Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Final Results of the 2009-2010 Antidumping Duty Administrative Review and Rescission of Administrative Review, in Part, 2271-2274 [2012-730]
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Federal Register / Vol. 77, No. 10 / Tuesday, January 17, 2012 / Notices
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Dated: January 11, 2012.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2012–726 Filed 1–13–12; 8:45 am]
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[FR Doc. 2012–725 Filed 1–13–12; 8:45 am]
BILLING CODE 3510–JT–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 2009–2010
Antidumping Duty Administrative
Review and Rescission of
Administrative Review, in Part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 13, 2011, the
Department of Commerce
(‘‘Department’’) published the
preliminary results and intent to rescind
in part, of the 2009–2010 administrative
review of the antidumping duty order
on 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
2009–2010 Administrative Review of the
Antidumping Duty Order and Intent To
Rescind Administrative Review, in Part,
76 FR 41207 (July 13, 2011)
AGENCY:
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(‘‘Preliminary Results’’). The period of
review (‘‘POR’’) is June 1, 2009, through
May 31, 2010.
This review covers four respondents:
(1) Changshan Peer Bearing Company,
Ltd. (‘‘CPZ/SKF,’’ also referred to as
‘‘SKF’’); (2) Tainshui Hailin Import and
Export Corporation (‘‘Hailin I&E’’); 1 (3)
Zhejiang Sihe Machine Co., Ltd.
(‘‘Sihe’’); and (4) Xinchang Kaiyuan
Automotive Bearing Co., Ltd.
(‘‘Kaiyuan’’).
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 CPZ/SKF.
The final dumping margins for this
review are listed in the ‘‘Final Results
Margins’’ section below.
DATES: Effective Date: January 17, 2012.
FOR FURTHER INFORMATION CONTACT:
Frances Veith or Demitrios
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)
482–4295 or (202) 482–2623,
respectively.
Background
On July 13, 2011, the Department
published its Preliminary Results in the
antidumping duty administrative review
of TRBs from the PRC. On July 26, 2011,
Hailin I&E submitted its response to the
Department’s post-preliminary
supplemental questionnaire regarding
successor-in-interest information. On
August 1, 2011, CPZ/SKF submitted its
response to the Department’s postpreliminary supplemental questionnaire
regarding affiliation and factors of
production (‘‘FOPs’’). The Timken
Company (‘‘Petitioner’’) submitted postpreliminary surrogate value data on
August 2, 2011. On August 12, 2011,
Petitioner submitted a request for a
public and closed hearings. Petitioner
submitted comments regarding Hailin
I&E’s response to the Department’s postpreliminary supplemental questionnaire
on August 22, 2011.
On November 9, 2011, Hailin I&E
submitted its case brief and on
November 12, 2011, Petitioner
submitted its case brief. On November
16, 2011, Petitioner, Hailin I&E, SKF,
Fremont International Trading Inc., d/b/
a FIT Bearings (‘‘FIT’’), and Northfield
1 Because the Department previously revoked the
order with respect to TRBs exported by Hailin I&E
that had been produced by Hailin Bearing Factory
(‘‘HB Factory’’) this administrative review only
covers TRBs exported by Hailin I&E that were
produced by any manufacturer other than HB
Factory.
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Industries LLC (‘‘Northfield’’), U.S.
importers of TRBs from the PRC, each
submitted a rebuttal brief. On November
22, 2011, Petitioner withdrew its request
for public and closed hearings.
On November 8, 2011, the Department
published an extension of time for the
final results to December 12, 2011. See
Tapered Roller Bearings and Parts
Thereof, Finished or Unfinished, From
the People’s Republic of China:
Extension of Time Limit for the Final
Results of the Antidumping Duty
Administrative Review, 76 FR 69241
(November 8, 2011). On December 7,
2011, the Department published a full
extension of the deadline for the final
results to January 9, 2012. See Tapered
Roller Bearings and Parts Thereof,
Finished or Unfinished, From the
People’s Republic of China: Notice of
Second Extension of Time Limit for the
Final Results of the Antidumping Duty
Administrative Review, 76 FR 76360
(December 7, 2011).
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 Paul Piquado, 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 2009–2010
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. Parties can find
a complete discussion of all issues
raised in this review and the
corresponding recommendations in the
public memorandum, which is on file
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Services System (‘‘IA
ACCESS’’). Access to IA ACCESS is
available in the Central Records Unit
room 7046 of the main Commerce
building. In addition, a complete
version of the Decision Memorandum
can be accessed directly on the Web at
https://ia.ita.doc.gov/frn. The signed
Issues and Decision Memorandum and
the electronic versions of the Issues and
Decision Memorandum are identical in
content.
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Period of Review
The POR is June 1, 2009, through May
31, 2010.
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 2 and 8708.99.80.80.3
Although the HTSUS item numbers are
provided for convenience and customs
purposes, the written description of the
scope of the order is dispositive.
Subsequent to the issuance of the
order, we issued the following scope
rulings:
On February 7, 2011, in response to
an inquiry from Blackstone OTR LLC
and OTR Wheel Engineering, Inc.
(collectively, ‘‘Blackstone OTR’’), the
Department ruled that Blackstone OTR’s
wheel hub assemblies are included in
the scope of the order.4
On April 18, 2011, in response to an
inquiry from New Trend Engineering
Limited (‘‘New Trend’’), the Department
ruled that: (1) New Trend’s splined and
non-splined wheel hub assemblies
without antilock braking system
(‘‘ABS’’) elements are included in the
scope of the order; and (2) New Trend’s
wheel hub assemblies with ABS
elements are also included in the scope
of the order.5
On June 14, 2011, in response to an
inquiry from Bosda International (USA)
LLC (‘‘Bosda’’), the Department ruled
2 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
https://www.usitc.gov.
3 Effective January 1, 2007, the HTSUS
subheading 8708.99.8080 is renumbered as
8708.99.8180; see id.
4 See Memorandum entitled ‘‘Tapered Roller
Bearings from the People’s Republic of China: Final
Scope Ruling on Blackstone OTR LLC and OTR
Wheel Engineering, Inc.’s Wheel Hub Assemblies
and TRBs,’’ dated February 7, 2011.
5 See Memorandum entitled, ‘‘Tapered Roller
Bearings from the People’s Republic of China: Final
Scope Ruling on New Trend Engineering Ltd.’s
Wheel Hub Assemblies,’’ dated April 18, 2011.
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Federal Register / Vol. 77, No. 10 / Tuesday, January 17, 2012 / Notices
that Bosda’s wheel hub assemblies are
included in the scope of the order.6
On August 2, 2011, in response to an
inquiry from DF Machinery
International, Inc. (‘‘DF Machinery’’),
the Department ruled that DF
Machinery’s agricultural hub units are
included in the scope of the order.7
Successor in Interest Determination
and Rescission of the Administrative
Review, in Part
In the Preliminary Results, although
we preliminarily determined Gansu
Hailin Zhongke Science & Technology
Co., Ltd. (‘‘Hailin Zhongke’’) to be the
successor-in-interest to Hailin Bearing
Factory (‘‘HB Factory’’), we stated that
we intended to solicit additional
information to further consider this
issue. We also stated that we intended
to solicit additional information to
determine whether Hailin Zhongke was
the sole producer of the merchandise
sold by Hailin I&E to the United States
during the POR.8 For the final results,
we continue to find that Hailin Zhongke
is the successor-in-interest to HB
Factory.9 Additionally, because we
determined that Hailin I&E had no
exports to the United States during the
POR of TRBs produced by any
manufacturer other than HB Factory’s
successor-in-interest, we are rescinding
the review with respect to Hailin I&E
and any manufacturer other than HB
Factory or its successor-in-interest,
Hailin Zhongke. For further discussion
of this issue see the Issues and Decision
Memorandum at Comment 4.
Changes Since the Preliminary Results
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Based on an analysis of the comments
received, the Department has made
certain changes to the margin
calculation for CPZ/SKF. For the final
results, the Department has made the
following changes:
• We adjusted CPZ/SKF’s steel bar
consumption for all control numbers
(‘‘CONNUMs’’) to account for CPZ/
6 See Memorandum entitled ‘‘Tapered Roller
Bearings from the People’s Republic of China Final
Scope Determination on Bosda’s Wheel Hub
Assemblies,’’ dated June 14, 2011.
7 See Memorandum entitled ‘‘Tapered Roller
Bearings and Parts Thereof, finished and
Unfinished, from the People’s Republic of ChinaFinal Scope Determination on DF Machinery’s
Agricultural Hub Units,’’ dated August 3, 2011.
8 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.
9 See Issues and Decision Memorandum at
Comment 4.
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SKF’s consumption of purchased
finished forged components not
reported in its consumption of steel
bar.10
• We made the following changes to
CPZ/SKF’s FOP data for merchandise
which CPZ/SKF sold during the POR
and which was produced by Spungenowned Peer Bearing Company, Ltd.—
Changshan (‘‘CPZ/PBCD’’). As facts
available, in accordance with section
776(a)(1) of the Tariff Act of 1930, as
amended (the ‘‘Act’’), in our normal
value calculation for CPZ/SKF: (1) We
included consumption factors from
CPZ/PBCD’s prior period FOP database
and third-country processing costs,
where applicable; 11 (2) for those sales
that did not have corresponding CPZ/
PBCD prior period FOPs, we used CPZ/
SKF’s current period consumption
factors and third-country processing
costs, where applicable, for those same
models;12 (3) we valued the CPZ/PBCDproduced FOPs using current period
surrogate values; and (4) for CPZ/
PBCD’s inputs (i.e., steel bar, spacer,
and coal), we used contemporaneous
Indian import data, placed on the record
by Petitioner,13 specifically, the
harmonized tariff schedule (‘‘HTS’’)
subcategory 7228.30.29 (other bars and
rods of other alloy steel), HTS
subcategory 8482.99 (other ball or roller
bearings), and HTS subcategory 2701.11
(anthracite coal), respectively.14
review, and, thus continue to find that
they are eligible for separate-rate status.
See id. As stated in the Preliminary
Results, CPZ/SKF reported that it is
wholly foreign-owned, and therefore,
consistent with the Department’s
practice, a further separate rate analysis
was not necessary to determine whether
CPZ/SKF’s export activities were
independent from government control,
and we preliminarily granted a separate
rate to CPZ/SKF.15 For the final results,
we continue to find that CPZ/SKF is
eligible for separate rate status.
Separate Rates
In the Preliminary Results, we found
that Sihe and Kaiyuan, separate-rate
respondents, demonstrated their
eligibility for separate-rate status. See
Preliminary Results, 76 FR at 41210. For
the final results, we also continue to
find that the evidence placed on the
record of this review by Sihe and
Kaiyuan demonstrates both a de jure
and de facto absence of government
control, with respect to their respective
exports of the merchandise under
Final Results Margins
10 See
Issues and Decision Memorandum at
Comment 1.
11 See Petitioner’s submission pertaining to SKF,
dated December 17, 2010.
12 See the Department’s Memorandum titled,
‘‘2009–2010 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 Changshan
Peer Bearing Company’’ dated concurrently with
this notice (‘‘Analysis Memo’’).
13 See Petitioner’s surrogate value submission
dated January 14, 2011; see also Issues and Decision
Memorandum at Comment 3.
14 See the Department’s Memorandum titled,
‘‘Final Results of the 2009–2010 Administrative
Review of the Antidumping Duty Order on Tapered
Roller Bearings and Parts Thereof, Finished or
Unfinished, from the People’s Republic of China:
Surrogate Value Memorandum’’ dated concurrently
with this notice.
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Margin for the Separate Rate
Companies
As discussed above, the Department
continues to find that Sihe and Kaiyuan
have demonstrated their eligibility for a
separate rate. For the exporters subject
to a review that are determined to be
eligible for separate rate status, but are
not selected as individually examined
respondents, the Department generally
weight-averages the rates calculated for
the individually examined respondents,
excluding any rates that are zero, de
minimis, or based entirely on facts
available.16 Consistent with the
Department’s practice, as the separate
rate, we have established a margin for
Sihe and Kaiyuan based on the rate we
calculated for the individually
examined respondent, CPZ/SKF.
We determine that the following
weighted-average dumping margins
exist for the period June 1, 2009,
through May 31, 2010:
TRBS FROM THE PRC
Exporters
Changshan Peer Bearing Co.,
Ltd .........................................
Zhejiang Sihe Machine Co., Ltd
Xinchang Kaiyuan Automotive
Bearing Co., Ltd ....................
Weightedaverage
percent
margin
10.03
10.03
10.03
15 See, e.g., Notice of Final Determination of Sales
at Less Than Fair Value: Creatine Monohydrate
from the People’s Republic of China, 64 FR 71104,
71104–05 (December 20, 1999) (where the
respondent was wholly foreign-owned and, thus,
qualified for a separate rate).
16 See, e.g., Wooden Bedroom Furniture From the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review,
Preliminary Results of New Shipper Review and
Partial Rescission of Administrative Review, 73 FR
8273, 8279 (February 13, 2008) (unchanged in
Wooden Bedroom Furniture from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review and New Shipper
Review, 73 FR 49162 (August 20, 2008)).
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), 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
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 dutyassessment 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, 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.
With regard to Hailin I&E, we
continue to find that Hailin Zhongke (1)
is the successor-in-interest to HB
Factory; and (2) was Hailin I&E’s sole
supplier of TRBs sold to the United
States during the POR. We will instruct
CBP to liquidate Hailin I&E’s entries of
subject merchandise produced by Hailin
Zhongke during the POR without regard
to antidumping duties for any
unliquidated entries after November 9,
2001.17
With regard to CPZ/SKF, we made a
correction to the calculation of the
preliminary, importer-specific
assessment rate. For the Preliminary
Results we calculated two importer17 See Issues and Decision Memorandum at
Comment 4.
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specific assessment rates for CPZ/SKF
based on CPZ/SKF’s U.S. sales database,
which reported ‘‘Peer/SKF’’ and ‘‘Peer/
PBCD’’ as distinct importers. The
Department finds, however, that CPZ/
SKF’s sales under review were imported
by a single importer.18 Accordingly, the
Department has corrected its assessment
rate calculation to calculate one
assessment rate using all of CPZ/SKF’s
sales during the POR.19 The labels
‘‘Peer/SKF’’ and ‘‘Peer/PBCD’’ were
relevant in the prior review to
distinguish sales made by either CPZ/
PBCD and CPZ/SKF which were
separately under review as distinct
respondents using the same importer,
requiring the calculation of two
assessment rates, one for each
respondent.20 In the instant review of
CPZ/SKF, we find that, as in the prior
review, a single assessment rate is
appropriate for this respondent.
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 from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For CPZ/SKF,
Sihe, and Kaiyuan, the cash deposit rate
will be their respective rates established
in the final results of this review, except
if the rate is zero or de minimis no cash
deposit will be required; (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 nonPRC exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
18 See CPZ/SKF’s supplemental Section C
questionnaire response dated March 14, 2011 at
SC–7.
19 See Analysis Memo.
20 See 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, 76 FR
3086 (January 19, 2011) and accompanying issues
and decision memorandum at Comment 7.
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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
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: January 9, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
Comment 1: Whether CPZ/SKF Accurately
Reported its Steel Bar Consumption
Comment 2: Whether CPZ/SKF Accurately
Reported its ME Purchases
Comment 3: Whether to Use Prior Period
FOPs When Valuing Certain of CPZ/
SKF’s Sales
Comment 4: Whether Hailin I&E’s Producer,
Hailin Zhongke, is the Successor-in
Interest to HB Factory
Comment 5: Whether to Reinstate the Order
With Respect to Hailin I&E
Comment 6: Whether to Modify Hailin I&E’s
Liquidation Instructions
Comment 7: Whether the Department
Incorrectly Merged Databases
[FR Doc. 2012–730 Filed 1–13–12; 8:45 am]
BILLING CODE P
E:\FR\FM\17JAN1.SGM
17JAN1
Agencies
[Federal Register Volume 77, Number 10 (Tuesday, January 17, 2012)]
[Notices]
[Pages 2271-2274]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-730]
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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
2009-2010 Antidumping Duty Administrative Review and Rescission of
Administrative Review, in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 13, 2011, the Department of Commerce (``Department'')
published the preliminary results and intent to rescind in part, of the
2009-2010 administrative review of the antidumping duty order on
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 2009-2010 Administrative Review of the Antidumping Duty Order and
Intent To Rescind Administrative Review, in Part, 76 FR 41207 (July 13,
2011)
[[Page 2272]]
(``Preliminary Results''). The period of review (``POR'') is June 1,
2009, through May 31, 2010.
This review covers four respondents: (1) Changshan Peer Bearing
Company, Ltd. (``CPZ/SKF,'' also referred to as ``SKF''); (2) Tainshui
Hailin Import and Export Corporation (``Hailin I&E''); \1\ (3) Zhejiang
Sihe Machine Co., Ltd. (``Sihe''); and (4) Xinchang Kaiyuan Automotive
Bearing Co., Ltd. (``Kaiyuan'').
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\1\ Because the Department previously revoked the order with
respect to TRBs exported by Hailin I&E that had been produced by
Hailin Bearing Factory (``HB Factory'') this administrative review
only covers TRBs exported by Hailin I&E that were produced by any
manufacturer other than HB Factory.
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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 CPZ/SKF. The final
dumping margins for this review are listed in the ``Final Results
Margins'' section below.
DATES: Effective Date: January 17, 2012.
FOR FURTHER INFORMATION CONTACT: Frances Veith or Demitrios
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) 482-4295 or (202) 482-2623, respectively.
Background
On July 13, 2011, the Department published its Preliminary Results
in the antidumping duty administrative review of TRBs from the PRC. On
July 26, 2011, Hailin I&E submitted its response to the Department's
post-preliminary supplemental questionnaire regarding successor-in-
interest information. On August 1, 2011, CPZ/SKF submitted its response
to the Department's post-preliminary supplemental questionnaire
regarding affiliation and factors of production (``FOPs''). The Timken
Company (``Petitioner'') submitted post-preliminary surrogate value
data on August 2, 2011. On August 12, 2011, Petitioner submitted a
request for a public and closed hearings. Petitioner submitted comments
regarding Hailin I&E's response to the Department's post-preliminary
supplemental questionnaire on August 22, 2011.
On November 9, 2011, Hailin I&E submitted its case brief and on
November 12, 2011, Petitioner submitted its case brief. On November 16,
2011, Petitioner, Hailin I&E, SKF, Fremont International Trading Inc.,
d/b/a FIT Bearings (``FIT''), and Northfield Industries LLC
(``Northfield''), U.S. importers of TRBs from the PRC, each submitted a
rebuttal brief. On November 22, 2011, Petitioner withdrew its request
for public and closed hearings.
On November 8, 2011, the Department published an extension of time
for the final results to December 12, 2011. See Tapered Roller Bearings
and Parts Thereof, Finished or Unfinished, From the People's Republic
of China: Extension of Time Limit for the Final Results of the
Antidumping Duty Administrative Review, 76 FR 69241 (November 8, 2011).
On December 7, 2011, the Department published a full extension of the
deadline for the final results to January 9, 2012. See Tapered Roller
Bearings and Parts Thereof, Finished or Unfinished, From the People's
Republic of China: Notice of Second Extension of Time Limit for the
Final Results of the Antidumping Duty Administrative Review, 76 FR
76360 (December 7, 2011).
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 Paul Piquado, 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 2009-2010 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. Parties can find a complete discussion of all issues
raised in this review and the corresponding recommendations in the
public memorandum, which is on file electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Services System (``IA ACCESS''). Access to IA ACCESS is
available in the Central Records Unit room 7046 of the main Commerce
building. In addition, a complete version of the Decision Memorandum
can be accessed directly on the Web at https://ia.ita.doc.gov/frn. The
signed Issues and Decision Memorandum and the electronic versions of
the Issues and Decision Memorandum are identical in content.
Period of Review
The POR is June 1, 2009, through May 31, 2010.
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 \2\ and 8708.99.80.80.\3\ Although the HTSUS item numbers
are provided for convenience and customs purposes, the written
description of the scope of the order is dispositive.
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\2\ 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 https://www.usitc.gov.
\3\ Effective January 1, 2007, the HTSUS subheading 8708.99.8080
is renumbered as 8708.99.8180; see id.
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Subsequent to the issuance of the order, we issued the following
scope rulings:
On February 7, 2011, in response to an inquiry from Blackstone OTR
LLC and OTR Wheel Engineering, Inc. (collectively, ``Blackstone OTR''),
the Department ruled that Blackstone OTR's wheel hub assemblies are
included in the scope of the order.\4\
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\4\ See Memorandum entitled ``Tapered Roller Bearings from the
People's Republic of China: Final Scope Ruling on Blackstone OTR LLC
and OTR Wheel Engineering, Inc.'s Wheel Hub Assemblies and TRBs,''
dated February 7, 2011.
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On April 18, 2011, in response to an inquiry from New Trend
Engineering Limited (``New Trend''), the Department ruled that: (1) New
Trend's splined and non-splined wheel hub assemblies without antilock
braking system (``ABS'') elements are included in the scope of the
order; and (2) New Trend's wheel hub assemblies with ABS elements are
also included in the scope of the order.\5\
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\5\ See Memorandum entitled, ``Tapered Roller Bearings from the
People's Republic of China: Final Scope Ruling on New Trend
Engineering Ltd.'s Wheel Hub Assemblies,'' dated April 18, 2011.
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On June 14, 2011, in response to an inquiry from Bosda
International (USA) LLC (``Bosda''), the Department ruled
[[Page 2273]]
that Bosda's wheel hub assemblies are included in the scope of the
order.\6\
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\6\ See Memorandum entitled ``Tapered Roller Bearings from the
People's Republic of China Final Scope Determination on Bosda's
Wheel Hub Assemblies,'' dated June 14, 2011.
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On August 2, 2011, in response to an inquiry from DF Machinery
International, Inc. (``DF Machinery''), the Department ruled that DF
Machinery's agricultural hub units are included in the scope of the
order.\7\
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\7\ See Memorandum entitled ``Tapered Roller Bearings and Parts
Thereof, finished and Unfinished, from the People's Republic of
China- Final Scope Determination on DF Machinery's Agricultural Hub
Units,'' dated August 3, 2011.
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Successor in Interest Determination and Rescission of the
Administrative Review, in Part
In the Preliminary Results, although we preliminarily determined
Gansu Hailin Zhongke Science & Technology Co., Ltd. (``Hailin
Zhongke'') to be the successor-in-interest to Hailin Bearing Factory
(``HB Factory''), we stated that we intended to solicit additional
information to further consider this issue. We also stated that we
intended to solicit additional information to determine whether Hailin
Zhongke was the sole producer of the merchandise sold by Hailin I&E to
the United States during the POR.\8\ For the final results, we continue
to find that Hailin Zhongke is the successor-in-interest to HB
Factory.\9\ Additionally, because we determined that Hailin I&E had no
exports to the United States during the POR of TRBs produced by any
manufacturer other than HB Factory's successor-in-interest, we are
rescinding the review with respect to Hailin I&E and any manufacturer
other than HB Factory or its successor-in-interest, Hailin Zhongke. For
further discussion of this issue see the Issues and Decision Memorandum
at Comment 4.
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\8\ 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.
\9\ See Issues and Decision Memorandum at Comment 4.
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Changes Since the Preliminary Results
Based on an analysis of the comments received, the Department has
made certain changes to the margin calculation for CPZ/SKF. For the
final results, the Department has made the following changes:
We adjusted CPZ/SKF's steel bar consumption for all
control numbers (``CONNUMs'') to account for CPZ/SKF's consumption of
purchased finished forged components not reported in its consumption of
steel bar.\10\
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\10\ See Issues and Decision Memorandum at Comment 1.
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We made the following changes to CPZ/SKF's FOP data for
merchandise which CPZ/SKF sold during the POR and which was produced by
Spungen-owned Peer Bearing Company, Ltd.--Changshan (``CPZ/PBCD''). As
facts available, in accordance with section 776(a)(1) of the Tariff Act
of 1930, as amended (the ``Act''), in our normal value calculation for
CPZ/SKF: (1) We included consumption factors from CPZ/PBCD's prior
period FOP database and third-country processing costs, where
applicable; \11\ (2) for those sales that did not have corresponding
CPZ/PBCD prior period FOPs, we used CPZ/SKF's current period
consumption factors and third-country processing costs, where
applicable, for those same models;\12\ (3) we valued the CPZ/PBCD-
produced FOPs using current period surrogate values; and (4) for CPZ/
PBCD's inputs (i.e., steel bar, spacer, and coal), we used
contemporaneous Indian import data, placed on the record by
Petitioner,\13\ specifically, the harmonized tariff schedule (``HTS'')
subcategory 7228.30.29 (other bars and rods of other alloy steel), HTS
subcategory 8482.99 (other ball or roller bearings), and HTS
subcategory 2701.11 (anthracite coal), respectively.\14\
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\11\ See Petitioner's submission pertaining to SKF, dated
December 17, 2010.
\12\ See the Department's Memorandum titled, ``2009-2010
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 Changshan Peer Bearing Company'' dated concurrently
with this notice (``Analysis Memo'').
\13\ See Petitioner's surrogate value submission dated January
14, 2011; see also Issues and Decision Memorandum at Comment 3.
\14\ See the Department's Memorandum titled, ``Final Results of
the 2009-2010 Administrative Review of the Antidumping Duty Order on
Tapered Roller Bearings and Parts Thereof, Finished or Unfinished,
from the People's Republic of China: Surrogate Value Memorandum''
dated concurrently with this notice.
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Separate Rates
In the Preliminary Results, we found that Sihe and Kaiyuan,
separate-rate respondents, demonstrated their eligibility for separate-
rate status. See Preliminary Results, 76 FR at 41210. For the final
results, we also continue to find that the evidence placed on the
record of this review by Sihe and Kaiyuan demonstrates both a de jure
and de facto absence of government control, with respect to their
respective exports of the merchandise under review, and, thus continue
to find that they are eligible for separate-rate status. See id. As
stated in the Preliminary Results, CPZ/SKF reported that it is wholly
foreign-owned, and therefore, consistent with the Department's
practice, a further separate rate analysis was not necessary to
determine whether CPZ/SKF's export activities were independent from
government control, and we preliminarily granted a separate rate to
CPZ/SKF.\15\ For the final results, we continue to find that CPZ/SKF is
eligible for separate rate status.
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\15\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value: Creatine Monohydrate from the People's Republic of
China, 64 FR 71104, 71104-05 (December 20, 1999) (where the
respondent was wholly foreign-owned and, thus, qualified for a
separate rate).
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Margin for the Separate Rate Companies
As discussed above, the Department continues to find that Sihe and
Kaiyuan have demonstrated their eligibility for a separate rate. For
the exporters subject to a review that are determined to be eligible
for separate rate status, but are not selected as individually examined
respondents, the Department generally weight-averages the rates
calculated for the individually examined respondents, excluding any
rates that are zero, de minimis, or based entirely on facts
available.\16\ Consistent with the Department's practice, as the
separate rate, we have established a margin for Sihe and Kaiyuan based
on the rate we calculated for the individually examined respondent,
CPZ/SKF.
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\16\ See, e.g., Wooden Bedroom Furniture From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review, Preliminary Results of New Shipper Review and
Partial Rescission of Administrative Review, 73 FR 8273, 8279
(February 13, 2008) (unchanged in Wooden Bedroom Furniture from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review and New Shipper Review, 73 FR 49162 (August
20, 2008)).
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Final Results Margins
We determine that the following weighted-average dumping margins
exist for the period June 1, 2009, through May 31, 2010:
TRBs from the PRC
------------------------------------------------------------------------
Weighted-
average
Exporters percent
margin
------------------------------------------------------------------------
Changshan Peer Bearing Co., Ltd............................ 10.03
Zhejiang Sihe Machine Co., Ltd............................. 10.03
Xinchang Kaiyuan Automotive Bearing Co., Ltd............... 10.03
------------------------------------------------------------------------
[[Page 2274]]
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
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 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, 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.
With regard to Hailin I&E, we continue to find that Hailin Zhongke
(1) is the successor-in-interest to HB Factory; and (2) was Hailin
I&E's sole supplier of TRBs sold to the United States during the POR.
We will instruct CBP to liquidate Hailin I&E's entries of subject
merchandise produced by Hailin Zhongke during the POR without regard to
antidumping duties for any unliquidated entries after November 9,
2001.\17\
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\17\ See Issues and Decision Memorandum at Comment 4.
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With regard to CPZ/SKF, we made a correction to the calculation of
the preliminary, importer-specific assessment rate. For the Preliminary
Results we calculated two importer-specific assessment rates for CPZ/
SKF based on CPZ/SKF's U.S. sales database, which reported ``Peer/SKF''
and ``Peer/PBCD'' as distinct importers. The Department finds, however,
that CPZ/SKF's sales under review were imported by a single
importer.\18\ Accordingly, the Department has corrected its assessment
rate calculation to calculate one assessment rate using all of CPZ/
SKF's sales during the POR.\19\ The labels ``Peer/SKF'' and ``Peer/
PBCD'' were relevant in the prior review to distinguish sales made by
either CPZ/PBCD and CPZ/SKF which were separately under review as
distinct respondents using the same importer, requiring the calculation
of two assessment rates, one for each respondent.\20\ In the instant
review of CPZ/SKF, we find that, as in the prior review, a single
assessment rate is appropriate for this respondent.
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\18\ See CPZ/SKF's supplemental Section C questionnaire response
dated March 14, 2011 at SC-7.
\19\ See Analysis Memo.
\20\ See 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, 76 FR 3086
(January 19, 2011) and accompanying issues and decision memorandum
at Comment 7.
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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 from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For CPZ/SKF, Sihe, and
Kaiyuan, the cash deposit rate will be their respective rates
established in the final results of this review, except if the rate is
zero or de minimis no cash deposit will be required; (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, when
imposed, 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 with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: January 9, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
Comment 1: Whether CPZ/SKF Accurately Reported its Steel Bar
Consumption
Comment 2: Whether CPZ/SKF Accurately Reported its ME Purchases
Comment 3: Whether to Use Prior Period FOPs When Valuing Certain of
CPZ/SKF's Sales
Comment 4: Whether Hailin I&E's Producer, Hailin Zhongke, is the
Successor-in Interest to HB Factory
Comment 5: Whether to Reinstate the Order With Respect to Hailin I&E
Comment 6: Whether to Modify Hailin I&E's Liquidation Instructions
Comment 7: Whether the Department Incorrectly Merged Databases
[FR Doc. 2012-730 Filed 1-13-12; 8:45 am]
BILLING CODE P