[Federal Register Volume 74, Number 13 (Thursday, January 22, 2009)]
[Notices]
[Pages 3987-3990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1219]


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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

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 
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://ia.ita.doc.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.

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:
    <bullet> 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'')).
    <bullet> We have granted byproduct offsets for CPZ's sales of steel 
scrap (See Comment 2 and Analysis Memorandum).
    <bullet> 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).
    <bullet> 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'').
    <bullet> We have revised the international freight surrogate value 
to reflect CPZ's shipping terms (See Comment 8 and FOP Memorandum).
    <bullet> We have revised the unit weight for one of CPZ's models 
(See Comment 9 and Analysis Memorandum).
    <bullet> 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 
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)
------------------------------------------------------------------------
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 
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
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