[Federal Register Volume 77, Number 148 (Wednesday, August 1, 2012)]
[Notices]
[Pages 45587-45588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18889]


-----------------------------------------------------------------------

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 a request for a new shipper review (``NSR'') of the antidumping 
duty order on tapered roller bearings (``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, 2011, through May 31, 2012.

DATES: Effective Date: August 1, 2012.

FOR FURTHER INFORMATION CONTACT: Demitri Kalogeropoulos, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone: 202-482-2623.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on TRBs from the 
PRC was published in the Federal Register on June 15, 1987.\1\ On June 
28, 2012, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 
1930, as amended (``Act''), and 19 CFR 351.214(b), the Department 
received an NSR request from Zhejiang Zhengda Bearing Co., Ltd. 
(``Zhejiang Zhengda''). Zhejiang Zhengda's request was made in June 
2012, which is the anniversary month of the Order.\2\
---------------------------------------------------------------------------

    \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) (``Order'').
    \2\ See 19 CFR 351.214(d).
---------------------------------------------------------------------------

    In its submission, Zhejiang Zhengda certified that it is the 
exporter and producer of the subject merchandise upon which the request 
was based. Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Zhejiang Zhengda certified that it did not export 
TRBs to the United States during the period of investigation (``POI''). 
In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 
CFR 351.214(b)(2)(iii)(A), Zhejiang Zhengda certified that, since the 
initiation of the investigation, it has not been affiliated with a PRC 
exporter or producer who exported TRBs to the United States during the 
POI, including those not individually examined during the 
investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), Zhejiang 
Zhengda also certified that its export activities were not controlled 
by the central government of the PRC.
    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Zhejiang Zhengda submitted documentation 
establishing the following: (1) The date on which Zhejiang Zhengda 
first shipped TRBs for export to the United States and the date on 
which the TRBs were first entered, or withdrawn from warehouse, for 
consumption; (2) the volume of its first shipment; and (3) the date of 
its first sale to an unaffiliated customer in the United States.
    The Department conducted U.S. Customs and Border Protection 
(``CBP'') database queries in an attempt to confirm that Zhejiang 
Zhengda's shipments of subject merchandise had entered the United 
States for consumption and that liquidation of such entries had been 
properly suspended for antidumping duties.\3\ The Department also 
examined whether the CBP data confirm that such entries were made 
during the NSR POR. The Department has identified some inconsistencies 
between the information provided by Zhejiang Zhengda and the CBP data 
currently on the record. After the initiation of this NSR, the 
Department intends to place additional CBP data on the record, and, if 
necessary, request additional information from Zhejiang Zhengda. Due to 
the proprietary nature of this information, please refer to the 
Memorandum to the File from John Ditore, ``Initiation of AD New Shipper 
Review: Tapered Roller Bearings and

[[Page 45588]]

Parts Thereof from the People's Republic of China (A-570-601)'' dated 
concurrently with this notice (``Initiation Checklist'').
---------------------------------------------------------------------------

    \3\ See July 26, 2012 memorandum to the file regarding CBP data.
---------------------------------------------------------------------------

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, 2011, through May 31, 2012. 
Based on information provided by Zhejiang Zhengda, the sales and 
entries into the United States of subject merchandise produced and 
exported by Zhejiang Zhengda occurred during this twelve-month POR.

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
the Department finds that the request submitted by Zhejiang Zhengda 
meets the threshold requirements for initiation of an NSR for the 
shipment of TRBs from the PRC produced and exported by Zhejiang 
Zhengda. See Initiation Checklist. If the information supplied by 
Zhejiang Zhengda 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 adverse 
facts available pursuant to section 776 of the Act, depending upon the 
facts on record.
    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 90 days from the issuance of the preliminary 
results.\4\ It is the Department's usual practice, in cases involving 
non-market economies, 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, the 
Department will issue a questionnaire to Zhejiang Zhengda which will 
include a section requesting information with regard to Zhejiang 
Zhengda's export activities for separate rates purposes. The review 
will proceed if the response provides sufficient indication that 
Zhejiang Zhengda is not subject to either de jure or de facto 
government control with respect to its export of subject merchandise.
---------------------------------------------------------------------------

    \4\ See section 751(a)(2)(B)(iv) of the Act.
---------------------------------------------------------------------------

    The Department 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 Zhejiang Zhengda in accordance with section 
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Zhejiang 
Zhengda certified that it produced and exported the subject 
merchandise, the Department will apply the bonding privilege to 
Zhejiang Zhengda only for subject merchandise which Zhejiang Zhengda 
produced and exported.
    To assist in its analysis of the bona fides of Zhejiang Zhengda's 
sales, upon initiation of this new shipper review, the Department will 
require Zhejiang Zhengda 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 19 CFR 351.306. 
This initiation and notice are in accordance with section 751(a)(2)(B) 
of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).

    Dated: July 27, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-18889 Filed 7-31-12; 8:45 am]
BILLING CODE 3510-DS-P