[Federal Register Volume 79, Number 141 (Wednesday, July 23, 2014)]
[Notices]
[Pages 42758-42760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17350]
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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: Preliminary Results
and Partial Rescission of the Antidumping Duty Administrative Review
and Preliminary Results of the New Shipper Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) is conducting an
administrative review (AR) and 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). The administrative review covers four exporters, of which the
Department selected one mandatory respondent for individual examination
(i.e., Changshan Peer Bearing Co. Ltd. (CPZ/SKF)). The NSR covers
Shanghai Tainai Bearing Co., Ltd. (Tainai). The period of review (POR)
is June 1, 2012, through May 31, 2013.
We preliminarily determined that sales have been made below normal
value (NV). If these preliminary results are adopted in the final
results of these reviews, we will instruct U.S. Customs and Border
Protection (CBP) to assess antidumping duties on all appropriate
entries. Interested parties are invited to comment on these preliminary
results.
DATES: Effective Date: July 23, 2014.
FOR FURTHER INFORMATION CONTACT: Alan Ray or Stephen Banea, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5403 and (202) 482-0656, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by the order includes tapered roller
bearings. The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
8482.20.00, 8482.91.00.50, 8482.99.15, 8482.99.45, 8483.20.40,
8483.20.80, 8483.30.80, 8483.90.20, 8483.90.30, 8483.90.80,
8708.70.6060, 8708.99.2300, 8708.99.4850, 8708.99.6890, 8708.99.8115,
and 8708.99.8180. The HTSUS subheadings are provided for convenience
and customs purposes only; the written description of the scope of the
order is dispositive.\1\
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\1\ See ``Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review and New Shipper Review:
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished,
from the People's Republic of China'' from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Import
Administration, dated July 16, 2014 (Preliminary Decision
Memorandum), issued concurrently with and hereby adopted by this
notice.
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Tolling of Deadlines for Preliminary Results
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from October 1, 2013, through October 16, 2013.\2\
Therefore, all deadlines in this segment of the proceeding have been
extended by 16 days. The revised deadline for the preliminary results
of this review is now July 16, 2014.
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\2\ See the October 18, 2013, Memorandum for the Record from
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Deadlines Affected by the Shutdown of the Federal Government.''
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Partial Rescission of the Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. On
September 20, 2013, and November 13, 2013, Xiangyang Automobile Bearing
Co., Ltd. (Xiangyang) and GGB Bearing Technology (Suzhou) Co., Ltd.
(GGB)
[[Page 42759]]
timely withdrew their requests for an administrative review.\3\ No
other party had requested a review of Xiangyang or GGB. Based on the
timely withdrawal of the requests for review and because Xiangyang and
GGB established their entitlement to separate rates from a prior
segment, the Department is rescinding this administrative review with
respect to Xiangyang and GGB, in accordance with 19 CR 351.213(d)(1).
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\3\ See Letter to the Department from Xiangyang, ``Withdrawal of
Administrative Review Request in the Antidumping Duty Order on
Tapered Roller Bearings from the People's Republic of China (POR:
06/01/12-5/31/13)'' (September 20, 2013); see also Letter to the
Department from GGB, ``Withdrawal of Administrative Review Request
in the Antidumping Duty Order on Tapered Roller Bearings from the
People's Republic of China (POR: 06/01/12-5/31/13)'' (November 13,
2013). GGB's letter was timely given the tolling of deadlines,
explained above.
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Methodology
The Department conducted these reviews in accordance with sections
751(a)(1)(A) and 751(a)(2)(B) of the Tariff Act of 1930, as amended
(the Act). Constructed export prices and export prices have been
calculated in accordance with section 772 of the Act. Because the PRC
is a non-market economy (NME) within the meaning of section 771(18) of
the Act, NV has been calculated in accordance with section 773(c) of
the Act. Specifically, the respondents' factors of production have been
valued using surrogate values from Thailand, which is economically
comparable to the PRC and a significant producer of comparable
merchandise.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.\4\ The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
IA ACCESS is available to registered users at http://iaaccess.trade.gov; the Preliminary Decision Memorandum is also
available to all parties in the Central Records Unit, Room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
Enforcement and Compliance's Web site at http://www.trade.gov/ia/. The
signed Preliminary Decision Memorandum and the electronic version of
the Preliminary Decision Memorandum are identical in content.
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\4\ See Preliminary Decision Memorandum.
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Preliminary Results of Review
Regarding the administrative review, we preliminarily determine
that the following weighted-average dumping margins exist for the
period June 1, 2012, through May 31, 2013:
------------------------------------------------------------------------
Weighted-
average
Exporters percent
margin
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Changshan Peer Bearing Co., Ltd............................ 0.60
Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd. *.... 0.60
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* This company demonstrated that it qualified for a separate rate in
this administrative review. The rate for this company is the
calculated weighted-average dumping margin for CPZ/SKF. See the
Preliminary Decision Memorandum.
Regarding the NSR, we preliminarily determine that the following
weighted-average dumping margin exists for the period June 1, 2012,
through May 31, 2013:
------------------------------------------------------------------------
Weighted-
average
Exporters percent
margin
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Shanghai Tainai Bearing Co., Ltd.......................... 0.00
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Disclosure and Public Comment
The Department will disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days after
the date of publication of these preliminary results of review.\5\
Rebuttals to case briefs may be filed no later than five days after the
written comments are filed and all rebuttal comments must be limited to
comments raised in the case briefs.\6\
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\5\ See 19 CFR 351.309(c).
\6\ See 19 CFR 351.309(d).
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Any interested party may request a hearing within 30 days of
publication of this notice.\7\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.\8\
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\7\ See 19 CFR 351.310(c).
\8\ See 19 CFR 351.310(d).
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The Department will issue the final results of this administrative
review and this NSR, which will include the results of its analysis of
all issues raised in the case briefs, within 120 days of publication of
these preliminary results, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department shall determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by these reviews.\9\ The Department intends to issue assessment
instructions to CBP 15 days after the publication of the final results
of these reviews.
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\9\ See 19 CFR 351.212(b).
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For each individually-examined respondent in these reviews (i.e.,
CPZ/SKF and Tainai) which has a weighted-average dumping margin which
is not zero or de minimis (i.e., less than 0.5 percent), we will
calculate importer-specific ad valorem duty assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those sales, in accordance
with 19 CFR 351.212(b)(1). For the respondents which were not selected
for individual examination in this administrative review and which
qualified for a separate rate, the assessment rate will be equal to the
weighted-average dumping margin assigned to CPZ/SKF in the final
results of this administrative review.
The Department recently announced a refinement to its assessment
practice in NME cases.\10\ Pursuant to this refinement in practice, for
entries that were not reported in the U.S. sales databases submitted by
companies individually examined during this review, the Department will
instruct CBP to liquidate such entries at the NME-wide rate. In
addition, if the Department determines that an exporter under review
had no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the NME-wide rate. For a full discussion of
this practice, see NME Antidumping Proceedings.
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\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (NME
Antidumping Proceedings).
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We will instruct CBP to assess antidumping duties on all
appropriate entries covered by these reviews. Where either of the
respondent's weighted-average dumping margin is zero or de minimis, or
an importer-specific assessment rate is zero or de minimis,
[[Page 42760]]
we will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise 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) For the exporters
listed above which have a separate rate, the cash deposit rate will be
the rate established in the final results of this review (except, if
the rate is zero or de minimis, then a cash deposit rate of zero will
be established for that company); (2) for previously investigated or
reviewed PRC and non-PRC exporters not listed above that have separate
rates, the cash deposit rate will continue to be the exporter-specific
rate published for the most recently completed segment of this
proceeding; (3) for all PRC exporters of subject merchandise that have
not been found to be entitled to a separate rate, the cash deposit rate
will be the rate for the PRC-wide entity, 92.84 percent; and (4) for
all non-PRC exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the PRC exporter(s) that supplied that non-PRC exporter.
With respect to the NSR, consistent with the Department's practice,
the Department has established a combination cash deposit rate for
Tainai as follows: (1) For subject merchandise exported and produced by
Tainai, the cash deposit rate will be the rate established for the
company in the final results of this review; (2) for subject
merchandise exported by Tainai but not produced by Tainai, the cash
deposit rate will be the rate for the PRC-wide entity, 92.84 percent;
(3) for subject merchandise produced by Tainai but not exported by
Tainai, the cash deposit rate will be the rate applicable to that
exporter.
These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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.
We are issuing and publishing these preliminary results of reviews
in accordance with sections 751(a)(l), 751(a)(2)(B) and 777(i)(l) of
the Act, and 19 CFR 351.221(b)(4).
Dated: July 16, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Bona Fides Analysis
5. Discussion of the Methodology
a. Non-Market Economy Country
b. Separate Rates
c. Separate Rate for Non-Selected Companies
d. Surrogate Country
e. Date of Sale
f. Normal Value Comparisons
6. Conclusion
[FR Doc. 2014-17350 Filed 7-22-14; 8:45 am]
BILLING CODE 3510-DS-P