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[Federal Register Volume 77, Number 78 (Monday, April 23, 2012)]
[Notices]
[Pages 24179-24180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9740]

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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: Amended Final Results 
of the Administrative Review of the Antidumping Duty Order

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

DATES: Effective Date: April 23, 2012.
SUMMARY: On January 17, 2012, the Department of Commerce 
(``Department'') published the final results of the antidumping duty 
administrative review of tapered roller bearings and parts thereof, 
finished and unfinished (``TRBs'') from the People's Republic of China 
(``PRC''), covering the period June 1, 2009, through May 31, 2010.\1\ 
We are amending our Final Results to correct a ministerial error made 
in the calculation of the antidumping duty margin for Changshan Peer 
Bearing Company, Ltd. (``CPZ/SKF'') pursuant to section 751(h) of the 
Tariff Act of 1930, as amended (``the Act''), and 19 CFR 351.224(e).
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    \1\ See 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, 77 FR 2271 (January 17, 2012) 
(``Final Results''), and accompanying Issues and Decision Memorandum 
(``IDM'').

FOR FURTHER INFORMATION CONTACT: Demitri 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-
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2623.

SUPPLEMENTARY INFORMATION: 

Background

    On January 17, 2012, the Department published the Final Results. On 
January 23, 2012, pursuant to 19 CFR 351.224(c), the Timken Company 
(``Timken'') submitted an allegation of a ministerial error regarding 
the valuation of the steel bar production input for CPZ/SKF and 
requested that the Department correct the alleged ministerial error in 
the calculation of CPZ/SKF's dumping margin. No other party submitted 
ministerial error allegations.
    Before the Department could take action on the alleged ministerial 
error, both Timken and CPZ/SKF filed summonses and complaints with the 
U.S. Court of International Trade (``CIT'') challenging the Final 
Results, which vested the CIT with jurisdiction over the administrative 
proceeding. On March 29, 2012, the CIT granted the Department leave to 
amend the Final Results.\2\
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    \2\ See The Timken Company v. United States, Consol. Ct. No. 12-
00035 (CIT March 29, 2012).
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Ministerial Errors

    A ministerial error as defined in section 751(h) of the Act 
includes ``errors in addition, subtraction, or other arithmetic 
function, clerical error resulting from inaccurate copying, 
duplication, or the like, and any other type of unintentional error 
which the administering authority considers ministerial.'' \3\
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    \3\ See also 19 CFR 351.224(f).
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    After analyzing the ministerial error allegation, we have 
determined, in accordance with section 751(h) of the Act and 19 CFR 
351.224(e), that we made certain ministerial errors in our calculations 
for the Final Results. For a detailed discussion of these ministerial 
errors, as well as the Department's analysis of the errors and 
allegation, see the Memorandum to the File, ``Final Results of the 
2009-2010 Administrative Review of the Antidumping Duty Order on 
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, 
from the People's Republic of China: Allegation of Ministerial Error,'' 
dated concurrently with this notice (``Ministerial Error Memo'').
    Because the cash deposit rate for two other exporters was based on 
the calculated rate for CPZ/SKF, and that margin has changed since the 
Final Results, the separate rate for these two exporters has changed as 
well. The amended weighted-average dumping margins are as follows:

                          Amended Final Results
------------------------------------------------------------------------
                                                                Amended
                                                                 Final
                          Exporters                              Margin
                                                               (Percent)
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Changshan Peer Bearing Co., Ltd..............................      14.98
Zhejiang Sihe Machine Co., Ltd...............................      14.98
Xinchang Kaiyuan Automotive Bearing Co., Ltd.................      14.98
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Notification to 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

[[Page 24180]]

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(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 that is subject to sanction.

Disclosure

    We will disclose the calculations performed for these amended final 
results within five days of the date of publication of this notice to 
interested parties in accordance with 19 CFR 351.224(b).

Assessment Rate

    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 amended 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). On January 
31, 2012, and February 2, 2012, the CIT issued injunctions enjoining 
liquidation of certain entries which are subject to the antidumping 
duty order on TRBs from the PRC, for the POR.\4\ Accordingly, the 
Department will not issue assessment instructions for any entries 
subject to the above-mentioned injunctions to CBP after publication of 
this notice.
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    \4\ See Changshan Peer Bearing Co., Ltd v. United States, Court 
No. 12-0039 (CIT February 2, 2012) and The Timken Company v. United 
States, Court No. 12-0035(CIT January 31, 2012) both amended on 
March 8, 2012.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective 
retroactively on any entries made on or after January 17, 2012, the 
date of publication of the Final Results, 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) For CPZ/SKF, Zhejiang Sihe Machine 
Co., Ltd., and Xinchang Kaiyuan Automotive Bearing Co., Ltd., the cash 
deposit rate will be the amended final margin rate shown above in the 
``Amended Final Results'' section of this notice; (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 shall remain 
in effect until further notice.
    These amended final results are published in accordance with 
sections 751(a)(1), 751(h) and 777(i)(1) of the Act.

    Dated: April 16, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-9740 Filed 4-20-12; 8:45 am]
BILLING CODE 3510-DS-P
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