Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China: Final Results of 2004-2005 Administrative Review and Partial Rescission of Review, 75936-75937 [E6-21632]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 71, Number 243 (Tuesday, December 19, 2006)]
[Notices]
[Pages 75936-75937]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21632]


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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 2004-
2005 Administrative Review and Partial Rescission of Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') published its 
preliminary results of administrative review of the antidumping duty 
order on tapered roller bearings and parts thereof, finished and 
unfinished (``TRBs''), from the People's Republic of China (``PRC'') on 
July 14, 2006. The period of review (``POR'') is June 1, 2004, through 
May 31, 2005. We invited interested parties to comment on our 
preliminary results. Based on our analysis of the comments received, we 
have made changes to our margin calculations. Therefore, the final 
results differ from the preliminary results. The final dumping margins 
for this review are listed in the ``Final Results of Review'' section 
below.

EFFECTIVE DATE: December 19, 2006.

FOR FURTHER INFORMATION CONTACT: Eugene Degnan, 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) 482-0414.

SUPPLEMENTARY INFORMATION:

Background

    On July 14, 2006, the Department published its preliminary results. 
See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, 
from the People's Republic of China: Preliminary Results of 2003-2004 
Antidumping Administrative Review, and Notice of Intent to Rescind in 
Part, 71 FR 40069 (July 14, 2006) (``Preliminary Results''). On August 
11, 2006, The Timken Company (i.e., Petitioner) submitted a case brief. 
On August 18, 2006, China National Machinery Import & Export 
Corporation (``CMC'') submitted a rebuttal brief.
    On November 16, 2006, the Department published a notice extending 
the time limit for the final results of review until December 11, 2006. 
See Notice of Extension of Final Results of the 2003-2004 
Administrative Review of Tapered Roller Bearings and Parts Thereof, 
Finished or Unfinished from the People's Republic of China, 71 FR 66750 
(November 16, 2006). We have conducted this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended 
(``the Act''), and 19 CFR 351.213.

Scope of Order

    Merchandise covered by this order is TRBs 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. This merchandise is currently classifiable under 
the Harmonized Tariff Schedule of the United States (``HTSUS'') item 
numbers 8482.20.00, 8482.91.00.50, 8482.99.15, 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.

Rescission of Review

    In our preliminary results, we stated we preliminarily rescinded 
the review with respect to Chin Jun Industrial Ltd. (``Chin Jun''), 
Peer Bearing Company--Changshan (``CPZ''), Weihai Machinery Holding 
(Group) Company, Ltd. (``Weihai Machinery''), and Zhejiang Machinery 
Import & Export Corp (``ZMC'') in accordance with 19 CFR 351.213(d)(1). 
Chin Jun, CPZ, and ZMC had all reported that they had either no sales 
or no exports to the United States during the POR and we had no 
evidence of shipments to the United States from these companies during 
the POR. See Preliminary Results, 71 FR at 40071. Additionally, in our 
preliminary results, for Weihai Machinery, we stated that the customs 
inquiry provided no evidence that Weihai Machinery had any shipments of 
subject merchandise during the POR and information on the record 
indicated that Weihai Machinery had no shipments and may be out of 
business, but indicated that we would continue to pursue this issue for 
the final results.
    On July 13, 2006, the Department received confirmation from the 
Weihai Administration for Industry and Commerce that Weihai Machinery 
terminated operations on or before December 16, 2003. See Memo to the 
file: Weihai Machinery Industry Supply Co., Ltd.: Cancellation of 
Company Registration, dated November 29, 2006. Accordingly, we are 
rescinding this review with respect to Weihai Machinery. In addition, 
since we have received no new information since the preliminary results 
that contradicts the decision made in the preliminary results with 
respect to Chin Jun, CPZ or ZMC, we are rescinding the administrative 
review with respect to these companies as well.

Analysis of Comments Received

    All issues raised in the post-preliminary comments by parties in 
this review are addressed in the memorandum from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration, ``Issues and 
Decision Memorandum for the Final Results of the 18th Administrative 
Review of the Antidumping Duty Order on Tapered Roller Bearings and 
Parts Thereof, Finished and Unfinished, from the People's Republic of 
China,'' dated December 11, 2006 (``Issues and Decision Memorandum''), 
which is hereby adopted by this notice. A list of the issues which 
parties raised and to which we responded in the Issues and

[[Page 75937]]

Decision Memorandum is attached to this notice as an appendix. The 
Issues and Decision Memorandum is a public document which is on file in 
the Central Records Unit (``CRU'') in room B-099 in the main Department 
building, and is accessible on the Web at https://ia.ita.doc.gov/frn. 
The paper copy and electronic version of the memorandum are identical 
in content.

Surrogate Country

    In the Preliminary Results, we stated that we treat the PRC as a 
non-market economy (``NME'') country, and therefore, we calculated 
normal value in accordance with section 773(c) of the Act which applies 
to NME countries. Also, we stated that we had selected India as the 
appropriate surrogate country to use in this review for the following 
reasons: (1) It is a significant producer of comparable merchandise; 
and (2) provides contemporaneous publicly available data to value the 
factors of production, pursuant to section 773(c)(4) of the Act. See 
Preliminary Results. For the final results, we made no changes to our 
findings with respect to the selection of a surrogate country.

Separate Rates

    In proceedings involving NME countries, the Department begins with 
a rebuttable presumption that all companies within the country are 
subject to government control and, thus, should be assigned a single 
antidumping duty deposit rate. It is the Department's policy to assign 
all exporters of merchandise subject to review in an NME country this 
single rate unless an exporter can demonstrate that it is free of de 
jure and de facto control over its export decisions, so as to be 
entitled to a separate rate.
    In the Preliminary Results, we found that CMC demonstrated its 
eligibility for separate-rate status. For the final results, we 
continue to find that the evidence placed on the record of this 
administrative review by CMC demonstrates an absence of government 
control, both in law and in fact, with respect to its exports of the 
merchandise under review and thus determine CMC is eligible for 
separate-rate status.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made changes in 
the margin calculations for CMC. See Issues and Decision Memorandum at 
Comments 2 and 3.
 For these final results, we have changed the surrogate value 
ratio calculations derived from each of the two surrogate companies. 
For ratios derived from SKF India Limited, we have excluded the line 
item ``consumption of traded goods'' from the denominator of the 
factory overhead ratio. However, we continue to include the line item 
``consumption of traded goods'' in the denominator of the selling, 
general, and administrative expenses (``SG&A''), profit and interest 
ratios. For ratios derived from Timken India Limited, we have added the 
line item ``purchase of products for resale'' to the denominators of 
the SG&A, profit, and interest ratios.
 For the profit ratio derived from Timken India Limited, we 
corrected a clerical error to use the value from ``profit before tax'' 
in this calculation.

Final Results of Review

    We determine that the following dumping margins exist for the 
period June 1, 2004, through May 31, 2005:

                            TRBs from the PRC
------------------------------------------------------------------------
                                                            Weighted-
             Producer/Manufacturer/Exporter               Average Margin
                                                            (Percent)
------------------------------------------------------------------------
China National Machinery Import & Export Corporation...           0.00
------------------------------------------------------------------------

Assessment Rates

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (``CBP'') 15 days after the date of 
publication of these final results of administrative review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of TRBs from the PRC entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) For CMC, the cash deposit 
rate will be zero; (2) for previously reviewed or investigated 
companies not listed above that have a separate rate, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recent period; (3) the cash deposit rate for all other PRC 
exporters will be 60.95 percent, the current PRC-wide rate; and (4) the 
cash deposit rate for all non-PRC exporters will be the rate applicable 
to the PRC exporter that supplied that exporter. These deposit 
requirements, when imposed, shall remain in effect until publication of 
the final results of the next administrative review.

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 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 this determination and notice in 
accordance with sections 751(a)(1) and 77(i)(1) of the Act.

    Dated: December 11, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.

Appendix

List of Comments and Issues in the Decision Memorandum
Comment 1: Outdated TRBs tariff classification
Comment 2: Remove ``consumption of Traded Goods'' from surrogate 
financial ratio
Comment 3: Ministerial error on Timken India Limited's ``profit before 
tax''
[FR Doc. E6-21632 Filed 12-18-06; 8:45 am]
BILLING CODE 3510-DS-S