[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Notices]
[Pages 4244-4247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01489]
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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: Final Results of the
Antidumping Duty Administrative Review and Final Results of the New
Shipper Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 23, 2014, the Department of Commerce (the Department)
published the preliminary results and partial rescission of the 26th
administrative review and the preliminary results of one 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).\1\ The period of review (POR) is June 1, 2012,
through May 31, 2013. Based on our analysis of the comments received,
we have made certain changes in the margin calculations. Therefore, the
final results differ from the preliminary results. The final weighted-
average dumping margins for the reviewed firms are listed below in the
section entitled ``Final Results of the Reviews.''
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\1\ See 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, 79 FR
42758 (July 23, 2014) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
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DATES: Effective Date: January 27, 2015.
FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or Steve Bailey, 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-
6345 or (202) 482-0193, respectively.
[[Page 4245]]
Background
These final results of administrative review cover two exporters
\2\ of the subject merchandise, of which the Department selected
Changshan Peer Bearing Co. Ltd. (CPZ/SKF) as a mandatory respondent for
individual examination. The respondent which was not selected for
individual examination, Zhejiang Zhaofeng Mechanical and Electronic
Co., Ltd. (Zhaofeng), is listed in the ``Final Results of the Reviews''
section of this notice. The NSR covers entries produced and exported by
Shanghai Tainai Bearing Co., Ltd. (Tainai).
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\2\ This review originally covered four exporters. However, the
Department rescinded the review with respect to Xiangyang Automobile
Bearing Co., Ltd. and GGB Bearing Technology (Suzhou) Co., Ltd. in
the Preliminary Results. See Preliminary Results, 79 FR at 42758-59.
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On July 23, 2014, the Department published the Preliminary Results.
In August 2014, we received case and rebuttal briefs from the Timken
Company (the petitioner) and CPZ/SKF. In August 2014, we also received
a rebuttal brief from Tainai. In September 2014, the Department held a
public hearing at the request of the petitioner. On October 27, 2014,
the Department extended the final results in these reviews to no later
than January 20, 2015.\3\
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\3\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Blaine Wiltse, Senior International Trade Compliance Analyst, Office
II, Antidumping and Countervailing Duty Operations, entitled,
``Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, from the People's Republic of China: Extension of
Deadline for Final Results of Antidumping Duty Administrative Review
and New Shipper Review,'' dated October 27, 2014.
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The Department has conducted these reviews in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise covered by the Order \4\ includes tapered roller
bearings tapered roller bearings and parts thereof, finished and
unfinished, 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. These products are
currently classifiable under Harmonized Tariff Schedule of the United
States (HTSUS) item numbers 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. Although the HTSUS item numbers are
provided for convenience and customs purposes, the written description
of the scope of the Order is dispositive.\5\
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\4\ See Notice of 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) (Order).
\5\ For a complete description of the scope of the Order, see
the ``Issues and Decision Memorandum for the Antidumping Duty
Administrative Review and New Shipper Review (2012-2013): 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 Antidumping and Countervailing
Duty Operations, dated concurrently with, and adopted by, this
notice (Issues and Decision Memo).
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Separate Rates
In the Preliminary Results, we found that evidence provided by CPZ/
SKF, Tainai, and Zhaofeng supported finding an absence of both de jure
and de facto government control, and, therefore, we preliminarily
granted a separate rate to each of these companies.\6\ We have received
no information since the issuance of the Preliminary Results that
provides a basis for reconsidering these determinations. Therefore, for
the final results, we continue to find that CPZ/SKF, Tainai, and
Zhaofeng are eligible for a separate rate.
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\6\ See Preliminary Results, 79 FR at 42759, and accompanying
Preliminary Decision Memorandum at 4-7.
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Weighted-Average Dumping Margin for the Non-Examined, Separate-Rate
Company
For the exporters subject to a review that are determined to be
eligible for a separate rate, but are not selected as individually
examined respondents, the Department generally weight averages the
rates calculated for the individually examined respondents, excluding
any rates that are zero, de minimis, or based entirely on facts
available.\7\ In this administrative review, the only individually-
examined company is CPZ/SKF, which has a rate that is not zero, de
minimis, or based entirely on facts available. Accordingly, consistent
with the Department's practice,\8\ we have determined that the
weighted-average dumping margin to be assigned to the separate rate
respondent not individually examined (i.e., Zhaofeng) should be the
weighted-average dumping margin calculated for the mandatory
respondent, CPZ/SKF.
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\7\ See, e.g., Wooden Bedroom Furniture From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review, Preliminary Results of New Shipper Review and
Partial Rescission of Administrative Review, 73 FR 8273, 8279
(February 13, 2008) (unchanged in Wooden Bedroom Furniture From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review and New Shipper Review, 73 FR 49162 (August
20, 2008)).
\8\ See, e.g., Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review; 2010-2011, 78 FR
3396, 3397 (January 16, 2013).
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Analysis of Comments Received
All issues which have been raised in the case briefs by parties to
this administrative review and this NSR are addressed in the Issues and
Decision Memo. A list of the issues which parties raised and to which
we respond in the Issues and Decision Memo is attached to this notice
as an Appendix. The Issues and Decision Memo is a public document and
is on file electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System
(ACCESS).\9\ ACCESS is available to registered users at https://access.trade.gov, and it is 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 Issues and Decision Memo can be
accessed directly at http://enforcement.trade.gov/frn/index.html. The
signed Issues and Decision Memo and the electronic version of the
Issues and Decision Memo are identical in content.
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\9\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from http://iaaccess.trade.gov to http://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
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Changes Since the Preliminary Results
Based on our analysis of the comments received, we made changes in
the margin calculations for CPZ/SKF and Tainai. These changes are
discussed in the relevant sections of the Issues and Decision Memo and
company-specific analysis memoranda, as appropriate.
Period of Review
The POR is June 1, 2012, through May 31, 2013.
Final Results of the Reviews
Regarding the administrative review, we are assigning the following
weighted-average dumping margins to the firms listed below for the
period June 1, 2012, through May 31, 2013:
[[Page 4246]]
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Weighted-average
Exporter dumping margin
(percent)
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Changshan Peer Bearing Co., Ltd..................... 0.65
Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd 0.65
*..................................................
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* This company demonstrated eligibility for a separate rate in this
administrative review. As discussed above, the rate for this company
is the calculated weighted-average dumping margin for CPZ/SKF.
Regarding the NSR, we are assigning the following weighted-average
dumping margin to the exporter/producer combination listed below for
the period June 1, 2012, through May 31, 2013:
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Weighted-average
Exporter Producer dumping margin
(percent)
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Shanghai Tainai Bearing Co., Shanghai Tainai 0.00
Ltd. Bearing Co., Ltd.
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Disclosure
We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this proceeding
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), the Department has determined, and Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise, where applicable, in accordance with
the final results of these reviews. The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of reviews.
For each individually-examined respondent (either the exporter or
producer and exporter combination specified above) whose weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.50
percent), we calculated importer-specific assessment rates for entries
subject to these reviews. For entries of subject merchandise exported
by CPZ/SKF and for entries of subject merchandise produced and exported
by Tainai, we calculated an ad valorem rate for each importer by
dividing the total amount of dumping calculated for the importer's
examined sales by the total entered values associated with those sales,
in accordance with 19 CFR 351.212(b)(1). For duty assessment rates
calculated on this basis, we will direct CBP to assess the resulting ad
valorem rate against the entered customs values for the subject
merchandise. We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review where an importer-specific
assessment rate is not zero or de minimis. Where either the
respondent's weighted-average dumping margin is zero or de minimis, or
an importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.\10\ For Zhaofeng, the ad valorem assessment rate
will be equal to the weighted-average dumping margin assigned above in
the final results of review.
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\10\ See 19 CFR 351.106(c)(2).
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On October 24, 2011, the Department announced a refinement to its
assessment practice in NME cases. Pursuant to this refinement in
practice, for entries that were not reported in the U.S. sales
databases submitted by the company individually examined during this
review, the Department will instruct CBP to liquidate such entries at
the rate applicable to the PRC-wide entity (i.e., 92.84 percent).\11\
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\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review
(except, if the rate is 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 currently
have separate a rate, the cash deposit rate will continue to be the
exporter-specific rate published for the most recently completed
segment of this proceeding where the exporter received that separate
rate; (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 separate rate, the cash deposit rate will be the rate
applicable to the PRC exporter that supplied that non-PRC exporter.
With respect to the NSR, consistent with the Department's
practice,\12\ the Department has established a producer/exporter
combination cash deposit rate for Tainai as follows: (1) For subject
merchandise exported and produced by Tainai, the cash deposit rate will
be equal to the weighted-average dumping margin for Tainai 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.
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\12\ See e.g., Certain New Pneumatic Off-the-Road Tires From the
People's Republic of China: Final Results of Antidumping Duty New
Shipper Review; 2011-2012, 78 FR 33341, 33342 (June 4, 2013).
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These deposit requirements, when imposed, shall remain in effect
until further notice.
Notifications to Importers
This notice also serves as a final 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
[[Page 4247]]
subsequent assessment of double antidumping duties.
Notifications to Interested Parties
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials, or conversion
to judicial protective order, is hereby requested. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
We are issuing and publishing these results of review in accordance
with sections 751(a)(1), 751(a)(2)(B) and 777(i)(1) of the Act.
Dated: January 20, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision Memo
1. Surrogate Value for Truck Freight
2. Using the Sigma Cap and Unreported Affiliate Distances
3. By-Products Offsets
CPZ/SKF Issues
4. Collapsing of Shanghai General Bearing Co., Ltd. and CPZ/SKF
5. Adverse Facts Available for CPZ/SKF
6. Market Economy Purchases of Steel
7. Calculation of Input Freight
8. Including Certain Fees in International Freight Expenses
9. Treatment of Value Added Tax
Tainai Issues
10. AFA for Tainai
[FR Doc. 2015-01489 Filed 1-26-15; 8:45 a.m.]
BILLING CODE 3510-DS-P