[Federal Register Volume 63, Number 128 (Monday, July 6, 1998)]
[Notices]
[Pages 36390-36391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17788]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-485-602]
Tapered Roller Bearings and Parts Thereof From Romania: Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of antidumping duty administrative
review.
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SUMMARY: On March 6, 1998, the Department of Commerce (``the
Department'') published the preliminary results of its administrative
review of the antidumping duty order on tapered roller bearings and
parts thereof, finished or unfinished (``TRBs''), from Romania. This
review covers one manufacturer/exporter of the subject merchandise to
the United States during the period June 1, 1996, through May 31, 1997.
We gave interested parties an opportunity to comment on our preliminary
results. Based on our analysis of the comments received, we have not
changed the results from those presented in the preliminary results of
review.
We received no comments from interested parties with regard to the
Department's preliminary determination to grant Tehnoimportexport, S.A.
(``TIE'') a separate rate for this review. Therefore, for the final
results of review, we reaffirm our determination that TIE is entitled
to a separate rate.
EFFECTIVE DATE: July 6, 1998.
FOR FURTHER INFORMATION CONTACT: Carrie Blozy or Rick Johnson, Office
of Antidumping and Countervailing Duty Enforcement, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C.
20230; telephone: (202) 482-0374 or (202) 482-3818.
SUPPLEMENTARY INFORMATION:
The Applicable Statute and Regulations
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (``the Act''), are to the provisions effective January
1, 1995, the effective date of the amendments made to the Act by the
Uruguay Round Agreements Act (``URAA''). In addition, unless otherwise
indicated, all citations to the Department's regulations are to 19 CFR
Part 353 (April 1997).
Background
On March 6, 1998, the Department published in the Federal Register
(63 FR 11217) the preliminary results of its administrative review of
the antidumping duty order on TRBs from Romania (``Preliminary
Results''). We gave interested parties an opportunity to comment on our
preliminary results. We received written comments from respondent, TIE,
and from Universal Automotive Trading Company Ltd. (``Universal''), an
interested party. Comments submitted consisted of respondent's case
brief of April 6, 1998 and Universal's rebuttal brief of April 13,
1998.
Scope of Review
Imports covered by this review are shipments of TRBs from Romania.
These products include 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 Harmonized Tariff Schedule (HTS) item
numbers 8482.20.00, 8482.91.00, 8482.99.30, 8483.20.40, 8483.30.40, and
8483.90.20. Although the HTS item numbers are provided for convenience
and Customs purposes, the written description of the scope of this
order remains dispositive.
The period of review (``POR'') is June 1, 1996, through May 31,
1997.
Analysis of Comment Received
Comment 1: Respondent and Universal assert that the Department
erred in its calculation of freight for certain steel supplies imported
from Russia. Respondent states that, based on the Department's language
in its analysis memorandum, the longest possible distance used in this
review to calculate freight for steel supplies should be either the
distance from the Romanian steel mill to the Alexandria factory (280
km) or from Constanza, the port, to the Alexandria factory (350 km).
Petitioner did not comment on this issue.
Department's Position: We disagree with respondent and Universal.
As stated in the analysis memorandum for the preliminary results, the
Department ``added to CIF surrogate values from Indonesia a surrogate
freight cost using the shorter of the reported distances from either
the closest port to the manufacturer's factory, or from the actual
supplier to the manufacturer's factory.'' See TIE Analysis Memorandum
for the Preliminary Results of Review (``Analysis Memorandum'') at page
5 (March 2, 1998). The Department established this methodology for
accounting for the freight component of surrogate values in Collated
Roofing Nails from the People's Republic of China, 62 FR 25895 (May 12,
1997) (``Nails''). Thus, if the material was domestically produced or
imported from a non-market economy (``NME'') supplier, we used the
shorter of (a) the distance between the closest Romanian port and the
factory, or (b) the distance between the actual supplier and the
factory to calculate a freight cost.
As noted on page 5 of the Analysis Memorandum, some of the
distances between Alexandria and NME suppliers were not reported. For
those missing distances, the Department assigned a distance of 3000 km,
the longest distance reported in the submission. See Analysis
Memorandum at page 5. However, despite respondent's assertion, the
Department correctly calculated a freight cost for those inputs using
350 km, which is the shorter of the distance between Constanza and
Alexandria (350 km) and the distance between Alexandria and the Russian
NME supplier (3000 km). Therefore, the Department calculated freight in
a manner consistent with the methodology established in Nails.
Final Results of Review
As a result of our review, we determine the dumping margin (in
percent) for the period June 1, 1996, through May 30, 1997, to be as
follows:
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Margin
Exporter (percent)
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TIE....................................................... 0.86
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The Department will determine, and the U.S. Customs Service shall
assess, antidumping duties on all appropriate entries. For assessment
purposes, we have calculated an importer-specific ad valorem duty
assessment rate for the merchandise based on the ratio of the total
amount of antidumping duties calculated for the examined sales during
the POR to the total quantity of sales examined during the POR. The
[[Page 36391]]
Department will issue appraisement instructions directly to the Customs
Service. Furthermore, the following deposit requirements will be
effective upon publication of the final results of this administrative
review 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 will be the rate we determine in the final results of
review; (2) for all other Romanian exporters, the cash deposit rate
will be the Romania-wide rate made effective by the amended final
results of the 1994-95 administrative review (see Tapered Roller
Bearings and Parts Thereof, Finished or Unfinished, from Romania;
Amendment of Final Results of Antidumping Duty Administrative Review,
61 FR 59416 (November 22, 1996)); (3) 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, when imposed, shall remain in effect until
publication of the final results of the next administrative review.
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 353.26 of the Department's regulations 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 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 notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: June 11, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-17788 Filed 7-2-98; 8:45 am]
BILLING CODE 3510-DS-P
