Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Final Results of the 2008-2009 Antidumping Duty Administrative Review, 3086-3089 [2011-1026]

Download as PDF 3086 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices Dated: January 11, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix I Comment 1: VAT and Export Taxes Comment 2: Use of Entries Versus Sales Comment 3: Whether To Adjust Datong Jinneng’s Electricity Consumption Comment 4: Whether To Adjust Datong Jinneng’s Labor Hours Comment 5: Valuation and Treatment of Silica Fume Comment 6: Valuation of Coal Comment 7: Valuation of Electricity Comment 8: Valuation of Labor Comment 9: Selection of Financial Statements Comment 10: Adjustments to Financial Ratios [FR Doc. 2011–1051 Filed 1–18–11; 8:45 am] BILLING CODE 3510–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 the 2008–2009 Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 15, 2010, the Department of Commerce (‘‘Department’’) published the preliminary results of the 2008–2009 administrative review of tapered roller bearings (‘‘TRBs’’) from the People’s Republic of China (‘‘PRC’’). See Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, From the People’s Republic of China: Preliminary Results of the 2008–2009 Administrative Review of the Antidumping Duty Order, 75 FR 41148 (July 15, 2010) (‘‘Preliminary Results’’). The period of review (‘‘POR’’) is June 1, 2008, through May 31, 2009. This review covers three respondents: (1) The majority Spungen family-owned joint-venture Peer Bearing Company Ltd.—Changshan (‘‘PBCD/CPZ,’’ also referred to as ‘‘PBCD’’); (2) the wholly AB SKF-owned Changshan Peer Bearing Company, Ltd. (‘‘SKF/CPZ,’’ also referred to as ‘‘SKF’’); and 3) Hubei New Torch Science & Technology Company Co., Ltd. (‘‘New Torch’’). We invited interested parties to comment on our Preliminary Results. Based on our analysis of the comments mstockstill on DSKH9S0YB1PROD with NOTICES AGENCY: VerDate Mar<15>2010 17:04 Jan 18, 2011 Jkt 223001 received, we made certain changes to our margin calculations for PBCD, SKF, and New Torch. The final dumping margins for this review are listed in the ‘‘Final Results Margins’’ section below. DATES: Effective Date: January 19, 2011. FOR FURTHER INFORMATION CONTACT: Brendan Quinn or Trisha Tran, 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) 482–5848 and (202) 482–4852, respectively. Background On July 15, 2010, the Department published its Preliminary Results in the antidumping duty administrative review of TRBs from the PRC. On July 26, 2010, New Torch submitted its response to the Department’s supplemental questionnaire regarding its wheel hub units. On August 16, 2010, the Timken Company (‘‘Petitioner’’) submitted a request for a public and closed hearings. On August 17, 2010, New Torch submitted its response to the Department’s second supplemental questionnaire regarding its wheel hub units. Petitioner submitted comments regarding New Torch’s response to the Department’s second supplemental questionnaire on August 27, 2010. PBCD submitted post-preliminary surrogate value data on August 19, 2010. On August 30, 2010, Petitioner submitted surrogate value information to rebut PBCD’s post-preliminary surrogate value data submission. The Department released U.S. Customs and Border Protection (‘‘CBP’’) information on September 9, 2010. On September 17, 2010, Petitioner submitted public information regarding the Department’s release of the September 9, 2010, CBP data. Between October 1 and October 4, 2010, Petitioner, PBCD, and New Torch submitted their case briefs, and between October 12 and October 13, 2010, Petitioner, PBCD, New Torch, and SKF submitted their rebuttal briefs. On October 14, 2010, Petitioner withdrew its request for a public and closed hearings. On October 18, 2010, PBCD commented on SKF’s rebuttal brief, requesting that the Department strike new factual information contained in SKF’s rebuttal brief. On October 19, 2010, SKF responded to PBCD’s October 18, 2010, submission. On November 4, 2010, the Department requested that SKF strike new factual information contained in SKF’s rebuttal brief. On November 8, 2010, SKF resubmitted its redacted rebuttal brief. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 The Department released industryspecific wage rate information on October 26, 2010, and solicited new factual information from parties, as well as comments on the Department’s intended use of industry-specific wage data. On November 1 and November 2, 2010, respectively, SKF and Petitioner submitted new factual information regarding the wage rate. Petitioner and SKF submitted addenda to their case briefs with respect to the wage rate on November 9, 2010, and addenda to their rebuttal briefs with respect to the wage rate on November 15, 2010. On September 21, 2010, the Department published an extension of time for the final results to December 12, 2010. See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People’s Republic of China; Extension of Time Limit for the Final Results of the 2008–2009 Administrative Review of the Antidumping Duty Order, 75 FR 57443 (September 21, 2010). On November 26, 2010, the Department extended the deadline for the final results of review to January 11, 2011. See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People’s Republic of China: Notice of Second Extension of Time Limit for the Final Results of the 2008–2009 Administrative Review of the Antidumping Duty Order, 75 FR 72801 (November 26, 2010). Analysis of Comments Received All issues raised in the case and rebuttal briefs filed by parties in this review are addressed in the Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, regarding, ‘‘Tapered Roller Bearings from the People’s Republic of China: Issues and Decision Memorandum for the Final Results of the 2008–2009 Administrative Review,’’ dated concurrently with this notice (‘‘Issues and Decision Memorandum’’), which is hereby adopted by this notice. A list of the issues that parties raised and to which we responded in the Issues and Decision Memorandum follows as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file in the Central Records Unit (‘‘CRU’’), Main Commerce Building, Room 7046, and is also accessible on the Web at https:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Issues and Decision Memorandum are identical in content. E:\FR\FM\19JAN1.SGM 19JAN1 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices Period of Review The POR is June 1, 2008, through May 31, 2009. Scope of the Order Imports covered by the 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 1 and 8708.99.80.80.2 Although the HTSUS item numbers are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Scope Determination—New Torch’s Wheel Hub Units In the Preliminary Results, the Department initiated a scope inquiry to determine whether New Torch’s sales of wheel hub units were subject to the antidumping duty order on TRBs, and stated that we intended to seek additional information with respect to New Torch’s merchandise. Based on New Torch’s supplemental responses,3 we find that New Torch’s wheel hub units do not contain TRBs and are, therefore, outside the scope of the order. Affiliation—SKF/CPZ and Company A 4 In its questionnaire responses, SKF/ CPZ indicated that it was affiliated with Company A. For purposes of the Preliminary Results, the Department determined not to conduct a collapsing analysis, pursuant to 19 CFR 351.401(f)(1) and (2), with respect to SKF/CPZ and Company A due to mstockstill on DSKH9S0YB1PROD with NOTICES 1 Effective January 1, 2007, the HTSUS subheading 8708.99.8015 is renumbered as 8708.99.8115. See United States International Trade Commission (‘‘USITC’’) publication entitled, ‘‘Modifications to the Harmonized Tariff Schedule of the United States Under Section 1206 of the Omnibus Trade and Competitiveness Act of 1988,’’ USITC Publication 3898 (December 2006) found at www.usitc.gov. 2 Effective January 1, 2007, the HTSUS subheading 8708.99.8080 is renumbered as 8708.99.8180; see id. 3 See New Torch’s July 26, 2010, submission; see also New Torch’s August 17, 2010, submission. 4 The identity of ‘‘Company A’’ is proprietary. See the Department’s letter to SKF entitled, ‘‘2008–2009 Administrative Review of the Antidumping Duty Order on Tapered Roller Bearings from the People’s Republic of China: Second Section A Supplemental Questionnaire,’’ dated July 2, 2010. VerDate Mar<15>2010 17:04 Jan 18, 2011 Jkt 223001 insufficient information on the record. Immediately prior to the Preliminary Results, we solicited additional information from SKF with respect to the level of common ownership and management and the integration of sales and production operations between SKF/CPZ and Company A, as well as information regarding Company A’s sales of subject merchandise during the POR.5 On July 12, 2010, we received SKF’s response to the Department’s request for information, which stated that: (a) CPZ/SKF has no direct ownership interest in Company A, or vice versa; (b) the companies do not share common managerial employees or board members; (c) the operations of the two companies are not intertwined; and (d) Company A provided quantity and value information for the products it exported and sold domestically during the POR.6 We received no further comments on the collapsing issue for these final results and, based on the information provided in SKF’s July 12, 2010, letter, we have found that: (a) There is no significant potential for price or production manipulation between SKF/CPZ and Company A; and (b) Company A did not produce subject merchandise for export to the United States. Thus, we have determined that Company A should not be collapsed with SKF for the purposes of the instant review, in accordance with 19 CFR 351.401(f)(2). Successor in Interest—SKF/CPZ On September 11, 2008, approximately three and a half months into the POR, PBCD/CPZ and its Illinois-based U.S. sales affiliate, Spungen-owned Peer Bearing Company (‘‘PBCD/Peer’’), were each acquired by AB SKF, a Swedish conglomerate, and henceforth known as SKF/CPZ and SKF-owned Peer Bearing Company (‘‘SKF/Peer’’), respectively. In addition, on August 28, 2009, SKF submitted a request for a changed circumstance review (‘‘CCR’’) to determine that SKF/ CPZ is not the successor-in-interest to PBCD/CPZ. On September 30, 2009, the Department informed parties that the information provided in SKF’s August 28, 2009, submission was sufficient to warrant a successor-in-interest analysis regarding SKF’s acquisition of PBCD/ CPZ, and that this determination would be performed within the context of the instant administrative review. For the Preliminary Results, the Department 5 See id. SKF’s Letter to the Department entitled, ‘‘SKF’s Response to the Department’s Second Section A Supplemental Questionnaire,’’ dated July 12, 2010. 6 See PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 3087 determined that the totality of the circumstances demonstrated that SKF/ CPZ is not the successor-in-interest to PBCD/CPZ.7 Since the publication of the Preliminary Results, no party has challenged the Department’s preliminary successor-in-interest determination and no new information was submitted with respect to the Department’s preliminary successor-ininterest determination. As such, we continue to find that SKF/CPZ is not the successor-in-interest to the preacquisition PBCD/CPZ. Changes Since the Preliminary Results Based on an analysis of the comments received, the Department has made certain changes to the margin calculations. For the final results, the Department has made the following changes: Changes to New Torch’s Margin Calculation: • We deducted domestic inland freight from New Torch’s U.S. gross unit price because New Torch explained that it incurred domestic inland freight expenses for the transport of subject merchandise by truck from its factory to the port of export.8 • We have deducted domestic brokerage and handling charges from New Torch’s reported U.S. prices because New Torch would have incurred some charges for loading the subject merchandise onto vessels for export to the United States based on New Torch’s reported terms of delivery.9 • We have revised New Torch’s entered value calculation to be consistent with the Department’s normal practice.10 Changes to SKF’s and PBCD’s Margin Calculations: • We have used the PBCD-specific and SKF-specific U.S. sales databases, and not the combined joint U.S. sales database used in the Preliminary Results, in order to properly calculate 7 See Preliminary Results, 75 FR at 41151–52. See also Memorandum to Wendy Frankel, Director, AD/ CVD Operations, Office 8, Import Administration, through Erin Begnal, Program Manager, AD/CVD Operations, Office 8, from Brendan Quinn, International Trade Analyst, AD/CVD Operations, Office 8, entitled ‘‘Tapered Roller Bearings from the People’s Republic of China: Preliminary SuccessorIn-Interest Determination,’’ dated July 7, 2010. 8 See Issues and Decision Memorandum at Comment 2. 9 See Issues and Decision Memorandum at Comment 3. 10 See Issues and Decision Memorandum at Comment 4. See also 2008–2009 Administrative Review of the Antidumping Duty Order on Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, from the People’s Republic of China: Analysis of the Final Results Margin Calculation for Hubei New Torch Science & Technology Co., Ltd., dated concurrently with this notice. E:\FR\FM\19JAN1.SGM 19JAN1 3088 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices each company’s net U.S. prices for use in each company’s margin calculation.11 • We are including the international freight expense associated with sending the unfinished bearings to the third country for further processing, as reported, in the further manufacturing direct materials cost (FURMAT) component of total third-country further manufacturing (TOTFMG or FURMANU) calculation.12 • We have calculated SKF’s assessment rates based on its reported entered values for the final results, based on SKF’s December 8, 2010 submission of entered value information not previously on the record.13 • The Department has adjusted SKF’s net U.S. price calculation for the amount of duty owed, based on SKF’s December 8, 2010, submission of information regarding duty owed.14 • We have used PBCD’s steel consumption as reported.15 Changes to Surrogate Values • We have calculated a revised hourly wage rate to use in valuing reported labor. The revised wage rate is calculated by averaging earnings and/or wages for ISIC Rev. 3 Sub-Classification 29 (Manufacture of machinery and equipment) in countries that are economically comparable to the PRC that are also significant producers of comparable merchandise.16 • We have revised the steel bar surrogate value to exclude imports from certain countries under the relevant Indian HTS category.17 Final Results Margins mstockstill on DSKH9S0YB1PROD with NOTICES We determine that the following weighted-average dumping margins exist for the period June 1, 2008, through May 31, 2009: 11 See Issues and Decision Memorandum at Comment 9. 12 See Issues and Decision Memorandum at Comment 10. 13 See Issues and Decision Memorandum at Comment 11. 14 See Issues and Decision Memorandum at Comment 12. 15 See Issues and Decision Memorandum at Comment 13. 16 See Issues and Decision Memorandum at Comment 17. 17 See Issues and Decision Memorandum at Comment 14. See also Factors Valuations for the Final Results of the 2008–2009 Administrative Review of the Antidumping Duty Order on Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, from the People’s Republic of China, dated concurrently with this notice. VerDate Mar<15>2010 17:04 Jan 18, 2011 Jkt 223001 of the subject merchandise entered, or withdrawn from warehouse, for Weightedconsumption on or after the publication Exporter average date, as provided for by section margin 751(a)(2)(C) of the Act: (1) For PBCD, SKF, and New Torch, the cash deposit Peer Bearing Company— rate will be the margins listed above; (2) Changshan (SpungenOwned, ‘‘PBCD’’) .................. 38.39% for previously investigated or reviewed PRC and non-PRC exporters not listed Changshan Peer Bearing Co., Ltd. (SKF-Owned, ‘‘SKF’’) ..... 14.13% above that have separate rates, the cash Hubei New Torch Science & deposit rate will continue to be the Technology Co., Ltd .............. 0.00% exporter-specific rate published for the most recent period; (3) for all PRC Assessment Rates exporters of subject merchandise which Pursuant to section 751(a)(2)(A) of the have not been found to be entitled to a separate rate, the cash deposit rate will Act and 19 CFR 351.212(b), the be the PRC-wide rate of 92.84 percent; Department will determine, and CBP and (4) for all non-PRC exporters of shall assess, antidumping duties on all subject merchandise which have not appropriate entries of subject received their own rate, the cash deposit merchandise in accordance with the rate will be the rate applicable to the final results of this review. For PRC exporter that supplied that nonassessment purposes, we calculated PRC exporter. These deposit importer- (or customer-) specific requirements shall remain in effect until assessment rates for merchandise further notice. subject to this review. Where appropriate, we calculated an ad Notification to Importers valorem rate for each importer (or This notice also serves as a final customer) by dividing the total dumping reminder to importers of their margins for reviewed sales to that party responsibility under 19 CFR by the total entered values associated 351.402(f)(2) to file a certificate with those transactions. For dutyregarding the reimbursement of assessment rates calculated on this antidumping duties prior to liquidation basis, we will direct CBP to assess the of the relevant entries during this resulting ad valorem rate against the review period. Failure to comply with entered customs values for the subject this requirement could result in the merchandise. Where appropriate, we Secretary’s presumption that calculated a per-unit rate for each reimbursement of the antidumping importer (or customer) by dividing the duties occurred and the subsequent total dumping margins for reviewed assessment of double antidumping sales to that party by the total sales duties. quantity associated with those transactions. For duty-assessment rates Notification to Interested Parties calculated on this basis, we will direct This notice also serves as a reminder CBP to assess the resulting per-unit rate to parties subject to administrative against the entered quantity of the protective order (‘‘APO’’) of their subject merchandise. Where an responsibility concerning the return or importer- (or customer-) specific destruction of proprietary information assessment rate is de minimis (i.e., less disclosed under the APO in accordance than 0.50 percent), the Department will instruct CBP to assess that importer’s (or with 19 CFR 351.305(a)(3), which continues to govern business customer’s) entries of subject proprietary information in this segment merchandise without regard to antidumping duties, in accordance with of the proceeding. Timely written notification of the return/destruction of 19 CFR 351.106(c)(2). We intend to APO materials or conversion to judicial instruct CBP to liquidate entries protective order is hereby requested. containing subject merchandise Failure to comply with the regulations exported by the PRC-wide entity at the and terms of an APO is a violation PRC-wide rate of 92.84 percent. The Department intends to issue assessment which is subject to sanction. instructions to CBP 15 days after the Disclosure date of publication of these final results We will disclose the calculations of review. performed within five days of the date Cash Deposit Requirements of publication of this notice to parties in this proceeding in accordance with 19 The following cash deposit CFR 351.224(b). requirements will be effective upon publication of the final results of this We are issuing and publishing the administrative review for all shipments final results and notice in accordance PO 00000 TRBS FROM THE PRC Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\19JAN1.SGM 19JAN1 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended. Dated: January 11, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix I Comment 1: Whether To Apply Partial Facts Available to New Torch’s Sales of Wheel Hub Units Comment 2: Treatment of Domestic Inland Freight Comment 3: Treatment of Brokerage and Handling Comment 4: Entered Value Calculation Comment 5: Correcting for Alleged Distortions Associated With a ThreeMonth Production Period Comment 6: Country of Origin Comment 7: Importer-Specific Assessment Rates Comment 8: Valuation of Acquired Inventory Comment 9: Which U.S. Sales Database To Use Comment 10: Calculation of Further Processing Costs Comment 11: Corrections to Entered Value Comment 12: Correction of Duty Amount Comment 13: Treatment of Certain Steel Inputs in PBCD/CPZ’s Normal Value Comment 14: Valuation of Steel Bar Comment 14A: Market Economy Inputs Comment 14B: Surrogate Value Comment 15: Surrogate Value for Steel Rod Comment 16: Adjustments to Financial Ratio Comment 17: Wages [FR Doc. 2011–1026 Filed 1–18–11; 8:45 am] BILLING CODE 3510–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Roundtable on Federal Government Engagement in Standards National Institute of Standards and Technology (NIST), United States Department of Commerce (DoC). ACTION: Notice of public meeting. AGENCY: NIST invites stakeholders (e.g., industry, standards setting organizations, academia, trade associations, professional societies, and Federal, State and local government agencies, etc.) involved in standardization (standards setting and the use of standards) to attend a public meeting. The purpose of the meeting is to discuss the Federal government’s role in standards development and use to address national priorities. Registration for attending the event is strongly encouraged. The roundtable will also be webcast live. DATES: The public meeting will be held on Tuesday, January 25, 2011 from 9:30 a.m. to 12 p.m. Pre-registration must be mstockstill on DSKH9S0YB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:04 Jan 18, 2011 Jkt 223001 completed by 12 p.m. on Monday, January 24, 2011. ADDRESSES: The public meeting will be held in the U.S. Department of Commerce Herbert C. Hoover Building Auditorium, 1401 Constitution Avenue, NW., Washington, DC. Please note registration and admittance instructions under the SUPPLEMENTARY INFORMATION section of this notice. A link to the webcast will be posted at: https:// www.nist.gov prior to the event. FOR FURTHER INFORMATION CONTACT: Nick Sinai at 240–751–5615 or by e-mail at Nick.sinai@nist.gov. Media inquiries should be directed to NIST Public and Business Affairs at 301–975–NIST or inquiries@nist.gov. SUPPLEMENTARY INFORMATION: Achieving national priorities such as the development and deployment of a Smart Grid, secure and interoperable electronic health records, cybersecurity, cloud computing, and interoperability in emergency communications depends upon interoperable standards. Consensus standards for these new technology sectors are helping drive innovation, economic growth, and job creation. The DoC and NIST are hosting a moderated panel discussion with thought leaders from industry and academia to address the following questions: What is an appropriate role for the Federal government in convening industry stakeholders and catalyzing standards development and use? How should the Federal government engage in sectors where there is a compelling national interest? How are existing public-private initiatives in standardization working? On December 8, 2010, NIST issued a Request for Information (RFI) (75 FR 76397) seeking stakeholder input on the ‘‘Effectiveness of Federal Agency Participation in Standardization in Select Technology Sectors for the National Science and Technology Council’s Sub-Committee on Standardization.’’ All interested parties are encouraged to respond to the RFI, regardless of their attendance at the roundtable. All visitors to the event are strongly encouraged to pre-register. Admittance without pre-registration cannot be assured. The deadline for registration is 12 p.m. on Monday, January 24, 2011. Information about the event, including a draft agenda, confirmed panelists, registration information and webcast information will be available at: https:// www.nist.gov/allevents.cfm. Registration for the roundtable can be done at: https://www-s.nist.gov/CRS/conf_ disclosure.cfm?CFID%3D2300429% PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 3089 26CFTOKEN%3D60db85 ca1a63b0f5%2DF8BD1368% 2DB117%2DE1FB%2D3C762 C197F4DAA57%26 jsessionid%3D84304151c01bdf203d5 2252a124b13192e13&conf_id=4627. Stakeholders following the roundtable on the webcast can e-mail questions to Standards_Roundtable@nist.gov. Dated: January 13, 2011. Charles H. Romine, Acting Associate Director for Laboratory Programs. [FR Doc. 2011–1003 Filed 1–18–11; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Alaska Region Bering Sea & Aleutian Islands Crab Permits National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. AGENCY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before March 21, 2011. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Patsy A. Bearden, (907) 586– 7008 or patsy.bearden@noaa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Abstract This is an extension of a currently approved collection. The Crab Rationalization Program allocates Bering Sea and Aleutian Islands (BSAI) crab resources among harvesters, processors, and coastal communities through a limited access system that balances the interests of these groups who depend on these E:\FR\FM\19JAN1.SGM 19JAN1

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[Federal Register Volume 76, Number 12 (Wednesday, January 19, 2011)]
[Notices]
[Pages 3086-3089]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1026]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-601]


Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China: Final Results of the 
2008-2009 Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On July 15, 2010, the Department of Commerce (``Department'') 
published the preliminary results of the 2008-2009 administrative 
review of tapered roller bearings (``TRBs'') from the People's Republic 
of China (``PRC''). See Tapered Roller Bearings and Parts Thereof, 
Finished or Unfinished, From the People's Republic of China: 
Preliminary Results of the 2008-2009 Administrative Review of the 
Antidumping Duty Order, 75 FR 41148 (July 15, 2010) (``Preliminary 
Results''). The period of review (``POR'') is June 1, 2008, through May 
31, 2009.
    This review covers three respondents: (1) The majority Spungen 
family-owned joint-venture Peer Bearing Company Ltd.--Changshan 
(``PBCD/CPZ,'' also referred to as ``PBCD''); (2) the wholly AB SKF-
owned Changshan Peer Bearing Company, Ltd. (``SKF/CPZ,'' also referred 
to as ``SKF''); and 3) Hubei New Torch Science & Technology Company 
Co., Ltd. (``New Torch'').
    We invited interested parties to comment on our Preliminary 
Results. Based on our analysis of the comments received, we made 
certain changes to our margin calculations for PBCD, SKF, and New 
Torch. The final dumping margins for this review are listed in the 
``Final Results Margins'' section below.

DATES: Effective Date: January 19, 2011.

FOR FURTHER INFORMATION CONTACT: Brendan Quinn or Trisha Tran, 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-
5848 and (202) 482-4852, respectively.

Background

    On July 15, 2010, the Department published its Preliminary Results 
in the antidumping duty administrative review of TRBs from the PRC. On 
July 26, 2010, New Torch submitted its response to the Department's 
supplemental questionnaire regarding its wheel hub units. On August 16, 
2010, the Timken Company (``Petitioner'') submitted a request for a 
public and closed hearings. On August 17, 2010, New Torch submitted its 
response to the Department's second supplemental questionnaire 
regarding its wheel hub units. Petitioner submitted comments regarding 
New Torch's response to the Department's second supplemental 
questionnaire on August 27, 2010. PBCD submitted post-preliminary 
surrogate value data on August 19, 2010. On August 30, 2010, Petitioner 
submitted surrogate value information to rebut PBCD's post-preliminary 
surrogate value data submission. The Department released U.S. Customs 
and Border Protection (``CBP'') information on September 9, 2010. On 
September 17, 2010, Petitioner submitted public information regarding 
the Department's release of the September 9, 2010, CBP data.
    Between October 1 and October 4, 2010, Petitioner, PBCD, and New 
Torch submitted their case briefs, and between October 12 and October 
13, 2010, Petitioner, PBCD, New Torch, and SKF submitted their rebuttal 
briefs. On October 14, 2010, Petitioner withdrew its request for a 
public and closed hearings. On October 18, 2010, PBCD commented on 
SKF's rebuttal brief, requesting that the Department strike new factual 
information contained in SKF's rebuttal brief. On October 19, 2010, SKF 
responded to PBCD's October 18, 2010, submission. On November 4, 2010, 
the Department requested that SKF strike new factual information 
contained in SKF's rebuttal brief. On November 8, 2010, SKF resubmitted 
its redacted rebuttal brief.
    The Department released industry-specific wage rate information on 
October 26, 2010, and solicited new factual information from parties, 
as well as comments on the Department's intended use of industry-
specific wage data. On November 1 and November 2, 2010, respectively, 
SKF and Petitioner submitted new factual information regarding the wage 
rate. Petitioner and SKF submitted addenda to their case briefs with 
respect to the wage rate on November 9, 2010, and addenda to their 
rebuttal briefs with respect to the wage rate on November 15, 2010.
    On September 21, 2010, the Department published an extension of 
time for the final results to December 12, 2010. See Tapered Roller 
Bearings and Parts Thereof, Finished and Unfinished, from the People's 
Republic of China; Extension of Time Limit for the Final Results of the 
2008-2009 Administrative Review of the Antidumping Duty Order, 75 FR 
57443 (September 21, 2010). On November 26, 2010, the Department 
extended the deadline for the final results of review to January 11, 
2011. See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China: Notice of Second 
Extension of Time Limit for the Final Results of the 2008-2009 
Administrative Review of the Antidumping Duty Order, 75 FR 72801 
(November 26, 2010).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Memorandum from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Import Administration, regarding, ``Tapered Roller Bearings from the 
People's Republic of China: Issues and Decision Memorandum for the 
Final Results of the 2008-2009 Administrative Review,'' dated 
concurrently with this notice (``Issues and Decision Memorandum''), 
which is hereby adopted by this notice. A list of the issues that 
parties raised and to which we responded in the Issues and Decision 
Memorandum follows as an appendix to this notice. The Issues and 
Decision Memorandum is a public document and is on file in the Central 
Records Unit (``CRU''), Main Commerce Building, Room 7046, and is also 
accessible on the Web at https://ia.ita.doc.gov/frn. The paper copy and 
electronic version of the Issues and Decision Memorandum are identical 
in content.

[[Page 3087]]

Period of Review

    The POR is June 1, 2008, through May 31, 2009.

Scope of the Order

    Imports covered by the 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 \1\ and 8708.99.80.80.\2\ Although the HTSUS item numbers 
are provided for convenience and customs purposes, the written 
description of the scope of the order is dispositive.
---------------------------------------------------------------------------

    \1\ Effective January 1, 2007, the HTSUS subheading 8708.99.8015 
is renumbered as 8708.99.8115. See United States International Trade 
Commission (``USITC'') publication entitled, ``Modifications to the 
Harmonized Tariff Schedule of the United States Under Section 1206 
of the Omnibus Trade and Competitiveness Act of 1988,'' USITC 
Publication 3898 (December 2006) found at www.usitc.gov.
    \2\ Effective January 1, 2007, the HTSUS subheading 8708.99.8080 
is renumbered as 8708.99.8180; see id.
---------------------------------------------------------------------------

Scope Determination--New Torch's Wheel Hub Units

    In the Preliminary Results, the Department initiated a scope 
inquiry to determine whether New Torch's sales of wheel hub units were 
subject to the antidumping duty order on TRBs, and stated that we 
intended to seek additional information with respect to New Torch's 
merchandise. Based on New Torch's supplemental responses,\3\ we find 
that New Torch's wheel hub units do not contain TRBs and are, 
therefore, outside the scope of the order.
---------------------------------------------------------------------------

    \3\ See New Torch's July 26, 2010, submission; see also New 
Torch's August 17, 2010, submission.
---------------------------------------------------------------------------

Affiliation--SKF/CPZ and Company A \4\
---------------------------------------------------------------------------

    \4\ The identity of ``Company A'' is proprietary. See the 
Department's letter to SKF entitled, ``2008-2009 Administrative 
Review of the Antidumping Duty Order on Tapered Roller Bearings from 
the People's Republic of China: Second Section A Supplemental 
Questionnaire,'' dated July 2, 2010.
---------------------------------------------------------------------------

    In its questionnaire responses, SKF/CPZ indicated that it was 
affiliated with Company A. For purposes of the Preliminary Results, the 
Department determined not to conduct a collapsing analysis, pursuant to 
19 CFR 351.401(f)(1) and (2), with respect to SKF/CPZ and Company A due 
to insufficient information on the record. Immediately prior to the 
Preliminary Results, we solicited additional information from SKF with 
respect to the level of common ownership and management and the 
integration of sales and production operations between SKF/CPZ and 
Company A, as well as information regarding Company A's sales of 
subject merchandise during the POR.\5\ On July 12, 2010, we received 
SKF's response to the Department's request for information, which 
stated that: (a) CPZ/SKF has no direct ownership interest in Company A, 
or vice versa; (b) the companies do not share common managerial 
employees or board members; (c) the operations of the two companies are 
not intertwined; and (d) Company A provided quantity and value 
information for the products it exported and sold domestically during 
the POR.\6\ We received no further comments on the collapsing issue for 
these final results and, based on the information provided in SKF's 
July 12, 2010, letter, we have found that: (a) There is no significant 
potential for price or production manipulation between SKF/CPZ and 
Company A; and (b) Company A did not produce subject merchandise for 
export to the United States. Thus, we have determined that Company A 
should not be collapsed with SKF for the purposes of the instant 
review, in accordance with 19 CFR 351.401(f)(2).
---------------------------------------------------------------------------

    \5\ See id.
    \6\ See SKF's Letter to the Department entitled, ``SKF's 
Response to the Department's Second Section A Supplemental 
Questionnaire,'' dated July 12, 2010.
---------------------------------------------------------------------------

Successor in Interest--SKF/CPZ

    On September 11, 2008, approximately three and a half months into 
the POR, PBCD/CPZ and its Illinois-based U.S. sales affiliate, Spungen-
owned Peer Bearing Company (``PBCD/Peer''), were each acquired by AB 
SKF, a Swedish conglomerate, and henceforth known as SKF/CPZ and SKF-
owned Peer Bearing Company (``SKF/Peer''), respectively. In addition, 
on August 28, 2009, SKF submitted a request for a changed circumstance 
review (``CCR'') to determine that SKF/CPZ is not the successor-in-
interest to PBCD/CPZ. On September 30, 2009, the Department informed 
parties that the information provided in SKF's August 28, 2009, 
submission was sufficient to warrant a successor-in-interest analysis 
regarding SKF's acquisition of PBCD/CPZ, and that this determination 
would be performed within the context of the instant administrative 
review. For the Preliminary Results, the Department determined that the 
totality of the circumstances demonstrated that SKF/CPZ is not the 
successor-in-interest to PBCD/CPZ.\7\ Since the publication of the 
Preliminary Results, no party has challenged the Department's 
preliminary successor-in-interest determination and no new information 
was submitted with respect to the Department's preliminary successor-
in-interest determination. As such, we continue to find that SKF/CPZ is 
not the successor-in-interest to the pre-acquisition PBCD/CPZ.
---------------------------------------------------------------------------

    \7\  See Preliminary Results, 75 FR at 41151-52. See also 
Memorandum to Wendy Frankel, Director, AD/CVD Operations, Office 8, 
Import Administration, through Erin Begnal, Program Manager, AD/CVD 
Operations, Office 8, from Brendan Quinn, International Trade 
Analyst, AD/CVD Operations, Office 8, entitled ``Tapered Roller 
Bearings from the People's Republic of China: Preliminary Successor-
In-Interest Determination,'' dated July 7, 2010.
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on an analysis of the comments received, the Department has 
made certain changes to the margin calculations. For the final results, 
the Department has made the following changes:
    Changes to New Torch's Margin Calculation:
     We deducted domestic inland freight from New Torch's U.S. 
gross unit price because New Torch explained that it incurred domestic 
inland freight expenses for the transport of subject merchandise by 
truck from its factory to the port of export.\8\
---------------------------------------------------------------------------

    \8\  See Issues and Decision Memorandum at Comment 2.
---------------------------------------------------------------------------

     We have deducted domestic brokerage and handling charges 
from New Torch's reported U.S. prices because New Torch would have 
incurred some charges for loading the subject merchandise onto vessels 
for export to the United States based on New Torch's reported terms of 
delivery.\9\
---------------------------------------------------------------------------

    \9\ See Issues and Decision Memorandum at Comment 3.
---------------------------------------------------------------------------

     We have revised New Torch's entered value calculation to 
be consistent with the Department's normal practice.\10\
---------------------------------------------------------------------------

    \10\  See Issues and Decision Memorandum at Comment 4. See also 
2008-2009 Administrative Review of the Antidumping Duty Order on 
Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, 
from the People's Republic of China: Analysis of the Final Results 
Margin Calculation for Hubei New Torch Science & Technology Co., 
Ltd., dated concurrently with this notice.
---------------------------------------------------------------------------

    Changes to SKF's and PBCD's Margin Calculations:
     We have used the PBCD-specific and SKF-specific U.S. sales 
databases, and not the combined joint U.S. sales database used in the 
Preliminary Results, in order to properly calculate

[[Page 3088]]

each company's net U.S. prices for use in each company's margin 
calculation.\11\
---------------------------------------------------------------------------

    \11\ See Issues and Decision Memorandum at Comment 9.
---------------------------------------------------------------------------

     We are including the international freight expense 
associated with sending the unfinished bearings to the third country 
for further processing, as reported, in the further manufacturing 
direct materials cost (FURMAT) component of total third-country further 
manufacturing (TOTFMG or FURMANU) calculation.\12\
---------------------------------------------------------------------------

    \12\  See Issues and Decision Memorandum at Comment 10.
---------------------------------------------------------------------------

     We have calculated SKF's assessment rates based on its 
reported entered values for the final results, based on SKF's December 
8, 2010 submission of entered value information not previously on the 
record.\13\
---------------------------------------------------------------------------

    \13\ See Issues and Decision Memorandum at Comment 11.
---------------------------------------------------------------------------

     The Department has adjusted SKF's net U.S. price 
calculation for the amount of duty owed, based on SKF's December 8, 
2010, submission of information regarding duty owed.\14\
---------------------------------------------------------------------------

    \14\ See Issues and Decision Memorandum at Comment 12.
---------------------------------------------------------------------------

     We have used PBCD's steel consumption as reported.\15\
---------------------------------------------------------------------------

    \15\ See Issues and Decision Memorandum at Comment 13.
---------------------------------------------------------------------------

Changes to Surrogate Values

     We have calculated a revised hourly wage rate to use in 
valuing reported labor. The revised wage rate is calculated by 
averaging earnings and/or wages for ISIC Rev. 3 Sub-Classification 29 
(Manufacture of machinery and equipment) in countries that are 
economically comparable to the PRC that are also significant producers 
of comparable merchandise.\16\
---------------------------------------------------------------------------

    \16\ See Issues and Decision Memorandum at Comment 17.
---------------------------------------------------------------------------

     We have revised the steel bar surrogate value to exclude 
imports from certain countries under the relevant Indian HTS 
category.\17\
---------------------------------------------------------------------------

    \17\ See Issues and Decision Memorandum at Comment 14. See also 
Factors Valuations for the Final Results of the 2008-2009 
Administrative Review of the Antidumping Duty Order on Tapered 
Roller Bearings and Parts Thereof, Finished or Unfinished, from the 
People's Republic of China, dated concurrently with this notice.
---------------------------------------------------------------------------

Final Results Margins

    We determine that the following weighted-average dumping margins 
exist for the period June 1, 2008, through May 31, 2009:

                            TRBs From the PRC
------------------------------------------------------------------------
                                                              Weighted-
                          Exporter                             average
                                                                margin
------------------------------------------------------------------------
Peer Bearing Company--Changshan (Spungen-Owned, ``PBCD'')..       38.39%
Changshan Peer Bearing Co., Ltd. (SKF-Owned, ``SKF'')......       14.13%
Hubei New Torch Science & Technology Co., Ltd..............        0.00%
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and 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 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's 
(or customer's) entries of subject merchandise without regard to 
antidumping duties, in accordance with 19 CFR 351.106(c)(2). We intend 
to instruct CBP to liquidate entries containing subject merchandise 
exported by the PRC-wide entity at the PRC-wide rate of 92.84 percent. 
The Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements 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) For PBCD, SKF, and 
New Torch, the cash deposit rate will be the margins listed above; (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 
exporter that supplied that non-PRC exporter. These deposit 
requirements shall remain in effect until further notice.

Notification to Importers

    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.

Notification to Interested Parties

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under 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 the final results and notice in 
accordance

[[Page 3089]]

with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as 
amended.

    Dated: January 11, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I

Comment 1: Whether To Apply Partial Facts Available to New Torch's 
Sales of Wheel Hub Units
Comment 2: Treatment of Domestic Inland Freight
Comment 3: Treatment of Brokerage and Handling
Comment 4: Entered Value Calculation
Comment 5: Correcting for Alleged Distortions Associated With a 
Three-Month Production Period
Comment 6: Country of Origin
Comment 7: Importer-Specific Assessment Rates
Comment 8: Valuation of Acquired Inventory
Comment 9: Which U.S. Sales Database To Use
Comment 10: Calculation of Further Processing Costs
Comment 11: Corrections to Entered Value
Comment 12: Correction of Duty Amount
Comment 13: Treatment of Certain Steel Inputs in PBCD/CPZ's Normal 
Value
Comment 14: Valuation of Steel Bar
    Comment 14A: Market Economy Inputs
    Comment 14B: Surrogate Value
Comment 15: Surrogate Value for Steel Rod
Comment 16: Adjustments to Financial Ratio
Comment 17: Wages

[FR Doc. 2011-1026 Filed 1-18-11; 8:45 am]
BILLING CODE 3510-P

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