[Federal Register Volume 79, Number 184 (Tuesday, September 23, 2014)]
[Notices]
[Pages 56773-56774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22627]
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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: Notice of Court
Decision Not in Harmony With the Final Results of Antidumping Duty
Administrative Review and Notice of Amended Final Results Pursuant to
Court Decision; 2010-2011
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 19, 2014, the United States Court of International
Trade (``CIT'' or ``Court'') sustained the Department of Commerce's
(the ``Department'') results of redetermination, pursuant to the CIT's
remand order, in The Timken Company v. United States and Changshan Peer
Bearing Co., Ltd. and Peer Bearing Company, Slip Op. 2014-97 (CIT
August 19, 2014), concerning the final results of the antidumping duty
administrative review for tapered roller bearings and parts thereof,
finished and unfinished from the People's Republic of China (``PRC'')
for the period of review June 1, 2010 to May 31, 2011.\1\
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\1\ See Final Results of Redetermination Pursuant to Court
Remand, Court No. 13-00069, Slip Op. 14-97, dated June 12, 2014,
available at: http://enforcement.trade.gov/remands/index.html
(``TRBs Final Remand''); Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished From the People's Republic of China: Amended
Final Results of Antidumping Duty Administrative Review; 2010-2011,
78 FR 12035 (February 21, 2013) (``Amended Final Results'').
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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 judgment in this case is not in harmony with the
Department's Amended Final Results, and it is amending the Amended
Final Results with respect to Changshan Peer Bearing Co., Ltd.
DATES: Effective: August 29, 2014.
FOR FURTHER INFORMATION CONTACT: Brandon Farlander, Office IV,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0182.
SUPPLEMENTARY INFORMATION:
Background
On February 21, 2013, the Department published the Amended Final
Results. One Chinese exporter of tapered roller bearings from the PRC,
Changshan Peer Bearing Co., Ltd., appealed the Department's Amended
Final Results to the CIT, and on May 2, 2014, the Court granted the
Department's request for a voluntary remand to reexamine the alleged
currency conversion error in Changshan Peer Bearing Co., Ltd.'s
reported further manufacturing costs.\2\ After reexamining Changshan
Peer Bearing Co., Ltd.'s further manufacturing costs, the Department
determined that the further manufacturing costs were reported in Thai
baht (not U.S. dollars) and therefore required conversion into U.S.
dollars. On August 19, 2014, the CIT affirmed the Department's TRBs
Final Remand, which resulted in a weighted-average dumping margin of
0.00% for Changshan Peer Bearing Co., Ltd.
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\2\ See The Timken Company v. United States and Changshan Peer
Bearing Co., Ltd. and Peer Bearing Company, Slip Op. 2014-51 (CIT
May 2, 2014).
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Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the CAFC held that, pursuant to section 516A(e) 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 19, 2014
judgment sustaining the TRBs Final Remand constitutes a final decision
of that court that is not in harmony with the Amended Final Results.
This notice is published in fulfillment of the publication requirements
of Timken.
Amended Final Results
Because there is now a final court decision with respect to this
litigation, the Department is amending its
[[Page 56774]]
Amended Final Results with respect to Changshan Peer Bearing Co.,
Ltd.'s weighted-average dumping margin. The revised weighted-average
dumping margin for the period June 1, 2010 to May 31, 2011, for
Changshan Peer Bearing Co., Ltd. is 0.00%.
Accordingly, the Department will continue the suspension of
liquidation of the subject merchandise pending the expiration of the
period of appeal or, if appealed, pending a final and conclusive court
decision. In the event the Court's ruling is not appealed, or if
appealed and upheld by the Federal Circuit, the Department will
instruct U.S. Customs and Border Protection (CBP) to assess antidumping
duties on entries of the subject merchandise exported by Changshan Peer
Bearing Co., Ltd. using the revised assessment rate calculated by the
Department in the Remand Results and listed above.
Cash Deposit Requirements
Since the Amended Final Results, the Department has established a
new cash deposit rate for Changshan Peer Bearing Co., Ltd.\3\
Therefore, Changshan Peer Bearing Co., Ltd.'s cash deposit rate does
not need to be updated as a result of these amended final results. The
cash deposit rate for Changshan Peer Bearing Co., Ltd. will remain the
rate established for the subsequent and most-recent period during which
Changshan Peer Bearing Co., Ltd. was reviewed.
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\3\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, From the People's Republic of China: Final Results of
the 2011-2012 Antidumping Duty Administrative Review and New Shipper
Reviews, 79 FR 4327 (January 27, 2014).
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Notification to Interested Parties
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 17, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-22627 Filed 9-22-14; 8:45 am]
BILLING CODE 3510-DS-P