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]

Download as PDF 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) rmajette on PRODPC74 with NOTICES 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 VerDate Nov<24>2008 14:47 Jan 21, 2009 Jkt 217001 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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 E:\FR\FM\22JAN1.SGM 22JAN1 3988 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 rmajette on PRODPC74 with NOTICES 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 VerDate Nov<24>2008 14:47 Jan 21, 2009 Jkt 217001 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 http://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, PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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 E:\FR\FM\22JAN1.SGM 22JAN1 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 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 rmajette on PRODPC74 with NOTICES 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: VerDate Nov<24>2008 14:47 Jan 21, 2009 Jkt 217001 3989 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 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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. E:\FR\FM\22JAN1.SGM 22JAN1 3990 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 (http://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 VerDate Nov<24>2008 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: http://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 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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 (http://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 E:\FR\FM\22JAN1.SGM 22JAN1

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 http://
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

[[Page 3989]]

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