[Federal Register Volume 63, Number 150 (Wednesday, August 5, 1998)]
[Notices]
[Pages 41801-41802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20908]
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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
