[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Notices]
[Pages 34985-34986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13870]


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

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, in Part, of 
Antidumping Duty Administrative Review

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

DATES: Effective Date: June 11, 2013.

FOR FURTHER INFORMATION CONTACT: Blaine Wiltse, AD/CVD Operations, 
Office 2, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-6345.

Background

    On June 1, 2012, the Department of Commerce (the Department) 
published a notice of opportunity to request an 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) covering the period June 1, 2011, through May 31, 2012.\1\ 
The Department received a timely request for an antidumping duty 
administrative review from the petitioner, The Timken Company, for the 
following companies: (1) Changshan Peer Bearing Company (CPZ/SKF); (2) 
Ningbo General Bearing Co., Ltd. (NGBC); and (3) Shanghai General 
Bearing--Ningbo Plant (SGBN). The Department also received timely 
requests for an antidumping duty administrative review from the 
following interested parties as defined by section 771(9)(A) of the 
Tariff Act of 1930, as amended (the Act): (1) CPZ/SKF; (2) Dana Heavy 
Axle S.A. de C.V. (Dana Heavy Axle); (3) Xinchang Kaiyuan Automotive 
Bearing Co., Ltd. (Kaiyuan); (4) Zhejiang Sihe Machine Co., Ltd. 
(Sihe); and (5) Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd. 
(Zhaofeng). Finally, the Department also received a timely request for 
an antidumping duty administrative review from the interested party, as 
defined by section 771(9)(A) of the Act, as amended, Dana Off Highway 
Products, LLC, for the company Timken de Mexico S.A. de C.V. (Timken 
Mexico). On July 31, 2012, the Department published a notice of 
initiation \2\ of administrative review with respect to these eight 
companies.\3\
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 77 FR 32528 (June 1, 2012).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 77 FR 
45338, 45340 (July 31, 2012) (Initiation Notice).
    \3\ The Department conducts reviews of producers/exporters, not 
factories of producers/exporters in isolation. See 19 CFR 
351.213(b)(1). Therefore, we initiated a review on Shanghai General 
Bearing (SGB), the entity which we believed to be SGBN's parent 
company. See Initiation Notice, 77 FR at 45340.
---------------------------------------------------------------------------

    In September 2012, we received comments \4\ from Shanghai General 
Bearing Co., Ltd. (SGBC), a PRC producer/exporter revoked from the 
antidumping duty order on TRBs,\5\ requesting that the Department 
rescind the review with respect to SGB because it was simply a division 
of SGBC (and thus entitled to SGBC's revocation). In this same month, 
the petitioner requested that the Department conduct a successor-in-
interest analysis to determine if SGBN is in fact entitled to SGBC's 
revocation because the petitioner claimed that there existed questions 
regarding when and how SGBN came into existence.
---------------------------------------------------------------------------

    \4\ For a full discussion of parties' comments on the question 
of SGBN, see the ``Decision Memorandum for the Rescission, in Part, 
of Antidumping Duty Administrative Review of Tapered Roller Bearings 
and Parts Thereof, Finished and Unfinished from the People's 
Republic of China,'' (SGBC Final Rescission Memo) from The Team, to 
Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, dated concurrently with this notice.
    \5\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China; Final Results of 
Antidumping Duty Administrative Review and Revocation in Part of 
Antidumping Duty Order, 62 FR 6189, 6214 (Feb. 11, 1997) (SGBC 
Revocation FR).
---------------------------------------------------------------------------

    In October 2012, we received arguments from SGBC and the petitioner 
as to the appropriate disposition of the review for SGB and SGBN. Also 
in October 2012, Kaiyuan withdrew its request for an administrative 
review.
    On March 25, 2013, we notified parties of our intent to rescind the 
review for SGB/SGBN and provided parties an opportunity to comment on 
this preliminary rescission.\6\ In April 2013, we received comments 
from the petitioner and SGBC.
---------------------------------------------------------------------------

    \6\ See the memorandum to James Maeder, Director, Office 2, AD/
CVD Operations, from Blaine Wiltse, Senior Analyst, Office 2, AD/CVD 
Operations, entitled, ``2011-2012 Administrative Review of Tapered 
Roller Bearings and Parts Thereof, Finished and Unfinished from the 
People's Republic of China: Intent to Rescind Administrative 
Review,'' dated March 25, 2013, at 3.
---------------------------------------------------------------------------

Rescission, In Part

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if a party that requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review. Kaiyuan's 
request was submitted within the 90-day period and, thus, is timely. 
Because Kaiyuan previously established its entitlement to a separate 
rate that was in effect at the initiation of this administrative 
review, Kaiyuan's withdrawal of request for an antidumping duty 
administrative review was timely, and no other party requested a review 
of this company, we are rescinding this administrative review with 
respect to Kaiyuan.
    Regarding SGB, in 1997, the Department revoked the antidumping duty 
order on TRBs from the PRC with respect to merchandise produced and 
exported by SGBC. See SGBC Revocation FR. After receiving and analyzing 
extensive comments from the

[[Page 34986]]

petitioner and SGBC, we find that SGBN is merely a factory established 
and owned by SGBC and, accordingly, there is no basis to conduct a 
review for SGBN.\7\ Therefore, the Department is also rescinding this 
administrative review with respect to SGB.
---------------------------------------------------------------------------

    \7\ See SGBC Final Rescission Memo, at 4.
---------------------------------------------------------------------------

    We are not rescinding the review for CPZ/SKF, Dana Heavy Axle, 
NGBC, Sihe, Timken Mexico, or Zhaofeng.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries. For the 
companies for which this review is rescinded, antidumping duties shall 
be assessed at rates equal to the cash deposit of estimated antidumping 
duties required at the time of entry, or withdrawal from warehouse, for 
consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department 
intends to issue appropriate assessment instructions to CBP 15 days 
after publication of this notice.

Notification to Importers

    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 doubled antidumping duties. See 19 CFR 351.402(f)(3).

Notification Regarding 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 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.
    This notice is issued and published in accordance with section 
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

    Dated: June 5, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2013-13870 Filed 6-10-13; 8:45 am]
BILLING CODE 3510-DS-P