[Federal Register Volume 77, Number 10 (Tuesday, January 17, 2012)]
[Notices]
[Pages 2271-2274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-730]


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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 the 
2009-2010 Antidumping Duty Administrative Review and Rescission of 
Administrative Review, in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 13, 2011, the Department of Commerce (``Department'') 
published the preliminary results and intent to rescind in part, of the 
2009-2010 administrative review of the antidumping duty order on 
tapered roller bearings (``TRBs'') from the People's Republic of China 
(``PRC''). See Tapered Roller Bearings and Parts Thereof, Finished or 
Unfinished, From the People's Republic of China: Preliminary Results of 
the 2009-2010 Administrative Review of the Antidumping Duty Order and 
Intent To Rescind Administrative Review, in Part, 76 FR 41207 (July 13, 
2011)

[[Page 2272]]

(``Preliminary Results''). The period of review (``POR'') is June 1, 
2009, through May 31, 2010.
    This review covers four respondents: (1) Changshan Peer Bearing 
Company, Ltd. (``CPZ/SKF,'' also referred to as ``SKF''); (2) Tainshui 
Hailin Import and Export Corporation (``Hailin I&E''); \1\ (3) Zhejiang 
Sihe Machine Co., Ltd. (``Sihe''); and (4) Xinchang Kaiyuan Automotive 
Bearing Co., Ltd. (``Kaiyuan'').
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    \1\ Because the Department previously revoked the order with 
respect to TRBs exported by Hailin I&E that had been produced by 
Hailin Bearing Factory (``HB Factory'') this administrative review 
only covers TRBs exported by Hailin I&E that were produced by any 
manufacturer other than HB Factory.
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    We invited interested parties to comment on our Preliminary 
Results. Based on our analysis of the comments received, we made 
certain changes to our margin calculations for CPZ/SKF. The final 
dumping margins for this review are listed in the ``Final Results 
Margins'' section below.

DATES: Effective Date: January 17, 2012.

FOR FURTHER INFORMATION CONTACT: Frances Veith or Demitrios 
Kalogeropoulos, 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) 482-4295 or (202) 482-2623, respectively.

Background

    On July 13, 2011, the Department published its Preliminary Results 
in the antidumping duty administrative review of TRBs from the PRC. On 
July 26, 2011, Hailin I&E submitted its response to the Department's 
post-preliminary supplemental questionnaire regarding successor-in-
interest information. On August 1, 2011, CPZ/SKF submitted its response 
to the Department's post-preliminary supplemental questionnaire 
regarding affiliation and factors of production (``FOPs''). The Timken 
Company (``Petitioner'') submitted post-preliminary surrogate value 
data on August 2, 2011. On August 12, 2011, Petitioner submitted a 
request for a public and closed hearings. Petitioner submitted comments 
regarding Hailin I&E's response to the Department's post-preliminary 
supplemental questionnaire on August 22, 2011.
    On November 9, 2011, Hailin I&E submitted its case brief and on 
November 12, 2011, Petitioner submitted its case brief. On November 16, 
2011, Petitioner, Hailin I&E, SKF, Fremont International Trading Inc., 
d/b/a FIT Bearings (``FIT''), and Northfield Industries LLC 
(``Northfield''), U.S. importers of TRBs from the PRC, each submitted a 
rebuttal brief. On November 22, 2011, Petitioner withdrew its request 
for public and closed hearings.
    On November 8, 2011, the Department published an extension of time 
for the final results to December 12, 2011. See Tapered Roller Bearings 
and Parts Thereof, Finished or Unfinished, From the People's Republic 
of China: Extension of Time Limit for the Final Results of the 
Antidumping Duty Administrative Review, 76 FR 69241 (November 8, 2011). 
On December 7, 2011, the Department published a full extension of the 
deadline for the final results to January 9, 2012. See Tapered Roller 
Bearings and Parts Thereof, Finished or Unfinished, From the People's 
Republic of China: Notice of Second Extension of Time Limit for the 
Final Results of the Antidumping Duty Administrative Review, 76 FR 
76360 (December 7, 2011).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs 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, regarding, ``Tapered Roller Bearings from the People's 
Republic of China: Issues and Decision Memorandum for the Final Results 
of the 2009-2010 Administrative Review,'' 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 in the Central Records Unit room 7046 of the main Commerce 
building. In addition, a complete version of the 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 versions of 
the Issues and Decision Memorandum are identical in content.

Period of Review

    The POR is June 1, 2009, through May 31, 2010.

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 \2\ and 8708.99.80.80.\3\ 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\ 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.
    \3\ Effective January 1, 2007, the HTSUS subheading 8708.99.8080 
is renumbered as 8708.99.8180; see id.
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    Subsequent to the issuance of the order, we issued the following 
scope rulings:
    On February 7, 2011, in response to an inquiry from Blackstone OTR 
LLC and OTR Wheel Engineering, Inc. (collectively, ``Blackstone OTR''), 
the Department ruled that Blackstone OTR's wheel hub assemblies are 
included in the scope of the order.\4\
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    \4\ See Memorandum entitled ``Tapered Roller Bearings from the 
People's Republic of China: Final Scope Ruling on Blackstone OTR LLC 
and OTR Wheel Engineering, Inc.'s Wheel Hub Assemblies and TRBs,'' 
dated February 7, 2011.
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    On April 18, 2011, in response to an inquiry from New Trend 
Engineering Limited (``New Trend''), the Department ruled that: (1) New 
Trend's splined and non-splined wheel hub assemblies without antilock 
braking system (``ABS'') elements are included in the scope of the 
order; and (2) New Trend's wheel hub assemblies with ABS elements are 
also included in the scope of the order.\5\
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    \5\ See Memorandum entitled, ``Tapered Roller Bearings from the 
People's Republic of China: Final Scope Ruling on New Trend 
Engineering Ltd.'s Wheel Hub Assemblies,'' dated April 18, 2011.
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    On June 14, 2011, in response to an inquiry from Bosda 
International (USA) LLC (``Bosda''), the Department ruled

[[Page 2273]]

that Bosda's wheel hub assemblies are included in the scope of the 
order.\6\
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    \6\ See Memorandum entitled ``Tapered Roller Bearings from the 
People's Republic of China Final Scope Determination on Bosda's 
Wheel Hub Assemblies,'' dated June 14, 2011.
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    On August 2, 2011, in response to an inquiry from DF Machinery 
International, Inc. (``DF Machinery''), the Department ruled that DF 
Machinery's agricultural hub units are included in the scope of the 
order.\7\
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    \7\ See Memorandum entitled ``Tapered Roller Bearings and Parts 
Thereof, finished and Unfinished, from the People's Republic of 
China- Final Scope Determination on DF Machinery's Agricultural Hub 
Units,'' dated August 3, 2011.
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Successor in Interest Determination and Rescission of the 
Administrative Review, in Part

    In the Preliminary Results, although we preliminarily determined 
Gansu Hailin Zhongke Science & Technology Co., Ltd. (``Hailin 
Zhongke'') to be the successor-in-interest to Hailin Bearing Factory 
(``HB Factory''), we stated that we intended to solicit additional 
information to further consider this issue. We also stated that we 
intended to solicit additional information to determine whether Hailin 
Zhongke was the sole producer of the merchandise sold by Hailin I&E to 
the United States during the POR.\8\ For the final results, we continue 
to find that Hailin Zhongke is the successor-in-interest to HB 
Factory.\9\ Additionally, because we determined that Hailin I&E had no 
exports to the United States during the POR of TRBs produced by any 
manufacturer other than HB Factory's successor-in-interest, we are 
rescinding the review with respect to Hailin I&E and any manufacturer 
other than HB Factory or its successor-in-interest, Hailin Zhongke. For 
further discussion of this issue see the Issues and Decision Memorandum 
at Comment 4.
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    \8\ See Preliminary Results, 75 FR at 41151-52. See also 
Memorandum to Wendy Frankel, Director, AD/CVD Operations, Office 8, 
Import Administration, through Erin Begnal, Program Manager, AD/CVD 
Operations, Office 8, from Brendan Quinn, International Trade 
Analyst, AD/CVD Operations, Office 8, entitled ``Tapered Roller 
Bearings from the People's Republic of China: Preliminary Successor-
In-Interest Determination,'' dated July 7, 2010.
    \9\ See Issues and Decision Memorandum at Comment 4.
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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:
    <bullet> We adjusted CPZ/SKF's steel bar consumption for all 
control numbers (``CONNUMs'') to account for CPZ/SKF's consumption of 
purchased finished forged components not reported in its consumption of 
steel bar.\10\
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    \10\ See Issues and Decision Memorandum at Comment 1.
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    <bullet> We made the following changes to CPZ/SKF's FOP data for 
merchandise which CPZ/SKF sold during the POR and which was produced by 
Spungen-owned Peer Bearing Company, Ltd.--Changshan (``CPZ/PBCD''). As 
facts available, in accordance with section 776(a)(1) of the Tariff Act 
of 1930, as amended (the ``Act''), in our normal value calculation for 
CPZ/SKF: (1) We included consumption factors from CPZ/PBCD's prior 
period FOP database and third-country processing costs, where 
applicable; \11\ (2) for those sales that did not have corresponding 
CPZ/PBCD prior period FOPs, we used CPZ/SKF's current period 
consumption factors and third-country processing costs, where 
applicable, for those same models;\12\ (3) we valued the CPZ/PBCD-
produced FOPs using current period surrogate values; and (4) for CPZ/
PBCD's inputs (i.e., steel bar, spacer, and coal), we used 
contemporaneous Indian import data, placed on the record by 
Petitioner,\13\ specifically, the harmonized tariff schedule (``HTS'') 
subcategory 7228.30.29 (other bars and rods of other alloy steel), HTS 
subcategory 8482.99 (other ball or roller bearings), and HTS 
subcategory 2701.11 (anthracite coal), respectively.\14\
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    \11\ See Petitioner's submission pertaining to SKF, dated 
December 17, 2010.
    \12\ See the Department's Memorandum titled, ``2009-2010 
Administrative Review of the Antidumping Duty Order on Tapered 
Roller Bearings and Parts Thereof, Finished or Unfinished, from the 
People's Republic of China: Analysis of the Final Results Margin 
Calculation for Changshan Peer Bearing Company'' dated concurrently 
with this notice (``Analysis Memo'').
    \13\ See Petitioner's surrogate value submission dated January 
14, 2011; see also Issues and Decision Memorandum at Comment 3.
    \14\ See the Department's Memorandum titled, ``Final Results of 
the 2009-2010 Administrative Review of the Antidumping Duty Order on 
Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, 
from the People's Republic of China: Surrogate Value Memorandum'' 
dated concurrently with this notice.
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Separate Rates

    In the Preliminary Results, we found that Sihe and Kaiyuan, 
separate-rate respondents, demonstrated their eligibility for separate-
rate status. See Preliminary Results, 76 FR at 41210. For the final 
results, we also continue to find that the evidence placed on the 
record of this review by Sihe and Kaiyuan demonstrates both a de jure 
and de facto absence of government control, with respect to their 
respective exports of the merchandise under review, and, thus continue 
to find that they are eligible for separate-rate status. See id. 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.\15\ For the final results, we continue to find that CPZ/SKF is 
eligible for separate rate status.
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    \15\ 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 Sihe and 
Kaiyuan have demonstrated their eligibility for a separate rate. For 
the exporters subject to a review that are determined to be eligible 
for separate rate status, 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.\16\ Consistent with the Department's practice, as the 
separate rate, we have established a margin for Sihe and Kaiyuan based 
on the rate we calculated for the individually examined respondent, 
CPZ/SKF.
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    \16\ 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 Margins

    We determine that the following weighted-average dumping margins 
exist for the period June 1, 2009, through May 31, 2010:

                            TRBs from the PRC
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                                                              Weighted-
                                                               average
                         Exporters                             percent
                                                                margin
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Changshan Peer Bearing Co., Ltd............................        10.03
Zhejiang Sihe Machine Co., Ltd.............................        10.03
Xinchang Kaiyuan Automotive Bearing Co., Ltd...............        10.03
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[[Page 2274]]

Assessment Rates

    Pursuant to section 751(a)(2)(A) of 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. For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. Where 
appropriate, we calculated an ad valorem rate for each importer (or 
customer) by dividing the total dumping margins for reviewed sales to 
that party by the total entered values associated with those 
transactions. 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. Where appropriate, 
we calculated a per-unit rate for each importer (or customer) by 
dividing the total dumping margins for reviewed sales to that party by 
the total sales quantity associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess 
the resulting per-unit rate against the entered quantity of the subject 
merchandise. Where an importer (or customer)-specific assessment rate 
is de minimis (i.e., less than 0.50 percent), the Department will 
instruct CBP to assess that importer (or customer's) entries of subject 
merchandise without regard to antidumping duties, in accordance with 19 
CFR 351.106(c)(2). We intend to instruct CBP to liquidate entries 
containing subject merchandise exported by the PRC-wide entity at the 
PRC-wide rate of 92.84 percent. The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
these final results of review.
    With regard to Hailin I&E, we continue to find that Hailin Zhongke 
(1) is the successor-in-interest to HB Factory; and (2) was Hailin 
I&E's sole supplier of TRBs sold to the United States during the POR. 
We will instruct CBP to liquidate Hailin I&E's entries of subject 
merchandise produced by Hailin Zhongke during the POR without regard to 
antidumping duties for any unliquidated entries after November 9, 
2001.\17\
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    \17\ See Issues and Decision Memorandum at Comment 4.
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    With regard to CPZ/SKF, we made a correction to the calculation of 
the preliminary, importer-specific assessment rate. For the Preliminary 
Results we calculated two importer-specific assessment rates for CPZ/
SKF based on CPZ/SKF's U.S. sales database, which reported ``Peer/SKF'' 
and ``Peer/PBCD'' as distinct importers. The Department finds, however, 
that CPZ/SKF's sales under review were imported by a single 
importer.\18\ Accordingly, the Department has corrected its assessment 
rate calculation to calculate one assessment rate using all of CPZ/
SKF's sales during the POR.\19\ The labels ``Peer/SKF'' and ``Peer/
PBCD'' were relevant in the prior review to distinguish sales made by 
either CPZ/PBCD and CPZ/SKF which were separately under review as 
distinct respondents using the same importer, requiring the calculation 
of two assessment rates, one for each respondent.\20\ In the instant 
review of CPZ/SKF, we find that, as in the prior review, a single 
assessment rate is appropriate for this respondent.
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    \18\ See CPZ/SKF's supplemental Section C questionnaire response 
dated March 14, 2011 at SC-7.
    \19\ See Analysis Memo.
    \20\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China: Final Results of 
the 2008-2009 Antidumping Duty Administrative Review, 76 FR 3086 
(January 19, 2011) and accompanying issues and decision memorandum 
at Comment 7.
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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, Sihe, and 
Kaiyuan, 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 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 PRC-
wide rate 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 9, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

Comment 1: Whether CPZ/SKF Accurately Reported its Steel Bar 
Consumption
Comment 2: Whether CPZ/SKF Accurately Reported its ME Purchases
Comment 3: Whether to Use Prior Period FOPs When Valuing Certain of 
CPZ/SKF's Sales
Comment 4: Whether Hailin I&E's Producer, Hailin Zhongke, is the 
Successor-in Interest to HB Factory
Comment 5: Whether to Reinstate the Order With Respect to Hailin I&E
Comment 6: Whether to Modify Hailin I&E's Liquidation Instructions
Comment 7: Whether the Department Incorrectly Merged Databases

[FR Doc. 2012-730 Filed 1-13-12; 8:45 am]
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