[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Notices]
[Pages 1396-1398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00432]
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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; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 7, 2015, the Department of Commerce (the Department)
published the preliminary results of the 27th administrative review 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, 2013, through May
31, 2014. Based on our analysis of the comments received, we 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 Review.''
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\1\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, From the People's Republic of China: Preliminary Results
of Antidumping Duty Administrative Review; 2013-2014, 80 FR 38665
(July 7, 2015) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
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DATES: Effective Date: January 12, 2016.
FOR FURTHER INFORMATION CONTACT: Blaine Wiltse, 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.
Background
These final results of administrative review cover four exporters
of the subject merchandise, Changshan Peer Bearing Co., Ltd. and Peer
Bearing Company (collectively, CPZ/SKF), Ningbo Xinglun Bearings Import
& Export Co., Ltd. (Xinglun), Xinchang Kaiyuan Automotive Bearing Co.,
Ltd. (Kaiyuan), and Yantai CMC Bearing Co. Ltd. (Yantai CMC). The
Department selected as CPZ/SKF and Yantai CMC as mandatory respondents
for individual examination; however, we subsequently found that Yantai
CMC does not qualify for a separate rate.\2\ Additionally, in the
Preliminary Results, we determined, in accordance with 19 CFR
351.401(f) to treat affiliated producers, CPZ/SKF and Shanghai General
Bearing Co., Ltd. (SGBC) as a single entity (collectively, CPZ/SGBC).
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\2\ See Preliminary Results, 80 FR at 38666.
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On July 7, 2015, the Department published the Preliminary Results.
In August 2015, we received case and rebuttal briefs from the Timken
Company (the petitioner) and CPZ/SKF. We also received a case brief
from Yantai CMC. In September 2015, the Department held a public
hearing at the request of the petitioner.
The Department conducted this review 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 \3\ includes 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.\4\
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\3\ 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).
\4\ For a complete description of the scope of the Order, see
the ``Issues and Decision Memorandum for the Antidumping Duty
Administrative Review (2013-2014): 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, Kaiyuan, and Xinglun 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.\5\ We 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, Kaiyuan, and Xinglun
are eligible for separate rates.
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\5\ See Preliminary Results, 80 FR at 38665, and accompanying
Preliminary Decision Memorandum at 4-7.
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With respect to Yantai CMC, however, we determined in the
Preliminary Results that this company failed to demonstrate an absence
of de facto government control, and, thus, the Department did not grant
Yantai CMC a separate rate. For these final results, we continue to
find, based on record evidence, that Yantai CMC failed to demonstrate
an absence of de facto government control. Accordingly, we
[[Page 1397]]
are not granting Yantai CMC a separate rate. For further discussion of
this issue, see Comments 6 through 9 of the accompanying Issues and
Decision Memo.
Weighted-Average Dumping Margin for the Non-Examined, Separate-Rate
Companies
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.\6\ In this administrative review, the only individually-
examined company for which we calculated a margin is CPZ/SKF, which is
receiving a separate rate calculated from its own sales and production
data. To determine a rate for the unselected separate rate companies,
we find it appropriate to use the margin calculated for CPZ/SKF, which
was also found to be separate from the PRC-wide entity with respect to
its export activities, and which has been assigned a rate that is not
zero or de minimis nor based entirely on facts available. Therefore, we
are assigning CPZ/SKF's calculated margin as the rate assigned to non-
examined entities which demonstrated their eligibility for a separate
rate.\7\
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\6\ 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).
\7\ We note that this represents a change from the Preliminary
Results, where we preliminarily assigned separate rate companies the
separate rate from the immediately preceding administrative review.
This is a function of the fact that CPZ/SKF's rate has changed from
zero to above de minimis in these final results. As a result, using
section 735(c)(5)(A) of the Act as guidance, we revised our
methodology for these final results.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review 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).
ACCESS is available to registered users at https://access.trade.gov,
and it is available to all parties in the Central Records Unit, room
B8024 of the main Department of Commerce building. In addition, a
complete version of the Issues and Decision Memo can be accessed
directly at http://trade.gov/enforcement. The signed Issues and
Decision Memo and the electronic version of the Issues and Decision
Memo are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made changes in
the margin calculation for CPZ/SKF. These changes are discussed in the
relevant sections of the Issues and Decision Memo.
Period of Review
The POR is June 1, 2013, through May 31, 2014.
Final Results of the Review
Because Yantai CMC did not demonstrate that it is entitled to a
separate rate, the Department finds Yantai CMC to be part of the PRC-
wide entity. No party requested a review of the PRC-wide entity.
Therefore, we did not conduct a review of the PRC-wide entity and the
entity's rate is not subject to change.\8\ The rate previously
established for the PRC-wide entity is 92.84 percent.
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\8\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4,
2013).
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Additionally, we are assigning the following weighted-average
dumping margins to the firms listed below for the period June 1, 2013,
through May 31, 2014:
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Weighted-average
Exporters dumping margin
(percent)
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Changshan Peer Bearing Co., Ltd./Shanghai General 0.91
Bearing Co., Ltd....................................
Ningbo Xinglun Bearings Import & Export Co., Ltd.*... 0.91
Xinchang Kaiyuan Automotive Bearing Co., Ltd.*....... 0.91
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* This company demonstrated eligibility for a separate rate in this
administrative review.
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 this review. The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of review.
Where an importer- (or customer-) specific ad valorem or per-unit
rate is greater than de minimis, the Department will instruct CBP to
collect the appropriate duties at the time of liquidation.\9\
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\9\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012).
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For entries of subject merchandise exported by CPZ/SKF we
calculated an ad valorem rate 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). We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review.
For Yantai CMC, because the Department determined that this company
did not qualify for a separate rate, we will instruct CBP to assess
dumping duties on the company's entries of subject merchandise at the
rate of 92.84 percent.
For Kaiyuan and Xinglun, the companies not selected for individual
examination, the ad valorem assessment rate will be equal to the
weighted-
[[Page 1398]]
average dumping margin assigned above in the final results of review.
For entries that were not reported in the U.S. sales database
submitted by an exporter individually examined during this review, the
Department will instruct CBP to liquidate such entries at the PRC-wide
rate. Additionally, 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 will be
liquidated at the PRC-wide rate (i.e., 92.84 percent).\10\
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\10\ 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.
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 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) and 777(i)(1) of the Act.
Dated: January 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memo
CPZ/SKF
1. Whether to Collapse CPZ/SKF and Shanghai General Bearing Co.,
Ltd.
2. Calculation of Steel Bar Transportation Cost
3. Surrogate Value (SV) for Truck Freight
4. SV for Labor Rate
5. Unreported Steel Producer Distances to Subcontractors
Yantai CMC
6. The Department Should Discontinue its Separate Rate Practice
7. The Denial of Separate Rate Status for Yantai CMC is not
Supported by Record Evidence
8. Assigning Yantai CMC the PRC-Wide Rate is Contrary to Law
9. The Department's Separate Rate Tests and Resulting Use of AFA are
Inconsistent with the World Trade Organization Agreements
[FR Doc. 2016-00432 Filed 1-11-16; 8:45 am]
BILLING CODE 3510-DS-P