[Federal Register Volume 76, Number 139 (Wednesday, July 20, 2011)]
[Notices]
[Pages 43262-43263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18293]


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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: Rescission of 
Antidumping Duty New Shipper Review

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

SUMMARY: On June 17, 2011, the Department of Commerce (``Department'') 
issued its preliminary intent to rescind the new shipper review 
(``NSR'') of Xiang Yang Automobile Bearing Co., Ltd. (``ZXY'').\1\ We 
gave interested parties an opportunity to comment on the Intent to 
Rescind Memorandum. We did not receive any comments from the interested 
parties. We are rescinding this NSR because we have found that ZXY 
exported subject merchandise to the United States more than one year 
prior to its request for an NSR.
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    \1\ See Memorandum to the File, from Wendy J. Frankel, Office 
Director, through Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, Intent to Rescind 
the New Shipper Review of Xiang Yang Automobile Bearing Co., Ltd. 
(``ZXY''), dated June 17, 2011 (``Intent to Rescind Memorandum'').

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DATES: Effective Date: July 20, 2011.

FOR FURTHER INFORMATION CONTACT: Andrew Medley, 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) 482-4987.

SUPPLEMENTARY INFORMATION:

Case History

    On January 14, 2011, the Department received a timely request from 
ZXY for an NSR of the antidumping duty order on tapered roller bearings 
and parts thereof, finished and unfinished, from the People's Republic 
of China (``PRC''). On February 4, 2011, the Department published the 
initiation of the NSR with a June 1, 2010, through November 30, 2010 
period of review (``POR'').\2\
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    \2\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished From the People's Republic of China: Initiation of 
Antidumping Duty New Shipper Review, 76 FR 6397 (February 4, 2011).
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    On June 17, 2011, the Department issued a memorandum announcing its 
intent to rescind this NSR for ZXY because ZXY shipped subject 
merchandise to the United States more than one year prior to its 
request for an NSR. See Intent to Rescind Memorandum. The Department 
did not receive any comments in response to the Intent to Rescind 
Memorandum.

Scope of the Order

    Imports covered by the order are shipments of tapered roller 
bearings and parts thereof, finished and unfinished, 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. These products are currently classifiable under 
Harmonized Tariff Schedule of the United States (``HTSUS'') item 
numbers 8482.20.00, 8482.91.00.50, 8482.99.15, 8482.99.45, 8483.20.40, 
8483.20.80, 8483.30.80, 8483.90.20, 8483.90.30, 8483.90.80, 
8708.99.80.15 \3\ and 8708.99.80.80.\4\ 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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    \3\ Effective January 1, 2007, the HTSUS subheading 8708.99.8015 
is renumbered as 8708.99.8115. See United States International Trade 
Commission (``USITC'') publication entitled, ``Modifications to the 
Harmonized Tariff Schedule of the United States Under Section 1206 
of the Omnibus Trade and Competitiveness Act of 1988,'' USITC 
Publication 3898 (December 2006) found at http://www.usitc.gov.
    \4\ Effective January 1, 2007, the HTSUS subheading 8708.99.8080 
is renumbered as 8708.99.8180; see id.
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Rescission of Review

    As stated in the Intent to Rescind Memorandum, the Department has 
determined that ZXY is not a new shipper, because ZXY shipped subject 
merchandise one year prior to its request for an NSR. Therefore, ZXY is 
not entitled to an NSR for this entry currently under review because 
ZXY did not fulfill the requirements under 19 CFR 351.214(c) that the 
NSR be requested within one year of the date on which subject 
merchandise was first entered, or withdrawn from warehouse, for 
consumption. Accordingly, we are rescinding this NSR. Because the 
Department is rescinding this NSR, we are not determining whether ZXY 
is separate from the PRC-wide entity, and we are not calculating a 
company-specific rate for ZXY.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this rescission of the NSR for all shipments of subject 
merchandise exported by ZXY, entered, or withdrawn from warehouse, for 
consumption on or after the publication date, as provided by section 
751(a)(2)(C) of the Tariff Act of 1930, as amended (``Act''): (1) For 
subject merchandise exported by ZXY (regardless of producer), as part 
of the PRC-wide entity, the cash deposit rate will be 92.84 percent; 
and (2) for subject merchandise manufactured by ZXY, but exported by 
any party other than ZXY, the cash deposit rate will be the rate 
applicable to the exporter. These cash deposit requirements will remain 
in effect until further notice.

Liquidation

    Because the POR of this NSR falls within the POR of the next 
administrative review of TRBs from the PRC (June 1, 2010 through May 
31, 2011), and the initiation of that administrative review has not yet 
occurred, the Department will not order liquidation of entries for the 
PRC-entity (of which ZXY is a part) at this time. Upon completion of 
the June 1, 2010, through May 31, 2011, administrative review, the 
Department will issue assessment instructions to U.S. Customs and 
Border Protection as appropriate.
    This notice serves as a 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 antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance

[[Page 43263]]

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 in accordance with 
section 777(i) of the Act, 19 CFR 351.214(h) and 351.221(b)(5).

    Dated: July 14, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-18293 Filed 7-19-11; 8:45 am]
BILLING CODE 3510-DS-P