Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China: Notice of Amended Final Results Pursuant to Final Court Decision, 19421-19422 [E5-1740]

Download as PDF Federal Register / Vol. 70, No. 70 / Wednesday, April 13, 2005 / Notices assessment of doubled antidumping duties. Notification Regarding Administrative Protective Orders 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 APO in accordance with 19 CFR 351.305, 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. We are issuing and publishing these results and this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: April 6, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. Appendix I List of Comments in the Issues and Decision Memorandum Comment 1: Interest Expense Ratio Comment 2: Home Market Level of Trade [FR Doc. E5–1713 Filed 4–12–05; 8:45 am] BILLING CODE 3510–DS–P 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: Notice of Amended Final Results Pursuant to Final Court Decision Import Administration, International Trade Administration, Department of Commerce SUMMARY: On January 21, 2005, in Luoyang Bearing Factory v. United States, Slip Op. 05–3, the Court of International Trade affirmed the Department of Commerce’s Final Results of Redetermination Pursuant to Remand, dated September 30, 2004, and entered a judgment order. This litigation related to the Department of Commerce’s review of the antidumping order on tapered roller bearings and parts thereof, finished and unfinished, from the People’s Republic of China, covering the period June 1, 1998, through May 31, 1999. As no further AGENCY: VerDate jul<14>2003 18:37 Apr 12, 2005 Jkt 205001 appeals have been filed and there is now a final and conclusive court decision in this action, we are amending the final results of review in this proceeding and we will instruct U.S. Customs and Border Protection to liquidate entries subject to this review. EFFECTIVE DATE: April 13, 2005. FOR FURTHER INFORMATION CONTACT: Andrew Smith AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1276. SUPPLEMENTARY INFORMATION: Background Following publication of the TRBs XII Final Results1, the Timken Company, the petitioner in this case, and the respondents, Luoyang Bearing Corporation (‘‘Luoyang Bearing’’), Zhejiang Machinery Import and Export Corporation (‘‘ZMC’’), China National Machinery I/E Corporation (‘‘CMC’’), and Wafangdian Bearing Factory (‘‘Wafangdian’’) (‘‘respondents’’), filed a lawsuit with the Court of International Trade (‘‘CIT’’) challenging the Department of Commerce’s (‘‘Department’’) findings in the TRBs XII Final Results. In Luoyang Bearing Corp. (Group), Zhejiang Machinery Import & Export Corp., China National Machinery Import & Export Corporation, and Wafangdian Bearing Company, Ltd. v. United States, Slip Op. 04–53 (CIT 2004) (‘‘Luoyang Bearing’’), the CIT instructed the Department to (1) further explain why the surrogate values it chose for wooden cases and the steel used to produce tapered roller bearings for Wafangdian constitute the ‘‘best available information,’’ and address the aberrational data referenced by the respondents; and (2) conduct the ‘‘separate rates’’ analysis with respect to Premier Bearing & Equipment Limited (‘‘Premier’’) and apply the People’s Republic of China (‘‘PRC’’)-wide rate to all of Premier’s United States sales if it was determined that Premier is not independent of government control. The Department complied with the CIT’s remand instructions and issued its 1 See 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 Determination Not to Revoke Order in Part, 66 FR 1953 (January 10, 2001) and 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, 66 FR 11562 (February 26, 2001) (collectively, ‘‘TRBs XII Final Results’’). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 19421 final results of redetermination pursuant to remand on September 30, 2004. See Final Results of Redetermination Pursuant to Remand (‘‘Remand Results’’). In its Remand Results, the Department revised the surrogate value used to value steel inputs used in the production of rollers by excluding aberrational data as well as data that the Department had reason to believe or suspect were distorted. The Department also corrected a clerical error in the programming used to calculate the margin for ZMC. As a result of the Remand Results, the antidumping duty rate for Luoyang was decreased from 4.37 to 3.85 percent. The antidumping duty rate for ZMC was decreased from 7.37 to 0.00. The antidumping duty rate for CMC was decreased from 0.82 to 0.78 percent. The antidumping duty rate for Wafangdian and the PRC–wide rate were unchanged from the TRBs XII Final Results. On January 21, 2005, the CIT affirmed the Department’s findings in the Remand Results. Specifically, the CIT upheld the Department’s explanation of what constitutes the ‘‘best available information’’ with regard to the surrogate values the Department chose for wooden cases and for the steel used to produce rollers; the Department’s application of the separate rates test; the Department’s decision to not revoke the antidumping order for ZMC; and, the Department’s practice of using other producers’ factors data to calculate Premier’s normal value. See Luoyang Bearing Factory v. United States, Slip Op. 05–3 (CIT January 21, 2005). On February 16, 2005, consistent with the decision of the United States Court of Appeals for the Federal Circuit (‘‘Federal Circuit’’) in Timken Co. v. United States, 893 F. 2d 337 (Fed. Cir. 1990) (‘‘Timken’’), the Department notified the public that the CIT’s decision in Luoyang Bearing was ‘‘not in harmony’’ with the TRBs XII Final Results. See Notice of Court Decision and Suspension of Liquidation: Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People’s Republic of China, 70 FR 7925 (February 16, 2005) (‘‘Timken Notice’’). No party appealed the CIT’s decision. As there is now a final and conclusive court decision in this action, we are amending our final results of review and we will instruct the U.S. Customs and Border Protection (‘‘CBP’’) to liquidate entries subject to this review. Amendment to the Final Results Pursuant to section 516A(e) of the Tariff Act of 1930, as amended (‘‘the Act’’), because no further appeals have been filed and there is now a final and E:\FR\FM\13APN1.SGM 13APN1 19422 Federal Register / Vol. 70, No. 70 / Wednesday, April 13, 2005 / Notices (3) from 6 p.m., Friday, May 13, 2005 until 5:30 a.m., Monday, May 16, 2005; and (4) from 6 p.m., Friday, May 27, 2005 until 5:30 a.m., Tuesday, May 31, 2005. SUPPLEMENTARY INFORMATION: The United States Patent and Trademark Office data center is moving to a new location in Alexandria, Virginia. It is expected that this move will commence Margin on or about April 29, 2005, and will be Company (percent) completed on or about May 31, 2005. Due to the relocation of the data center, ZHEJIANG MACHINERY IMPORT AND EXPORT CORP. ... 0.00 ESTTA will be unavailable during certain time periods. During the periods LUOYANG BEARING CORPORATION ............................... 3.85 of ESTTA unavailability, oppositions to CHINA NATIONAL MACHINERY Extensions of Protection filed pursuant I/E CORP. ................................. 0.78 to Section 66 of the Trademark Act can PREMIER BEARING AND only be filed in paper. Therefore, Patent EQUIPMENT, LTD .................... 7.36 and Trademark Rule 2.101(b)(2) (37 CFR WAFANGDIAN BEARING FACTORY ........................................ 0.00 § 2.101(b)(2)), which requires that an opposition to an application based on Section 66(a) be filed through ESTTA, is The Department will issue waived during the periods of ESTTA appraisement instructions directly to unavailability. Paper filings of the CBP. The Department will instruct oppositions to Extensions of Protection CBP to liquidate relevant entries otherwise will not be accepted. covering the subject merchandise Paper filings should be directed to: effective the date of publication of this The Trademark Trial and Appeal Board, notice. This notice is issued and published in P.O. Box 1451, Alexandria, VA 22313– accordance with section 751(a)(1) of the 1451. In addition, to insure that the Board Act. can timely notify the International Dated: April 7, 2005. Bureau of the World Intellectual Joesph A. Spetrini, Property Organization of the provisional Acting Assistant Secretary for Import refusal based on the opposition, a copy Administration. of the opposition should be faxed to the [FR Doc. E5–1740 Filed 4–12–05; 8:45 am] Board at (571) 273–0059. BILLING CODE 3510–DS–S FOR FURTHER INFORMATION CONTACT: Ms. Bonita Royall, by telephone at (571) 272–4302, or by facsimile to (571) 273– DEPARTMENT OF COMMERCE 0059, marked to the attention of Bonita Royall. Patent and Trademark Office conclusive decision in the court proceeding, we are amending the final results of administrative review of the antidumping order on tapered roller bearings and parts thereof, finished and unfinished, from the PRC for the period June 1, 1998, through May 31, 1999. The revised weight–averaged dumping margins are as follows: [Docket No. 2005–T–060] Notice of Unavailability of the Trademark Trial and Appeal Board’s Electronic System for Trademark Trials and Appeals (ESTTA) United States Patent and Trademark Office, Commerce. ACTION: Notice of ESTTA unavailability. Dated: April 7, 2005. Jon W. Dudas, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 05–7433 Filed 4–12–05; 8:45 am] BILLING CODE 3510–16–P VerDate jul<14>2003 18:37 Apr 12, 2005 Jkt 205001 Dated: April 7, 2005. Jeanette Owings-Ballard, OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 05–7362 Filed 4–12–05; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request Department of Education. The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. AGENCY: AGENCY: SUMMARY: Notice is hereby given that ESTTA will be unavailable during certain time periods during the relocation of the United States Patent and Trademark Office data center to a site in Alexandria, Virginia. DATES: The ESTTA unavailability dates are: (1) From 6 p.m., Friday, April 29, 2005 until 5:30 a.m., Monday, May 2, 2005; (2) from 6 p.m., Friday, May 6, 2005 until 5:30 a.m., Monday, May 9, 2005; Senior Executive Council (SEC) and the Secretary of Defense on effective strategies for implementation of best business practices of interest to the Department of Defense. At this meeting, the Board’s Management and Human Resources related task groups will deliberate on their findings and recommendations related to tasks assigned earlier this year by the Under Secretary (Comptroller) and the Deputy Secretary. DATES: Friday, May 6, 2005, 1015 to 1130 hrs. FOR FURTHER INFORMATION CONTACT: Members of the public who wish to attend the meeting must contact the Defense Business Board no later than Friday, April 29th for further information about admission as seating is limited. Additionally, those who wish to make oral comments or deliver written comments should also request to be scheduled, and submit a written text of the comments by Friday, April 29th to allow time for distribution to the Board members prior to the meeting. Individual oral comments will be limited to five minutes, with the total oral comment period not exceeding thirty-minutes. The DBB may be contacted at: Defense Business Board, 1100 Defense Pentagon, Room 2E314, Washington, DC 20301– 1100, via e-mail at stephan.smith@osd.mil, or via phone at (703) 614–7085. SUMMARY: DEPARTMENT OF DEFENSE Office of the Secretary Defense Business Board; Notice of Advisory Committee Meeting Department of Defense, DoD. Notice of advisory committee meeting; Defense Business Board. AGENCY: ACTION: SUMMARY: The Defense Business Board (DBB) will meet in open session on Friday, May 6, 2005, at the Pentagon, Washington, DC from 1015 until 1130. The mission of the DBB is to advise the PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Interested persons are invited to submit comments on or before May 13, 2005. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Carolyn Lovett, Desk Officer, Department of Education, Office of DATES: E:\FR\FM\13APN1.SGM 13APN1

Agencies

[Federal Register Volume 70, Number 70 (Wednesday, April 13, 2005)]
[Notices]
[Pages 19421-19422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1740]


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

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: Notice of Amended 
Final Results Pursuant to Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce
SUMMARY: On January 21, 2005, in Luoyang Bearing Factory v. United 
States, Slip Op. 05-3, the Court of International Trade affirmed the 
Department of Commerce's Final Results of Redetermination Pursuant to 
Remand, dated September 30, 2004, and entered a judgment order. This 
litigation related to the Department of Commerce's review of the 
antidumping order on tapered roller bearings and parts thereof, 
finished and unfinished, from the People's Republic of China, covering 
the period June 1, 1998, through May 31, 1999. As no further appeals 
have been filed and there is now a final and conclusive court decision 
in this action, we are amending the final results of review in this 
proceeding and we will instruct U.S. Customs and Border Protection to 
liquidate entries subject to this review.

EFFECTIVE DATE: April 13, 2005.

FOR FURTHER INFORMATION CONTACT: Andrew Smith AD/CVD Operations, Office 
1, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-1276.

SUPPLEMENTARY INFORMATION:

Background

    Following publication of the TRBs XII Final Results\1\, the Timken 
Company, the petitioner in this case, and the respondents, Luoyang 
Bearing Corporation (``Luoyang Bearing''), Zhejiang Machinery Import 
and Export Corporation (``ZMC''), China National Machinery I/E 
Corporation (``CMC''), and Wafangdian Bearing Factory (``Wafangdian'') 
(``respondents''), filed a lawsuit with the Court of International 
Trade (``CIT'') challenging the Department of Commerce's 
(``Department'') findings in the TRBs XII Final Results. In Luoyang 
Bearing Corp. (Group), Zhejiang Machinery Import & Export Corp., China 
National Machinery Import & Export Corporation, and Wafangdian Bearing 
Company, Ltd. v. United States, Slip Op. 04-53 (CIT 2004) (``Luoyang 
Bearing''), the CIT instructed the Department to (1) further explain 
why the surrogate values it chose for wooden cases and the steel used 
to produce tapered roller bearings for Wafangdian constitute the ``best 
available information,'' and address the aberrational data referenced 
by the respondents; and (2) conduct the ``separate rates'' analysis 
with respect to Premier Bearing & Equipment Limited (``Premier'') and 
apply the People's Republic of China (``PRC'')-wide rate to all of 
Premier's United States sales if it was determined that Premier is not 
independent of government control.
---------------------------------------------------------------------------

    \1\ See 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 
Determination Not to Revoke Order in Part, 66 FR 1953 (January 10, 
2001) and 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, 66 FR 11562 (February 26, 2001) (collectively, 
``TRBs XII Final Results'').
---------------------------------------------------------------------------

    The Department complied with the CIT's remand instructions and 
issued its final results of redetermination pursuant to remand on 
September 30, 2004. See Final Results of Redetermination Pursuant to 
Remand (``Remand Results''). In its Remand Results, the Department 
revised the surrogate value used to value steel inputs used in the 
production of rollers by excluding aberrational data as well as data 
that the Department had reason to believe or suspect were distorted. 
The Department also corrected a clerical error in the programming used 
to calculate the margin for ZMC. As a result of the Remand Results, the 
antidumping duty rate for Luoyang was decreased from 4.37 to 3.85 
percent. The antidumping duty rate for ZMC was decreased from 7.37 to 
0.00. The antidumping duty rate for CMC was decreased from 0.82 to 0.78 
percent. The antidumping duty rate for Wafangdian and the PRC-wide rate 
were unchanged from the TRBs XII Final Results.
    On January 21, 2005, the CIT affirmed the Department's findings in 
the Remand Results. Specifically, the CIT upheld the Department's 
explanation of what constitutes the ``best available information'' with 
regard to the surrogate values the Department chose for wooden cases 
and for the steel used to produce rollers; the Department's application 
of the separate rates test; the Department's decision to not revoke the 
antidumping order for ZMC; and, the Department's practice of using 
other producers' factors data to calculate Premier's normal value. See 
Luoyang Bearing Factory v. United States, Slip Op. 05-3 (CIT January 
21, 2005).
    On February 16, 2005, consistent with the decision of the United 
States Court of Appeals for the Federal Circuit (``Federal Circuit'') 
in Timken Co. v. United States, 893 F. 2d 337 (Fed. Cir. 1990) 
(``Timken''), the Department notified the public that the CIT's 
decision in Luoyang Bearing was ``not in harmony'' with the TRBs XII 
Final Results. See Notice of Court Decision and Suspension of 
Liquidation: Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, from the People's Republic of China, 70 FR 7925 (February 
16, 2005) (``Timken Notice''). No party appealed the CIT's decision. As 
there is now a final and conclusive court decision in this action, we 
are amending our final results of review and we will instruct the U.S. 
Customs and Border Protection (``CBP'') to liquidate entries subject to 
this review.

Amendment to the Final Results

    Pursuant to section 516A(e) of the Tariff Act of 1930, as amended 
(``the Act''), because no further appeals have been filed and there is 
now a final and

[[Page 19422]]

conclusive decision in the court proceeding, we are amending the final 
results of administrative review of the antidumping order on tapered 
roller bearings and parts thereof, finished and unfinished, from the 
PRC for the period June 1, 1998, through May 31, 1999. The revised 
weight-averaged dumping margins are as follows:

------------------------------------------------------------------------
                                                                 Margin
                           Company                             (percent)
------------------------------------------------------------------------
ZHEJIANG MACHINERY IMPORT AND EXPORT CORP....................       0.00
LUOYANG BEARING CORPORATION..................................       3.85
CHINA NATIONAL MACHINERY I/E CORP............................       0.78
PREMIER BEARING AND EQUIPMENT, LTD...........................       7.36
WAFANGDIAN BEARING FACTORY...................................       0.00
------------------------------------------------------------------------

    The Department will issue appraisement instructions directly to the 
CBP. The Department will instruct CBP to liquidate relevant entries 
covering the subject merchandise effective the date of publication of 
this notice.
    This notice is issued and published in accordance with section 
751(a)(1) of the Act.

    Dated: April 7, 2005.
Joesph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-1740 Filed 4-12-05; 8:45 am]
BILLING CODE 3510-DS-S

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