[Federal Register Volume 72, Number 192 (Thursday, October 4, 2007)]
[Notices]
[Pages 56724-56726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19659]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-601]


Tapered Roller Bearings and Parts Thereof, Finished or 
Unfinished, from the People's Republic of China: Final Results of 2005-
2006 Administrative Review and Partial Rescission of Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') published its 
preliminary 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 (``PRC'') on 
March 26, 2007. The period of review (``POR'') is June 1, 2005, through 
May 31, 2006. We invited interested parties to comment on our 
preliminary results. Based on our analysis of the comments received, we 
have made changes to our preliminary results. Therefore, the final 
results differ from the preliminary results. The final dumping margins 
for this review are listed in the ``Final Results of Review'' section 
below.

EFFECTIVE DATE: October 4, 2007.

FOR FURTHER INFORMATION CONTACT: Paul Stolz, AD/CVD Operations, Office 
8, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone (202) 482-4474.

SUPPLEMENTARY INFORMATION:

Background

    On March 26, 2007, the Department published its preliminary 
results. See Tapered Roller Bearings and Parts Thereof, Finished or 
Unfinished, from the People's Republic of China: Preliminary Results of 
Antidumping Duty Administrative Review and Notice of Rescission in Part 
and Intent to Rescind in Part, 72 FR 14078 (March 26, 2007) 
(``Preliminary Results''). On March 30, 2007, the Timken Company (i.e., 
Petitioner) submitted a case brief. On April 25, 2007, Peer Bearing 
Company-Changshan (``CPZ'') submitted a case brief. On April 30, 2007, 
Petitioner and CPZ each submitted a rebuttal brief.\1\ Yantai Timken 
Company Limited (``Yantai''), Chin Jun Industrial Ltd. (``Chin Jun''), 
and Hebei Longsheng Metals & Minerals Trade Co., Ltd. (``Hebei'') did 
not submit case briefs or rebuttal briefs. In the Preliminary Results 
we preliminarily rescinded the review with respect to Chin Jun and 
Hebei. No interested party requested a hearing.
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    \1\ Yantai withdrew its request for review within the applicable 
deadline on September 6, 2006, stating that it did not intend to 
participate further in the review. However, Koyo Corporation of 
U.S.A., a U.S. producer of TRBs, also requested a review of Yantai. 
Therefore, the Department did not rescind the review of Yantai.
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    We have conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (``the Act''), and 19 
CFR 351.213.

Scope of Order

    Merchandise covered by the 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, 8482.99.15, 8482.99.45 \2\, 
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 is dispositive.
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    \2\ In the preceding POR, Petitioner argued that in 1995 HTSUS 
subheading 8482.99.30, included in the scope description, was split 
and replaced by HTSUS 8482.99.15 for cups and other rings (cones), 
and HTSUS 8482.99.45 for other TRBs parts. The Department agreed and 
stated that `` . . . for the final results, the Department will use 
HTSUS 8482.99.15 for cups and other rings (cones) and HTSUS 
8482.99.45 for other parts of TRBs. See Tapered Roller Bearings and 
Parts Thereof, Finished and Unfinished, from the People's Republic 
of China: Final Results of 2004-2005 Administrative Review and 
Partial Rescission of Review, 71 FR 75936 (December 19, 2006), and 
accompanying Issues and Decision Memorandum at Comment 1. The 
Department inadvertently failed to reflect this change in the 
Preliminary Results and in these final results is replacing HTSUS 
8482.99.30 with HTSUS 8482.99.15 and HTSUS 8482.99.45 in the scope 
description. See the concurrent Issues and Decision Memorandum at 
Comment 1 for further discussion.
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Rescission of Review

    In our Preliminary Results, we stated we preliminarily rescinded 
the review with respect to Chin Jun in accordance with 19 CFR 
351.213(d)(3) and with respect to Heibei in accordance with 19 CFR 
351.213(d)(1). Chin Jun reported that it had no sales or exports of 
subject merchandise to the United States during the POR. Hebei withdrew 
its request for review within the applicable deadline. No other party 
requested a review of Hebei. See Preliminary Results, 72 FR at 14078. 
We reviewed customs import data and found no evidence that Chin Jun had 
any shipments of subject merchandise during the POR. In addition, on 
February 28, 2007, we made a ``No Shipments Inquiry'' to U.S. Customs 
and Border Protection (``CBP'') stating that records at the Department 
did not evidence exports of subject merchandise by Chin Jun during the 
POR. We asked CBP to notify us within ten days if CBP ``has contrary 
information and is suspending liquidation'' of subject merchandise 
exported by Chin Jun. CBP did not reply with contrary information.
    Therefore, we are rescinding the administrative review with respect 
to Chin Jun and Hebei.

Analysis of Comments Received

    All issues raised in the post-preliminary comments by parties in 
this review are addressed in the memorandum from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration, ``Issues and 
Decision Memorandum for the Final Results of the 19th Administrative 
Review of the Antidumping Duty Order on Tapered Roller Bearings and 
Parts Thereof, Finished and Unfinished, from the People's Republic of 
China,'' dated September 24, 2007 (``Issues and Decision Memorandum''), 
which is hereby adopted by this notice. A list of the issues which 
parties raised and to which we responded in the Issues and Decision 
Memorandum is attached to this notice as an appendix. The Issues and 
Decision Memorandum is a public

[[Page 56725]]

document which is on file in the Central Records Unit in room B-099 in 
the main Department building, and is accessible on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
memorandum are identical in content.

Application of Total Adverse Facts Available

    CPZ and Yantai did not submit responses to the Department's 
questionnaires issued in this segment of the proceeding. In the 
Preliminary Results, the Department stated that because CPZ and Yantai 
failed to submit questionnaire responses, they had not demonstrated 
their entitlement to a separate rate and were therefore subject to the 
PRC-wide rate. See Preliminary Results, 72 FR 14079. Furthermore, we 
found in the Preliminary Results that because the PRC-wide entity 
failed to respond to the Department's questionnaires, withheld or 
failed to provide information in a timely manner or in the form or 
manner requested by the Department, or otherwise impeded the 
proceeding, it was appropriate to apply a dumping margin for the PRC-
wide entity using facts otherwise available on the record and that an 
adverse inference was appropriate. See Preliminary Results 72 FR at 
14079. We continue to find that the application of the country-wide 
rate of 60.95 percent, as total adverse facts available (``AFA''), is 
appropriate. See the Issues and Decision Memorandum at Comment 3 for 
further discussion.

Corroboration of Secondary Information

    Section 776(c) of the Act requries that the Department corroborate, 
to the extent practicable, a figure which it applies as facts 
available. The Department corroborated the AFA country-wide rate of 
60.95 percent in the Preliminary Results. The Department found that 
this rate has probative value because it is reliable and relevant. In 
the Preliminary Results, we found the 60.95 percent rate to be reliable 
because it was calculated for a respondent company in the final results 
of redetermination on remand from the Court of International Trade, for 
the seventh administrative review of TRBs (covering the period June 1, 
1993, to May 31, 1994). See Preliminary Results, 72 FR at14080 (citing 
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished From 
the People's Republic of China; Amended Final Results of Antidumping 
Duty Administrative Review, 67 FR 79902 (December 31, 2002), and 
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, 
from the People's Republic of China; Amended Final Results of 
Antidumping Duty Administrative Review, 69 FR 10423 (March 5, 2004)). 
In the Preliminary Results, the Department determined the 60.95 percent 
rate was relevant because no record evidence called it into question. 
See Preliminary Results, 72 FR at 46963. Further, in our recently 
completed final results for the 2003-2004 review of TRB's, we 
corroborated and applied the 60.95 percent rate to the PRC-wide entity 
as AFA. See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, from the People's Republic of China: Preliminary Results of 
Antidumping Duty Administrative Review and Notice of Intent to Rescind 
in Part, 70 FR 39744 (July 11, 2005); Tapered Roller Bearings and Parts 
Thereof, Finished and Unfinished, from the People's Republic of China: 
Final Results of 2003-2004 Administrative Review and Partial Rescission 
of Review, 71 FR 2517 (January 17, 2006); and Tapered Roller Bearings 
and Parts Thereof, Finished and Unfinished from the People's Republic 
of China: Amended Final Results of Administrative Review, 71 FR 9521 
(February 24, 2006). For the final results, we continue to find that 
the 60.95 percent rate is reliable and relevant and therefore 
corroborated. See the Issues and Decision Memorandum at Comment 3 for 
further discussion.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we revised the scope 
description to account for updated HTSUS numbers. See the Issues and 
Decisoin Memorandum at Comment 1 for further discussion.

Final Results of Review

    We determine that the following dumping margin exists for the 
period June 1, 2005, through May 31, 2006:

                            TRBs from the PRC
------------------------------------------------------------------------
                                                       Weighted-Average
                      Exporter                         Margin (Percent)
------------------------------------------------------------------------
PRC-Wide Entity.....................................               60.95
------------------------------------------------------------------------

Assessment Rates

    The Department intends to issue assessment instructions to CBP 15 
days after the date of publication of these final results of 
administrative review.

Cash Deposit Requirements

    The following cash deposit rates will be effective upon publication 
of the final results of this administrative review 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)(2)(C) of the Act: (1) the cash deposit rate for 
previously investigated or reviewed PRC and non-PRC exporters who 
received a separate rate in a prior segment of the proceeding (which 
were not reviewed in this segment of the proceeding) will continue to 
be the rate assigned in that segment of the proceeding; (2) the cash 
deposit rate for all PRC exporters of subject merchandise that have not 
been found to be entitled to a separate rate, the cash deposit rate 
will be the PRC-wide rate of 60.95 percent; and (3) the cash deposit 
rate for all non-PRC exporters of subject merchandise which have not 
received their own rate, will be the rate applicable to the PRC 
exporters that supplied that non-PRC exporter. These requirements shall 
remain in effect until further notice.

Notification of Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') 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 777(i)(1) of the Act.


[[Page 56726]]


    Dated: September 24, 2007.
Joseph A. Spetrini,
Deputy Assistant Secretary for Import Administration.

APPENDIX

List of Comments and Issues in the Decision Memorandum
Comment 1: Outdated TRBs Tariff Classification
Comment 2: CPZ's Separate Rate Status
Comment 3: The Country-wide Rate
[FR Doc. E7-19659 Filed 10-3-07; 8:45 am]
BILLING CODE 3510-DS-S