The U.S. International Trade Commission has completed its review of antidumping and countervailing duties on tapered roller bearings (flange, take-up cartridge, and hanger units incorporating tapered roller bearings; and tapered roller bearings (except pillow blocks) incorporating tapered rolls, with or without spindles, whether or not of automotive use) and components from China. Reference: 72 FR 56724 [txt format].

This is the 19th-year review of these duties on TRBs from China.

Dumping margins on TRBs (June 1, 2005 through May 31, 2006) will continue as:

PRC-wide rate : 60.95% weighted average margin
The rate was kept at 60.95% because, "no evidence called it into question." Companies which successfully prove they are not government-controlled and submit the proper documentation can, and do, receive individually calculated duties. The 60.95% is a catch-all rate, but does apply to a large fraction of the bearings brought into the U.S.

Peer Bearing-Changzhan CPZ argued against the 60.95% rate, but the arguments were rebuffed. CPZ was hit with the highest rate because it did not file any of the required documentation with the ITA as required to qualify for calculating a separate rate. The related argument and decision to an appeal filed by Peer CPZ is here

This past March, the Department of Commerce published the preliminary results of its administrative review, and asked for comment. Unless an interested party requests it, no review is triggered and rates remain where they were at the most recent review.

A review was triggered because Koyo Corp. of U.S.A. requested a review of Yantai Timken Co. Ltd. Several other companies had made requests, but then backed down. In its ruling, the ITC said: "Based on our analysis of the comments received, we have made changes to our preliminary results. Therefore, the final results differ from the preliminary results." Most of those differences were due to procedural issues, or eliminating companies which did not export to the U.S. during that period under review.

The ITC went on to say: "Based on our analysis of comments received, we revised the scope description to account for updated HTSUS (harmonized tariff) numbers. See the Issues and Decision Memorandum Comment 1 for further discussion."

HTSUS categories involved are:

8482.20.00	8482.91.00.50	8482.99.15	8482.99.45/2/
8483.20.40	8483.20.80	8483.30.80	8483.90.20
8483.90.30	8483.90.80	8708.99.80.15	8708.99.80.80

NOTE: the ITC supplies HTSUS categories "ONLY for custom and convenience; the overriding factor is still the written description of the scope."

In particular, the agency found the information in Comment 3: Adverse Facts Available (AFA): When polled, most Chinese manufacturers involved in the review, "failed to respond to the Department's questionnaires, withheld or failed to provide information in a timely manner or in the form or manner requested by the Department, or otherwise impeded the proceeding ... an adverse inference was appropriate."

With an "adverse inference," the review bases its dumping calculations on the worst-case scenarios and assumes companies will not comply because duties would be higher if they did comply.

The key fact-finding documents are: Issues and Decision Memorandum for the Final Results of the 19th Administrative Review of the Antidumping Duty Order on Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China" located here.