Tapered Roller Bearings and Parts Thereof, Finished and Unfinished From the People's Republic of China: Final Results of Antidumping Duty New Shipper Review, 65668-65669 [2012-26665]

Download as PDF 65668 Federal Register / Vol. 77, No. 210 / Tuesday, October 30, 2012 / Notices 2012, the Department received case briefs from Petitioner and GGB. On July 16, 2012, the Department received rebuttal briefs from Petitioner and GGB. DEPARTMENT OF COMMERCE International Trade Administration [A–570–601] Tapered Roller Bearings and Parts Thereof, Finished and Unfinished From the People’s Republic of China: Final Results of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: October 30, 2012. SUMMARY: On June 1, 2012, the Department of Commerce (the ‘‘Department’’) published in the Federal Register the preliminary results of the antidumping duty new shipper review (NSR) of Tapered Roller Bearings and Parts Thereof, Finished and Unfinished (‘‘TRBs’’) from the People’s Republic of China (‘‘PRC’’) covering sales of subject merchandise produced and exported by GGB Bearing Technology (Suzhou) Co., Ltd. (‘‘GGB’’) during the period of review (‘‘POR’’) of June 1, 2010, through May 31, 2011.1 In accordance with 19 CFR 351.309(c)(ii), we gave interested parties an opportunity to comment on the Preliminary Results. Based on our analysis of the comments received, the Department has made changes to the Preliminary Results. The final weightedaverage dumping margin for GGB is listed below in the section entitled ‘‘Final Results of the New Shipper Review.’’ FOR FURTHER INFORMATION CONTACT: Lori Apodaca or Jeff Pedersen, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4551 or (202) 482– 2769, respectively. SUPPLEMENTARY INFORMATION: We published the Preliminary Results for this NSR on June 1, 2012. In the Preliminary Results, the Department stated that interested parties were to submit case briefs within 30 days of publication of the Preliminary Results and rebuttal briefs within five days after the due date for filing case briefs. On June 27, 2012, the Department extended the deadlines for the case briefs and rebuttal briefs until July 10, 2012 and July 16, 2012, respectively.2 On July 10, wreier-aviles on DSK7SPTVN1PROD with NOTICES AGENCY: 1 See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished From the People’s Republic of China: Preliminary Results of Antidumping Duty New Shipper Review, 77 FR 32522 (June 1, 2012) (‘‘Preliminary Results’’). 2 See Memorandum to All Interested Parties regarding, ‘‘Antidumping Duty New Shipper VerDate Mar<15>2010 13:17 Oct 29, 2012 Jkt 229001 Period of Review The POR is June 1, 2010, through May 31, 2011. 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 3 and 8708.99.80.80.4 Although the HTSUS item numbers are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Analysis of Comments Received All issues raised in the postpreliminary comments by parties in these reviews 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, ‘‘Issues and Decision Memorandum for the Final Results of the New Shipper Review of the Antidumping Duty Order on Tapered Roller Bearings and Parts Thereof, Finished and Unfinished from the People’s Republic of China,’’ dated October 19, 2012 (‘‘Issues and Decision Memorandum’’), which is hereby adopted by this notice. A list of the issues that parties raised and to which the Department responded in the Issues and Decision Memorandum is attached to this notice as an appendix. The Issues and Decision Memorandum is a public document and is on file in the Central Review of Tapered Roller Bearings from the People’s Republic of China: Request to Extend Deadlines for Case Briefs,’’ dated June 27, 2012. 3 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. 4 Effective January 1, 2007, the HTSUS subheading 8708.99.8080 is renumbered as 8708.99.8180; see Id. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Records Unit in room 7046 in the main Commerce Department building, and is also accessible on the Web at http:// ia.ita.doc.gov/frn. The paper copy and electronic version of the memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of the comments received, we have made the following changes to our Preliminary Results: • The normal value that was compared to U.S. price was calculated using certain factors of production that were reported on a per-kilogram basis while U.S. price was reported on a perpiece basis. In the final results, we corrected the dumping analysis to accurately reflect GGB’s reported consumption of its inputs on a per-piece basis.5 • We used the incorrect variable name for the entered value of the TRBs sold by GGB during the POR. In the final results, we corrected the variable name in the margin program to accurately reflect the reported variable name for entered value and corrected the assessment rate programming language.6 • GGB reported a steel scrap byproduct. We intended to grant an offset for this byproduct but made a clerical error in the Preliminary Results by not granting an offset for the steel scrap but rather, adding it to direct materials in the calculation of normal value. In the final results, we corrected the normal value calculation to include steel scrap as a by-product offset.7 • We have recalculated surrogate financial ratios using different financial statements from those used in the Preliminary Results.8 New Shipper Status No party has contested the bona fide nature of GGB’s sales during the POR. Therefore, for these final results, we find, as in the Preliminary Results, that the sales made by GGB during the POR of this NSR were made on a bona fide basis. Surrogate Country Since the Preliminary Results, no interested party has commented on the selection of Thailand as the primary surrogate country. Therefore, we continue to determine that Thailand is 5 See Issues and Decision Memorandum at Comment 1. 6 See Issues and Decision Memorandum at Comment 2. 7 See Issues and Decision Memorandum at Comment 3. 8 See Issues and Decision Memorandum at Comment 4. E:\FR\FM\30OCN1.SGM 30OCN1 Federal Register / Vol. 77, No. 210 / Tuesday, October 30, 2012 / Notices the appropriate primary surrogate country for the final results of this NSR. Separate Rates The Department found in the Preliminary Results that GGB was wholly foreign-owned, and, therefore, further analysis was not necessary to determine whether GGB’s export activities are independent from government control.9 No party has contested the separate rate status of GGB during the POR. Therefore, for the final results, we continue to determine that GGB is eligible for a separate rate. Final Results of the New Shipper Review The Department has determined that the following weighted-average dumping margin exists for GGB for the period June 1, 2010, through May 31, 2011: Weightedaverage dumping margin (percent) Exporter/producer GGB Bearing Technology (Suzhou) Co., Ltd./GGB Bearing Technology (Suzhou) Co., Ltd. .......................................... 12.64 Disclosure The Department will disclose the calculations performed for these final results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). wreier-aviles on DSK7SPTVN1PROD with NOTICES Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. Because GGB’s weighted-average dumping margin is above de minimis, we will calculate importer-specific ad valorem antidumping duty assessment rates based on the ratio of the total amount of dumping calculated for each importer’s examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). In accordance with 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties the appropriate entries of subject merchandise during the POR for which the importer-specific assessment rate is zero or de minimis. Cash Deposit Requirements DEPARTMENT OF COMMERCE Consistent with Departmental practice in new shipper reviews, the Department has established a combination cash deposit rate for GGB as described below. The following cash deposit requirements will be effective upon publication of the final results of this NSR 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 Tariff Act of 1930, as amended (‘‘the Act’’): (1) For subject merchandise exported and produced by GGB, the cash deposit rate will be the rate established in the final results of this review; (2) for subject merchandise exported by GGB but not produced by GGB, the cash deposit rate will be the PRC-wide rate of 92.84 percent; (3) for subject merchandise produced by GGB but not exported by GGB, the cash deposit rate will be the rate applicable to the exporter; (4) for other previously investigated or reviewed PRC and non-PRC exporters that have separate rates, the cash deposit rate will continue to be the rate published for the most recently completed segment of this proceeding; (5) for all other PRC exporters of subject merchandise, the cash deposit rate will be the PRC-wide rate of 92.84 percent; and (6) 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(s) that supplied that nonPRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. International Trade Administration Notification to Interested Parties This notice serves as a 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 POR. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. The Department is issuing and publishing this determination in accordance with sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214(h) and 351.221(b)(4). Dated: October 19, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–26665 Filed 10–29–12; 8:45 am] 9 See Preliminary Results, 77 FR at 32523–24. VerDate Mar<15>2010 13:17 Oct 29, 2012 Jkt 229001 65669 BILLING CODE 3510–DS–P PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 [A–570–836] Glycine From the People’s Republic of China: Notice of Initiation of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has received a request for a new shipper review of the antidumping duty order on glycine from the People’s Republic of China (the PRC). See Antidumping Duty Order: Glycine From the People’s Republic of China, 60 FR 16115 (March 29, 1995) (Order). In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(d), we are initiating an antidumping duty new shipper review of Hebei Donghua Jiheng Fine Chemical Co., Ltd. (Donghua Fine Chemical). The period of review (POR) of this new shipper review is March 1, 2012, through August 31, 2012. DATES: Effective Date: October 30, 2012. FOR FURTHER INFORMATION CONTACT: Brian Davis or Angelica Mendoza, AD/ CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482–7924 or (202) 482– 3019, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 29, 1995, the Department published the antidumping duty order on glycine from the PRC. See Order. Thus, the antidumping duty order on glycine from the PRC has a March anniversary month. On September 28, 2012, the Department received a timely filed request for a new shipper review from Donghua Fine Chemical and Hebei Donghua Jiheng Chemical Co., Ltd. (Donghua Chemical). In its request for a review, Donghua Fine Chemical identified itself as both a producer and exporter of the subject merchandise and Donghua Chemical as a producer who provided the input product that was further processed by Donghua Fine Chemical to produce the subject merchandise that was exported to the United States. Both Donghua Fine Chemical and Donghua Chemical state that they are affiliates within the E:\FR\FM\30OCN1.SGM 30OCN1

Agencies

[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Notices]
[Pages 65668-65669]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26665]



[[Page 65668]]

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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 
Antidumping Duty New Shipper Review

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

DATES: Effective Date: October 30, 2012.

SUMMARY: On June 1, 2012, the Department of Commerce (the 
``Department'') published in the Federal Register the preliminary 
results of the antidumping duty new shipper review (NSR) of Tapered 
Roller Bearings and Parts Thereof, Finished and Unfinished (``TRBs'') 
from the People's Republic of China (``PRC'') covering sales of subject 
merchandise produced and exported by GGB Bearing Technology (Suzhou) 
Co., Ltd. (``GGB'') during the period of review (``POR'') of June 1, 
2010, through May 31, 2011.\1\ In accordance with 19 CFR 
351.309(c)(ii), we gave interested parties an opportunity to comment on 
the Preliminary Results. Based on our analysis of the comments 
received, the Department has made changes to the Preliminary Results. 
The final weighted-average dumping margin for GGB is listed below in 
the section entitled ``Final Results of the New Shipper Review.''
---------------------------------------------------------------------------

    \1\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished From the People's Republic of China: Preliminary Results 
of Antidumping Duty New Shipper Review, 77 FR 32522 (June 1, 2012) 
(``Preliminary Results'').

FOR FURTHER INFORMATION CONTACT: Lori Apodaca or Jeff Pedersen, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
---------------------------------------------------------------------------
4551 or (202) 482-2769, respectively.

SUPPLEMENTARY INFORMATION: We published the Preliminary Results for 
this NSR on June 1, 2012. In the Preliminary Results, the Department 
stated that interested parties were to submit case briefs within 30 
days of publication of the Preliminary Results and rebuttal briefs 
within five days after the due date for filing case briefs. On June 27, 
2012, the Department extended the deadlines for the case briefs and 
rebuttal briefs until July 10, 2012 and July 16, 2012, respectively.\2\ 
On July 10, 2012, the Department received case briefs from Petitioner 
and GGB. On July 16, 2012, the Department received rebuttal briefs from 
Petitioner and GGB.
---------------------------------------------------------------------------

    \2\ See Memorandum to All Interested Parties regarding, 
``Antidumping Duty New Shipper Review of Tapered Roller Bearings 
from the People's Republic of China: Request to Extend Deadlines for 
Case Briefs,'' dated June 27, 2012.
---------------------------------------------------------------------------

Period of Review

    The POR is June 1, 2010, through May 31, 2011.

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 \3\ and 8708.99.80.80.\4\ Although the HTSUS item numbers 
are provided for convenience and customs purposes, the written 
description of the scope of the order is dispositive.
---------------------------------------------------------------------------

    \3\ 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.
    \4\ Effective January 1, 2007, the HTSUS subheading 8708.99.8080 
is renumbered as 8708.99.8180; see Id.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the post-preliminary comments by parties in 
these reviews 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, ``Issues and Decision Memorandum for the Final Results 
of the New Shipper Review of the Antidumping Duty Order on Tapered 
Roller Bearings and Parts Thereof, Finished and Unfinished from the 
People's Republic of China,'' dated October 19, 2012 (``Issues and 
Decision Memorandum''), which is hereby adopted by this notice. A list 
of the issues that parties raised and to which the Department responded 
in the Issues and Decision Memorandum is attached to this notice as an 
appendix. The Issues and Decision Memorandum is a public document and 
is on file in the Central Records Unit in room 7046 in the main 
Commerce Department building, and is also accessible on the Web at 
http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made the 
following changes to our Preliminary Results:
     The normal value that was compared to U.S. price was 
calculated using certain factors of production that were reported on a 
per-kilogram basis while U.S. price was reported on a per-piece basis. 
In the final results, we corrected the dumping analysis to accurately 
reflect GGB's reported consumption of its inputs on a per-piece 
basis.\5\
---------------------------------------------------------------------------

    \5\ See Issues and Decision Memorandum at Comment 1.
---------------------------------------------------------------------------

     We used the incorrect variable name for the entered value 
of the TRBs sold by GGB during the POR. In the final results, we 
corrected the variable name in the margin program to accurately reflect 
the reported variable name for entered value and corrected the 
assessment rate programming language.\6\
---------------------------------------------------------------------------

    \6\ See Issues and Decision Memorandum at Comment 2.
---------------------------------------------------------------------------

     GGB reported a steel scrap by-product. We intended to 
grant an offset for this byproduct but made a clerical error in the 
Preliminary Results by not granting an offset for the steel scrap but 
rather, adding it to direct materials in the calculation of normal 
value. In the final results, we corrected the normal value calculation 
to include steel scrap as a by-product offset.\7\
---------------------------------------------------------------------------

    \7\ See Issues and Decision Memorandum at Comment 3.
---------------------------------------------------------------------------

     We have recalculated surrogate financial ratios using 
different financial statements from those used in the Preliminary 
Results.\8\
---------------------------------------------------------------------------

    \8\ See Issues and Decision Memorandum at Comment 4.
---------------------------------------------------------------------------

New Shipper Status

    No party has contested the bona fide nature of GGB's sales during 
the POR. Therefore, for these final results, we find, as in the 
Preliminary Results, that the sales made by GGB during the POR of this 
NSR were made on a bona fide basis.

Surrogate Country

    Since the Preliminary Results, no interested party has commented on 
the selection of Thailand as the primary surrogate country. Therefore, 
we continue to determine that Thailand is

[[Page 65669]]

the appropriate primary surrogate country for the final results of this 
NSR.

Separate Rates

    The Department found in the Preliminary Results that GGB was wholly 
foreign-owned, and, therefore, further analysis was not necessary to 
determine whether GGB's export activities are independent from 
government control.\9\ No party has contested the separate rate status 
of GGB during the POR. Therefore, for the final results, we continue to 
determine that GGB is eligible for a separate rate.
---------------------------------------------------------------------------

    \9\ See Preliminary Results, 77 FR at 32523-24.
---------------------------------------------------------------------------

Final Results of the New Shipper Review

    The Department has determined that the following weighted-average 
dumping margin exists for GGB for the period June 1, 2010, through May 
31, 2011:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
GGB Bearing Technology (Suzhou) Co., Ltd./GGB Bearing              12.64
 Technology (Suzhou) Co., Ltd...............................
------------------------------------------------------------------------

Disclosure

    The Department will disclose the calculations performed for these 
final results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review. Because GGB's weighted-average dumping margin 
is above de minimis, we will calculate importer-specific ad valorem 
antidumping duty assessment rates based on the ratio of the total 
amount of dumping calculated for each importer's examined sales to the 
total entered value of those same sales in accordance with 19 CFR 
351.212(b)(1). In accordance with 19 CFR 351.106(c)(2), we will 
instruct CBP to liquidate without regard to antidumping duties the 
appropriate entries of subject merchandise during the POR for which the 
importer-specific assessment rate is zero or de minimis.

Cash Deposit Requirements

    Consistent with Departmental practice in new shipper reviews, the 
Department has established a combination cash deposit rate for GGB as 
described below. The following cash deposit requirements will be 
effective upon publication of the final results of this NSR 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 Tariff Act of 1930, as 
amended (``the Act''): (1) For subject merchandise exported and 
produced by GGB, the cash deposit rate will be the rate established in 
the final results of this review; (2) for subject merchandise exported 
by GGB but not produced by GGB, the cash deposit rate will be the PRC-
wide rate of 92.84 percent; (3) for subject merchandise produced by GGB 
but not exported by GGB, the cash deposit rate will be the rate 
applicable to the exporter; (4) for other previously investigated or 
reviewed PRC and non-PRC exporters that have separate rates, the cash 
deposit rate will continue to be the rate published for the most 
recently completed segment of this proceeding; (5) for all other PRC 
exporters of subject merchandise, the cash deposit rate will be the 
PRC-wide rate of 92.84 percent; and (6) 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(s) that 
supplied that non-PRC exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Interested Parties

    This notice serves as a 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 POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    The Department is issuing and publishing this determination in 
accordance with sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 
351.214(h) and 351.221(b)(4).

    Dated: October 19, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-26665 Filed 10-29-12; 8:45 am]
BILLING CODE 3510-DS-P