Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 3987-3990 [E9-1219]
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Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices
Estimated Total Annual Cost: $0.
C. Request To Amend an Investment
Award and Project Service Maps
(OMBControl No. 0610–0102)
I. Abstract
A recipient must submit a written
request to EDA to amend an investment
award and provide such information
and documentation as EDA deems
necessary to determine the merit of
altering the terms of an award (see 13
CFR 302.7(a) of EDA’s regulations). EDA
may require a recipient to submit a
project service map and information
from which to determine whether
services are provided to all segments of
the region being assisted (see CFR
302.16(c) of EDA’s regulations).
II. Method of Collection
Paper report.
III. Data
Agency Form Number: None.
Type of Review: Ad hoc submission
(on an as-needed basis).
Affected Public: Current recipients of
EDA assistance, to include (1) Cities or
other political subdivisions of a state,
including a special purpose unit of state
or local government engaged in
economic or infrastructure development
activities, or a consortium of political
subdivisions; (2) states; (3) institutions
of higher education or a consortia of
institutions of higher education; (4)
public or private non-profit
organizations or associations; (5) District
Organizations; (6) Indian Tribes or a
consortia of Indian Tribes; and (7) (for
training, research, and technical
assistance awards only) individuals and
for-profit businesses.
Estimated Number of Annual
Responses: 600 requests for
amendments to construction awards, 30
requests for amendments to nonconstruction awards, 2 project service
maps.
Estimated Time Per Response: 2 hours
per request for an amendment to a
construction award, 1 hour per request
for an amendment to a non-construction
award, 6 hours for a project service map.
Estimated Total Annual Burden
Hours: 1,242.
Estimated Total Annual Cost: $0.
D. Property Management (OMB Control
No. 0610–0103)
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I. Abstract
A recipient must request, in writing,
EDA’s approval to undertake an
incidental use of property acquired or
improved with EDA investment
assistance (see 13 CFR 314.3 of EDA’s
regulations). This collection of
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information allows EDA to determine
whether an incidental use of property
acquired or improved with EDA
investment assistance is appropriate. If
a recipient wishes for EDA to release its
real property or tangible personal
property interests before the expiration
of the property’s estimated useful life,
the recipient must submit a written
request to EDA and disclose to EDA the
intended future use of the real property
or the tangible personal property for
which the release is requested (see 13
CFR 314.10 of EDA’s regulations). This
collection of information allows EDA to
determine whether to release its real
property or tangible personal property
interests.
II. Method of Collection
Paper Report. Alternatively, EDA may
approve an electronic submission.
III. Data
Agency Form Number: None.
Type of Review: Ad hoc submission
(only when a recipient makes a request).
Affected Public: Current or past
recipients of EDA construction (Public
Works or Economic Adjustment)
assistance, to include (1) Cities or other
political subdivisions of a state,
including a special purpose unit of state
or local government engaged in
economic or infrastructure development
activities, or a consortium of political
subdivisions; (2) states; (3) institutions
of higher education or a consortium of
institutions of higher education; (4)
public or private non-profit
organizations or associations; (5) District
Organizations; and (6) Indian Tribes or
a consortia of Indian Tribes.
Estimated Number of Annual
Responses: 54 incidental use requests;
96 for requests to release EDA’s property
interest.
Estimated Time Per Response: 45
minutes.
Estimated Total Annual Burden
Hours: 113.
Estimated Total Annual Cost: $0.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
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3987
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: January 14, 2009.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E9–1129 Filed 1–21–09; 8:45 am]
BILLING CODE 3510–34–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
Correction: Adopted Proposal for
Available Alternative Site-Designation
and Management Framework
The Federal Register notice published
on January 12, 2009 (74 FR 1170–1173)
describing the proposal adopted by the
Foreign-Trade Zones Board for an
Alternative Site-Designation and
Management Framework is corrected as
follows. For the element numbered as
‘‘9’’ in the description of the final
proposal (regarding ‘‘sunset’’ limits on
magnet and usage-driven sites), the
third sentence of the paragraph should
read as follows: ‘‘However, each grantee
would have the option of proposing
permanent FTZ designation for one
magnet site and the FTZ Board could
take a range of factors into account in
determining the appropriate sunset
period for a given site (e.g., nature of the
site, public ownership of the site).’’
Dated: January 14, 2009.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E9–1113 Filed 1–21–09; 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:
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
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Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices
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
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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
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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 https://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:
• 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,
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Finished and Unfinished from the
People’s Republic of China,’’ dated
January 13, 2009 (‘‘Analysis
Memorandum’’)).
• We have granted byproduct offsets
for CPZ’s sales of steel scrap (See
Comment 2 and Analysis
Memorandum).
• 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).
• 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’’).
• We have revised the international
freight surrogate value to reflect
CPZ’s shipping terms (See
Comment 8 and FOP
Memorandum).
• We have revised the unit weight for
one of CPZ’s models (See Comment
9 and Analysis Memorandum).
• 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
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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
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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:
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exporters listed above, the cash deposit
rate will be the rates shown for those
Weighted–Average companies; 2) for previously
Producer/Exporter
Margin (Percent)
investigated or reviewed PRC and non–
PRC exporters not listed above that have
Peer Bearing Company
Changshan (CPZ) .....
92.84 separate rates, the cash deposit rate will
PRC–wide entity* ..........
92.84 continue to be the exporter–specific rate
published for the most recent period; 3)
*including Yantai Timken.
for all PRC exporters of subject
Assessment Rates
merchandise which have not been
found to be entitled to a separate rate,
The Department will determine, and
the cash deposit rate will be the PRC–
U.S. Customs and Border Protection
wide rate of 92.84 percent; and 4) for all
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries of
non–PRC exporters of subject
subject merchandise in accordance with merchandise which have not received
the final results of this review. For
their own rate, the cash deposit rate will
assessment purposes, we calculated
be the rate applicable to the PRC
exporter/importer- (or customer)
exporters that supplied that non–PRC
-specific assessment rates for
exporter. These deposit requirements
merchandise subject to this review.
shall remain in effect until further
Where appropriate, we calculated an ad notice.
valorem rate for each importer (or
customer) by dividing the total dumping Notification of Interested Parties
margins for reviewed sales to that party
This notice also serves as a final
by the total entered values associated
reminder to importers of their
with those transactions. For duty–
responsibility under 19 CFR
assessment rates calculated on this
351.402(f)(2) to file a certificate
basis, we will direct CBP to assess the
regarding the reimbursement of
resulting ad valorem rate against the
antidumping duties prior to liquidation
entered customs values for the subject
of the relevant entries during this
merchandise. Where appropriate, we
calculated a per–unit rate for each
review period. Failure to comply with
importer (or customer) by dividing the
this requirement could result in the
total dumping margins for reviewed
Secretary’s presumption that
sales to that party by the total sales
reimbursement of the antidumping
quantity associated with those
duties occurred and the subsequent
transactions. For duty–assessment rates
assessment of double antidumping
calculated on this basis, we will direct
duties.
CBP to assess the resulting per–unit rate
This notice also serves as a reminder
against the entered quantity of the
to parties subject to administrative
subject merchandise. Where an
protective orders (‘‘APOs’’) of their
importer- (or customer) -specific
responsibility concerning the return or
assessment rate is de minimis (i.e., less
destruction of proprietary information
than 0.50 percent), the Department will
disclosed under the APO in accordance
instruct CBP to assess that importer (or
with 19 CFR 351.305(a)(3), which
customer’s) entries of subject
continues to govern business
merchandise without regard to
proprietary information in this segment
antidumping duties. We intend to
of the proceeding. Timely written
instruct CBP to liquidate entries
notification of the return/destruction of
containing subject merchandise
exported by the PRC–wide entity at the
APO materials or conversion to judicial
PRC–wide rate we determine in the final protective order is hereby requested.
results of this review. The Department
Failure to comply with the regulations
intends to issue appropriate assessment and terms of an APO is a violation
instructions directly to CBP 15 days
which is subject to sanction.
after publication of the final results of
Disclosure
this review.
TRBS FROM THE PRC
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
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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.
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Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices
Dated: January 13, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
adoption of GUVD 04 as the official
civilian vertical datum for Guam should
do so by February 23, 2009.
[FR Doc. E9–1219 Filed 1–21–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Affirmation of Vertical Datum for
Surveying and Mapping Activities for
Guam
rmajette on PRODPC74 with NOTICES
AGENCY: National Geodetic Survey
(NGS), National Ocean Service (NOS),
National Oceanic and Atmospheric
Administration.
ACTION: Notice.
SUMMARY: This Notice announces a
decision by the Federal Geographic Data
Committee’s Federal Geodetic Control
Subcommittee, in accordance with the
Office of Management and Budget,
Circular A–16 (https://www.whitehouse.
gov/omb/circulars/a016/a016.html), to
affirm the Guam Vertical Datum of 2004
(GUVD 04) as the official civilian
vertical datum for surveying and
mapping activities for the island of
Guam performed or financed by the
Federal Government, and to the extent
practicable, legally allowable and
feasible, require that all Federal
agencies, with the exception of those
with specific military related
applications, using or producing vertical
height information undertake an orderly
transition to GUVD 04.
DATES: Individuals or organizations
wishing to submit comments on the
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14:47 Jan 21, 2009
Jkt 217001
Written comments should
be sent to the attention of David Doyle,
Chief Geodetic Surveyor, Office of the
National Geodetic Survey, National
Ocean Service (N/NGS2), 1315 EastWest Highway, #8815, Silver Spring,
Maryland 20910, fax 301–713–4324, or
via e-mail Dave.Doyle@noaa.gov.
ADDRESSES:
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’’)
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to David Doyle, Chief
Geodetic Surveyor, National Geodetic
Survey (N/NGS2), 1315 East-West
Highway, Silver Spring, MD 20910;
Phone: (301) 713–3178.
The
National Ocean Service (NOS), National
Geodetic Survey (NGS), has completed
the definition and implementation of
GUVD 04. GUVD 04 supersedes all
previously published height systems
determined by all Federal surveying and
mapping agencies, with the exception of
those specifically related to tidal datums
and/or military applications. GUVD 04
heights are the result of a mathematical
least squares general adjustment of the
vertical control portion of the National
Spatial Reference System (NSRS) and
are derived from approximately 132 km
of 1st-Order, Class II geodetic leveling
observations undertaken specifically for
this project. The basis for all GUVD 04
heights is Mean Sea Level, for the
National Tidal Datum Epoch 1983–
2001, as determined by the NOS Center
for Operational Oceanographic Products
and Services (CO–OPS), and published
for the National Water Levels
Observation Network (NWLON) bench
mark number 163 0000 TIDAL 4 (2.170
meters), located in Apra Harbor.
GUVD 04 height information for
individual geodetic control monuments
is available in digital form, from the
NGS Web site: https://www.ngs.noaa.
gov/cgi-bin/datasheet.prl.
SUPPLEMENTARY INFORMATION:
Dated: December 30, 2008.
David B. Zilkoski,
Director, National Geodetic Survey, National
Ocean Service, National Oceanic and
Atmospheric Administration.
[FR Doc. E9–1182 Filed 1–21–09; 8:45 am]
BILLING CODE 3510–JE–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Affirmation of Vertical Datum for
Surveying and Mapping Activities for
the Islands of Rota, Saipan and Tinian
of the Commonwealth of the Northern
Mariana Islands (CNMI)
AGENCY: National Geodetic Survey
(NGS), National Ocean Service (NOS),
National Oceanic and Atmospheric
Administration.
ACTION: Notice.
SUMMARY: This Notice announces a
decision by the Federal Geographic Data
Committee’s Federal Geodetic Control
Subcommittee, in accordance with the
Office of Management and Budget,
Circular A–16 (https://www.whitehouse.
gov/omb/circulars/a016/a016.html), to
affirm the Northern Marianas Vertical
Datum of 2003 (NMVD 03) as the official
civilian vertical datum for surveying
and mapping activities for the islands of
Rota, Saipan and Tinian of the
Commonwealth of the Northern
Marianas, and to the extent practicable,
legally allowable and feasible, require
that all Federal agencies, with the
exception of those with specific military
related applications, using or producing
vertical height information undertake an
orderly transition to NMVD 03.
DATES: Individuals or organizations
wishing to submit comments on the
adoption of NMVD 03 as the official
civilian vertical datum for the Northern
Marianas, should do so by February 23,
2009.
ADDRESSES: Written comments should
be sent to the attention of David Doyle,
Chief Geodetic Surveyor, Office of the
National Geodetic Survey, National
Ocean Service (N/NGS2), 1315 EastWest Highway, #8815, Silver Spring,
Maryland 20910, fax 301–713–4324, or
via e-mail Dave.Doyle@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to David Doyle, Chief
Geodetic Surveyor, National Geodetic
Survey (N/NGS2), 1315 East-West
Highway, #8815, Silver Spring, MD
20910; Phone: (301) 713–3178.
SUPPLEMENTARY INFORMATION: The
National Ocean Service (NOS), National
Geodetic Survey (NGS), has completed
the definition and implementation of
NMVD 03. NMVD 03 supersedes all
previously published height systems
determined by other Federal surveying
and mapping agencies on Rota, Saipan
and Tinian, with the exception of those
specifically related to tidal datums and/
or military applications. NMVD 03
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]]>Agencies
[Federal Register Volume 74, Number 13 (Thursday, January 22, 2009)]
[Notices]
[Pages 3987-3990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1219]
-----------------------------------------------------------------------
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 https://
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:
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'')).
We have granted byproduct offsets for CPZ's sales of steel
scrap (See Comment 2 and Analysis Memorandum).
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).
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'').
We have revised the international freight surrogate value
to reflect CPZ's shipping terms (See Comment 8 and FOP Memorandum).
We have revised the unit weight for one of CPZ's models
(See Comment 9 and Analysis Memorandum).
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
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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
