Tapered Roller Bearings and Parts Thereof, Finished and Unfinished From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review, 45777-45778 [2011-19407]

Download as PDF Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Notices Chapter 6 data to value Quoc Viet’s labor wage rate for these final results. However, the record does contain a labor value for shrimp processing in Bangladesh, published by the Bangladesh Bureau of Statistics. The Department finds this labor value to be the best available information on the record because it is specific to the industry being examined, and is therefore derived from industries that produce comparable merchandise. Because this value is not contemporaneous to the POR, we inflated it using the Consumer Price Index (‘‘CPI’’) rate for Bangladesh, as published in the International Financial Statistics of the International Monetary Fund. Thus, for the final results we valued labor using an industry-specific labor rate from the primary surrogate country. The calculated industryspecific wage rate is 16.71 Bangladeshi takas per hour. A more detailed description of the wage rate calculation methodology is provided in the Memorandum to the File, through Scot T. Fullerton, Program Manager, from Paul Walker, Case Analyst, ‘‘Fourth New Shipper Review of Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Surrogate Values for the Final Results,’’ dated concurrently with this memorandum. As stated above, the Department valued Quoc Viet’s labor using Bangladeshi government data. Because there is no record evidence as to whether this data contains all costs related to labor, including wages, benefits, housing, training, etc., we have made no adjustments to the surrogate financial ratios for the itemized detail of indirect labor costs, as noted in Labor Methodologies. Final Results of Review The Department finds that the following margin exists for Quoc Viet for the period February 1, 2010–July 31, 2010: CERTAIN FROZEN WARMWATER SHRIMP FROM VIETNAM Manufacturer/Exporter Margin percent Quoc Viet .................. 0.00 (de minimis.) srobinson on DSK4SPTVN1PROD with NOTICES Assessment of Antidumping Duties Upon issuance of the final results, the Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of VerDate Mar<15>2010 17:45 Jul 29, 2011 Jkt 223001 review. Pursuant to section 351.212(b)(1) of the Department’s regulations, we will calculate importerspecific (or customer-specific) ad valorem duty assessment rates based on the ratio of the total amount of the dumping margins calculated for the examined sales to the total entered value of those same sales. In accordance with section 351.106(c)(2) of the Department’s regulations, we will instruct CBP to liquidate, without regard to antidumping duties, all entries of subject merchandise during the POR for which the importer-specific assessment rate is zero or de minimis. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this new shipper review for all shipments of subject merchandise by Quoc Viet, entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the ‘‘Act’’): (1) For subject merchandise produced and exported by Quoc Viet, the cash deposit rate will be zero; (2) for subject merchandise exported by Quoc Viet, but not manufactured by Quoc Viet, the cash deposit rate will continue to be the Vietnam-wide rate of 25.76 percent; and (3) for subject merchandise manufactured by Quoc Viet, but exported by any party other than Quoc Viet, the cash deposit rate will be the rate applicable to the exporter. These cash deposit requirements will remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under section 351.402(f)(2) of the Department’s regulations to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Orders This notice also serves as a final reminder to parties subject to the administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO, in accordance with section 351.305 of the Department’s regulations, which continues to govern business PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 45777 proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this NSR notice in accordance with sections 751(a)(2)(b) and 777(i) of the Act. Dated: July 25, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–19388 Filed 7–29–11; 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: Initiation of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: August 1, 2011. SUMMARY: The Department of Commerce (‘‘Department’’) has determined that a request for a new shipper review (‘‘NSR’’) of the antidumping duty order on tapered roller bearings (‘‘TRBs’’) from the People’s Republic of China (‘‘PRC’’) meets the statutory and regulatory requirements for initiation. The period of review (‘‘POR’’) for this NSR is June 1, 2010, through May 31, 2011. FOR FURTHER INFORMATION CONTACT: Demitri Kalogeropoulos, 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. SUPPLEMENTARY INFORMATION: AGENCY: Background The notice announcing the antidumping duty order on TRBs from the PRC was published in the Federal Register on June 15, 1987. See Antidumping Duty Order; Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, From the People’s Republic of China, 52 FR 22667 (June 15, 1987) (‘‘Order’’). On June 30, 2011, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (‘‘Act’’), and 19 CFR 351.214(b), the E:\FR\FM\01AUN1.SGM 01AUN1 srobinson on DSK4SPTVN1PROD with NOTICES 45778 Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Notices Department received a NSR request from GGB Bearing Technology (Suzhou) Co., Ltd. (‘‘GGB’’). GGB’s request was made in June 2011, which is the anniversary month of the Order. See 19 CFR 351.214(d). In its submission, GGB certified that it is the exporter and producer of the subject merchandise upon which the request was based. Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), GGB certified that it did not export TRBs to the United States during the period of investigation (‘‘POI’’). In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), GGB certified that, since the initiation of the investigation, it has not been affiliated with a PRC exporter or producer who exported TRBs to the United States during the POI, including those not individually examined during the investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), GGB also certified that its export activities were not controlled by the central government of the PRC. In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), GGB submitted documentation establishing the following: (1) The date on which GGB first shipped TRBs for export to the United States and the date on which the TRBs were first entered, or withdrawn from warehouse, for consumption; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States. The Department conducted U.S. Customs and Border Protection (‘‘CBP’’) database queries in an attempt to confirm that GGB’s shipments of subject merchandise had entered the United States for consumption and that liquidation of such entries had been properly suspended for antidumping duties. The Department also examined whether the CBP data confirmed that such entries were made during the NSR POR.1 The information which the Department examined was consistent with that provided by GGB in its request. See Memorandum to the File titled ‘‘Initiation of Antidumping New Shipper Review: Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People’s Republic of China, A–570–601,’’ (‘‘Initiation Checklist’’) dated concurrently with this notice. Period of Review In accordance with 19 CFR 351.214(g)(1)(i)(A), the POR for a NSR 1 See July 14, 2011, memorandum to the file, regarding ‘‘U.S. Customs and Border Protection Data.’’ VerDate Mar<15>2010 17:45 Jul 29, 2011 Jkt 223001 initiated in the month immediately following the anniversary month will be the twelve-month period immediately preceding the anniversary month. Therefore, the POR for this NSR is June 1, 2010, through May 31, 2011. The sales and entries into the United States of subject merchandise produced and exported by GGB occurred during this twelve-month POR. Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), the Department finds that the request submitted by GGB meets the threshold requirements for initiation of a NSR for the shipment of TRBs from the PRC produced and exported by GGB. See Initiation Checklist. However, if the information supplied by GGB is later found to be incorrect or insufficient during the course of this proceeding, the Department may rescind the review or apply adverse facts available pursuant to section 776 of the Act, depending upon the facts on record. The Department intends to issue the preliminary results of this NSR no later than 180 days from the date of initiation, and the final results no later than 90 days from the issuance of the preliminary results. See section 751(a)(2)(B)(iv) of the Act. It is the Department’s usual practice, in cases involving non-market economies, to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, the Department will issue a questionnaire to GGB which will include a section requesting information with regard to GGB’s export activities for separate rates purposes. The review will proceed if the response provides sufficient indication that GGB is not subject to either de jure or de facto government control with respect to its export of subject merchandise. The Department will instruct CBP to allow, at the option of the importer, the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise from GGB in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because GGB certified that it produced and exported the subject merchandise, the Department will apply the bonding privilege to GGB for all subject merchandise produced and exported by GGB. To assist in its analysis of the bona fides of GGB’s sales, upon initiation of PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 this new shipper review, the Department will require GGB to submit on an ongoing basis complete transaction information concerning any sales of subject merchandise to the United States that were made subsequent to the POR. Interested parties requiring access to proprietary information in this NSR should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 19 CFR 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i). Dated: July 27, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–19407 Filed 7–29–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (‘‘Sunset’’) Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department of Commerce (‘‘the Department’’) is automatically initiating a five-year review (‘‘Sunset Review’’) of the antidumping and countervailing duty orders listed below. The International Trade Commission (‘‘the Commission’’) is publishing concurrently with this notice its notice of Institution of FiveYear Review which covers the same orders. AGENCY: Effective Date: August 1, 2011. The Department official identified in the Initiation of Review section below at AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205–3193. SUPPLEMENTARY INFORMATION: DATES: FOR FURTHER INFORMATION CONTACT: Background The Department’s procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting FiveYear (‘‘Sunset’’) Reviews of E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Notices]
[Pages 45777-45778]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19407]


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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: Initiation of 
Antidumping Duty New Shipper Review

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


DATES: Effective Date: August 1, 2011.

SUMMARY: The Department of Commerce (``Department'') has determined 
that a request for a new shipper review (``NSR'') of the antidumping 
duty order on tapered roller bearings (``TRBs'') from the People's 
Republic of China (``PRC'') meets the statutory and regulatory 
requirements for initiation. The period of review (``POR'') for this 
NSR is June 1, 2010, through May 31, 2011.

FOR FURTHER INFORMATION CONTACT: Demitri Kalogeropoulos, 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.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on TRBs from the 
PRC was published in the Federal Register on June 15, 1987. See 
Antidumping Duty Order; Tapered Roller Bearings and Parts Thereof, 
Finished or Unfinished, From the People's Republic of China, 52 FR 
22667 (June 15, 1987) (``Order''). On June 30, 2011, pursuant to 
section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended 
(``Act''), and 19 CFR 351.214(b), the

[[Page 45778]]

Department received a NSR request from GGB Bearing Technology (Suzhou) 
Co., Ltd. (``GGB''). GGB's request was made in June 2011, which is the 
anniversary month of the Order. See 19 CFR 351.214(d).
    In its submission, GGB certified that it is the exporter and 
producer of the subject merchandise upon which the request was based. 
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), GGB certified that it did not export TRBs to the 
United States during the period of investigation (``POI''). In 
addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), GGB certified that, since the initiation of the 
investigation, it has not been affiliated with a PRC exporter or 
producer who exported TRBs to the United States during the POI, 
including those not individually examined during the investigation. As 
required by 19 CFR 351.214(b)(2)(iii)(B), GGB also certified that its 
export activities were not controlled by the central government of the 
PRC.
    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), GGB submitted documentation establishing the 
following: (1) The date on which GGB first shipped TRBs for export to 
the United States and the date on which the TRBs were first entered, or 
withdrawn from warehouse, for consumption; (2) the volume of its first 
shipment; and (3) the date of its first sale to an unaffiliated 
customer in the United States.
    The Department conducted U.S. Customs and Border Protection 
(``CBP'') database queries in an attempt to confirm that GGB's 
shipments of subject merchandise had entered the United States for 
consumption and that liquidation of such entries had been properly 
suspended for antidumping duties. The Department also examined whether 
the CBP data confirmed that such entries were made during the NSR 
POR.\1\ The information which the Department examined was consistent 
with that provided by GGB in its request. See Memorandum to the File 
titled ``Initiation of Antidumping New Shipper Review: Tapered Roller 
Bearings and Parts Thereof, Finished and Unfinished, from the People's 
Republic of China, A-570-601,'' (``Initiation Checklist'') dated 
concurrently with this notice.
---------------------------------------------------------------------------

    \1\ See July 14, 2011, memorandum to the file, regarding ``U.S. 
Customs and Border Protection Data.''
---------------------------------------------------------------------------

Period of Review

    In accordance with 19 CFR 351.214(g)(1)(i)(A), the POR for a NSR 
initiated in the month immediately following the anniversary month will 
be the twelve-month period immediately preceding the anniversary month. 
Therefore, the POR for this NSR is June 1, 2010, through May 31, 2011. 
The sales and entries into the United States of subject merchandise 
produced and exported by GGB occurred during this twelve-month POR.

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
the Department finds that the request submitted by GGB meets the 
threshold requirements for initiation of a NSR for the shipment of TRBs 
from the PRC produced and exported by GGB. See Initiation Checklist. 
However, if the information supplied by GGB is later found to be 
incorrect or insufficient during the course of this proceeding, the 
Department may rescind the review or apply adverse facts available 
pursuant to section 776 of the Act, depending upon the facts on record. 
The Department intends to issue the preliminary results of this NSR no 
later than 180 days from the date of initiation, and the final results 
no later than 90 days from the issuance of the preliminary results. See 
section 751(a)(2)(B)(iv) of the Act.
    It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish 
eligibility for an antidumping duty rate separate from the country-wide 
rate provide evidence of de jure and de facto absence of government 
control over the company's export activities. Accordingly, the 
Department will issue a questionnaire to GGB which will include a 
section requesting information with regard to GGB's export activities 
for separate rates purposes. The review will proceed if the response 
provides sufficient indication that GGB is not subject to either de 
jure or de facto government control with respect to its export of 
subject merchandise.
    The Department will instruct CBP to allow, at the option of the 
importer, the posting, until the completion of the review, of a bond or 
security in lieu of a cash deposit for each entry of the subject 
merchandise from GGB in accordance with section 751(a)(2)(B)(iii) of 
the Act and 19 CFR 351.214(e). Because GGB certified that it produced 
and exported the subject merchandise, the Department will apply the 
bonding privilege to GGB for all subject merchandise produced and 
exported by GGB.
    To assist in its analysis of the bona fides of GGB's sales, upon 
initiation of this new shipper review, the Department will require GGB 
to submit on an ongoing basis complete transaction information 
concerning any sales of subject merchandise to the United States that 
were made subsequent to the POR.
    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order in accordance with 19 CFR 351.305 and 19 CFR 351.306. 
This initiation and notice are in accordance with section 751(a)(2)(B) 
of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).

    Dated: July 27, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-19407 Filed 7-29-11; 8:45 am]
BILLING CODE 3510-DS-P