Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, from the People's Republic of China: Final Results of 2005-2006 Administrative Review and Partial Rescission of Review, 56724-56726 [E7-19659]
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56724
Federal Register / Vol. 72, No. 192 / Thursday, October 4, 2007 / Notices
forged stainless steel flanges
manufactured and exported by Hot
Metal must continue to post cash
deposits of estimated antidumping
duties on each entry of subject
merchandise (i.e., forged stainless steel
flanges) at the current all–others rate of
162.14 percent.
Interested parties may submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305 and
351.306.
This initiation and this notice are
issued and published in accordance
with section 751(a)(2)(B) of the Act and
sections 351.214 and 351.221(c)(1)(i) of
the Department’s regulations.
Dated: September 28, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–19660 Filed 10–3–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–601]
Tapered Roller Bearings and Parts
Thereof, Finished or Unfinished, from
the People’s Republic of China: Final
Results of 2005–2006 Administrative
Review and Partial Rescission of
Review
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 March 26, 2007. The
period of review (‘‘POR’’) is June 1,
2005, through May 31, 2006. We invited
interested parties to comment on our
preliminary results. Based on our
analysis of the comments received, we
have made changes to our preliminary
results. 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: October 4, 2007.
FOR FURTHER INFORMATION CONTACT: Paul
Stolz, 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) 482–4474.
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AGENCY:
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16:20 Oct 03, 2007
Jkt 214001
SUPPLEMENTARY INFORMATION:
Background
On March 26, 2007, the Department
published its preliminary results. See
Tapered Roller Bearings and Parts
Thereof, Finished or Unfinished, from
the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review and Notice
of Rescission in Part and Intent to
Rescind in Part, 72 FR 14078 (March 26,
2007) (‘‘Preliminary Results’’). On
March 30, 2007, the Timken Company
(i.e., Petitioner) submitted a case brief.
On April 25, 2007, Peer Bearing
Company–Changshan (‘‘CPZ’’)
submitted a case brief. On April 30,
2007, Petitioner and CPZ each
submitted a rebuttal brief.1 Yantai
Timken Company Limited (‘‘Yantai’’),
Chin Jun Industrial Ltd. (‘‘Chin Jun’’),
and Hebei Longsheng Metals & Minerals
Trade Co., Ltd. (‘‘Hebei’’) did not submit
case briefs or rebuttal briefs. In the
Preliminary Results we preliminarily
rescinded the review with respect to
Chin Jun and Hebei. No interested party
requested a hearing.
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 the 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 2, 8483.20.40,
1 Yantai withdrew its request for review within
the applicable deadline on September 6, 2006,
stating that it did not intend to participate further
in the review. However, Koyo Corporation of
U.S.A., a U.S. producer of TRBs, also requested a
review of Yantai. Therefore, the Department did not
rescind the review of Yantai.
2 In the preceding POR, Petitioner argued that in
1995 HTSUS subheading 8482.99.30, included in
the scope description, was split and replaced by
HTSUS 8482.99.15 for cups and other rings (cones),
and HTSUS 8482.99.45 for other TRBs parts. The
Department agreed and stated that ‘‘ . . . for the final
results, the Department will use HTSUS 8482.99.15
for cups and other rings (cones) and HTSUS
8482.99.45 for other parts of TRBs. See 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, 71 FR 75936
(December 19, 2006), and accompanying Issues and
Decision Memorandum at Comment 1. The
Department inadvertently failed to reflect this
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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 in accordance
with 19 CFR 351.213(d)(3) and with
respect to Heibei in accordance with 19
CFR 351.213(d)(1). Chin Jun reported
that it had no sales or exports of subject
merchandise to the United States during
the POR. Hebei withdrew its request for
review within the applicable deadline.
No other party requested a review of
Hebei. See Preliminary Results, 72 FR at
14078. We reviewed customs import
data and found no evidence that Chin
Jun had any shipments of subject
merchandise during the POR. In
addition, on February 28, 2007, we
made a ‘‘No Shipments Inquiry’’ to U.S.
Customs and Border Protection (‘‘CBP’’)
stating that records at the Department
did not evidence exports of subject
merchandise by Chin Jun during the
POR. We asked CBP to notify us within
ten days if CBP ‘‘has contrary
information and is suspending
liquidation’’ of subject merchandise
exported by Chin Jun. CBP did not reply
with contrary information.
Therefore, we are rescinding the
administrative review with respect to
Chin Jun and Hebei.
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 19th 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
September 24, 2007 (‘‘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
Decision Memorandum is attached to
this notice as an appendix. The Issues
and Decision Memorandum is a public
change in the Preliminary Results and in these final
results is replacing HTSUS 8482.99.30 with HTSUS
8482.99.15 and HTSUS 8482.99.45 in the scope
description. See the concurrent Issues and Decision
Memorandum at Comment 1 for further discussion.
E:\FR\FM\04OCN1.SGM
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Federal Register / Vol. 72, No. 192 / Thursday, October 4, 2007 / Notices
document which is on file in the Central
Records Unit 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.
pwalker on PROD1PC71 with NOTICES
Application of Total Adverse Facts
Available
CPZ and Yantai did not submit
responses to the Department’s
questionnaires issued in this segment of
the proceeding. In the Preliminary
Results, the Department stated that
because CPZ and Yantai failed to submit
questionnaire responses, they had not
demonstrated their entitlement to a
separate rate and were therefore subject
to the PRC–wide rate. See Preliminary
Results, 72 FR 14079. Furthermore, we
found in the Preliminary Results that
because the PRC–wide entity failed to
respond to the Department’s
questionnaires, withheld or failed to
provide information in a timely manner
or in the form or manner requested by
the Department, or otherwise impeded
the proceeding, it was appropriate to
apply a dumping margin for the PRC–
wide entity using facts otherwise
available on the record and that an
adverse inference was appropriate. See
Preliminary Results 72 FR at 14079. We
continue to find that the application of
the country–wide rate of 60.95 percent,
as total adverse facts available (‘‘AFA’’),
is appropriate. See the Issues and
Decision Memorandum at Comment 3
for further discussion.
Corroboration of Secondary
Information
Section 776(c) of the Act requries that
the Department corroborate, to the
extent practicable, a figure which it
applies as facts available. The
Department corroborated the AFA
country–wide rate of 60.95 percent in
the Preliminary Results. The
Department found that this rate has
probative value because it is reliable
and relevant. In the Preliminary Results,
we found the 60.95 percent rate to be
reliable because it was calculated for a
respondent company in the final results
of redetermination on remand from the
Court of International Trade, for the
seventh administrative review of TRBs
(covering the period June 1, 1993, to
May 31, 1994). See Preliminary Results,
72 FR at14080 (citing Tapered Roller
Bearings and Parts Thereof, Finished
and Unfinished From the People’s
Republic of China; Amended Final
Results of Antidumping Duty
Administrative Review, 67 FR 79902
(December 31, 2002), and Tapered
Roller Bearings and Parts Thereof,
VerDate Aug<31>2005
16:20 Oct 03, 2007
Jkt 214001
Finished and Unfinished, from the
People’s Republic of China; Amended
Final Results of Antidumping Duty
Administrative Review, 69 FR 10423
(March 5, 2004)). In the Preliminary
Results, the Department determined the
60.95 percent rate was relevant because
no record evidence called it into
question. See Preliminary Results, 72 FR
at 46963. Further, in our recently
completed final results for the 2003–
2004 review of TRB’s, we corroborated
and applied the 60.95 percent rate to the
PRC–wide entity as AFA. See Tapered
Roller Bearings and Parts Thereof,
Finished and Unfinished, from the
People’s Republic of China: Preliminary
Results of Antidumping Duty
Administrative Review and Notice of
Intent to Rescind in Part, 70 FR 39744
(July 11, 2005); Tapered Roller Bearings
and Parts Thereof, Finished and
Unfinished, from the People’s Republic
of China: Final Results of 2003–2004
Administrative Review and Partial
Rescission of Review, 71 FR 2517
(January 17, 2006); and Tapered Roller
Bearings and Parts Thereof, Finished
and Unfinished from the People’s
Republic of China: Amended Final
Results of Administrative Review, 71 FR
9521 (February 24, 2006). For the final
results, we continue to find that the
60.95 percent rate is reliable and
relevant and therefore corroborated. See
the Issues and Decision Memorandum at
Comment 3 for further discussion.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we revised the scope
description to account for updated
HTSUS numbers. See the Issues and
Decisoin Memorandum at Comment 1
for further discussion.
Final Results of Review
We determine that the following
dumping margin exists for the period
June 1, 2005, through May 31, 2006:
TRBS FROM THE PRC
Exporter
Weighted–Average
Margin (Percent)
PRC–Wide Entity ..........
60.95
Assessment Rates
The Department intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of administrative review.
Cash Deposit Requirements
The following cash deposit rates will
be effective upon publication of the
final results of this administrative
review for all shipments of the subject
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56725
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)
the cash deposit rate for previously
investigated or reviewed PRC and non–
PRC exporters who received a separate
rate in a prior segment of the proceeding
(which were not reviewed in this
segment of the proceeding) will
continue to be the rate assigned in that
segment of the proceeding; (2) the cash
deposit rate for all PRC exporters of
subject merchandise that have not been
found to be entitled to a separate rate,
the cash deposit rate will be the PRC–
wide rate of 60.95 percent; and (3) the
cash deposit rate for all non–PRC
exporters of subject merchandise which
have not received their own rate, will be
the rate applicable to the PRC exporters
that supplied that non–PRC exporter.
These 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 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 777(i)(1) of
the Act.
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56726
Federal Register / Vol. 72, No. 192 / Thursday, October 4, 2007 / Notices
Dated: September 24, 2007.
Joseph A. Spetrini,
Deputy Assistant Secretary for Import
Administration.
APPENDIX
List of Comments and Issues in the
Decision Memorandum
Comment 1: Outdated TRBs Tariff
Classification
Comment 2: CPZ’s Separate Rate Status
Comment 3: The Country–wide Rate
[FR Doc. E7–19659 Filed 10–3–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
Notice of Application for an
Export Trade Certificate of Review from
Global Express Trading, LLC.
ACTION:
pwalker on PROD1PC71 with NOTICES
SUMMARY: Export Trading Company
Affairs (‘‘ETCA’’), International Trade
Administration, Department of
Commerce, has received an application
for an Export Trade Certificate of
Review (‘‘Certificate’’). This notice
summarizes the conduct for which
certification is sought and requests
comments relevant to whether the
Certificate should be issued.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Anspacher, Director, Export
Trading Company Affairs, International
Trade Administration, by telephone at
(202) 482–5131 (this is not a toll-free
number) or E-mail at oetca@ita.doc.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) authorizes the
Secretary of Commerce to issue Export
Trade Certificates of Review. An Export
Trade Certificate of Review protects the
holder and the members identified in
the Certificate from state and federal
government antitrust actions and from
private treble damage antitrust actions
for the export conduct specified in the
Certificate and carried out in
compliance with its terms and
conditions. Section 302(b)(1) of the
Export Trading Company Act of 1982
and 15 CFR 325.6(a) require the
Secretary to publish a notice in the
Federal Register identifying the
applicant and summarizing its proposed
export conduct.
Request for Public Comments
Interested parties may submit written
comments relevant to the determination
whether a Certificate should be issued.
If the comments include any privileged
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16:20 Oct 03, 2007
Jkt 214001
or confidential business information, it
must be clearly marked and a
nonconfidential version of the
comments (identified as such) should be
included. Any comments not marked
privileged or confidential business
information will be deemed to be
nonconfidential. An original and five (5)
copies, plus two (2) copies of the
nonconfidential version, should be
submitted no later than 20 days after the
date of this notice to: Export Trading
Company Affairs, International Trade
Administration, U.S. Department of
Commerce, Room 7021–B H,
Washington, DC 20230. Information
submitted by any person is exempt from
disclosure under the Freedom of
Information Act (5 U.S.C. 552).
However, nonconfidential versions of
the comments will be made available to
the applicant if necessary for
determining whether or not to issue the
Certificate. Comments should refer to
this application as ‘‘Export Trade
Certificate of Review, application
number 07–00003.’’ A summary of the
application follows.
Summary of the Application
Applicant: Global Express Trading,
LLC. (‘‘GET’’), 13572 Turtle Marsh Loop
Suite 224, Orlando, Florida 32837.
Contact: Josilyn Mosquera, General
Manager, Telephone: (407) 575–0104.
Application No.: 07–00003.
Date Deemed Submitted: September
24, 2007.
Members (in addition to applicant):
None.
GET seeks a Certificate to cover the
following specific Export Trade, Export
Markets, and Export Trade Activities
and Methods of Operations.
Export Trade
1. Products
All Products.
2. Services
All Services.
3. Technology Rights
Technology rights, including, but not
limited to, patents, trademarks,
copyrights, and trade secrets, that relate
to Products and Services.
4. Export Trade Facilitation Services (as
they Relate to the Export of Products,
Services, and Technology Rights)
Export Trade Facilitation Services,
including, but not limited to,
professional services in the areas of
government relations and assistance
with state and federal programs; foreign
trade and business protocol; consulting;
market research and analysis; collection
of information on trade opportunities;
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marketing; negotiations; joint ventures;
shipping; export management; export
licensing; advertising; documentation
and services related to compliance with
customs requirements; insurance and
financing; trade show exhibitions;
organizational development;
management and labor strategies;
transfer of technology; transportation
services; and facilitating the formation
of shippers’ associations.
Export Markets
The Export Markets include all parts
of the world except the United States
(the fifty states of the United States, the
District of Columbia, the
Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam,
the Commonwealth of the Northern
Mariana Islands, and the Trust Territory
of the Pacific Islands).
Export Trade Activities and Methods of
Operation
1. With respect to the sale of Products
and Services, licensing of Technology
Rights and provision of Export Trade
Facilitation Services, Applicant, subject
to the terms and conditions listed
below, may:
a. Provide and/or arrange for the
provisions of Export Trade Facilitation
Services;
b. Engage in promotional and
marketing activities and collect
information on trade opportunities in
the Export Markets and distribute such
information to clients;
c. Enter into exclusive and/or nonexclusive licensing and/or sales
agreements with Suppliers for the
export of Products, Services, and/or
Technology Rights to Export Markets;
d. Enter into exclusive and/or nonexclusive agreements with distributors
and/or sales representatives in Export
Markets;
e. Allocate export sales or divide
Export Markets among Suppliers for the
sale and/or licensing of Products,
Services, and/or Technology Rights;
f. Allocate export orders among
Suppliers;
g. Establish the price of Products,
Services, and/or Technology Rights for
sales and/or licensing in Export
Markets;
h. Negotiate, enter into, and/or
manage licensing agreements for the
export of Technology Rights; and
i. Enter into contracts for shipping.
2. Applicant and individual Suppliers
may regularly exchange information on
a one-on-one basis regarding that
Supplier’s inventories and near-term
production schedules in order that the
availability of Products for export can be
determined and effectively coordinated
E:\FR\FM\04OCN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 192 (Thursday, October 4, 2007)]
[Notices]
[Pages 56724-56726]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19659]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-601]
Tapered Roller Bearings and Parts Thereof, Finished or
Unfinished, from the People's Republic of China: Final Results of 2005-
2006 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
March 26, 2007. The period of review (``POR'') is June 1, 2005, through
May 31, 2006. We invited interested parties to comment on our
preliminary results. Based on our analysis of the comments received, we
have made changes to our preliminary results. 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: October 4, 2007.
FOR FURTHER INFORMATION CONTACT: Paul Stolz, 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) 482-4474.
SUPPLEMENTARY INFORMATION:
Background
On March 26, 2007, the Department published its preliminary
results. See Tapered Roller Bearings and Parts Thereof, Finished or
Unfinished, from the People's Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and Notice of Rescission in Part
and Intent to Rescind in Part, 72 FR 14078 (March 26, 2007)
(``Preliminary Results''). On March 30, 2007, the Timken Company (i.e.,
Petitioner) submitted a case brief. On April 25, 2007, Peer Bearing
Company-Changshan (``CPZ'') submitted a case brief. On April 30, 2007,
Petitioner and CPZ each submitted a rebuttal brief.\1\ Yantai Timken
Company Limited (``Yantai''), Chin Jun Industrial Ltd. (``Chin Jun''),
and Hebei Longsheng Metals & Minerals Trade Co., Ltd. (``Hebei'') did
not submit case briefs or rebuttal briefs. In the Preliminary Results
we preliminarily rescinded the review with respect to Chin Jun and
Hebei. No interested party requested a hearing.
---------------------------------------------------------------------------
\1\ Yantai withdrew its request for review within the applicable
deadline on September 6, 2006, stating that it did not intend to
participate further in the review. However, Koyo Corporation of
U.S.A., a U.S. producer of TRBs, also requested a review of Yantai.
Therefore, the Department did not rescind the review of Yantai.
---------------------------------------------------------------------------
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 the 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 \2\,
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.
---------------------------------------------------------------------------
\2\ In the preceding POR, Petitioner argued that in 1995 HTSUS
subheading 8482.99.30, included in the scope description, was split
and replaced by HTSUS 8482.99.15 for cups and other rings (cones),
and HTSUS 8482.99.45 for other TRBs parts. The Department agreed and
stated that `` . . . for the final results, the Department will use
HTSUS 8482.99.15 for cups and other rings (cones) and HTSUS
8482.99.45 for other parts of TRBs. See 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, 71 FR 75936 (December 19, 2006), and
accompanying Issues and Decision Memorandum at Comment 1. The
Department inadvertently failed to reflect this change in the
Preliminary Results and in these final results is replacing HTSUS
8482.99.30 with HTSUS 8482.99.15 and HTSUS 8482.99.45 in the scope
description. See the concurrent Issues and Decision Memorandum at
Comment 1 for further discussion.
---------------------------------------------------------------------------
Rescission of Review
In our Preliminary Results, we stated we preliminarily rescinded
the review with respect to Chin Jun in accordance with 19 CFR
351.213(d)(3) and with respect to Heibei in accordance with 19 CFR
351.213(d)(1). Chin Jun reported that it had no sales or exports of
subject merchandise to the United States during the POR. Hebei withdrew
its request for review within the applicable deadline. No other party
requested a review of Hebei. See Preliminary Results, 72 FR at 14078.
We reviewed customs import data and found no evidence that Chin Jun had
any shipments of subject merchandise during the POR. In addition, on
February 28, 2007, we made a ``No Shipments Inquiry'' to U.S. Customs
and Border Protection (``CBP'') stating that records at the Department
did not evidence exports of subject merchandise by Chin Jun during the
POR. We asked CBP to notify us within ten days if CBP ``has contrary
information and is suspending liquidation'' of subject merchandise
exported by Chin Jun. CBP did not reply with contrary information.
Therefore, we are rescinding the administrative review with respect
to Chin Jun and Hebei.
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 19th 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 September 24, 2007 (``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 Decision
Memorandum is attached to this notice as an appendix. The Issues and
Decision Memorandum is a public
[[Page 56725]]
document which is on file in the Central Records Unit 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.
Application of Total Adverse Facts Available
CPZ and Yantai did not submit responses to the Department's
questionnaires issued in this segment of the proceeding. In the
Preliminary Results, the Department stated that because CPZ and Yantai
failed to submit questionnaire responses, they had not demonstrated
their entitlement to a separate rate and were therefore subject to the
PRC-wide rate. See Preliminary Results, 72 FR 14079. Furthermore, we
found in the Preliminary Results that because the PRC-wide entity
failed to respond to the Department's questionnaires, withheld or
failed to provide information in a timely manner or in the form or
manner requested by the Department, or otherwise impeded the
proceeding, it was appropriate to apply a dumping margin for the PRC-
wide entity using facts otherwise available on the record and that an
adverse inference was appropriate. See Preliminary Results 72 FR at
14079. We continue to find that the application of the country-wide
rate of 60.95 percent, as total adverse facts available (``AFA''), is
appropriate. See the Issues and Decision Memorandum at Comment 3 for
further discussion.
Corroboration of Secondary Information
Section 776(c) of the Act requries that the Department corroborate,
to the extent practicable, a figure which it applies as facts
available. The Department corroborated the AFA country-wide rate of
60.95 percent in the Preliminary Results. The Department found that
this rate has probative value because it is reliable and relevant. In
the Preliminary Results, we found the 60.95 percent rate to be reliable
because it was calculated for a respondent company in the final results
of redetermination on remand from the Court of International Trade, for
the seventh administrative review of TRBs (covering the period June 1,
1993, to May 31, 1994). See Preliminary Results, 72 FR at14080 (citing
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished From
the People's Republic of China; Amended Final Results of Antidumping
Duty Administrative Review, 67 FR 79902 (December 31, 2002), and
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished,
from the People's Republic of China; Amended Final Results of
Antidumping Duty Administrative Review, 69 FR 10423 (March 5, 2004)).
In the Preliminary Results, the Department determined the 60.95 percent
rate was relevant because no record evidence called it into question.
See Preliminary Results, 72 FR at 46963. Further, in our recently
completed final results for the 2003-2004 review of TRB's, we
corroborated and applied the 60.95 percent rate to the PRC-wide entity
as AFA. See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, from the People's Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and Notice of Intent to Rescind
in Part, 70 FR 39744 (July 11, 2005); Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished, from the People's Republic of China:
Final Results of 2003-2004 Administrative Review and Partial Rescission
of Review, 71 FR 2517 (January 17, 2006); and Tapered Roller Bearings
and Parts Thereof, Finished and Unfinished from the People's Republic
of China: Amended Final Results of Administrative Review, 71 FR 9521
(February 24, 2006). For the final results, we continue to find that
the 60.95 percent rate is reliable and relevant and therefore
corroborated. See the Issues and Decision Memorandum at Comment 3 for
further discussion.
Changes Since the Preliminary Results
Based on our analysis of comments received, we revised the scope
description to account for updated HTSUS numbers. See the Issues and
Decisoin Memorandum at Comment 1 for further discussion.
Final Results of Review
We determine that the following dumping margin exists for the
period June 1, 2005, through May 31, 2006:
TRBs from the PRC
------------------------------------------------------------------------
Weighted-Average
Exporter Margin (Percent)
------------------------------------------------------------------------
PRC-Wide Entity..................................... 60.95
------------------------------------------------------------------------
Assessment Rates
The Department intends to issue assessment instructions to CBP 15
days after the date of publication of these final results of
administrative review.
Cash Deposit Requirements
The following cash deposit rates will be effective upon publication
of the 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) the cash deposit rate for
previously investigated or reviewed PRC and non-PRC exporters who
received a separate rate in a prior segment of the proceeding (which
were not reviewed in this segment of the proceeding) will continue to
be the rate assigned in that segment of the proceeding; (2) the cash
deposit rate for all PRC exporters of subject merchandise that have not
been found to be entitled to a separate rate, the cash deposit rate
will be the PRC-wide rate of 60.95 percent; and (3) the cash deposit
rate for all non-PRC exporters of subject merchandise which have not
received their own rate, will be the rate applicable to the PRC
exporters that supplied that non-PRC exporter. These 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 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 777(i)(1) of the Act.
[[Page 56726]]
Dated: September 24, 2007.
Joseph A. Spetrini,
Deputy Assistant Secretary for Import Administration.
APPENDIX
List of Comments and Issues in the Decision Memorandum
Comment 1: Outdated TRBs Tariff Classification
Comment 2: CPZ's Separate Rate Status
Comment 3: The Country-wide Rate
[FR Doc. E7-19659 Filed 10-3-07; 8:45 am]
BILLING CODE 3510-DS-S
