[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Notices]
[Pages 51185-51186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18402]
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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: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) received a request
from Zhejiang Jingli Bearing Technology Co. Ltd. (Zhejiang Jingli) 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). We have determined that this
request meets the statutory and regulatory requirements for initiation.
The period of review (POR) for this NSR is June 1, 2015, through May
31, 2016.
DATES: Effective August 3, 2016.
FOR FURTHER INFORMATION CONTACT: Manuel Rey or Blaine Wiltse,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-5518 or (202) 482-6345,
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\ In June 2016, the
Department received a properly-filed request for an NSR from Zhejiang
Jingli \2\ during the anniversary month of the antidumping duty order,
pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as
amended (the Act).
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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 Zhejiang Jingli's June 28, 2016, submission (Zhejiang
Jingli NSR Request).
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In its request, Zhejiang Jingli certified that it is 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), Zhejiang Jingli also 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),
Zhejiang Jingli 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), Zhejiang
Jingli certified that its export activities were not controlled by the
government of the PRC.\5\ Finally, because Zhejiang Jingli purchased
in-scope parts from unaffiliated suppliers, it also provided these same
certifications from its suppliers, as required by 19 CFR
351.214(b)(2)(ii)(B), (b)(2)(iii)(A), and (b)(2)(iii)(B).\6\
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\3\ Id., at Exhibit 1.
\4\ Id.
\5\ Id.
\6\ See Zhejiang Jingli's July 25, 2016, submission at
Attachment.
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In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Zhejiang Jingli submitted documentation
establishing the following: (1) The date on which it first sold 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.\7\
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\7\ Id., at Exhibit 2.
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The Department conducted a U.S. Customs and Border Protection (CBP)
database query to confirm that Zhejiang Jingli's shipment of subject
merchandise 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 Zhejiang Jingli.
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 is June 1, 2015, through May 31, 2016. Based on the
information provided by Zhejiang Jingli, the subject merchandise upon
which Zhejiang Jingli's NSR request is based entered the United States
during this twelve-month POR.
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 after reviewing the information on the record,
the Department finds that the request from
[[Page 51186]]
Zhejiang Jingli meets the threshold requirements for the initiation of
an NSR for shipments of TRBs from the PRC by Zhejiang Jingli.\8\ If the
information supplied by Zhejiang Jingli cannot be verified, or is
otherwise found to be incorrect or insufficient during the course of
this proceeding, the Department may rescind the NSR or apply facts
available pursuant to section 776 of the Act, depending on the facts on
the record.
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\8\ See Memorandum to the File from Manuel Rey, International
Trade Compliance Analyst, Office II, 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 of Zhejiang Jingli,'' dated concurrently with this
notice.
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On February 24, 2016, the President signed into law the ``Trade
Facilitation and Trade Enforcement Act of 2015,'' H.R. 644, which made
several amendments to section 751(a)(2)(B) of the Act. We will conduct
this NSR in accordance with section 751(a)(2)(B) of the Act, as amended
by the Trade Facilitation and Trade Enforcement Act of 2015.\9\
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\9\ Notably, the Trade Facilitation and Trade Enforcement Act of
2015 removed from section 751(a)(2)(B) of the Act the provision
directing the Department to instruct CBP to allow an importer the
option of posting a bond or security in lieu of a cash deposit
during the pendency of an NSR.
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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 within 90 days after the date on which the preliminary results
are issued, pursuant to section 751(a)(2)(B)(iii) 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 Zhejiang Jingli which will include a
section requesting information concerning its eligibility for a
separate rate. The review will proceed if the response provides
sufficient indication that Zhejiang Jingli is not subject to either de
jure or de facto government control with respect to its exports of
subject merchandise.
To assist in its analysis of the bona fides of Zhejiang Jingli's
sale pursuant to section 751(a)(2)(B)(iv) of the Act, upon initiation
of this NSR, the Department will require Zhejiang Jingli 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 28, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2016-18402 Filed 8-2-16; 8:45 am]
BILLING CODE 3510-DS-P