[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Notices]
[Pages 34985-34986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13870]
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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: Rescission, in Part, of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: June 11, 2013.
FOR FURTHER INFORMATION CONTACT: Blaine Wiltse, AD/CVD Operations,
Office 2, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-6345.
Background
On June 1, 2012, the Department of Commerce (the Department)
published a notice of opportunity to request an administrative review
of the antidumping duty order on tapered roller bearings and parts
thereof, finished and unfinished (TRBs) from the People's Republic of
China (PRC) covering the period June 1, 2011, through May 31, 2012.\1\
The Department received a timely request for an antidumping duty
administrative review from the petitioner, The Timken Company, for the
following companies: (1) Changshan Peer Bearing Company (CPZ/SKF); (2)
Ningbo General Bearing Co., Ltd. (NGBC); and (3) Shanghai General
Bearing--Ningbo Plant (SGBN). The Department also received timely
requests for an antidumping duty administrative review from the
following interested parties as defined by section 771(9)(A) of the
Tariff Act of 1930, as amended (the Act): (1) CPZ/SKF; (2) Dana Heavy
Axle S.A. de C.V. (Dana Heavy Axle); (3) Xinchang Kaiyuan Automotive
Bearing Co., Ltd. (Kaiyuan); (4) Zhejiang Sihe Machine Co., Ltd.
(Sihe); and (5) Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd.
(Zhaofeng). Finally, the Department also received a timely request for
an antidumping duty administrative review from the interested party, as
defined by section 771(9)(A) of the Act, as amended, Dana Off Highway
Products, LLC, for the company Timken de Mexico S.A. de C.V. (Timken
Mexico). On July 31, 2012, the Department published a notice of
initiation \2\ of administrative review with respect to these eight
companies.\3\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 77 FR 32528 (June 1, 2012).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 77 FR
45338, 45340 (July 31, 2012) (Initiation Notice).
\3\ The Department conducts reviews of producers/exporters, not
factories of producers/exporters in isolation. See 19 CFR
351.213(b)(1). Therefore, we initiated a review on Shanghai General
Bearing (SGB), the entity which we believed to be SGBN's parent
company. See Initiation Notice, 77 FR at 45340.
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In September 2012, we received comments \4\ from Shanghai General
Bearing Co., Ltd. (SGBC), a PRC producer/exporter revoked from the
antidumping duty order on TRBs,\5\ requesting that the Department
rescind the review with respect to SGB because it was simply a division
of SGBC (and thus entitled to SGBC's revocation). In this same month,
the petitioner requested that the Department conduct a successor-in-
interest analysis to determine if SGBN is in fact entitled to SGBC's
revocation because the petitioner claimed that there existed questions
regarding when and how SGBN came into existence.
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\4\ For a full discussion of parties' comments on the question
of SGBN, see the ``Decision Memorandum for the Rescission, in Part,
of Antidumping Duty Administrative Review of Tapered Roller Bearings
and Parts Thereof, Finished and Unfinished from the People's
Republic of China,'' (SGBC Final Rescission Memo) from The Team, to
Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, dated concurrently with this notice.
\5\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, From the People's Republic of China; Final Results of
Antidumping Duty Administrative Review and Revocation in Part of
Antidumping Duty Order, 62 FR 6189, 6214 (Feb. 11, 1997) (SGBC
Revocation FR).
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In October 2012, we received arguments from SGBC and the petitioner
as to the appropriate disposition of the review for SGB and SGBN. Also
in October 2012, Kaiyuan withdrew its request for an administrative
review.
On March 25, 2013, we notified parties of our intent to rescind the
review for SGB/SGBN and provided parties an opportunity to comment on
this preliminary rescission.\6\ In April 2013, we received comments
from the petitioner and SGBC.
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\6\ See the memorandum to James Maeder, Director, Office 2, AD/
CVD Operations, from Blaine Wiltse, Senior Analyst, Office 2, AD/CVD
Operations, entitled, ``2011-2012 Administrative Review of Tapered
Roller Bearings and Parts Thereof, Finished and Unfinished from the
People's Republic of China: Intent to Rescind Administrative
Review,'' dated March 25, 2013, at 3.
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Rescission, In Part
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if a party that requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. Kaiyuan's
request was submitted within the 90-day period and, thus, is timely.
Because Kaiyuan previously established its entitlement to a separate
rate that was in effect at the initiation of this administrative
review, Kaiyuan's withdrawal of request for an antidumping duty
administrative review was timely, and no other party requested a review
of this company, we are rescinding this administrative review with
respect to Kaiyuan.
Regarding SGB, in 1997, the Department revoked the antidumping duty
order on TRBs from the PRC with respect to merchandise produced and
exported by SGBC. See SGBC Revocation FR. After receiving and analyzing
extensive comments from the
[[Page 34986]]
petitioner and SGBC, we find that SGBN is merely a factory established
and owned by SGBC and, accordingly, there is no basis to conduct a
review for SGBN.\7\ Therefore, the Department is also rescinding this
administrative review with respect to SGB.
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\7\ See SGBC Final Rescission Memo, at 4.
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We are not rescinding the review for CPZ/SKF, Dana Heavy Axle,
NGBC, Sihe, Timken Mexico, or Zhaofeng.
Assessment
The Department will instruct U.S. Customs and Border Protection
(CBP) to assess antidumping duties on all appropriate entries. For the
companies for which this review is rescinded, antidumping duties shall
be assessed at rates equal to the cash deposit of estimated antidumping
duties required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment instructions to CBP 15 days
after publication of this notice.
Notification to Importers
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 review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties. See 19 CFR 351.402(f)(3).
Notification Regarding Administrative Protective Orders
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 APO in accordance with 19 CFR 351.305, 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.
This notice is issued and published in accordance with section
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR
351.213(d)(4).
Dated: June 5, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2013-13870 Filed 6-10-13; 8:45 am]
BILLING CODE 3510-DS-P