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74 FR 3987, January 22, 2009

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

AGENCY: Import Administration, International Trade Administration, 

Department of Commerce.

SUMMARY: On July 17, 2008, the Department of Commerce (``Department'') 

published its preliminary results in the antidumping duty 

administrative review of tapered

[[Page 3988]]

roller bearings (``TRBs'') from the People's Republic of China 

(``PRC''). The period of review (``POR'') for the administrative review 

is June 1, 2006, through May 31, 2007. In the administrative review, we 

have determined that Peer Bearing Company Changshan (``respondent'' or 

``CPZ'') made sales in the United States at prices below normal value. 

We invited interested parties to comment on our preliminary results in 

these reviews. Based on our analysis of the comments we received in the 

administrative review, we made certain changes to our calculations for 

all mandatory respondents. The final dumping margins for this review 

are listed in the ``Final Results Margins'' section below.

EFFECTIVE DATE: January 22, 2009.

FOR FURTHER INFORMATION CONTACT: Demitri Kalogeropoulos or Brendan 

Quinn, 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) 482-2623 and (202) 482-5848, respectively.

SUPPLEMENTARY INFORMATION:

Background

 The Department published its preliminary results on July 17, 2008. 

See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, 

from the People's Republic of China: Preliminary Results of Antidumping 

Duty Administrative Review, 73 FR 41033 (July 17, 2008) (``Preliminary 
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Results'').

 We received comments from the Timken Company (``Petitioner'') and 

CPZ. Interested parties submitted case and rebuttal briefs on August 

26, 2008, and September 5, 2008, respectively. On November 21, 2008, 

the Department extended the deadline for the final results of review to 

January 13, 2009. See Tapered Roller Bearings and Parts Thereof, 

Finished and Unfinished, from the People's Republic of China; Extension 

of Time Limit for Final Results of the 2006-2007 Administrative Review, 

73 FR 70619 (November 21, 2008). We invited parties to comment on the 

Preliminary Results. On December 9, 2008, the Department held a hearing 

with interested parties regarding issues raised in case and rebuttal 

briefs.

Analysis of Comments Received

 All issues raised in the case and rebuttal briefs by parties in 

this review are addressed in the memorandum from Stephen J. Claeys, 

Deputy Assistant Secretary for Antidumping and Countervailing Duty 

Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for 

Import Administration, ``Tapered Roller Bearings from the People's 

Republic of China: Issues and Decision Memorandum for the Final Results 

of the 2006-2007 Administrative Review,'' dated January 13, 2009, which 

is hereby adopted by this notice (``Issues and Decision Memorandum''). 

A list of the issues which parties raised and to which we respond in 

the Issues and Decision Memorandum is attached to this notice as an 

Appendix. The Issues and Decision Memorandum is a public document and 

is on file in the Central Records Unit (``CRU''), Main Commerce 

Building, Room 1117, and is accessible on the Web at http://

enforcement.trade.gov/frn. The paper copy and electronic version of the 

memorandum are identical in content.

Period of Review

 The POR is June 1, 2006, through May 31, 2007.

Scope of the Order

 Imports covered by this 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 and 8708.99.80.80. 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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Changes Since the Preliminary Results

 Based on an analysis of the comments received, the Department has 

made certain changes in the margin calculations. For the final results, 

the Department has made the following changes:

 We have treated CPZ's sale to the importer as the relevant 

sale for calculating dumping margins, and have calculated the margins 

on an export price basis (See Comment 1 and the memorandum titled 

``Peer Bearing Company Changshan, CPZ Final Results of Administrative 

Review: Program Analysis Memorandum, Tapered Roller Bearings and Parts 

Thereof, Finished and Unfinished from the People's Republic of China,'' 

dated January 13, 2009 (``Analysis Memorandum'')).

 We have granted byproduct offsets for CPZ's sales of steel 

scrap (See Comment 2 and Analysis Memorandum).

 We are no longer using CPZ's reported control number to 

match U.S. sales to factors of production data. Instead we are using 

CPZ's reported product code (See Comment 3 and Analysis Memorandum).

 We have revised the surrogate value for roller steel scrap 

and cage steel scrap (See Comment 5 and the memorandum titled ``Factors 

Valuations for the Final Results of the Administrative Review, Tapered 

Roller Bearings and Parts Thereof, Finished and Unfinished (``TRBs'') 

from the People's Republic of China (``PRC'')'' dated January 13, 2009 

(``FOP Memorandum'').

 We have revised the international freight surrogate value 

to reflect CPZ's shipping terms (See Comment 8 and FOP Memorandum).

 We have revised the unit weight for one of CPZ's models 

(See Comment 9 and Analysis Memorandum).

 We have revised our calculation of inland freight for 

CPZ's subcontractors (See Comment 10 and Analysis Memorandum).

 The PRC-wide rate has also changed for the final results, from 

60.95 percent to 92.84 percent. This rate represents the calculated 

rate for CPZ in these final results and is the highest calculated rate 

determined in the instant or any previous segment of this proceeding. 

We will apply the new PRC-wide rate of 92.84 percent to the PRC-wide 

entity (including Yantai Timken Company Limited (``Yantai Timken'')) 

for the final results. See ``Use of Facts Otherwise Available'' and 

``Selection of the PRC-Wide Rate'' sections below. Corroboration of the 

new PRC-wide rate is not required because this rate is based on, and 

calculated from, information submitted by CPZ in the course of this 

administrative review, i.e., it is not secondary information. See 19 

CFR 351.308(c) and (d) and section 776(c) of the Tariff Act of 1930, as 

amended (``the Act'').

Use of Facts Otherwise Available

 In the Preliminary Results, the Department found that Yantai Timken 

did not demonstrate its entitlement to a separate rate, and thus is 

deemed to be part of the PRC-wide entity. See Preliminary Results at 73 
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FR 41035. As

[[Page 3989]]

the Department found that the PRC-wide entity, which includes Yantai 

Timken, failed to cooperate to the best of its ability in responding to 

the Department's requests for information and thereby impeded the 

Department's proceeding, the Department assigned the PRC-wide entity a 

rate based on adverse facts available (``AFA'') pursuant to sections 

776(a)(2)(A), (B), and (C) and section 776(b) of the Act. See Id. The 

Department did not receive any comments regarding its preliminary 

application of AFA to the PRC-wide entity. Therefore, for these final 

results, the Department has not altered its analysis or its decision to 

apply total AFA to the PRC-wide entity.

Selection of the PRC-Wide Rate

 In deciding which facts to use as AFA, section 776(b) of the Act 

and 19 CFR 351.308(c)(1) authorize the Department to rely on 

information derived from: (1) the petition; (2) the final 

determination; (3) a previous administrative review; or (4) other 

information placed on the record. In selecting a rate for AFA, the 

Department selects a rate that is sufficiently adverse to ensure that 

the uncooperative party does not obtain a more favorable result by 

failing to cooperate than if it had fully cooperated. See the Statement 

of Administrative Action accompanying the Uruguay Round Agreements Act 

(``URAA''), H.R. Rep. No. 103-316 at 870 (1994), at 870. For this 

review, we have used the highest rate on the record of any segment of 

the proceeding, i.e., the final calculated rate for CPZ in this 

administrative review. See, e.g., Honey from the People's Republic of 

China: Final Results and Final Rescission, In Part, of Antidumping Duty 

Administrative Review, 72 FR 37715 (July 11, 2007). Section 776(c) of 

the Act requires that, when the Department relies on secondary 

information rather than on information obtained in the course of a 

review as facts available, it must, to the extent practicable, 

corroborate that information from independent sources reasonably at its 

disposal. As we did not rely upon secondary information, no 

corroboration was required under section 776(c) of the Act. See 19 CFR 

351.308(d) and section 776(c) of the Act.

Final Results Margins

 We determine that the following weighted-average percentage margins 

exist for the POR:

 TRBs From the PRC

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

 Weighted-Average

 Producer/Exporter Margin (Percent)
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------------------------------------------------------------------------

Peer Bearing Company Changshan (CPZ)................ 92.84

PRC-wide entity*.................................... 92.84

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

*including Yantai Timken.

Assessment Rates

 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 

exporter/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. We intend to instruct CBP to liquidate entries 

containing subject merchandise exported by the PRC-wide entity at the 

PRC-wide rate we determine in the final results of this review. The 

Department intends to issue appropriate assessment instructions 

directly to CBP 15 days after publication of the final results of this 

review.

Cash Deposit Requirements

 The following cash deposit requirements will be effective upon 

publication of these final results of this administrative review 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 the exporters 

listed above, the cash deposit rate will be the rates shown for those 

companies; 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 
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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.

Notification of 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 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 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 these final results and notice in 

accordance with sections 751(a)(1) and 777(i)(1) of the Act.

[[Page 3990]]

 Dated: January 13, 2009.

Ronald K. Lorentzen,

Acting Assistant Secretary for Import Administration.

Appendix I

Comment 1: Treatment of CPZ's U.S. Sales

Comment 2: Treatment of By-Product Offsets

Comment 3: Calculation of Normal Value Based on Control Number versus 

Model Number

Comment 4: Treatment of Forging Subcontractor's Factors of Production

Comment 5: Surrogate Value for Steel Scrap

Comment 6: Surrogate Value for Wire Rod

Comment 7: Surrogate Value for Steel Bar
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Comment 8: Surrogate Value for International Freight

Comment 9: Calculation of Factors of Production for a Particular Model

Comment 10: Treatment of Inland Freight for Subcontractors

Comment 11: Treatment of Negative Dumping Margins (``Zeroing'')

[FR Doc. E9-1219 Filed 1-21-09; 8:45 am]

BILLING CODE 3510-DS-S