[Federal Register Volume 79, Number 17 (Monday, January 27, 2014)]
[Notices]
[Pages 4327-4330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01503]


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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 
2011-2012 Antidumping Duty Administrative Review and New Shipper 
Reviews

AGENCY: Enforcement and Compliance, Formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: On July 8, 2013, the Department of Commerce (the Department) 
published the preliminary results of the 25th administrative review and 
two new shipper reviews (NSRs) 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, 2011, through May 31, 2012. 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 
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 and New Shipper Reviews; 
2011-2012, 78 FR 40692 (July 8, 2013) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.

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DATES: Effective Date: January 27, 2014.

FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or Alan Ray, 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) 482-5463, respectively.

Background

    The administrative review covers six exporters of the subject 
merchandise, of which the Department selected Changshan Peer Bearing 
Co. Ltd. (CPZ/SKF) as a mandatory respondent for individual 
examination. The respondents which were not selected for individual 
examination are listed in the ``Final Results of the Review'' section 
of this notice. The NSRs cover Haining Automann Parts Co., Ltd. 
(Automann), and Zhejiang Zhengda Bearing Co., Ltd. (Zhengda).
    On July 8, 2013, the Department published the Preliminary Results. 
In August 2013, we received case and rebuttal briefs from The Timken 
Company (the petitioner), as well as from CPZ/SKF, Automann, and 
Zhengda.
    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\2\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day. Furthermore, on November 12, 2013, the Department 
extended the final results in the current review to no later than 
January 21, 2014.\3\
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    \2\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government,'' dated October 18, 2013.
    \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 Reviews,'' dated November 12, 2013.
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    The Department has conducted this administrative 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 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

[[Page 4328]]

description of the scope of the order \4\ 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).
    \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 Reviews (2011-2012): Tapered 
Roller Bearings and Parts Thereof, Finished and Unfinished, from the 
People's Republic of China,'' from James Maeder, Director, Office 
II, Antidumping and Countervailing Duty Operations, to Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, dated concurrently with, and adopted by, this 
notice (Issues and Decision Memo).
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PRC-Wide Entity

    The Department initiated a review of two companies, Ningbo General 
Bearing Co., Ltd. (NGBC) and Timken de Mexico S.A. de C.V. (Timken 
Mexico), which did not provide separate rate applications. Because 
these companies do not already have separate rates, they remain part of 
the PRC-wide entity in this review.\6\ Accordingly, the PRC-wide entity 
is under review for these final results. In non-market economy (NME) 
proceedings, ``rates'' may consist of a single weighted-average dumping 
margin applicable to all exporters and producers.\7\ Therefore, we 
assigned the PRC-wide entity a rate of 92.84 percent, the rate most 
recently assigned to the PRC-wide entity in this proceeding.\8\ We have 
received no information since the issuance of the Preliminary Results 
that provides a basis for reconsidering this determination, and we 
will, therefore, continue to apply the rate of 92.84 percent to the 
PRC-wide entity, including NGBC and Timken Mexico.
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    \6\ See Preliminary Results, 78 FR at 40694, and accompanying 
Preliminary Decision Memorandum at 5-7.
    \7\ See 19 CFR 351.107(d).
    \8\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review, 74 FR 3987, 3988 (January 
22, 2009).
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Separate Rates

    In the Preliminary Results, we found that Dana Heavy Axle S.A. de 
C.V. (DHAM), a separate-rate respondent, is a wholly foreign-owned 
company with no PRC ownership and, therefore, it demonstrated its 
eligibility for a separate rate.\9\ For the final results, we continue 
to find no evidence indicating that DHAM is under the control of the 
PRC and, accordingly, have granted separate rate status to DHAM.
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    \9\ See Preliminary Results, 78 FR at 40694, and accompanying 
Preliminary Decision Memorandum at 6.
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    Also as stated in the Preliminary Results, evidence provided by 
Automann, CPZ/SKF, Zhejiang Sihe Machine Co., Ltd. (Sihe), Zhejiang 
Zhaofeng Mechanical and Electronic Co., Ltd. (Zhaofeng), and Zhengda, 
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.\10\ We have received no information since the 
issuance of the Preliminary Results that provides a basis for 
reconsidering this determination. Therefore, for the final results, we 
continue to find that Automann, CPZ/SKF, Sihe, Zhaofeng, and Zhengda 
are eligible for a separate rate.
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    \10\ See Preliminary Results, 78 FR at 40694, and accompanying 
Preliminary Decision Memorandum at 7.
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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.\11\ In this instance, 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,\12\ we have determined that the weighted-average 
dumping margin to be assigned to the separate rate respondents not 
individually examined (i.e., DHAM, Sihe, and Zhaofeng) should be the 
weighted-average dumping margin calculated for the mandatory 
respondent, CPZ/SKF.
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    \11\ 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)).
    \12\ 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 raised in the case briefs by parties to this 
administrative review and NSRs 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 (IA ACCESS). 
IA ACCESS is available to registered users at http://iaaccess.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/. 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 calculations for all respondents. These changes are 
discussed in the relevant sections of the Issues and Decision Memo and 
company-specific analysis memos, as appropriate.

Period of Review

    The POR is June 1, 2011, through May 31, 2012.

Final Results of the Review

    Regarding the administrative review, we are assigning the following 
weighted-average dumping margins to the firms listed below for the 
period June 1, 2011, through May 31, 2012, as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
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Changshan Peer Bearing Co., Ltd............................         0.74
Dana Heavy Axle S.A. de C.V.*..............................         0.74
Zhejiang Sihe Machine Co., Ltd*............................         0.74
Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd.*.....         0.74
PRC-Wide Entity \13\.......................................        92.84
------------------------------------------------------------------------
* This company applied for or demonstrated eligibility for a separate
  rate in this administrative review. The rate for this company is the
  calculated weighted-average dumping margin for CPZ/SKF.

    Regarding the NSRs, we are assigning the following weighted-average 
dumping margins to the firms listed below for the period June 1, 2011, 
through May 31, 2012:
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    \13\ The PRC-Wide Entity includes all entities for which the 
Department initiated a review but which did not establish their 
eligibility for a separate rate. See Preliminary Results, 78 FR at 
40694, and accompanying Preliminary Decision Memorandum at 5-8.

[[Page 4329]]



------------------------------------------------------------------------
                                                             Weighted-
                                                              average
             Exporter                     Producer            dumping
                                                              margin
                                                             (percent)
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Haining Automann Parts Co., Ltd...  Haining Automann               60.25
                                     Parts Co., Ltd.
Zhejiang Zhengda Bearing Co., Ltd.  Zhejiang Zhengda                0.00
                                     Bearing Co., Ltd.
------------------------------------------------------------------------

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 and deposits of estimated duties, where 
applicable, in accordance with the final results of this review and 
these NSRs. The Department intends to issue assessment instructions to 
CBP 15 days after the date of publication of these final results of 
reviews.
    For an individually-examined respondent (either 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 this review. For entries exported by CPZ/SKF and for entries 
produced and exported by Automann, 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. 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,\14\ 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.\15\
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    \14\ Id.
    \15\ See 19 CFR 351.106(c)(2).
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    The Department recently 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 
companies individually examined during this review, the Department will 
instruct CBP to liquidate such entries at the rate applicable for the 
PRC-wide entity.\16\ Additionally, if the Department determines that an 
exporter 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 rate applicable for the PRC-
wide entity.\17\
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    \16\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
    \17\ Id.
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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 which have a separate rate, 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 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 that 
supplied that non-PRC exporter.
    With respect to the NSRs, consistent with the Department's 
practice,\18\ the Department has established a combination cash deposit 
rate for Automann and Zhengda as follows: (1) For subject merchandise 
exported and produced by Automann or Zhengda, the cash deposit rate 
will be the rate established for each producer and exporter combination 
in the final results of these reviews; (2) for subject merchandise 
exported by Automann or Zhengda but not produced by the same company, 
the cash deposit rate will be the rate for the PRC-wide entity, 92.84 
percent; (3) for subject merchandise produced by Automann or Zhengda 
but not exported by the same company, the cash deposit rate will be the 
rate applicable to that exporter.
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    \18\ See 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.

Notification 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.

Notification 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 and 19 CFR 351.222.


[[Page 4330]]


    Dated: January 16, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix--List of Topics Discussed in the Issues and Decision Memo

General Issues

1. Surrogate Value for Truck Freight
2. Using the Annual Report of NSK Bearing Company (Thailand) Limited 
To Calculate Surrogate Financial Ratios

CPZ/SKF Issues

3. Consideration of an Alternative Comparison Method in 
Administrative Reviews
4. Differential Pricing Analysis
5. Value of Steel Used in Products Produced by the Peer Bearing 
Company
6. Factors of Production Used in Determining Normal Value

Automann Issue

7. Surrogate Value for Sensors

[FR Doc. 2014-01503 Filed 1-24-14; 8:45 am]
BILLING CODE 3510-DS-P