[Federal Register Volume 78, Number 11 (Wednesday, January 16, 2013)]
[Notices]
[Pages 3396-3398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00835]


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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 
Antidumping Duty Administrative Review; 2010-2011

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

SUMMARY: On July 10, 2012, the Department of Commerce (``Department'') 
published the preliminary results of, and intent to rescind in part, 
the 2010-2011 administrative review of the antidumping duty order on 
tapered roller bearings (``TRBs'') from the People's Republic of China 
(``PRC'').\1\ Further, the Department released the results of its post-
preliminary analysis on December 7, 2012.\2\ The period of review 
(``POR'') is June 1, 2010, through May 31, 2011.
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    \1\ See Tapered Roller Bearings and Parts Thereof, Finished or 
Unfinished, From the People's Republic of China: Preliminary Results 
of the 2010-2011 Antidumping Duty Administrative Review, Rescission 
In Part, and Intent To Rescind in Part, 77 FR 40579 (July 10, 2012) 
(``Preliminary Results'').
    \2\ See Memorandum from Abdelali Elouaradia, Office Director, to 
Paul Piquado, Assistant Secretary for Import Administration, 
``Administrative Review of Tapered Roller Bearings and Parts 
Thereof, Finished or Unfinished from the People's Republic of China: 
Post-Preliminary Targeted Dumping Analysis Memorandum,'' dated 
December 7, 2012.
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    This review covers five respondents: (1) Changshan Peer Bearing 
Company, Ltd. (``CPZ/SKF''); (2) Xiang Yang Automobile Bearing Co., 
Ltd. (``ZXY''); (3) Tianshui Hailin Import and Export Corporation 
(``Tianshui Hailin''); (4) Haining Automann Parts Co., Ltd. (``Haining 
Automann''); and (5) Zhejiang Zhaofeng Mechanical and Electronic Co., 
Ltd. (``Zhejiang Zhaofeng'').
    We invited interested parties to comment on our Preliminary Results 
and post-preliminary analysis. Based on our analysis of the comments 
received, we made certain changes to our margin calculations for CPZ/
SKF. The final weighted-average dumping margins for this review are 
listed in the ``Final Results of Review'' section below.

DATES: Effective Date: January 16, 2013.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Erin Kearney, AD/
CVD Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0182 or (202) 482-0167, respectively.

Background

    On July 10, 2012, the Department published its Preliminary Results 
in the antidumping duty administrative review of TRBs from the PRC. The 
Timken Company (``Petitioner'') submitted post-preliminary surrogate 
value data on July 30, 2012. Petitioner and CPZ/SKF each submitted case 
briefs on August 9, 2012, and rebuttal briefs on August 14, 2012. On 
October 17, 2012, the Department extended the deadline for the final 
results by 60 days, until January 6, 2013. On October 31, 2012, as 
explained in the memorandum from the Assistant Secretary for Import 
Administration, the Department exercised its discretion to toll 
deadlines for the duration of the closure of the Federal Government 
from October 29, through October 30, 2012, which extended the deadline 
for the final results by two additional days, until January 8, 2013.\3\ 
On December 7, 2012, the Department released its post-preliminary 
analysis, and Petitioner and CPZ/SKF submitted post-preliminary 
comments on December 14, 2012, and post-preliminary rebuttal comments 
on December 18, 2012.
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    \3\ See Memorandum to the Record from Paul Piquado, AS for 
Import Administration, regarding ``Tolling of Administrative 
Deadlines As a Result of the Government Closure During the Recent 
Hurricane,'' dated October 31, 2012.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs as well as the 
post-preliminary comments and rebuttal comments filed by parties in 
this review are addressed in the Memorandum from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Import 
Administration, ``Issues and Decision Memorandum for the Final Results 
of the Antidumping Duty Administrative Review of Tapered Roller 
Bearings and Parts Thereof, Finished and Unfinished from the People's 
Republic of China,'' dated concurrently with this notice (``Issues and 
Decision Memorandum''), which is hereby adopted by this notice. A list 
of the issues that parties raised and to which we responded in the 
Issues and Decision Memorandum follows as an appendix to this notice. 
Parties can find a complete discussion of all issues raised in this 
review and the corresponding recommendations in the public memorandum, 
which is on file electronically via Import Administration's Antidumping 
and Countervailing Duty Centralized Electronic Services System (``IA 
ACCESS''). Access to IA ACCESS is available to registered users at 
http://iaaccess.trade.gov, and is available to all parties in the 
Central Records Unit room 7046 of the main Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the Web at http://ia.ita.doc.gov/frn. The 
signed Issues and Decision Memorandum and the electronic version of the 
Issues and Decision Memorandum are identical in content.

Period of Review

    The POR is June 1, 2010, through May 31, 2011.

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 \4\ and 8708.99.80.80.\5\ 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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    \4\ 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.
    \5\ Effective January 1, 2007, the HTSUS subheading 8708.99.8080 
is renumbered as 8708.99.8180; see id.
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PRC-Wide Entity

    The Department initiated a review of Haining Automann and Zhejiang 
Zhaofeng but neither company provided a separate rate application. 
Because these companies do not already have separate rates, they remain 
part of the PRC-wide entity in this review. Accordingly, the PRC-wide 
entity is under review for these final results.
    In NME proceedings, `rates' may consist of a single dumping margin

[[Page 3397]]

applicable to all exporters and producers.'' \6\ Therefore, we assigned 
the PRC-wide entity a rate of 92.84 percent, the rate most recently 
assigned to the PRC-wide entity in this proceeding.\7\ We have received 
no information since issuance of the Preliminary Results that provides 
a basis for reconsidering this determination, and will, therefore, 
continue to apply the rate of 92.84 percent to the PRC-wide entity, 
including Haining Automann and Zhejiang Zhaofeng.
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    \6\ See 19 CFR 351.107(d).
    \7\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review, 74 FR 3987, 3988 (January 
22, 2009). We note that this determination is currently in 
litigation at the Court of International Trade; however, a final 
decision from the court has not been issued.
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    Furthermore, in the Preliminary Results, we stated that, because 
all review requests for Tianshui Hailin were timely withdrawn, we 
intended to rescind this review with respect to Tianshui Hailin in the 
final results if the PRC-wide entity is not reviewed because Tianshui 
Hailin did not have a separate rate prior to the review. However, 
because Haining Automann and Zhejiang Zhaofeng remain part of the PRC-
wide entity, the PRC-wide entity is under review. Therefore, we have 
not rescinded the review with respect to Tianshui Hailin, and it will 
remain under review as part of the PRC-wide entity.

Changes Since the Preliminary Results

    Based on an analysis of the comments received, the Department has 
made certain changes to the margin calculation for CPZ/SKF. For the 
final results, the Department has made the following changes:
     We valued factory overhead, selling, general, and 
administrative expenses, and profit using the financial statements of 
NSK Bearing Manufacturing (Thailand) Co., Ltd. and JTEKT (Thailand) 
Co., Ltd.
     We valued CPZ/SKF's roller steel using Harmonized Tariff 
Schedule (``HTS'') category 7228.50.10 (``Other bars and rods, not 
further worked than cold-forming or cold-finished: of circular cross-
section''), rather than HTS category 7227.90 (``Bars and rods of alloy 
steel (other than stainless), hot-rolled, in irregularly wound coils, 
NESOI'').
     We corrected the margin calculation to apply the weight-
averaged percentages for CPZ/SKF's market economy and non-market 
economy purchases of steel bar to the cost of transporting the steel 
bar.
     The PRC-wide entity is under review.
     We are not rescinding this review, in part, for Tianshui 
Hailin.

Separate Rates

    In the Preliminary Results, we found that ZXY, a separate-rate 
respondent, demonstrated its eligibility for a separate rate.\8\ For 
the final results, we continue to find that the evidence placed on the 
record of this review by ZXY demonstrates an absence of both de jure 
and de facto government control with respect to its exports of the 
merchandise under review, and, thus continue to find that it is 
eligible for a separate rate.\9\ As stated in the Preliminary Results, 
CPZ/SKF reported that it is wholly foreign-owned, and, therefore, 
consistent with the Department's practice, a further separate rate 
analysis was not necessary to determine whether CPZ/SKF's export 
activities were independent from government control, and we 
preliminarily granted a separate rate to CPZ/SKF.\10\ For the final 
results, we continue to find that CPZ/SKF is eligible for a separate 
rate.
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    \8\ See Preliminary Results, 77 FR at 40581-82.
    \9\ See id.
    \10\ See, e.g., Notice of Final Determination of Sales at Less 
Than Fair Value: Creatine Monohydrate from the People's Republic of 
China, 64 FR 71104, 71104-05 (December 20, 1999) (where the 
respondent was wholly foreign-owned and, thus, qualified for a 
separate rate).
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Margin for the Separate-Rate Companies

    As discussed above, the Department continues to find that ZXY has 
demonstrated its eligibility for a separate rate. For the exporters 
subject to a review that are determined to be eligible for a separate 
rate, but are not selected as individually examined respondents, the 
Department generally weight-averages the rates calculated for the 
individually examined respondents, excluding any rates that are zero, 
de minimis, or based entirely on facts available.\11\ Consistent with 
the Department's practice, as the separate rate, we have established a 
weighted-average dumping margin for ZXY based on the rate calculated 
for the individually examined respondent, CPZ/SKF.
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    \11\ See, e.g., Wooden Bedroom Furniture From the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review, Preliminary Results of New Shipper Review and 
Partial Rescission of Administrative Review, 73 FR 8273, 8279 
(February 13, 2008) (unchanged in Wooden Bedroom Furniture from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review and New Shipper Review, 73 FR 49162 (August 
20, 2008)).
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Final Results of Review

    We determine that the following weighted-average dumping margins 
exist for the period June 1, 2010, through May 31, 2011:

                            TRBs From the PRC
------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Changshan Peer Bearing Co., Ltd............................        15.28
Xiang Yang Automobile Bearing Co., Ltd.....................        15.28
PRC-wide entity*...........................................        92.84
------------------------------------------------------------------------
* The PRC-wide entity includes Haining Automann, Zhejiang Zhaofeng, and
  Tianshui Hailin.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (``the Act'') and 19 CFR 351.212(b), the Department will 
determine, and U.S. Customs and Border Protection (``CBP'') shall 
assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review. The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.
    For any individually examined respondents whose weighted-average 
dumping margin is above de minimis, we calculated importer-specific 
assessment rates for merchandise subject to this review.\12\ For 
Changshan Peer Bearing Co., Ltd., we calculated an ad valorem rate for 
each importer by dividing the total amount of dumping calculated for 
the importer's examined sales by the total entered values associated 
with those sales. For duty-assessment rates calculated on this basis, 
we will direct CBP to assess the resulting ad valorem rate against the 
entered customs values for the subject merchandise. We will instruct 
CBP to assess antidumping duties on all appropriate entries covered by 
this review where an importer-specific assessment rate is above de 
minimis (i.e., 0.50 percent). Where either the respondent's weighted-
average dumping margin is zero or de minimis,\13\ or an

[[Page 3398]]

importer-specific assessment rate is zero or de minimis,\14\ we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
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    \12\ In these final results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012) (``Final Modification 
for Reviews'').
    \13\ See Final Modification for Reviews.
    \14\ See 19 CFR 351.106(c)(2).
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    We will instruct CBP to liquidate entries of subject merchandise 
exported by the PRC-wide entity at the ad valorem rate of 92.84 percent 
of entered value.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For CPZ/SKF and ZXY, 
the cash deposit rate will be their respective rates established in the 
final results of this review, except if the rate is zero or de minimis, 
then no cash deposit will be required; (2) for previously investigated 
or reviewed PRC and non-PRC exporters not listed above that have 
separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recent period; (3) for all PRC 
exporters of subject merchandise which have not been found to be 
entitled to a separate rate, the cash deposit rate will be the rate for 
the PRC-wide entity of 92.84 percent; and (4) for all non-PRC exporters 
of subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporters that 
supplied that non-PRC exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    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.

Notification to Interested Parties

    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 the APO in accordance with 19 CFR 351.305(a)(3), 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.

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).
    We are issuing and publishing the final results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: January 8, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

Comment 1: Targeted Dumping
Comment 2: Financial Ratios
Comment 3: Surrogate Value for Labor
Comment 4: Surrogate Value and Labor Hours for Roller Steel
Comment 5: Valuation of Steel for CPZ/PBCD-Produced Merchandise
Comment 6: Steel Bar Transportation

[FR Doc. 2013-00835 Filed 1-15-13; 8:45 am]
BILLING CODE P