[Federal Register Volume 70, Number 70 (Wednesday, April 13, 2005)]
[Notices]
[Pages 19421-19422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1740]


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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: Notice of Amended 
Final Results Pursuant to Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce
SUMMARY: On January 21, 2005, in Luoyang Bearing Factory v. United 
States, Slip Op. 05-3, the Court of International Trade affirmed the 
Department of Commerce's Final Results of Redetermination Pursuant to 
Remand, dated September 30, 2004, and entered a judgment order. This 
litigation related to the Department of Commerce's review of the 
antidumping order on tapered roller bearings and parts thereof, 
finished and unfinished, from the People's Republic of China, covering 
the period June 1, 1998, through May 31, 1999. As no further appeals 
have been filed and there is now a final and conclusive court decision 
in this action, we are amending the final results of review in this 
proceeding and we will instruct U.S. Customs and Border Protection to 
liquidate entries subject to this review.

EFFECTIVE DATE: April 13, 2005.

FOR FURTHER INFORMATION CONTACT: Andrew Smith AD/CVD Operations, Office 
1, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-1276.

SUPPLEMENTARY INFORMATION:

Background

    Following publication of the TRBs XII Final Results\1\, the Timken 
Company, the petitioner in this case, and the respondents, Luoyang 
Bearing Corporation (``Luoyang Bearing''), Zhejiang Machinery Import 
and Export Corporation (``ZMC''), China National Machinery I/E 
Corporation (``CMC''), and Wafangdian Bearing Factory (``Wafangdian'') 
(``respondents''), filed a lawsuit with the Court of International 
Trade (``CIT'') challenging the Department of Commerce's 
(``Department'') findings in the TRBs XII Final Results. In Luoyang 
Bearing Corp. (Group), Zhejiang Machinery Import & Export Corp., China 
National Machinery Import & Export Corporation, and Wafangdian Bearing 
Company, Ltd. v. United States, Slip Op. 04-53 (CIT 2004) (``Luoyang 
Bearing''), the CIT instructed the Department to (1) further explain 
why the surrogate values it chose for wooden cases and the steel used 
to produce tapered roller bearings for Wafangdian constitute the ``best 
available information,'' and address the aberrational data referenced 
by the respondents; and (2) conduct the ``separate rates'' analysis 
with respect to Premier Bearing & Equipment Limited (``Premier'') and 
apply the People's Republic of China (``PRC'')-wide rate to all of 
Premier's United States sales if it was determined that Premier is not 
independent of government control.
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    \1\ See 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, and 
Determination Not to Revoke Order in Part, 66 FR 1953 (January 10, 
2001) and 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) (collectively, 
``TRBs XII Final Results'').
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    The Department complied with the CIT's remand instructions and 
issued its final results of redetermination pursuant to remand on 
September 30, 2004. See Final Results of Redetermination Pursuant to 
Remand (``Remand Results''). In its Remand Results, the Department 
revised the surrogate value used to value steel inputs used in the 
production of rollers by excluding aberrational data as well as data 
that the Department had reason to believe or suspect were distorted. 
The Department also corrected a clerical error in the programming used 
to calculate the margin for ZMC. As a result of the Remand Results, the 
antidumping duty rate for Luoyang was decreased from 4.37 to 3.85 
percent. The antidumping duty rate for ZMC was decreased from 7.37 to 
0.00. The antidumping duty rate for CMC was decreased from 0.82 to 0.78 
percent. The antidumping duty rate for Wafangdian and the PRC-wide rate 
were unchanged from the TRBs XII Final Results.
    On January 21, 2005, the CIT affirmed the Department's findings in 
the Remand Results. Specifically, the CIT upheld the Department's 
explanation of what constitutes the ``best available information'' with 
regard to the surrogate values the Department chose for wooden cases 
and for the steel used to produce rollers; the Department's application 
of the separate rates test; the Department's decision to not revoke the 
antidumping order for ZMC; and, the Department's practice of using 
other producers' factors data to calculate Premier's normal value. See 
Luoyang Bearing Factory v. United States, Slip Op. 05-3 (CIT January 
21, 2005).
    On February 16, 2005, consistent with the decision of the United 
States Court of Appeals for the Federal Circuit (``Federal Circuit'') 
in Timken Co. v. United States, 893 F. 2d 337 (Fed. Cir. 1990) 
(``Timken''), the Department notified the public that the CIT's 
decision in Luoyang Bearing was ``not in harmony'' with the TRBs XII 
Final Results. See Notice of Court Decision and Suspension of 
Liquidation: Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, from the People's Republic of China, 70 FR 7925 (February 
16, 2005) (``Timken Notice''). No party appealed the CIT's decision. 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 U.S. 
Customs and Border Protection (``CBP'') to liquidate entries subject to 
this review.

Amendment to the Final Results

    Pursuant to section 516A(e) of the Tariff Act of 1930, as amended 
(``the Act''), because no further appeals have been filed and there is 
now a final and

[[Page 19422]]

conclusive decision in the court proceeding, we are amending the final 
results of administrative review of the antidumping order on tapered 
roller bearings and parts thereof, finished and unfinished, from the 
PRC for the period June 1, 1998, through May 31, 1999. The revised 
weight-averaged dumping margins are as follows:

------------------------------------------------------------------------
                                                                 Margin
                           Company                             (percent)
------------------------------------------------------------------------
ZHEJIANG MACHINERY IMPORT AND EXPORT CORP....................       0.00
LUOYANG BEARING CORPORATION..................................       3.85
CHINA NATIONAL MACHINERY I/E CORP............................       0.78
PREMIER BEARING AND EQUIPMENT, LTD...........................       7.36
WAFANGDIAN BEARING FACTORY...................................       0.00
------------------------------------------------------------------------

    The Department will issue appraisement instructions directly to the 
CBP. The Department will instruct CBP to liquidate relevant entries 
covering the subject merchandise effective the date of publication of 
this notice.
    This notice is issued and published in accordance with section 
751(a)(1) of the Act.

    Dated: April 7, 2005.
Joesph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-1740 Filed 4-12-05; 8:45 am]
BILLING CODE 3510-DS-S