[Federal Register Volume 66, Number 38 (Monday, February 26, 2001)]
[Notices]
[Pages 11562-11564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4657]


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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 1998-1999 Administrative Review and Determination To Revoke Order in 
Part

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

ACTION: Notice of amended final results of 1998-1999 administrative 
review and determination to revoke order in part.

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SUMMARY: On January 10, 2001, the Department published the final 
results of the administrative review of the antidumping duty order on 
tapered roller bearings and parts thereof, finished and unfinished, 
from the People's Republic of China.\1\ On January 12, 2001, certain 
respondents filed allegations of ministerial errors and on January 18, 
2001, the petitioner filed a response to the allegations. Based on our 
review of the comments received from all parties regarding potential 
ministerial errors, we have made certain changes to the margin 
calculation of respondent Wafangdian Bearing Company Ltd. The final 
weighted-average dumping margin for this company is now zero. We have,

[[Page 11563]]

moreover, determined to revoke the antidumping duty order with respect 
to Wafangdian Bearing Company Ltd. We have also corrected a 
typographical error in the Final Results in which the PRC-wide cash 
deposit rate was listed as 33.12 percent. The correct PRC-wide cash 
deposit rate is 33.18 percent.
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    \1\ Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China; Final Results of 
1998-1999 Administrative Review, Partial Rescission of Review, and 
Notice of Intent to Revoke Order in Part, 66 FR 1953 (January 10, 
2001) (``Final Results'').

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EFFECTIVE DATE: February 26, 2001.

FOR FURTHER INFORMATION CONTACT: Greg Campbell or Jarrod Goldfedder, 
Group 1, Office I, Antidumping/Countervailing Duty Enforcement, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone (202) 482-2239 or (202) 482-0189, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the ``Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department of 
Commerce's (``Department'') regulations are to 19 CFR Part 351 (2000).

Background

    On January 10, 2001, the Department published the Final Results. 
The period of review (``POR'') is June 1, 1998, through May 31, 1999.
    On January 12, 2001, ministerial error allegations were submitted 
by respondents Wafangdian Bearing Company Ltd. (``Wafangdian''), 
Zhejiang Machinery Import & Export Corp., (``ZMC''), and Luoyang 
Bearing Corp. (Group). Respondents Wanxiang Group Corporation 
(``Wanxiang''), China National Machinery Import & Export Corporation 
(``CMC''), Liaoning MEC Group Co. Ltd., Premier Bearing & Equipment 
Ltd., Tianshui Hailin Import and Export Corporation/Hailin Bearing 
Factory, and Weihai Machinery Holding (Group) Co., Ltd. submitted a 
January 17, 2001, letter to the Department expressing their concurrence 
with the allegations raised in the January 12, 2001 submission of the 
other respondents. On January 18, 2001, the petitioner submitted its 
comments on the January 12 ministerial error allegations.
    The Department has conducted this administrative review in 
accordance with section 751 of the Act.

Scope of Review

    Merchandise covered by this review includes tapered roller bearings 
(``TRBs'') and parts thereof, finished and unfinished, from the PRC; 
flange, take up cartridge, and hanger units incorporating TRBs; and 
tapered roller housings (except pillow blocks) incorporating TRBs, with 
or without spindles, whether or not for automotive use. This 
merchandise is currently classifiable under the Harmonized Tariff 
Schedule of the United States (``HTSUS'') item numbers 8482.20.00, 
8482.91.00.50, 8482.99.30, 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 and 
this review is dispositive.

Determination To Revoke Order, in Part

    The Department ``may revoke, in whole or in part'' an antidumping 
duty order upon completion of a review under section 751 of the Act. 
While Congress has not specified the procedures that the Department 
must follow in revoking an order, the Department has developed a 
procedure for revocation that is described in 19 CFR 351.222. This 
regulation requires, inter alia, that a company requesting revocation 
must submit the following: (1) A certification that the company has 
sold the subject merchandise at not less than normal value (``NV'') in 
the current review period and that the company will not sell subject 
merchandise at less than NV during the future; (2) a certification that 
the company sold commercial quantities of the subject merchandise to 
the United States in each of the three years forming the basis of the 
request; and (3) an agreement to reinstatement of the order if the 
Department concludes that the company, subsequent to the revocation, 
sold subject merchandise at less than NV. See 19 CFR 351.222(e)(1). 
Upon receipt of such a request, the Department will consider (1) 
whether the company in question has sold subject merchandise at not 
less than NV for a period of at least three consecutive years; (2) the 
likelihood that the company in question will in the future sell the 
subject merchandise at less than normal value; and (3) whether the 
company has agreed in writing to its immediate reinstatement in the 
order, as long as any exporter or producer is subject to the order, if 
the Department concludes that the company, subsequent to the 
revocation, sold the subject merchandise at less than NV. See 19 CFR 
351.222(b)(2).
    As noted in the Final Results, CMC, Wafangdian, Wanxiang, and ZMC 
submitted the proper certifications pursuant to 19 CFR 351.222(e)(1), 
and requested revocation of the antidumping duty order, in part, based 
on an absence of dumping for at least three consecutive years. Because 
CMC and ZMC were found to have made sales below normal value in the 
instant review, these companies do not qualify for revocation. Although 
Wanxiang sold the subject merchandise at not less than normal value for 
a period of at least three consecutive years, we determined that 
Wanxiang does not qualify for revocation of the order because the 
company did not sell the subject merchandise in the United States in 
commercial quantities in each of the three years forming the basis of 
its revocation request.
    Wafangdian received a zero margin in each of the last two 
reviews.\2\ In addition, as noted below, Wafangdian's dumping margin in 
the instant review is zero as a result of our correction of certain 
ministerial errors. Accordingly, Wafangdian meets the first criterion 
of 19 CFR 351.222(b)(2). After consideration of the various comments 
that were submitted in response to the Preliminary Results,\3\ we 
determine that Wafangdian is not likely to sell the subject merchandise 
in the United States below normal value in the future. See infra, 
``Analysis of Comments Received.'' Finally, as stated above, Wafangdian 
has agreed in writing to the immediate reinstatement in the order, as 
long as any exporter or producer is subject to the order, if the 
Department concludes that the Wafangdian, subsequent to the revocation, 
sold the subject merchandise at less than NV. Therefore, we find that 
Wafangdian qualifies for revocation of the order on TRBs under 19 CFR 
351.222(b)(2).

[[Page 11564]]

Accordingly, we are revoking the order with respect to merchandise 
produced and exported by Wafangdian.
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    \2\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China; Final Results of 
1997-1998 Antidumping Duty Administrative Review and Final Results 
of New Shipper Review, 64 FR 61837 (November 15, 1999) (``TRBs X'') 
and Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China; Final Results of 
1996-1997 Antidumping Administrative Review and New Shipper Review 
and Determination Not to Revoke Order in Part, 63 FR 63842 (November 
17, 1998) (``TRBs XI''). We note that in TRBs XI, we did not conduct 
a review of Wafangdian. However, pursuant to 19 CFR 351.222(d), we 
are not required to conduct a review of the intervening year so long 
as we conduct a review in the first and third years of the three 
year consecutive time period. For Wafangdian, we conducted a review 
in TRBs X and in the instant review.
    \3\ Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China; Preliminary Results 
of 1998-1999 Administrative Review, Partial Rescission of Review, 
and Notice of Intent to Revoke Order in Part, 65 FR 41944 (July 7, 
2000) (``Preliminary Results'').
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Analysis of Comments Received

    We have addressed all of the comments regarding the ministerial 
error allegations in the Memorandum to Susan Kuhbach, ``Ministerial 
Error Allegations for Final Results of Review'' (February 12, 2001). As 
explained in that memorandum, correction of the ministerial errors for 
Wafangdian resulted in a zero margin for Wafangdian (see Memorandum to 
File, ``Calculations for Amended Final Results for Wafangdian'' 
(February 12, 2001) for the calculation changes made to the final 
results). Accordingly, as noted above, we have determined to revoke the 
antidumping duty order with respect to Wafangdian.
    In the Final Results, we did not address certain comments regarding 
revocation raised in the briefs and rebuttal briefs of interested 
parties, noting that those issues were moot because we found the 
respondents ineligible for revocation (either based on the fact that 
they did not make sales above normal value in the instant review or 
that they did not make sales in commercial quantities during the three-
year period being analyzed).\4\ Since, in light of Wafangdian's amended 
zero margin, these issues are no longer moot, we have addressed 
parties' comments regarding revocation in a separate memorandum. See 
Memorandum from Richard W. Moreland, Deputy Assistant Secretary, Import 
Administration, to Bernard T. Carreau, Deputy Assistant Secretary for 
Import Administration, ``Issues and Decision Memorandum for Amended 
Final Results'' (February 14, 2001). Parties can find a complete 
discussion of all issues raised in these amended final results and the 
corresponding recommendations in this public memorandum, which is on 
file in the Central Records Unit, room B-099 of the main Department 
building. In addition, a complete version of this memorandum can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn/summary/list.htm. The paper copy and electronic version of this memorandum are 
identical in content.
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    \4\ See Final Results and accompanying Decision Memo at Comments 
18-21.
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Amended Final Results

    Based on our review of comments received regarding ministerial 
errors, we have made the following change to the Final Results. We have 
incorporated into our calculation of Wafangdian's weighted average 
margin the revisions to certain packing material and labor figures, as 
detailed in exhibits 6 and 7 of Wafangdian's March 14, 2000 submission.
    We have also corrected a typographical error in the PRC-wide cash 
deposit rate in the final results. The correct PRC-wide (country-wide) 
cash deposit rate is 33.18 percent.
    Based on these revisions, we determine that the following dumping 
margins exist for the period June 1, 1998 through May 31, 1999:

------------------------------------------------------------------------
                                                                Revised
                    Manufacturer/exporter                        margin
                                                               (percent)
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Wafangdian...................................................       0.00
Wanxiang.....................................................       0.00
CMC..........................................................       0.82
ZMC..........................................................       7.37
Liaoning.....................................................       0.00
Hailin.......................................................       0.00
Weihai.......................................................       0.00
Luoyang......................................................       4.37
Premier......................................................       7.36
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    We are issuing and publishing this determination and notice in 
accordance with sections section 751(a)(1) and 771(i) of the Act.

    Dated: February 16, 2001.
Timothy J. Hauser,
Acting Under Secretary for International Trade.

Appendix--List of Comments and Issues in the Decision Memorandum

Comment 1: The Department Should Grant Revocations
Comment 2: Limiting Revocation to Certain Trading Companies
Comment 3: Limiting Revocation to Particular Models

[FR Doc. 01-4657 Filed 2-23-01; 8:45 am]
BILLING CODE 3510-DS-P