[Federal Register: November 20, 2002 (Volume 67, Number 224)]
[Notices]
[Page 70053-70055]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no02-39]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-874]
Notice of Amended Preliminary Determination of Sales at Less Than
Fair Value: Certain Ball Bearings and Parts Thereof From the People's
Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Amended Preliminary Determination.
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EFFECTIVE DATE: November 20, 2002.
FOR FURTHER INFORMATION CONTACT: James Terpstra or Cindy Lai Robinson,
AD/CVD Enforcement, Office 6, Group II, Import Administration,
International Trade Administration, US Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230;
telephone:(202) 482-3965 and (202) 482-3797, respectively.
SUPPLEMENTARY INFORMATION:
The Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (the Act) by the
Uruguay Round Agreements Act (URAA). In addition, unless otherwise
indicated, all citationsto the Department
[[Page 70054]]
of Commerce's (the Department's) regulations are to the provisions
codified at 19 CFR part 351 (2001).
Significant Ministerial Errors
The Department is amending the preliminary determination of sales
at less than fair value in the antidumping duty investigation of
certain ball bearings and parts thereof from the People's Republic of
China (PRC) to reflect the correction of several ministerial errors
made in that determination's margin calculations, pursuant to 19 CFR
341.224(g)(1) and (g)(2).
A ministerial error is defined as an error in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other
similar type of unintentional error which the Secretary considers
ministerial. See 19 CFR 351.224(f). A significant ministerial error is
defined as an error, the correction of which, singly or in combination
with other errors, would result in (1) a change of at least five
absolute percentage points in, but not less than 25 percent of, the
weighted-average dumping margin calculated in the original (erroneous)
preliminary determination; or (2) a difference between a weighted-
average dumping margin of zero or de minimis and a weighted-average
dumping margin of greater than de minimis or vice versa. See 19 CFR
351.224(g). In this case, correction of the ministerial errors results
in a change in the margin considered significant within the meaning of
19 CFR 351.224(g)(1). We are publishing this amendment to the
preliminary determination pursuant to 19 CFR 351.224(e). As a result of
this amended preliminary determination, we have revised the antidumping
rates for two of the respondents and the weight-averaged rate applied
to the cooperative exporters who were not selected as mandatory
respondents.\1\
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\1\ Specifically, the amended rate for Ningbo Cixing Group Corp.
(``Cixing'') is now 2.32, changed from 32.69 in our Preliminary
Determination; the amended rate for Wanxiang Group Corporation
(``Wanxiang'') is 2.50, changed from 39.93; and the amended
weighted-average rate is 2.41, changed from 22.99. The revised rate
for Xinchang Peer Bearing Company Ltd. (``Peer'') is 7.11, compared
with 2.39; however, the overall effect on the weighted-average
dumping margin is not significant and therefore does not warrant
amendment of the Preliminary Determination with respect to Peer.
Moreover, because we are not amending Peer's margin at this time, we
have not included Peer's revised dumping margin in the re-calculated
weighted-average dumping margin for the cooperative exporters who
were not selected as mandatory respondents; rather, we used Peer's
original Preliminary Determination margin.
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Scope of Investigation
For purposes of this investigation, the products covered are ball
bearings and parts thereof. For a comprehensive description of the
scope of this investigation, please see the preliminary determination
in this proceeding. See Notice of Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination: Certain
Ball Bearings and Parts Thereof From the People's Republic of China, 67
FR 63609 (October 15, 2002) (Preliminary Determination).
Ministerial-Errors Allegation
On October 15, 2002, the Department published its preliminary
determination in this proceeding. See Preliminary Determination. On
October 15, 2002, the Department received timely allegations of
ministerial errors in the Preliminary Determination, in accordance with
section 351.224(c)(2) of the Department's regulations, from the
petitioner, a domestic producer/interested party, and each of the three
mandatory respondents.
The Department has reviewed the preliminary calculations, and,
while disagreeing with several of the allegations, agrees that there
are errors in the Preliminary Determination that constitute ministerial
errors within the meaning of 19 CFR 351.224(f). Furthermore, we
determine that the change in Wanxiang and Cixing's margins, as well as
the change in the rate applied to the un-investigated cooperative
exporters, resulting from the correction of these errors, is
significant pursuant to 19 CFR 351.224(g)(1). We are amending the
Preliminary Determination to reflect the correction of these
ministerial errors pursuant to 19 CFR 351.224(e). For a detailed
discussion of specific ministerial error allegations and Department
responses see Memorandum From Melissa Skinner to Bernard Carreau:
Ministerial Error Memorandum dated November 13, 2002, on file in the
Central Records Unit (CRU), room B-099 of the main Commerce building.
The collection of bonds or cash deposits and suspension of
liquidation will be revised accordingly and parties will be notified of
this determination, in accordance with sections 733(d) and (f) of the
Act.
Amended Preliminary Determination
As a result of our correction of the ministerial errors, we have
determined that the following dumping margins apply. In accordance with
section 733(d)(2) of the Act, we are directing the Customs Service to
continue to suspend liquidation of all imports of subject merchandise
that are entered, or withdrawn from warehouse, for consumption on or
after the date of publication of this notice in the Federal Register.
We will instruct the Customs Service to require a cash deposit or the
posting of a bond equal to the weighted-average amounts as indicated in
the chart below. These suspension-of-liquidation instructions will
remain in effect until further notice. The percentage weighted-average
dumping margins are as follows:
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Weighted-Average
Manufacturer/exporter Margin (percent)
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Xinchang Peer Bearing Company Ltd.............. 2.39
Wanxiang Group Corporation..................... 2.50
Ningbo Cixing Group Corp and CW Bearings USA, 2.32
Inc...........................................
B&R Bearing Co................................. 2.41
Changshan Import & Export Company, Ltd......... 2.41
Changzhou Daya Import and Export Corporation 2.41
Limited.......................................
China Huanchi Bearing Group Corp. AND Ningbo 2.41
Huanchi Import & Export Co. Ltd...............
China National Automotive Industry Guizhou 2.41
Import & Export Corp..........................
China National Machinery & Equipment Import & 2.41
Export Wuxi Co., Ltd..........................
Chongqing Changjiang Bearing Industrial 2.41
Corporation...................................
CSC Bearing Company Limited.................... 2.41
Dongguan TR Bearing Corporation, Ltd........... 2.41
Fujian Nanan Fushan Hardware Machinery Electric 2.41
Co., Ltd......................................
Guangdong Agricultural Machinery Import & 2.41
Export Company................................
Harbin Bearing Group AND Heilongjiang Machinery 2.41
and Equipment Import and Export Corporation...
[[Page 70055]]
Jiangsu CTD Imports & Exports Co., Ltd......... 2.41
Jiangsu General Ball & Roller Co., Ltd......... 2.41
Jiangsu Hongye Intl. Group Industrial 2.41
Development Co., Ltd..........................
Jinrun Group Ltd. Haining...................... 2.41
Ningbo Cixi Import Export Co................... 2.41
Ningbo Economic and Technological Development 2.41
Zone AND Tiansheng Bearing Co. Ltd AND TSB
Group USA Inc. AND TSB Bearing Group America,
Co. (TSB Group)...............................
Ningbo General Bearing Co., Ltd................ 2.41
Ningbo Jinpeng Bearing Co., Ltd. AND Ningbo 2.41
Mikasa Bearing Co. Ltd. AND Ningbo Cizhuang
Bearing Co. Tahsleh Development Zone..........
Ningbo MOS Group Corporation, Ltd.............. 2.41
Norin Optech Co., Ltd.......................... 2.41
Premier Bearing & Equipment, Ltd............... 2.41
Sapporo Precision Inc./Shanghai Precision 2.41
Bearing Co., Ltd..............................
Shaanxi Machinery & Equipment Import & Export 2.41
Corp..........................................
Shandong Machinery Import & Export Group Corp.. 2.41
Shanghai Bearing (Group) Company Limited....... 2.41
Shanghai Foreign Service and Economic 2.41
Cooperation Co. Ltd...........................
Shanghai General Pudong Bearing Co., Ltd....... 2.41
Shanghai Hydraulics & Pneumatics Corp.......... 2.41
Shanghai Nanshi Foreign Economic Cooperation & 2.41
Trading Co., Ltd..............................
Shanghai SNZ Bearings Co., Ltd................. 2.41
Shanghai Zhong Ding I/E Trading Co., Ltd. AND 2.41
Shanghai Li Chen Bearings.....................
Shaoguan Southeast Bearing Co. Ltd............. 2.41
Sin NanHwa Bearings Co. Ltd. AND Sin NanHwa Co. 2.41
Ltd...........................................
TC Bearing Manufacturing Co. Ltd............... 2.41
Wafangdian Bearing Company Ltd................. 2.41
Wholelucks Industrial Limited.................. 2.41
Wuxi New-way Machinery Co., Ltd................ 2.41
Zhejiang Rolling Bearing Co. Ltd............... 2.41
Zhejiang Shenlong Bearing Co. Ltd.............. 2.41
Zhejiang Wanbang Industrial Co., Ltd........... 2.41
Zhejiang Xinchang Xinzhou Industrial Co. Ltd... 2.41
Zhejiang Xinchun Bearing Co. Ltd............... 2.41
Zhejiang ZITIC Import & Export Co. Ltd......... 2.41
PRC-Wide Rate.................................. 59.30
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International Trade Commission Notification
In accordance with section 733(f) of the Act, we have notified the
ITC of our amended preliminary determination. If our final
determination is affirmative, the ITC will determine before the later
of 120 days after the date of the preliminary determination or 45 days
after our final determination whether these imports are materially
injuring, or threaten material injury to, the US industry.
Public Comment
Case briefs for this investigation must be submitted to the
Department no later than seven days after the date of the final
verification report issued in this proceeding. Rebuttal briefs must be
filed five days from the deadline date for case briefs. A list of
authorities used, a table of contents, and an executive summary of
issues should accompany any briefs submitted to the Department.
Executive summaries should be limited to five pages total, including
footnotes. Section 774 of the Act provides that the Department will
hold a public hearing to afford interested parties an opportunity to
comment on arguments raised in case or rebuttal briefs, provided that
such a hearing is requested by an interested party. If a request for a
hearing is made in this investigation, the hearing will tentatively be
held two days after the rebuttal-brief deadline date at the US
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230.
Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Import Administration, US Department of Commerce, Room
1870, within 30 days of the publication of this notice. Requests should
contain: (1) The party's name, address, and telephone number; (2) the
number of participants; and (3) a list of the issues to be discussed.
Oral presentations will be limited to issues raised in the briefs.
We will make our final determination no later than February 26,
2003.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act.
Dated: November 13, 2002.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-29496 Filed 11-19-02; 8:45 am]