[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Notices]
[Pages 65668-65669]
From the Federal Register Online via the Government Publishing 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.''
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\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-
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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.
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\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.
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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.
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\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.
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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\
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\5\ See Issues and Decision Memorandum at Comment 1.
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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\
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\6\ See Issues and Decision Memorandum at Comment 2.
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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\
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\7\ See Issues and Decision Memorandum at Comment 3.
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We have recalculated surrogate financial ratios using
different financial statements from those used in the Preliminary
Results.\8\
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\8\ See Issues and Decision Memorandum at Comment 4.
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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.
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\9\ See Preliminary Results, 77 FR at 32523-24.
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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)
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GGB Bearing Technology (Suzhou) Co., Ltd./GGB Bearing 12.64
Technology (Suzhou) Co., Ltd...............................
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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