41204 Federal Register / Vol. 70, No. 136 / Monday, July 18, 2005 / Notices

SUMMARY: On April 8, 2005, in response appealed the Department’s decisions in Assessment of Duties to appeals in NTN Corporation, NTN AFBs 10. On February 3, 2004, the CIT We hereby amend the final results of Corporation of America, issued its ruling in NTN v. United the 1998–1999 administrative reviews of American NTN Bearing States, 306 F. Supp. 2d 1319, (CIT the antidumping duty orders on BBs, Corporation, NTN Driveshaft, Inc., NTN February 3, 2004), remanding to the CRBs, and SPBs from to reflect Bower Corporation, and NTN–BCA Department the final results in AFBs 10 revised weighted–average margins for Corporation v. and as follows: (1) to apply the arm’s–length NTN. We determine that NTN’s revised Timken U.S. Corporation (NTN v. test to the sales prices of certain weighted–average margins are 4.71 United States), 125 Fed. Appx. 1011 affiliated resellers to determine whether percent for BBs, 3.50 percent for CRBs, (CAFC April 8, 2005), the United States the sales prices were comparable to the and 2.78 percent for SPBs from Japan for Court of Appeals for the Federal Circuit price at which NTN sold the subject the period May 1, 1998, through April (CAFC) affirmed the Court of merchandise to unaffiliated parties; (2) 30, 1999. International Trade’s (CIT’s) decision of to explain how the record supports the Accordingly, the Department the Department of Commerce’s (the Department’s decision to recalculate determine and CBP will assess Department’s) final remand NTN’s home–market indirect selling appropriate antidumping duties on determination, Court No. 00–09–00443, expenses without regard to level of entries of the subject merchandise Slip. Op. 04–64 (CIT June 9, 2004). This trade; (3) to clarify the reasoning for the produced or exported by the reviewed remand determination affects final Department’s treatment of affiliated– company. Individual differences assessment rates for the administrative party inputs, apply the major–input rule between U.S. price and normal value reviews of the antidumping duty orders to NTN where appropriate, and open the may vary from the above percentages. on antifriction bearings (other than record for additional information, if The Department will issue assessment tapered roller bearings) and parts necessary. The remand affected NTN instructions to CBP within 15 days of thereof from Japan for the period of with respect to the administrative publication of this notice. review May 1, 1998, through April 30, reviews of the antidumping duty orders We are issuing and publishing this 1999. The merchandise covered by these on BBs, CRBs and SPBs from Japan for notice in accordance with sections reviews is ball bearings and parts the period May 1, 1998, through April 751(a)(1) and 777(i)(1) of the Tariff Act thereof (BBs), cylindrical roller bearings 30, 1999. of 1930, as amended. and parts thereof (CRBs), and spherical plain bearings and parts thereof (SPBs). On April 28, 2004, the Department Dated: July 12, 2005. Because there is now a final and filed its final results of redetermination Joseph A. Spetrini, conclusive court decision, we are with the CIT. See Final Remand Acting Assistant Secretary for Import amending our final results of reviews Determination in NTN Corp., et al, v. Administration. and we will instruct U.S. Customs and United States, (April 28, 2004) (Remand [FR Doc. E5–3803 Filed 7–15–E5; 8:45 am] Border Protection to liquidate entries Results). In its redetermination, the (BILLING CODE: 3510–DS–S) subject to these reviews. Department conducted the arm’s–length EFFECTIVE DATE: July 18, 2005. test for two of NTN’s affiliated resellers DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: John and recalculated the antidumping duty Holman or Richard Rimlinger, AD/CVD margin applicable to NTN Corporation International Trade Administration Operations, Office 5, Import to account for the results of that test. As Administration, U.S. Department of a result of the Department’s [A–570–846] Commerce, 14th Street and Constitution redetermination and calculation changes, NTN’s weighted–average Brake Rotors From the People’s Avenue, NW., Washington, DC 20230; Republic of : Final Results of margins for the POR changed to 4.71 telephone: (202) 482–3683 or (202) 482– Changed Circumstances Antidumping percent for BBs, 3.50 percent for CRBS, 4477, respectively. Duty Administrative Review SUPPLEMENTARY INFORMATION: and remained 2.78 percent for SPBs. On June 9, 2004, the CIT affirmed the AGENCY: Import Administration, Background Department’s Remand Results in their International Trade Administration, On August 11, 2000, the Department entirety. See NTN v. United States, Department of Commerce. published Antifriction Bearings (Other Court No. 00–09–00443, Slip. Op. 04–64 SUMMARY: On May 13, 2005, the Than Tapered Roller Bearings) and (CIT June 9, 2004). Department of Commerce Parts Thereof from , Germany, NTN and Timken appealed the CIT’s (‘‘Department’’) published the notice of Italy, Japan, Romania, Singapore, remand affirmation to the CAFC. On preliminary results of its changed Sweden, and the : Final April 8, 2005, the CAFC affirmed the circumstances review examining Results of Antidumping Duty CIT’s June 9, 2004, decision in NTN v. whether Shanxi Fengkun Foundry Ltd., Co. (‘‘Fengkun Foundry’’’) is the Administrative Reviews and Revocation United States, 125 Fed. Appx. 1011 successor–in-interest to Shanxi Fengkun of Orders in Part, 65 FR 49219 (August (CAFC April 8, 2005). 11, 2000), (collectively AFBs 10), which Metallurgical Ltd., Co. (‘‘Fengkun covered the period of review (POR) May There is now a final and conclusive Metallurgical’’’) by virtue of its name 1, 1998, through April 30, 1999. The court decision with respect to the change. See Notice of Preliminary classes or kinds of merchandise covered company affected by this litigation Results of Changed Circumstances by these reviews are BBs, CRBs, and (NTN). Pursuant to section 516A(e) of Antidumping Duty Administrative SPBs. the Tariff Act of 1930, as amended, we Review: Brake Rotors From the People’s NTN Bearing Corporation of America, are amending our final results of review Republic of China, 70 FR 25545 (May NTN Corporation, American NTN for this company and we will instruct 13, 2005) (‘‘Preliminary Results’’). In Bearing Manufacturing Corporation, U.S. Customs and Border Protection those Preliminary Results, the NTN Driveshaft, Inc., and NTN–Bower (CBP) to liquidate the relevant entries Department found that Fengkun Corporation (collectively NTN), and subject to these reviews in accordance Foundry is not the successor–in-interest Timken U.S. Corporation (Timken) with our remand results. to Fengkun Metallurgical.

VerDate jul<14>2003 15:11 Jul 15, 2005 Jkt 205001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\18JYN1.SGM 18JYN1 Federal Register / Vol. 70, No. 136 / Monday, July 18, 2005 / Notices 41205

After consideration of new factual Scope of the Order raised and to which we have responded, information solicited by the Department The products covered by the order are all of which are in the Decision and comments from interested parties, brake rotors made of gray cast iron, Memorandum, is attached to this notice the Department now finds that Fengkun whether finished, semifinished, or as an Appendix. Parties can find a Foundry is the successor–in-interest to unfinished, ranging in diameter from 8 complete discussion of all issues raised Fengkun Metallurgical, and that to 16 inches (20.32 to 40.64 centimeters) in this review and the corresponding Fengkun Foundry should retain the and in weight from 8 to 45 pounds (3.63 recommendations in this public memorandum which is on file in the deposit rate assigned to Fengkun to 20.41 kilograms). The size parameters Central Records Unit, Room B–099 of Metallurgical by the Department for all (weight and dimension) of the brake the main Department building. In entries of the subject merchandise rotors limit their use to the following addition, a complete version of the produced or exported by Fengkun types of motor vehicles: automobiles, Decision Memorandum can be accessed Metallurgical. We have now completed all–terrain vehicles, vans, recreational directly on the Web at http:// this changed circumstances review in vehicles under ‘‘one ton and a half,’’ ia.ita.doc.gov/frn/frnhome.htm. The accordance with 19 CFR 351.216 and and light trucks designated as ‘‘one ton paper copy and electronic version of the 351.221(c)(3). and a half.’’ Decision Memorandum are identical in Finished brake rotors are those that EFFECTIVE DATE: July 18, 2005 content. are ready for sale and installation FOR FURTHER INFORMATION CONTACT: without any further operations. Semi– Successorship and Final Results Catherine Bertrand or Carrie Blozy, AD/ finished rotors are those rotors which CVD Operations, Office 9, Import On the basis of the record developed have undergone some drilling and on Administration, International Trade in this proceeding, we determine which the surface is not entirely Administration, U.S. Department of Fengkun Foundry is the successor–in- smooth. Unfinished rotors are those Commerce, 14th Street and Constitution interest to Fengkun Metallurgical for which have undergone some grinding or Avenue, NW., Washington, DC 20230; purposes of determining antidumping turning. telephone: (202) 482–3207 or (202) 482– duty liability. For a complete discussion These brake rotors are for motor 5403, respectively. of the basis for this decision, please see vehicles and do not contain in the the Decision Memorandum SUPPLEMENTARY INFORMATION: casting a logo of an original equipment accompanying this notice. Background manufacturer (‘‘OEM’’) which produces Effective as of the date of these final vehicles sold in the United States (e.g., results, we will instruct U.S. Customs On October 19, 2004, the Department General Motors, Ford, Chrysler, , and Border Protection (‘‘CBP’’) to assign initiated a changed circumstances , and Volvo). Brake rotors Fengkun Foundry the same review of Fengkun Foundry’s claim that covered in this review are not certified antidumping duty cash–deposit rate it is the successor–of-interest to by OEM producers of vehicles sold in applicable to Fengkun Metallurgical. Fengkun Metallurgical. See Brake the United States. The scope also The cash–deposit requirement will be Rotors from the People’s Republic of includes composite brake rotors that are effective upon publication of this notice China: Notice of Initiation of Changed made of gray cast iron which contain a of final results of changed Circumstances Review, 69 FR 61468 plate but otherwise meet the above circumstances review for all shipments (October 19, 2004) (‘‘Initiation Notice’’). criteria. Excluded from the scope of the of the subject merchandise entered, or On May 13, 2005, the Department order are brake rotors made of gray cast withdrawn from warehouse, for published the preliminary results of its iron, whether finished, semifinished, or consumption on or after the publication changed circumstances review. See unfinished, with a diameter less than 8 date. Preliminary Results. In the Preliminary inches or greater than 16 inches (less This notice also serves as a final Results the Department stated that than 20.32 centimeters or greater than reminder to parties subject to should Fengkun Foundry obtain a valid 40.64 centimeters) and a weight less administrative protective orders Certificate of Approval for Enterprises than 8 pounds or greater than 45 pounds (‘‘APOs’’) of their responsibility with Foreign Trade Rights (‘‘Certificate (less than 3.63 kilograms or greater than concerning the disposition of of Approval’’) and otherwise 20.41 kilograms). proprietary information disclosed under demonstrate that it is both an exporter Brake rotors are classifiable under APO in accordance with 19 CFR and producer of the subject subheading 8708.39.5010 of the 351.305(a)(3). Failure to timely notify merchandise, we may revisit the issue Harmonized Tariff Schedule of the the Department in writing of the return/ and review the totality of information to United States (‘‘HTSUS’’). Although the destruction of APO material is a determine if Fengkun Foundry should HTSUS subheading is provided for sanctionable violation. receive the same antidumping duty convenience and customs purposes, the We are issuing and publishing this treatment with respect to brake rotors as written description of the scope of the finding and notice in accordance with the former Fengkun Metallurgical. See order is dispositive. sections 751(b)(1) and 777(i)(1) of the Preliminary Results at 25546. On May Act and 19 CFR 351.221(c)(3) and 19 31, 2005, Fengkun Foundry submitted a Analysis of Comments Received CFR 351.216. Certificate of Approval. On June 3, 2005, All issues raised in the case and Dated: July 11, 2005. respondent submitted a case brief. Also, rebuttal briefs by parties to this Susan H. Kuhbach, on June 3, 2005, petitioner, the Coalition administrative review are addressed in Acting Assistant Secretary for Import for the Preservation of American Brake the Issues and Decision Memorandum Administration. Drum and Rotor Aftermarket (‘‘Decision Memorandum’’) from Susan Manufacturers, filed a case brief and H. Kuhbach, Acting Deputy Assistant APPENDIX I comments on the Certificate of Approval Secretary, AD/CVD Operations, to Comment 1: Whether Fengkun Foundry submitted by respondent on May 31, Joseph A. Spetrini, Acting Assistant is the successor–in-interest to Fengkun 2005. On June 10, 2005, both Secretary for Import Administration, Metallurgical respondent and petitioner submitted a which is hereby adopted by this notice. Comment 2: Circumvention of the rebuttal brief. A list of the issues which parties have Antidumping Order

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Comment 3: Separate Rates this administrative review in No Revocation in Part [FR Doc. E5–3802 Filed 7–15–05; 8:45 am] accordance with section 751 of the On August 31, 2004, Silcotub BILLING CODE 3510–DS–S Tariff Act of 1930, as amended (the Act). submitted a request that the Department Scope of the Order revoke the order in part on seamless pipe from Romania with respect to its DEPARTMENT OF COMMERCE The products covered by the order are seamless carbon and alloy (other than sales. In the Preliminary Results we International Trade Administration stainless) steel standard, line, and determined that S.C. Silcotub S.A. did pressure pipes and redraw hollows not meet the requirement of selling the [A–485–805] produced, or equivalent, to the ASTM subject merchandise at not less than normal value for a period of three Certain Small Diameter Carbon and A–53, ASTM A–106, ASTM A–333, ASTM A–334, ASTM A–335, ASTM A– consecutive years. See Preliminary Alloy Seamless Standard, Line, and Results, 70 FR at 24523. Therefore, for Pressure Pipe from Romania: Final 589, ASTM A–795, and the API 5L specifications and meeting the physical these final results, we determine not to Results of Antidumping Duty revoke the order with respect to sales of Administrative Review and Final parameters described below, regardless of application. The scope of the order seamless pipe made by S.C. Silcotub Determination Not to Revoke Order in S.A. to the United States. Part also includes all products used in standard, line, or pressure pipe Final Results of Review AGENCY: Import Administration, applications and meeting the physical International Trade Administration, parameters described below, regardless As a result of our review, we Department of Commerce. of specification. Specifically included determine that a weighted–average SUMMARY: On May 10, 2005, the within the scope of the order are dumping margin of 15.15 percent exists Department of Commerce published the seamless pipes and redraw hollows, less for S.C. Silcotub S.A. for the period preliminary results of the administrative than or equal to 4.5 inches (114.3 mm) August 1, 2003, through July 31, 2004. review of the antidumping duty order in outside diameter, regardless of wall– Duty Assessment and Cash–Deposit on certain small diameter carbon and thickness, manufacturing process (hot Requirements alloy seamless standard, line, and finished or cold–drawn), end finish pressure pipe (seamless pipe) from (plain end, beveled end, upset end, The Department will determine, and Romania. The period of review is threaded, or threaded and coupled), or CBP shall assess, antidumping duties on August 1, 2003, through July 31, 2004. surface finish. all appropriate entries. Because we are We did not receive comments from The seamless pipes subject to the applying adverse facts available to all interested parties, and we did not make order are currently classifiable under exports of subject merchandise any changes to the margin for the final the subheadings 7304.10.10.20, produced or exported by S.C. Silcotub results. The final margin for S.C. 7304.10.50.20, 7304.31.30.00, S.A., we will instruct CBP to assess the Silcotub S.A. is listed below in the 7304.31.60.50, 7304.39.00.16, final percentage margin against the section entitled ‘‘Final Results of 7304.39.00.20, 7304.39.00.24, entered customs values on all applicable Review.’’ 7304.39.00.28, 7304.39.00.32, entries during the period of review. The 7304.51.50.05, 7304.51.50.60, Department will issue appropriate EFFECTIVE DATE: July 18, 2005. 7304.59.60.00, 7304.59.80.10, assessment instructions directly to CBP FOR FURTHER INFORMATION CONTACT: 7304.59.80.15, 7304.59.80.20, and within 15 days of publication of these Janis Kalnins at (202) 482–1392 or John 7304.59.80.25 of the Harmonized Tariff final results of review. Holman at (202) 482–3683, AD/CVD Schedule of the United States (HTSUS). The following deposit requirements Operations, Office 5, Import For a further and more specific will be effective upon publication of Administration, International Trade description of the scope of the order, these final results of this administrative Administration, U.S. Department of please see Preliminary Results, 70 FR at review for all shipments of seamless Commerce, 14th Street and Constitution 24521. pipe from Romania entered, or Avenue, NW., Washington, DC 20230. Although the HTSUS subheadings are withdrawn from warehouse, for SUPPLEMENTARY INFORMATION: provided for convenience and U.S. consumption on or after the publication date of the final results, as provided by Background Customs and Border Protection (CBP) purposes, our written description of the section 751(a)(2)(C) of the Act: (1) The On May 10, 2005, the Department of merchandise subject to the scope of this cash–deposit rate for S.C. Silcotub S.A. Commerce (the Department) published order is dispositive. is 15.15 percent; (2) for merchandise the preliminary results of the exported by producers or exporters that administrative review of the Facts Available were previously reviewed or antidumping duty order on seamless For these final results, the Department investigated, the cash deposit will pipe from Romania. See Certain Small continues to find that S.C. Silcotub S.A. continue to be the most recent rate Diameter Carbon and Alloy Seamless did not act to the best of its ability by published in the final determination or Standard, Line, and Pressure Pipe from withdrawing itself from the review, thus final results for which the producer or Romania: Preliminary Results of withholding information necessary to exporter received an individual rate; (3) Antidumping Duty Administrative calculate an accurate dumping margin if the exporter is not a firm covered in Review and Preliminary Determination and which the Department requested. this review, a prior review, or the Not to Revoke in Part, 70 FR 24520 (May Accordingly, the Department continues original less–than-fair–value 10, 2005) (Preliminary Results). We to find that the use of adverse facts investigation but the manufacturer is, invited interested parties to comment on available is warranted under section 776 the cash–deposit rate will be the rate the preliminary results. We did not of the Act. For a detailed discussion of established for the most recent period receive comments from interested our application, selection, and for the manufacturer of the subject parties, and we did not make any corroboration of the rate we selected as merchandise; and (4) if neither the changes to the margin for the final adverse facts available, see Preliminary exporter nor the manufacturer is a firm results. The Department has conducted Results, 70 FR at 24522, 24523. covered in this or any previous review,

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