[Federal Register: August 5, 1998 (Volume 63, Number 150)]
[Notices]               
[Page 41801-41802]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au98-45]

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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 Intent Not 
To Revoke the Antidumping Duty Order in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of intent not to revoke the antidumping duty order in 
part.

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SUMMARY: This notice serves as a supplement to the Department of 
Commerce's July 10, 1998, notice of preliminary results of 
administrative review and new shipper review of tapered roller bearings 
and parts thereof, finished and unfinished, from the People's Republic 
of China (see, 63 FR 37339). In those preliminary results of review, we 
neglected to include our decision as to whether there is a reasonable 
basis to believe that the requirements for revocation have been met by 
Luoyang Bearing Factory. Therefore, we are now publishing our intent 
not to revoke the order with respect to tapered roller bearings and 
parts thereof, finished and unfinished, from the People's Republic of 
China produced and/or exported by Luoyang Bearing Factory. Interested 
parties are invited to comment on the Department's intent not to revoke 
the order in part.
EFFECTIVE DATE: August 5, 1998.

FOR FURTHER INFORMATION CONTACT: Zak Smith, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington DC 20230; telephone 
(202) 482-1279.

Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act. In addition, all 
references to the Department of Commerce's (``the Department's'') 
regulations are to 19 CFR 353 (April 1997).

Background

    On May 27, 1987, the Department published in the Federal Register 
(52 FR 19748) the antidumping duty order on tapered roller bearings and 
parts thereof, finished and unfinished

[[Page 41802]]

(``TRBs''), from the People's Republic of China (``PRC''). The 
Department notified interested parties of the opportunity to request an 
administrative review of this order on June 11, 1997 (62 FR 31786). One 
of the respondents, Luoyang Bearing Factory (``Luoyang''), requested a 
review and that the Department revoke the antidumping duty order in 
part. The request was received on June 30, 1997. In accordance with 19 
CFR 353.22(c) and 353.25(c), we published a notice of initiation of 
antidumping duty administrative review and request for revocation of 
the order in part on August 1, 1997 (62 FR 41339). On July 10, 1998, 
the Department published in the Federal Register the preliminary 
results of review (see, Tapered Roller Bearings and Parts thereof, 
Finished and Unfinished, From the People's Republic of China; 
Preliminary Results of 1996-1997 Antidumping Duty Administrative Review 
and New Shipper Review, 63 FR 37339 (July 10, 1998) (``Preliminary 
Results'')).
    The Department is conducting this administrative review in 
accordance with section 751 of the Act.

Scope of Review

    Merchandise covered by this review includes TRBs from the 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 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 and this review is dispositive.

Revocation

    Pursuant to 19 CFR 353.25(b), Luoyang requested revocation of the 
antidumping duty order in part. In accordance with 19 CFR 353.25(b)(1) 
and (2), the request was accompanied by certifications that Luoyang had 
not sold the subject merchandise at less than normal value during the 
current period of review and would not do so in the future. Luoyang 
also agreed to immediate reinstatement of the antidumping duty order, 
as long as any exporter or producer is subject to the order, if the 
Department concludes that Luoyang, subsequent to the revocation, sold 
the subject merchandise at less than normal value.
    Section 353.25(a)(2) of the Department's regulations states that 
the Secretary may revoke an order in part if the Secretary concludes 
that: (i) the exporter or producer has sold the merchandise at not less 
than normal value for a period of three consecutive years; (ii) it is 
not likely that the person will in the future sell the merchandise at 
less than normal value; and (iii) the person agrees in writing to its 
immediate reinstatement in the order, as long as any producer or 
reseller is subject to the order, if the Secretary concludes that 
dumping has resumed. In the preliminary results, Luoyang received a 
dumping margin of 1.82% on its sales for the period June 1, 1996, 
through May 30, 1997 (see, Preliminary Results, 37344). If the 
preliminary results are adopted as final results, Luoyang will not have 
met the first criterion for revocation. Thus, there is not a reasonable 
basis to believe that Luoyang has met the requirements for revocation 
of the antidumping duty order in part. Therefore, we have preliminarily 
determined not to revoke the antidumping duty order with respect to 
TRBs from the PRC produced and/or exported by Luoyang.
    With respect to the issue of revocation, parties to the proceeding 
may request a hearing and include this issue in their submission of 
case briefs and/or rebuttal briefs in accordance with the deadlines 
established in the preliminary results. The Department will issue a 
notice of the final results of the administrative review, which will 
include the results of its analysis of issues raised in any such 
briefs, within 120 days from the publication of the preliminary 
results.
    This notice is in accordance with sections 751(a)(1) and 771(i)(1) 
of the Act.

    Dated: July 29, 1998.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 98-20908 Filed 8-4-98; 8:45 am]
BILLING CODE 3510-DS-P