[Federal Register: February 24, 2006 (Volume 71, Number 37)]
[Notices]
[Page 9521-9522]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe06-47]
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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: Amended Final Results
of Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 17, 2006, the Department of Commerce (the
``Department'') published Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, from the People's Republic of China: Final
Results of 2003-2004 Administrative Review and Partial Rescission of
Review, 71 FR 2517 (January 17, 2006) (``Final Results''), covering the
period of review (``POR'') June 1, 2003, through May 31, 2004. We are
amending the Final Results to correct ministerial errors made in the
calculation of the dumping margins for Luoyang Bearing Corporation
(Group) (``LYC''), pursuant to section 751(h) of the Tariff Act of
1930, as amended (``the Act'').
EFFECTIVE DATE: February 24, 2006.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, Eugene Degnan or
Robert Bolling, AD/CVD Operations, Office 8, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-4243, (202) 482-0414 or (202) 482-3434, respectively.
SUPPLEMENTARY INFORMATION:
Scope of Order
Merchandise covered by this order is tapered roller bearings
(``TRBs'') from the People's Republic of China (``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. This merchandise is currently classifiable under the
Harmonized Tariff Schedule of the United States (``HTSUS'') item
numbers 8482.20.00, 8482.91.00.50, 8482.99.30, 8483.20.40, 8483.20.80,
8483.30.80, 8483.90.20, 8483.90.30, 8483.90.80, 8708.99.80.15, and
8708.99.80.80. Although the HTSUS item numbers are provided for
convenience and customs purposes, the written description of the scope
of the order is dispositive.
Background
On January 17, 2006, the Department published the Final Results in
the Federal Register. On January 17, 2006, and January 18, 2006, we
received ministerial error allegations from Yantai Timken Co., Ltd.
(``Yantai Timken'') and The Timken Company (Petitioner), respectively.
A ministerial error is defined in section 751(h) of the Act and further
clarified in 19 CFR 351.224(f) as ``an error in addition, subtraction,
or other arithmetic function, ministerial error resulting from
inaccurate copying, duplication, or the like, and any other similar
type of unintentional error which the Secretary considers
ministerial.'' After analyzing the comments by interested parties, we
have determined, in accordance with 19 CFR 351.224(e), that a
ministerial error existed in the calculations for the Final Results
with respect to LYC. Additionally, we disagree that the issue raised by
Yantai Timken constitutes a ministerial error. For a detailed
explanation of this issue, see the memorandum to the file from Laurel
LaCivita, Senior Case Analyst, through Robert Bolling, Program Manager,
``Analysis for the Amended Final Results of the 2003-2004
Administrative Review of Tapered Roller Bearings and Parts Thereof,
Finished or Unfinished, from the People's Republic of China: Yantai
Company, Ltd,'' dated February 16, 2006. For a detailed discussion and
analysis of the ministerial error raised by Petitioner with respect to
LYC and the correction the Department has applied, see the memorandum
to the file from Eugene Degnan, Case Analyst, through Robert Bolling,
Program Manager, ``Analysis for the Amended Final Results of the 2003-
2004 Administrative Review of Tapered Roller Bearings and Parts
Thereof, Finished or Unfinished, from the People's Republic of China:
Luoyang Bearing Corporation (Group),'' dated February 16, 2006. Both
memoranda are on file in the Central Records Unit, room B-099 in the
main building of the Department of Commerce.
Therefore, in accordance with section 751(h) of the Act and 19 CFR
351.224(e), we are amending the Final Results of the administrative
review of TRBs from the PRC for LYC.
In addition, our Final Results inadvertently failed to include the
Department's determination with respect to three companies: Shanghai
United Bearing Co., Ltd. (``Shanghai United''), Zhejiang Changshan
Bearing (Group) Co., Ltd. (``Changshan Bearing''), and Zhejiang
Changshan Change Bearing Co. (``ZCCBC''). In our preliminary results of
review, we determined that Shanghai United, Changshan Bearing, and
ZCCBC had failed to demonstrate their eligibility for separate rate
status. Therefore, we preliminarily determined that they were part of
the PRC-wide entity. See Tapered Roller Bearings and Parts Thereof,
Finished or Unfinished, from the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and
Notice of Intent to Rescind in Part, 70 FR 39744, 39751 (July 11, 2005)
(``Preliminary Results''). Because the PRC-wide entity failed to
cooperate in this review, we preliminarily determined that the
application of total adverse facts available (``AFA'') was warranted
and applied the rate of 60.95 percent to the PRC-wide entity. See 70 FR
39744, at 39751 and 39755. Since the Preliminary Results, no
information has been placed on the record with respect to these
companies. Therefore, we have not reconsidered our decision from the
Preliminary Results. Consequently, for the amended final results of
review, we shall continue to apply a total AFA rate of 60.95 percent to
the PRC-wide entity (including Shanghai United, Changshan Bearing, and
ZCCBC).
The revised weighted-average dumping margin for LYC is detailed in
the chart below.
------------------------------------------------------------------------
Weighted-Average
Manufacturer/Exporter Margin (Percent)
------------------------------------------------------------------------
LYC................................................. 0.44[ast]
------------------------------------------------------------------------
[ast] This rate is de minimis.
The Department shall determine, and U.S. Customs and Border
Protection shall assess, antidumping duties on all appropriate entries
based on the amended final results. For details on the assessment of
antidumping duties on all appropriate entries, see Final Results, 71 FR
2517, 2523.
These amended final results are published in accordance with
sections 751(h) and 777(i)(1) of the Act.
[[Page 9522]]
Dated: February 16, 2006.
Joseph A. Spetrini,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E6-2674 Filed 2-23-06; 8:45 am]
BILLING CODE 3510-DS-S