Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2010-2011, 3396-3398 [2013-00835]
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Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Notices
Dated: January 10, 2013.
Audrey Rowe,
Administrator, Food and Nutrition Service.
[FR Doc. 2013–00823 Filed 1–15–13; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–601]
Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished,
From the People’s Republic of China:
Final Results of Antidumping Duty
Administrative Review; 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 10, 2012, the
Department of Commerce
(‘‘Department’’) published the
preliminary results of, and intent to
rescind in part, the 2010–2011
administrative review of the
antidumping duty order on tapered
roller bearings (‘‘TRBs’’) from the
People’s Republic of China (‘‘PRC’’).1
Further, the Department released the
results of its post-preliminary analysis
on December 7, 2012.2 The period of
review (‘‘POR’’) is June 1, 2010, through
May 31, 2011.
This review covers five respondents:
(1) Changshan Peer Bearing Company,
Ltd. (‘‘CPZ/SKF’’); (2) Xiang Yang
Automobile Bearing Co., Ltd. (‘‘ZXY’’);
(3) Tianshui Hailin Import and Export
Corporation (‘‘Tianshui Hailin’’); (4)
Haining Automann Parts Co., Ltd.
(‘‘Haining Automann’’); and (5) Zhejiang
Zhaofeng Mechanical and Electronic
Co., Ltd. (‘‘Zhejiang Zhaofeng’’).
We invited interested parties to
comment on our Preliminary Results
and post-preliminary analysis. Based on
our analysis of the comments received,
we made certain changes to our margin
calculations for CPZ/SKF. The final
weighted-average dumping margins for
this review are listed in the ‘‘Final
Results of Review’’ section below.
DATES: Effective Date: January 16, 2013.
FOR FURTHER INFORMATION CONTACT:
Brandon Farlander or Erin Kearney, AD/
mstockstill on DSK4VPTVN1PROD with
AGENCY:
1 See Tapered Roller Bearings and Parts Thereof,
Finished or Unfinished, From the People’s Republic
of China: Preliminary Results of the 2010–2011
Antidumping Duty Administrative Review,
Rescission In Part, and Intent To Rescind in Part,
77 FR 40579 (July 10, 2012) (‘‘Preliminary Results’’).
2 See Memorandum from Abdelali Elouaradia,
Office Director, to Paul Piquado, Assistant Secretary
for Import Administration, ‘‘Administrative Review
of Tapered Roller Bearings and Parts Thereof,
Finished or Unfinished from the People’s Republic
of China: Post-Preliminary Targeted Dumping
Analysis Memorandum,’’ dated December 7, 2012.
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Jkt 229001
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) 482–0182 or (202) 482–
0167, respectively.
Background
On July 10, 2012, the Department
published its Preliminary Results in the
antidumping duty administrative review
of TRBs from the PRC. The Timken
Company (‘‘Petitioner’’) submitted postpreliminary surrogate value data on July
30, 2012. Petitioner and CPZ/SKF each
submitted case briefs on August 9, 2012,
and rebuttal briefs on August 14, 2012.
On October 17, 2012, the Department
extended the deadline for the final
results by 60 days, until January 6, 2013.
On October 31, 2012, as explained in
the memorandum from the Assistant
Secretary for Import Administration, the
Department exercised its discretion to
toll deadlines for the duration of the
closure of the Federal Government from
October 29, through October 30, 2012,
which extended the deadline for the
final results by two additional days,
until January 8, 2013.3 On December 7,
2012, the Department released its postpreliminary analysis, and Petitioner and
CPZ/SKF submitted post-preliminary
comments on December 14, 2012, and
post-preliminary rebuttal comments on
December 18, 2012.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs as well as the postpreliminary comments and rebuttal
comments 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, ‘‘Issues and Decision
Memorandum for the Final Results of
the Antidumping Duty Administrative
Review of Tapered Roller Bearings and
Parts Thereof, Finished and Unfinished
from the People’s Republic of China,’’
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
3 See Memorandum to the Record from Paul
Piquado, AS for Import Administration, regarding
‘‘Tolling of Administrative Deadlines As a Result of
the Government Closure During the Recent
Hurricane,’’ dated October 31, 2012.
PO 00000
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Sfmt 4703
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 to registered users at https://
iaaccess.trade.gov, and is available to all
parties in the Central Records Unit room
7046 of the main Commerce building. In
addition, a complete version of the
Issues and 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 version of the Issues and
Decision Memorandum are identical in
content.
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 4 and 8708.99.80.80.5
Although the HTSUS item numbers are
provided for convenience and customs
purposes, the written description of the
scope of the order is dispositive.
PRC-Wide Entity
The Department initiated a review of
Haining Automann and Zhejiang
Zhaofeng but neither company provided
a separate rate application. Because
these companies do not already have
separate rates, they remain part of the
PRC-wide entity in this review.
Accordingly, the PRC-wide entity is
under review for these final results.
In NME proceedings, ‘rates’ may
consist of a single dumping margin
4 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.
5 Effective January 1, 2007, the HTSUS
subheading 8708.99.8080 is renumbered as
8708.99.8180; see id.
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applicable to all exporters and
producers.’’ 6 Therefore, we assigned the
PRC-wide entity a rate of 92.84 percent,
the rate most recently assigned to the
PRC-wide entity in this proceeding.7 We
have received no information since
issuance of the Preliminary Results that
provides a basis for reconsidering this
determination, and will, therefore,
continue to apply the rate of 92.84
percent to the PRC-wide entity,
including Haining Automann and
Zhejiang Zhaofeng.
Furthermore, in the Preliminary
Results, we stated that, because all
review requests for Tianshui Hailin
were timely withdrawn, we intended to
rescind this review with respect to
Tianshui Hailin in the final results if the
PRC-wide entity is not reviewed
because Tianshui Hailin did not have a
separate rate prior to the review.
However, because Haining Automann
and Zhejiang Zhaofeng remain part of
the PRC-wide entity, the PRC-wide
entity is under review. Therefore, we
have not rescinded the review with
respect to Tianshui Hailin, and it will
remain under review as part of the PRCwide entity.
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 valued factory overhead,
selling, general, and administrative
expenses, and profit using the financial
statements of NSK Bearing
Manufacturing (Thailand) Co., Ltd. and
JTEKT (Thailand) Co., Ltd.
• We valued CPZ/SKF’s roller steel
using Harmonized Tariff Schedule
(‘‘HTS’’) category 7228.50.10 (‘‘Other
bars and rods, not further worked than
cold-forming or cold-finished: of
circular cross-section’’), rather than HTS
category 7227.90 (‘‘Bars and rods of
alloy steel (other than stainless), hotrolled, in irregularly wound coils,
NESOI’’).
• We corrected the margin calculation
to apply the weight-averaged
percentages for CPZ/SKF’s market
economy and non-market economy
purchases of steel bar to the cost of
transporting the steel bar.
6 See
19 CFR 351.107(d).
Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, From the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review, 74 FR 3987, 3988
(January 22, 2009). We note that this determination
is currently in litigation at the Court of International
Trade; however, a final decision from the court has
not been issued.
mstockstill on DSK4VPTVN1PROD with
7 See
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• The PRC-wide entity is under
review.
• We are not rescinding this review,
in part, for Tianshui Hailin.
Separate Rates
In the Preliminary Results, we found
that ZXY, a separate-rate respondent,
demonstrated its eligibility for a
separate rate.8 For the final results, we
continue to find that the evidence
placed on the record of this review by
ZXY demonstrates an absence of both de
jure and de facto government control
with respect to its exports of the
merchandise under review, and, thus
continue to find that it is eligible for a
separate rate.9 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.10 For the final results, we
continue to find that CPZ/SKF is
eligible for a separate rate.
Margin for the Separate-Rate
Companies
As discussed above, the Department
continues to find that ZXY has
demonstrated its eligibility for a
separate rate. For the exporters subject
to a review that are determined to be
eligible for a separate rate, 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.11 Consistent with the
Department’s practice, as the separate
rate, we have established a weightedaverage dumping margin for ZXY based
on the rate calculated for the
individually examined respondent,
CPZ/SKF.
8 See
Preliminary Results, 77 FR at 40581–82.
id.
10 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).
11 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)).
9 See
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Final Results of Review
We determine that the following
weighted-average dumping margins
exist for the period June 1, 2010,
through May 31, 2011:
TRBS FROM THE PRC
Exporter
Changshan Peer Bearing Co.,
Ltd. ........................................
Xiang Yang Automobile Bearing Co., Ltd. ..........................
PRC-wide entity* ......................
Weightedaverage
dumping
margin
(percent)
15.28
15.28
92.84
* The PRC-wide entity includes Haining
Automann, Zhejiang Zhaofeng, and Tianshui
Hailin.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Tariff Act of 1930, as amended (‘‘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. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of these final results
of review.
For any individually examined
respondents whose weighted-average
dumping margin is above de minimis,
we calculated importer-specific
assessment rates for merchandise
subject to this review.12 For Changshan
Peer Bearing Co., Ltd., we calculated an
ad valorem rate for each importer by
dividing the total amount of dumping
calculated for the importer’s examined
sales by the total entered values
associated with those sales. 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. We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review where an importer-specific
assessment rate is above de minimis
(i.e., 0.50 percent). Where either the
respondent’s weighted-average dumping
margin is zero or de minimis,13 or an
12 In these final results, the Department applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (‘‘Final Modification for
Reviews’’).
13 See Final Modification for Reviews.
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importer-specific assessment rate is zero
or de minimis,14 we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
We will instruct CBP to liquidate
entries of subject merchandise exported
by the PRC-wide entity at the ad
valorem rate of 92.84 percent of entered
value.
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
and ZXY, 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, then 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 rate for the PRC-wide entity 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.
mstockstill on DSK4VPTVN1PROD with
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
14 See
19 CFR 351.106(c)(2).
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17:01 Jan 15, 2013
Jkt 229001
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 8, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
Comment 1: Targeted Dumping
Comment 2: Financial Ratios
Comment 3: Surrogate Value for Labor
Comment 4: Surrogate Value and Labor
Hours for Roller Steel
Comment 5: Valuation of Steel for CPZ/
PBCD-Produced Merchandise
Comment 6: Steel Bar Transportation
[FR Doc. 2013–00835 Filed 1–15–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
United States Travel and Tourism
Advisory Board: Meeting of the United
States Travel and Tourism Advisory
Board
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an open meeting.
AGENCY:
This notice sets forth the
schedule and agenda for an open
meeting of the United States Travel and
Tourism Advisory Board (Board). The
Board will meet to present updates on
the work of its subcommittees and hear
briefings from representatives of the
U.S. government on the implementation
of the National Travel and Tourism
Strategy and the progress on
implementing the President’s Executive
Order 13597 on travel and tourism. The
agenda may change to accommodate
Board business. The final agenda will be
posted on the Department of Commerce
Web site for the Board at https://tinet.ita.
SUMMARY:
PO 00000
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doc.gov/TTAB/TTAB_Home.html, at
least one week in advance of the
meeting.
DATES: February 4, 2013 1:30 p.m.–3:30
p.m. Eastern Standard Time (EST)
ADDRESSES: Biltmore Miami HotelsResort 1200 Anastasia Avenue, Miami,
Florida 33134.
FOR FURTHER INFORMATION CONTACT:
Jennifer Pilat, the United States Travel
and Tourism Advisory Board, Room
4043, 1401 Constitution Avenue NW.,
Washington, DC 20230, telephone: 202–
482–4501, email:
jennifer.pilat@trade.gov.
SUPPLEMENTARY INFORMATION:
Agenda: At the meeting, the Board
will hear updates from its four
subcommittees on travel facilitation,
business climate, infrastructure and
sustainability, and advocacy.
Background: The Board will advise
the Secretary of Commerce on matters
relating to the U.S. travel and tourism
industry.
Public Participation: The meeting will
be open to the public and will be
physically accessible to people with
disabilities. All guests are requested to
register in advance. Seating is limited
and will be on a first come, first served
basis. Requests for sign language
interpretation, other auxiliary aids, or
pre-registration, should be submitted no
later than 5 p.m. EST on January 22,
2013 to Jennifer Pilat, the U.S. Travel
and Tourism Advisory Board, Room
4043, 1401 Constitution Avenue NW.,
Washington, DC 20230, telephone 202–
482–4501, OACIE@trade.gov. Last
minute requests will be accepted, but
may be impossible to fill.
No time will be available for oral
comments from members of the public
attending the meeting. Any member of
the public may submit pertinent written
comments concerning the Board’s affairs
at any time before or after the meeting.
Comments may be submitted to Jennifer
Pilat at the contact information
indicated above. To be considered
during the meeting, comments must be
received no later than 5:00 p.m. EST on
January 22, 2013, to ensure transmission
to the Board prior to the meeting.
Comments received after that date
will be distributed to the members but
may not be considered at the meeting.
Copies of Board meeting minutes will
be available within 90 days of the
meeting.
Dated: January 11, 2013.
Jennifer Pilat,
Executive Secretary, United States Travel and
Tourism Advisory Board.
[FR Doc. 2013–00842 Filed 1–15–13; 8:45 am]
BILLING CODE 3510–DR–P
E:\FR\FM\16JAN1.SGM
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Agencies
[Federal Register Volume 78, Number 11 (Wednesday, January 16, 2013)]
[Notices]
[Pages 3396-3398]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00835]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-601]
Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 10, 2012, the Department of Commerce (``Department'')
published the preliminary results of, and intent to rescind in part,
the 2010-2011 administrative review of the antidumping duty order on
tapered roller bearings (``TRBs'') from the People's Republic of China
(``PRC'').\1\ Further, the Department released the results of its post-
preliminary analysis on December 7, 2012.\2\ The period of review
(``POR'') is June 1, 2010, through May 31, 2011.
---------------------------------------------------------------------------
\1\ See Tapered Roller Bearings and Parts Thereof, Finished or
Unfinished, From the People's Republic of China: Preliminary Results
of the 2010-2011 Antidumping Duty Administrative Review, Rescission
In Part, and Intent To Rescind in Part, 77 FR 40579 (July 10, 2012)
(``Preliminary Results'').
\2\ See Memorandum from Abdelali Elouaradia, Office Director, to
Paul Piquado, Assistant Secretary for Import Administration,
``Administrative Review of Tapered Roller Bearings and Parts
Thereof, Finished or Unfinished from the People's Republic of China:
Post-Preliminary Targeted Dumping Analysis Memorandum,'' dated
December 7, 2012.
---------------------------------------------------------------------------
This review covers five respondents: (1) Changshan Peer Bearing
Company, Ltd. (``CPZ/SKF''); (2) Xiang Yang Automobile Bearing Co.,
Ltd. (``ZXY''); (3) Tianshui Hailin Import and Export Corporation
(``Tianshui Hailin''); (4) Haining Automann Parts Co., Ltd. (``Haining
Automann''); and (5) Zhejiang Zhaofeng Mechanical and Electronic Co.,
Ltd. (``Zhejiang Zhaofeng'').
We invited interested parties to comment on our Preliminary Results
and post-preliminary analysis. Based on our analysis of the comments
received, we made certain changes to our margin calculations for CPZ/
SKF. The final weighted-average dumping margins for this review are
listed in the ``Final Results of Review'' section below.
DATES: Effective Date: January 16, 2013.
FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Erin Kearney, 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-
0182 or (202) 482-0167, respectively.
Background
On July 10, 2012, the Department published its Preliminary Results
in the antidumping duty administrative review of TRBs from the PRC. The
Timken Company (``Petitioner'') submitted post-preliminary surrogate
value data on July 30, 2012. Petitioner and CPZ/SKF each submitted case
briefs on August 9, 2012, and rebuttal briefs on August 14, 2012. On
October 17, 2012, the Department extended the deadline for the final
results by 60 days, until January 6, 2013. On October 31, 2012, as
explained in the memorandum from the Assistant Secretary for Import
Administration, the Department exercised its discretion to toll
deadlines for the duration of the closure of the Federal Government
from October 29, through October 30, 2012, which extended the deadline
for the final results by two additional days, until January 8, 2013.\3\
On December 7, 2012, the Department released its post-preliminary
analysis, and Petitioner and CPZ/SKF submitted post-preliminary
comments on December 14, 2012, and post-preliminary rebuttal comments
on December 18, 2012.
---------------------------------------------------------------------------
\3\ See Memorandum to the Record from Paul Piquado, AS for
Import Administration, regarding ``Tolling of Administrative
Deadlines As a Result of the Government Closure During the Recent
Hurricane,'' dated October 31, 2012.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs as well as the
post-preliminary comments and rebuttal comments 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, ``Issues and Decision Memorandum for the Final Results
of the Antidumping Duty Administrative Review of Tapered Roller
Bearings and Parts Thereof, Finished and Unfinished from the People's
Republic of China,'' 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 to registered users at
https://iaaccess.trade.gov, and is available to all parties in the
Central Records Unit room 7046 of the main Commerce building. In
addition, a complete version of the Issues and 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 version of the
Issues and Decision Memorandum are identical in content.
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 \4\ and 8708.99.80.80.\5\ 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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\4\ 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.
\5\ Effective January 1, 2007, the HTSUS subheading 8708.99.8080
is renumbered as 8708.99.8180; see id.
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PRC-Wide Entity
The Department initiated a review of Haining Automann and Zhejiang
Zhaofeng but neither company provided a separate rate application.
Because these companies do not already have separate rates, they remain
part of the PRC-wide entity in this review. Accordingly, the PRC-wide
entity is under review for these final results.
In NME proceedings, `rates' may consist of a single dumping margin
[[Page 3397]]
applicable to all exporters and producers.'' \6\ Therefore, we assigned
the PRC-wide entity a rate of 92.84 percent, the rate most recently
assigned to the PRC-wide entity in this proceeding.\7\ We have received
no information since issuance of the Preliminary Results that provides
a basis for reconsidering this determination, and will, therefore,
continue to apply the rate of 92.84 percent to the PRC-wide entity,
including Haining Automann and Zhejiang Zhaofeng.
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\6\ See 19 CFR 351.107(d).
\7\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review, 74 FR 3987, 3988 (January
22, 2009). We note that this determination is currently in
litigation at the Court of International Trade; however, a final
decision from the court has not been issued.
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Furthermore, in the Preliminary Results, we stated that, because
all review requests for Tianshui Hailin were timely withdrawn, we
intended to rescind this review with respect to Tianshui Hailin in the
final results if the PRC-wide entity is not reviewed because Tianshui
Hailin did not have a separate rate prior to the review. However,
because Haining Automann and Zhejiang Zhaofeng remain part of the PRC-
wide entity, the PRC-wide entity is under review. Therefore, we have
not rescinded the review with respect to Tianshui Hailin, and it will
remain under review as part of the PRC-wide entity.
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 valued factory overhead, selling, general, and
administrative expenses, and profit using the financial statements of
NSK Bearing Manufacturing (Thailand) Co., Ltd. and JTEKT (Thailand)
Co., Ltd.
We valued CPZ/SKF's roller steel using Harmonized Tariff
Schedule (``HTS'') category 7228.50.10 (``Other bars and rods, not
further worked than cold-forming or cold-finished: of circular cross-
section''), rather than HTS category 7227.90 (``Bars and rods of alloy
steel (other than stainless), hot-rolled, in irregularly wound coils,
NESOI'').
We corrected the margin calculation to apply the weight-
averaged percentages for CPZ/SKF's market economy and non-market
economy purchases of steel bar to the cost of transporting the steel
bar.
The PRC-wide entity is under review.
We are not rescinding this review, in part, for Tianshui
Hailin.
Separate Rates
In the Preliminary Results, we found that ZXY, a separate-rate
respondent, demonstrated its eligibility for a separate rate.\8\ For
the final results, we continue to find that the evidence placed on the
record of this review by ZXY demonstrates an absence of both de jure
and de facto government control with respect to its exports of the
merchandise under review, and, thus continue to find that it is
eligible for a separate rate.\9\ 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.\10\ For the final
results, we continue to find that CPZ/SKF is eligible for a separate
rate.
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\8\ See Preliminary Results, 77 FR at 40581-82.
\9\ See id.
\10\ 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 ZXY has
demonstrated its eligibility for a separate rate. For the exporters
subject to a review that are determined to be eligible for a separate
rate, 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.\11\ Consistent with
the Department's practice, as the separate rate, we have established a
weighted-average dumping margin for ZXY based on the rate calculated
for the individually examined respondent, CPZ/SKF.
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\11\ 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 of Review
We determine that the following weighted-average dumping margins
exist for the period June 1, 2010, through May 31, 2011:
TRBs From the PRC
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Changshan Peer Bearing Co., Ltd............................ 15.28
Xiang Yang Automobile Bearing Co., Ltd..................... 15.28
PRC-wide entity*........................................... 92.84
------------------------------------------------------------------------
* The PRC-wide entity includes Haining Automann, Zhejiang Zhaofeng, and
Tianshui Hailin.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (``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. The
Department intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review.
For any individually examined respondents whose weighted-average
dumping margin is above de minimis, we calculated importer-specific
assessment rates for merchandise subject to this review.\12\ For
Changshan Peer Bearing Co., Ltd., we calculated an ad valorem rate for
each importer by dividing the total amount of dumping calculated for
the importer's examined sales by the total entered values associated
with those sales. 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. We will instruct
CBP to assess antidumping duties on all appropriate entries covered by
this review where an importer-specific assessment rate is above de
minimis (i.e., 0.50 percent). Where either the respondent's weighted-
average dumping margin is zero or de minimis,\13\ or an
[[Page 3398]]
importer-specific assessment rate is zero or de minimis,\14\ we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
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\12\ In these final results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012) (``Final Modification
for Reviews'').
\13\ See Final Modification for Reviews.
\14\ See 19 CFR 351.106(c)(2).
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We will instruct CBP to liquidate entries of subject merchandise
exported by the PRC-wide entity at the ad valorem rate of 92.84 percent
of entered value.
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 and ZXY,
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,
then 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 rate for
the PRC-wide entity 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 8, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
Comment 1: Targeted Dumping
Comment 2: Financial Ratios
Comment 3: Surrogate Value for Labor
Comment 4: Surrogate Value and Labor Hours for Roller Steel
Comment 5: Valuation of Steel for CPZ/PBCD-Produced Merchandise
Comment 6: Steel Bar Transportation
[FR Doc. 2013-00835 Filed 1-15-13; 8:45 am]
BILLING CODE P