[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Notices]
[Pages 45912-45913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18304]
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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: Initiation of
Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) has determined that
Shanghai Tainai Bearing Co., Ltd.'s (Tainai's) request for a new
shipper review (NSR) of the antidumping duty order on tapered roller
bearings and parts thereof, finished and unfinished (TRBs), from the
People's Republic of China (PRC) meets the statutory and regulatory
requirements for initiation. The period of review (POR) for this NSR is
June 1, 2012, through May 31, 2013.
DATES: As of July 30, 2013.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Stephen Banea,
AD/CVD Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3874 or (202) 482-0656, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 15, 1987, the Department published in the Federal Register
the antidumping duty order on TRBs from the PRC.\1\ On June 21, 2013,
pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as
amended (the Act), the Department received a properly filed NSR request
from Tainai during the anniversary month \2\ of the antidumping duty
order.
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\1\ See Antidumping Duty Order; Tapered Roller Bearings and
Parts Thereof, Finished or Unfinished, From the People's Republic of
China, 52 FR 22667 (June 15, 1987).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 78 FR 33061 (June 3, 2013).
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In its request, Tainai certified that it is both a producer and
exporter of TRBs from the PRC. Pursuant to section 751(a)(2)(B)(i)(I)
of the Act and 19 CFR 351.214(b)(2)(i), Tainai certified that it did
not export TRBs to the United States during the period of investigation
(POI).\3\ In addition, pursuant to section 751(a)(2)(B)(i)(II) of the
Act and 19 CFR 351.214(b)(2)(iii)(A), Tainai certified that, since the
initiation of the investigation, it has never been affiliated with any
PRC exporter or producer who exported TRBs to the United States during
the POI, including those respondents not individually examined during
the investigation.\4\ As required by 19 CFR 351.214(b)(2)(iii)(B),
Tainai also certified that its export activities were not controlled by
the government of the PRC.\5\
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\3\ See Tainai's June 21, 2013, submission, at Exhibit 1.
\4\ Id.
\5\ Id.
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In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv)(A), (B) and (C), Tainai submitted documentation
establishing the following: (1) The date on which Tainai first shipped
TRBs for export to the United States and the date on which the TRBs
were first entered; (2) the volume of its first shipment; and (3) the
date of its first sale to an unaffiliated customer in the United
States.\6\
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\6\ See Tainai's June 21, 2013, submission, at Exhibit 2.
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The Department conducted U.S. Customs and Border Protection (CBP)
database queries in an attempt to confirm that Tainai's shipment of
subject merchandise had entered the United States for consumption and
that liquidation of this entry had been properly suspended for
antidumping duties. The Department also examined whether the CBP data
confirmed that this entry was made during the POR. The information the
Department examined was consistent with that provided by Tainai. After
the initiation of the NSR, the Department intends to place additional
CBP data on the record and, if necessary, request additional
information from Tainai.
Period of Review
In accordance with 19 CFR 351.214(g)(1)(i)(A), the POR for an NSR
initiated in the month immediately following the anniversary month will
be the twelve-month period immediately preceding the anniversary month.
Therefore, the POR for this NSR is June 1, 2012, through May 31, 2013.
Based on the information provided by Tainai, the sale and entry into
the United States of subject merchandise produced and exported by
Tainai occurred during this twelve-month POR.
[[Page 45913]]
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), 19
CFR 351.214(d)(1), and the information on the record, the Department
finds that Tainai meets the threshold requirements for initiation of an
NSR for shipments of TRBs from the PRC produced and exported by
Tainai.\7\ If the information supplied by Tainai cannot be verified
using CBP import data, or is otherwise found to be incorrect or
insufficient during the course of this proceeding, the Department may
rescind the review or apply facts available pursuant to section 776 of
the Act, depending on the facts on record.
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\7\ See Memorandum to the File from Stephen Banea, International
Trade Compliance Analyst, Office 2, AD/CVD Operations, entitled
``Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, from the People's Republic of China: Initiation of New
Shipper Review,'' dated concurrently with this notice.
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The Department intends to issue the preliminary results of this NSR
no later than 180 days from the date of initiation, and the final
results no later than 270 days from the date of initiation, pursuant to
section 751(a)(2)(B)(iv) of the Act.
It is the Department's usual practice, in cases involving non-
market economy countries, to require that a company seeking to
establish eligibility for an antidumping duty rate separate from the
country-wide rate provide evidence of de jure and de facto absence of
government control over the company's export activities. Accordingly,
we will issue a questionnaire to Tainai, which will include a section
requesting information concerning Tainai's eligibility for a separate
rate. The review will proceed if the response provides sufficient
indication that Tainai is not subject to either de jure or de facto
government control with respect to its export of subject merchandise.
We will instruct CBP to allow, at the option of the importer, the
posting, until the completion of the review, of a bond or security in
lieu of a cash deposit for each entry of the subject merchandise from
Tainai in accordance with section 751(a)(2)(B)(iii) of the Act and 19
CFR 351.214(e). The bonding privilege will only apply to entries of
subject merchandise both produced and exported by Tainai.
To assist in its analysis of the bona fides of Tainai's sales, upon
initiation of this NSR, the Department will require Tainai to submit on
an ongoing basis complete transaction information concerning any sales
of subject merchandise to the United States that were made subsequent
to the POR.
Interested parties requiring access to proprietary information in
this NSR should submit applications for disclosure under administrative
protective order in accordance with 19 CFR 351.305 and 351.306. This
initiation and notice are published in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: July 24, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2013-18304 Filed 7-29-13; 8:45 am]
BILLING CODE 3510-DS-P