[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Notices]
[Pages 58996-58997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23390]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-601]
Tapered Roller Bearings from the People's Republic of China:
Notice of Court Decision Not in Harmony With Final Results of
Administrative Review and Notice of Amended Final Results of
Administrative Review
AGENCY: International Trade Administration, Department of Commerce.
SUMMARY: On August 30, 2013, the United States Court of International
Trade (``CIT'' or ``Court'') sustained the Department of Commerce's
(``Department'') final results of the second remand redetermination \1\
relating to the twentieth administrative review of the antidumping duty
order on tapered roller bearings from the People's Republic of China
(``PRC''), in Peer Bearing Company--Changshan v. United States, Court
No. 09-00052, Slip. Op. 13-116 (CIT 2013) (``CPZ III''). Consistent
with the decision of the United States Court of Appeals for the Federal
Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337 (Fed.
Cir. 1990) (``Timken''), as clarified by Diamond Sawblades Mfrs.
Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond
Sawblades''), the Department is notifying the public that the final CIT
judgment in this case is not in harmony with the Department's final
results and is amending its final results of the administrative review
of the antidumping duty order on tapered roller bearings from the PRC
covering the period of review (``POR'') of June 1, 2006, through May
31, 2007, with respect to the weighted-average dumping margin assigned
to Peer Bearing Company--Changshan (``CPZ'').
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\1\ See Final Results of Redetermination Pursuant to Court
Remand, Court No. 09-00052, Slip Op. 12-102, dated October 2, 2012
(``CPZ II Remand Redetermination'').
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DATES: Effective Date: September 9, 2013.
FOR FURTHER INFORMATION CONTACT: Brendan Quinn, Office 8, AD/CVD
Operations, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-5848.
SUPPLEMENTARY INFORMATION:
Background
Subsequent to the publication of the Final Results \2\ on January
22, 2009, CPZ filed a complaint with the CIT to challenge various
aspects of the Final Results.
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\2\ 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 (January 22,
2009) (``Final Results'').
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On January 28, 2011, in Peer Bearing Company--Changshan v. United
States, 752 F. Supp. 2d 1353 (CIT 2011) (``CPZ I''), the Court remanded
the Final Results and ordered that the Department: a) re-determine
CPZ's margin using U.S. prices calculated in a manner that complies
with the law, either by employing the constructed export price
(``CEP'') methodology using price and transaction data available on the
administrative record or re-opening the record to obtain export price
(``EP'') information; and b) review, reconsider, and re-determine
surrogate values (``SVs'') for alloy steel wire rod, alloy steel bar,
and scrap from the production of cages, used to calculate CPZ's factors
of production.
In response to CPZ I, the Department issued the Final Results of
Redetermination Pursuant to Remand, Court No. 09-00052, Slip Op. 11-11
(CIT 2011) on July 1, 2011 (``CPZ I Remand Redetermination''). In the
CPZ I Remand Redetermination, the Department determined: 1) that CPZ's
dumping margin should be calculated on an EP basis; 2) that CPZ was
unresponsive to the Department's requests for EP information; and 3) to
apply total adverse facts available (``AFA'') to CPZ. As a result of
the determination to apply total AFA to CPZ, the Department did not
reach any determination regarding SV issues remanded by the Court in
CPZ I.
On August 2, 2012, in Peer Bearing Company--Changshan v. United
States, Court No. 09-00052, Slip Op. 12-102 (CIT 2012) (``CPZ II''),
the Court remanded the CPZ I Remand Redetermination to the Department.
In
[[Page 58997]]
CPZ II, the Court held that the Department acted unlawfully by using an
adverse inference in re-determining CPZ's dumping margin, and acted
unlawfully by failing to recalculate the SVs. The Court ordered the
Department to: 1) Determine the U.S. price for CPZ's sales of subject
merchandise according to a lawful method; and 2) review, reconsider,
and re-determine the SVs.
In response to CPZ II, the Department issued the CPZ II Remand
Redetermination on October 2, 2012. In the CPZ II Remand
Redetermination, the Department: 1) Applied non-AFA by calculating
CPZ's margin utilizing the CEP U.S. price methodology based on sales
information available on the record of the underlying review; and 2)
re-determined the SVs based on alternative SV information on the
record.
On August 31, 2013, the Court sustained the CPZ II Remand
Redetermination, holding that: 1) There was no error in the
Department's decision to use the record CEP data instead of entered
value data to determine the U.S. prices of CPZ's subject merchandise,
as had been argued during the remand proceeding; and 2) the re-
determined SVs comply with the remand order issued in CPZ I.\3\
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\3\ See CPZ III, Slip Op. 13-116 at 5-9.
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Timken Notice
In its decision in Timken, as clarified by Diamond Sawblades, the
CAFC held that, pursuant to section 516A(c) of the Tariff Act of 1930,
as amended (``the Act''), the Department must publish a notice of a
court decision that is not ``in harmony'' with a Department
determination and must suspend liquidation of entries pending a
``conclusive'' court decision. The CIT's August 30, 2013, judgment in
this case constitutes a final decision of that court that is not in
harmony with the Department's final results of the administrative
review. This notice is published in fulfillment of the publication
requirements of Timken. Accordingly, the Department will continue the
suspension of liquidation of the subject merchandise pending expiration
of the period of appeal or, if appealed, pending a final and conclusive
court decision. The cash deposit rate will remain the company-specific
rate established for the most recently completed segment of this
proceeding in which the respondent was included.
Amended Final Results
Because there is now a final court decision with respect to this
case, the Department is amending its Final Results with respect to
CPZ's weighted-average dumping margin for the period June 1, 2006
through May 31, 2007. The revised weighted-average dumping margin is as
follows:
TRBs From the PRC
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Weighted-
average
Exporter margin
(percent)
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Peer Bearing Company--Changshan (CPZ)................... 6.25
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In the event that the CIT's ruling is not appealed, or if appealed,
upheld by the CAFC, the Department will instruct Customs and Border
Protection to assess antidumping duties on entries of the subject
merchandise exported by CPZ during the POR.
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: September 18, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-23390 Filed 9-24-13; 8:45 am]
BILLING CODE 3510-DS-P