[Federal Register Volume 61, Number 227 (Friday, November 22, 1996)]
[Notices]
[Pages 59416-59417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29940]
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DEPARTMENT OF COMMERCE
[A-485-602]
Tapered Roller Bearings and Parts Thereof, Finished or
Unfinished, From the Republic of Romania; Amendment of Final Results of
Antidumping Duty Administrative Review
AGENCY: International Trade Administration, Import Administration,
Department of Commerce.
ACTION: Notice of amendment of final results of antidumping duty
administrative review.
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SUMMARY: On October 2, 1996, the Department of Commerce (the
Department) published the final results of its administrative review of
the antidumping duty order on tapered roller bearings and parts
thereof, finished or unfinished, (TRBs) from Romania. The review
covered eight companies and the period June 1, 1994 through May 31,
1995. Based on the correction of ministerial errors made in the margin
calculation in those final results, we are publishing this amendment to
the final results in accordance with 19 CFR 353.28(c).
EFFECTIVE DATE: November 22, 1996.
FOR FURTHER INFORMATION CONTACT: Karin Price or Maureen Flannery, AD/
CVD Enforcement, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington D.C. 20230; telephone (202) 482-
4733.
Applicable Statute
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. In addition, unless otherwise indicated,
all citations to the Department's regulations are to the current
regulations, as amended by the interim regulations published in the
Federal Register on May 11, 1995 (60 FR 25130).
Background
On October 2, 1996, the Department published in the Federal
Register (61 FR 51427) the final results of its administrative review
of the antidumping duty order on TRBs from Romania (52 FR 23320, June
19, 1987). On October 7, 1996, we received a timely allegation from
respondent, Tehnoimportexport, S.A. (TIE), that the Department made
ministerial errors in the final results. The petitioner, The Timken
Company, has not responded to these allegations.
In its final results, the Department used information from a
publicly available summarized version of selling, general, and
administrative (SG&A) expenses from two Thai bearing companies used in
the 1988-1990 administrative review of antifriction bearings from
Romania. TIE alleges that the Department failed to exclude from the
surrogate value for SG&A expenses the Thai sales business tax incurred
only on home-market sales; failed to exclude from the surrogate SG&A
rate freight costs incurred on one type of sale; and used an improper
formula to weight average the SG&A expenses between the two types of
sales made by the Thai companies. We agree with TIE that we made
ministerial errors with regard to the Thai business tax and the freight
costs, and have amended our final results for these ministerial errors.
However, we disagree with TIE that the other alleged error is
ministerial, and have not amended our final results for such claimed
error. For further discussion, see Decision Memorandum to Joseph A.
Spetrini, Deputy Assistant Secretary, Enforcement Group III, dated
November 1, 1996, ``Decision Memorandum Regarding the Ministerial Error
Allegation in the 1994-1995 Administrative Review of Tapered Roller
Bearings and Parts Thereof, Finished or Unfinished, from Romania,''
which is on file in the Central Records Unit (room B-099 of the Main
Commerce Building).
Amended Final Results of Review
As a result of our correction of the ministerial errors, we have
determined the margin to be:
------------------------------------------------------------------------
Margin
Manufacturer/exporter Time period (percent)
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Romania Rate.............................. 6/1/94-5/31/95 7.67
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The Department will instruct the Customs Service to assess
antidumping duties on all appropriate entries. The Department will
issue appraisement instructions directly to the Customs Service.
Furthermore, the following deposit requirements will be effective
upon publication of this notice of amended final results for all
shipments of TRBs from Romania entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) the cash deposit rate for TIE and
all other exporters will be 7.67 percent; and (2) for non-Romanian
exporters of subject merchandise from Romania, the cash deposit rate
will be the rate applicable to the Romanian supplier of that exporter.
These deposit requirements shall remain in effect until publication of
the final results of the next administrative review.
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 353.26 to file a certificate regarding the
reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 353.34(d)(1). Timely
[[Page 59417]]
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
This administrative review and notice are in accordance with
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR
353.28(c).
Dated: November 14, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-29940 Filed 11-21-96; 8:45 am]
BILLING CODE 3510-DS-P
