[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Notices]
[Pages 38665-38667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16647]


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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: Preliminary Results of 
Antidumping Duty Administrative Review; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Department) is conducting an 
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). The administrative review covers four 
exporters, of which the Department selected two mandatory respondents 
for individual examination (i.e., Changshan Peer Bearing Co. Ltd. (CPZ/
SKF); and Yantai CMC Bearing Co., Ltd. (Yantai CMC)). The period of 
review (POR) is June 1, 2013, through May 31, 2014.
    We preliminarily determine that sales of subject merchandise have 
been made below normal value (NV). In addition, we preliminarily 
determine, 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.\1\ If these preliminary results are adopted in the final 
results of this review, we will instruct U.S. Customs and Border 
Protection (CBP) to assess antidumping duties on all appropriate 
entries. Interested parties are invited to comment on these preliminary 
results.
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    \1\ The collapsed entity is hereinafter referred to as CPZ/SGBC. 
For further discussion, see memorandum from The Team to Melissa 
Skinner, Director Office II, dated June 30, 2015, entitled ``Whether 
to Collapse Changshan Peer Bearing Company Ltd. and Shanghai General 
Bearing Company Ltd. in the 2013-2014 Antidumping Duty 
Administrative Review of Tapered Roller Bearings and Parts Thereof, 
Finished and Unfinished, from the People's Republic of China,'' 
(Collapsing Memorandum).

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DATES: Effective Date: July 7, 2015.

FOR FURTHER INFORMATION CONTACT: Stephen Bailey 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) 482-0193 or (202) 482-6345, 
respectively.

SUPPLEMENTARY INFORMATION:

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 description of the scope of the 
order is dispositive.\2\
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    \2\ For a complete description of the scope of the order, see 
memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, dated June 30, 
2015 entitled ``Decision Memorandum for the Preliminary Results of 
the 2013-2014 Antidumping Duty Administrative Review of Tapered 
Roller Bearings and Parts Thereof, Finished and Unfinished, from the 
People's Republic of China'' (Preliminary Decision Memorandum), 
issued concurrently with and hereby adopted by this notice.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). As noted 
above, there are two mandatory respondents in this administrative 
review: CPZ/SGBC and Yantai CMC. For CPZ/SGBC, we calculated 
constructed export prices in accordance with section 772 of the Act.

[[Page 38666]]

Because the PRC is a non-market economy (NME) within the meaning of 
section 771(18) of the Act, normal value has been calculated in 
accordance with section 773(c) of the Act.
    For Yantai CMC, we preliminarily find that this respondent is 
ineligible for a separate rate because it has failed to demonstrate an 
absence of de facto government control in this administrative review. 
Therefore, we did not calculate a separate margin for Yantai CMC.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum 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 http://access.trade.gov and in the Central Records 
Unit, room B0824 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/index.html. 
The signed Preliminary Decision Memorandum and the electronic version 
of the Preliminary Decision Memorandum are identical in content. A list 
of the topics discussed in the Preliminary Decision Memorandum is 
attached as the Appendix to this notice.

Rate for Non-Examined Companies Which Are Eligible for a Separate Rate

    The statute and the Department's regulations do not address the 
establishment of the rate applied to individual respondents not 
selected for individual examination when the Department limits its 
examination in an administrative review pursuant to section 777A(c)(2) 
of the Act. Generally, the Department looks to section 735(c)(5) of the 
Act, which provides instructions for calculating the all-others rate in 
an investigation, for guidance when calculating the rate for separate-
rate respondents that are not examined individually in an 
administrative review. Section 735(c)(5)(A) of the Act notes a 
preference that we are not to calculate an all-others rate using rates 
for individually-examined respondents which are zero, de minimis, or 
based entirely on facts available. Section 735(c)(5)(B) of the Act 
provides that, where all rates are zero, de minimis, or based entirely 
on facts available, the Department may use ``any reasonable method'' 
for assigning a rate to non-examined respondents.
    For these preliminary results, we calculated a margin of zero 
percent for CPZ/SGBC. Therefore, we preliminarily determine that the 
application of the rate from the previous administrative review to the 
non-examined separate-rate companies is consistent with precedent \3\ 
and the most appropriate method to determine the separate rate in the 
instant review. Pursuant to this method, we are preliminarily assigning 
the margin of 0.65 percent, the most recent margin calculated for the 
non-examined separate-rate respondents,\4\ to the non-examined 
separate-rate respondents in the instant review.
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    \3\ See e.g., Certain Frozen Warmwater Shrimp From the People's 
Republic of China: Preliminary Results and Preliminary Partial 
Rescission of Fifth Antidumping Duty Administrative Review, 76 FR 
8338, 8342 (February 14, 2011), unchanged in Administrative Review 
of Certain Frozen Warmwater Shrimp From the People's Republic of 
China: Final Results and Partial Rescission of Antidumping Duty 
Administrative Review, 76 FR 51940 (August 19, 2011).
    \4\ This margin is from the 2012-2013 administrative review. See 
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, 80 FR 4244 (January 27, 2015).
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Preliminary Results of Review

    Because Yantai CMC did not demonstrate that it was entitled to a 
separate rate, the Department preliminarily finds Yantai CMC to be part 
of the PRC-wide entity.\5\ The rate previously established for the PRC-
wide entity is 92.84 percent.
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    \5\ See Preliminary Decision Memorandum, at 8-9. Pursuant to the 
Department's change in practice, the Department no longer considers 
the NME entity as an exporter conditionally subject to 
administrative reviews. 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). Under this practice, the NME entity will 
not be under review unless a party specifically requests, or the 
Department self-initiates, a review of the entity. Because no party 
requested a review of the entity, the entity is not under review and 
the entity's rate is not subject to change.
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    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period June 1, 2013, 
through May 31, 2014:

------------------------------------------------------------------------
                                              Weighted-average percent
                 Exporters                             margin
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Changshan Peer Bearing Co., Ltd./Shanghai   0.00 Percent.
 General Bearing Co., Ltd.
Xinchang Kaiyuan Automotive Bearing Co.,    0.65 Percent.
 Ltd.*.
Ningbo Xinglun Bearings Import & Export     0.65 Percent.
 Co., Ltd.*.
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* This company demonstrated that it qualified for a separate rate in
  this administrative review.

Disclosure and Public Comment

    The Department will disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of these preliminary results of review.\6\ 
Rebuttals to case briefs may be filed no later than five days after 
case briefs are filed and all rebuttal briefs must be limited to 
comments raised in the case briefs. Parties who submit comments are 
requested to submit with the argument: (1) A statement of the issue; 
(2) a brief summary of the argument; and (3) a table of authorities.\7\
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    \6\  See 19 CFR 351.309(c)(1)(ii).
    \7\ See 19 CFR 351.309(d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\8\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs.\9\ If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.\10\
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    \8\ See 19 CFR 351.310(c).
    \9\ Id.
    \10\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety by 5 p.m. Eastern Time (ET) on 
the due date. Documents excepted from the electronic submission 
requirements must be filed manually (i.e., in paper form) with the APO/
Dockets Unit in Room 18022 and stamped with the date and time of 
receipt by 5 p.m. ET on the due date.
    Unless otherwise extended, the Department intends to issue the 
final results of this administrative review, which will include the 
results of its analysis of all issues raised in the case briefs, within 
120 days of publication of these preliminary results, pursuant to 
section 751(a)(3)(A) of the Act.

[[Page 38667]]

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\11\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication of the final results 
of this review. For each individually-examined respondent in this 
review (i.e., CPZ/SGBC) which has a weighted-average dumping margin 
which is not zero or de minimis (i.e., less than 0.5 percent), we will 
calculate importer-specific assessment rates based on the ratio of the 
total amount of dumping calculated for the importer's examined sales to 
the total entered value of those sales, in accordance with 19 CFR 
351.212(b)(1).\12\ Where either the respondent's weighted-average 
dumping margin is zero or de minimis, or an importer-specific ad 
valorem dumping margin is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
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    \11\ See 19 CFR 351.212(b)(1).
    \12\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012). The Department will 
limit the application of this assessment rate to CPZ/SKF's entries 
of subject merchandise because SGBC's entries were not subject to 
the antidumping duty order on TRBs during the POR. For further 
discussion, see the Preliminary Decision Memorandum.
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    For the respondents which were not selected for individual 
examination in this administrative review and which qualified for a 
separate rate, the assessment rate will be equal to the dumping margin 
assigned to the non-examined separate-rate companies in the 2012-2013 
administrative review of TRBs from the PRC.\13\
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    \13\ See ``Rate for Non-Examined Companies Which Are Eligible 
for a Separate Rate'' section, above.
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    For the final results, if we continue to treat Yantai CMC as part 
of the PRC-wide entity, we will instruct CBP to apply an ad valorem 
assessment rate of 92.84 percent to all entries of subject merchandise 
during the POR which were exported by Yantai CMC.
    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 PRC-wide 
rate. In addition, 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 (i.e., at that 
exporter's rate) will be liquidated at the PRC-wide rate.\14\
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    \14\ For a full discussion of this practice, 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 which have a separate rate, the cash deposit rate will be 
the rate established in the final results of this review (except, if 
the rate is zero or 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(s) that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a preliminary 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.
    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19 
CFR 351.221(b)(4).

    Dated: June 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
    a. Non-Market Economy Country
    b. Separate Rates
    c. Separate Rate for Non-Selected Companies
    d. Collapsing of CPZ With Another Producer of TRBs
    e. Surrogate Country
    f. Date of Sale
    g. Normal Value Comparisons
5. Conclusion

[FR Doc. 2015-16647 Filed 7-6-15; 8:45 am]
BILLING CODE 3510-DS-P