yantai Timken Co., Ltd. 
(``Yantai Timken''). We invited parties to comment on the Preliminary 
Results. On April 12, 2004, we received a case brief from the Timken 
Company (``the petitioner''). On April 19, 2004, SUB submitted a 
rebuttal brief.
    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 order 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 August 20, 2003, Yantai 
Timken, and on January 21, 2004, CPZ, withdrew their requests for 
review. The petitioner did not request reviews of either of these 
companies. Therefore, pursuant to 19 CFR Sec.  351.213(d)(1), for the 
reasons explained in the Preliminary Results, and because no other 
party requested a review of these companies, we are rescinding the 
review with respect to CPZ and Yantai Timken.

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, Group I, Import 
Administration, to James J. Jochum, Assistant Secretary, Import 
Administration, dated July 6, 2004 (``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 one change to our calculations for 
the final results. To calculate the surrogate value for the steel used 
to manufacture rollers, we used Japanese exports to Indonesia instead 
of the Indonesian import data relied on in the Preliminary Results. See 
Decision Memorandum at Comment 2.

Final Results of Review

    We determine that the following dumping margin exists for the 
period June 1, 2002, through May 31, 2003:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/manufacturer                        margin
                                                              percentage
------------------------------------------------------------------------
Shanghai United Bearing Co., Ltd...........................         0.00
------------------------------------------------------------------------

Assessment Rates

    In accordance with 19 CFR 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

[[Page 42042]]

requirement set forth in 19 CFR 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 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 company will be 
the rate 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 60.95 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 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: July 6, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix--List of Comments and Issues in the Decision Memorandum

    Comment 1: Source of Data Used to Benchmark the Cup and Cone 
Surrogate Data
    Comment 2: Use of Japanese Exports to Value the Roller Steel 
Input
    Comment 3: Use of an Indian Inflator to Adjust the Indian Price 
of Electricity
    Comment 4: U.S. Customs Duties and U.S. Inland Freight Possibly 
Incurred by Shanghai United Bearing Co., Ltd.
    Comment 5: Shanghai United Bearing Co., Ltd.'s U.S. Sales.

[FR Doc. 04-15836 Filed 7-12-04; 8:45 am]
BILLING CODE 3510-DS-P