[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Notices]
[Pages 42086-42087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17486]


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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: Notice of Court 
Decision Not in Harmony With Final Results of Administrative Review and 
Notice of Second Amended Final Results of Administrative Review 
Pursuant to Court Decision

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 16, 2015, the United States Court of International 
Trade (``CIT'') issued its final judgment vacating its decision in Peer 
Bearing Co.--Changshan v. United States, 853 F. Supp. 2d 1365 (CIT 
2013) (``CPZ II''), and re-instating the Department of Commerce's (the 
``Department'') first redetermination issued on remand (``First Remand 
Redetermination'') \1\ with respect to the Department's final results 
of the 2006-2007 antidumping duty administrative review of tapered 
roller bearings and parts thereof, finished and unfinished from the 
People's Republic of China.\2\ Consistent with the decision of the 
United States Court of Appeals for the Federal Circuit (``CAFC'') in 
Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) 
(``Timken''), as clarified by Diamond Sawblades Mfrs. Coalition v. 
United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond Sawblades''), 
the Department is notifying the public that the final judgment in this 
case is not in harmony with the Department's amended final results of 
review \3\ and is amending the Amended Final Results of review with 
respect to the margin determined for Peer Bearing Company--Changshan 
(``CPZ''), an exporter and producer of subject merchandise.
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    \1\ On May 23, 2011, the Department issued its Draft Results of 
Redetermination Pursuant to Court Remand, and on July 1, 2011, it 
issued its Final Results of Redetermination Pursuant to Remand (July 
1, 2011).
    \2\ See Peer Bearing Co.--Changshan v. United States, Court No. 
09-00052, Slip Op. 15-61 (CIT 2015) (``CIT's Final Order'').
    \3\ 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 (January 22, 
2009) (``Final Results''), as amended, Tapered Roller Bearings from 
the People's Republic of China: Notice of Court Decision Not in 
Harmony With Final Results of Administrative Review and Notice of 
Amended Final Results of Administrative Review, 78 FR 58996 
(September 25, 2013) (``Amended Final Results'').

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DATES: Effective Date: June 26, 2015.

FOR FURTHER INFORMATION CONTACT: Brendan Quinn, Office III, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-5848.

SUPPLEMENTARY INFORMATION: Subsequent to the publication of the Final 
Results, CPZ filed a complaint with the CIT challenging the methodology 
used to determine its margin in the Final Results.
    On January 28, 2011, the CIT issued a remand order to the 
Department, instructing it, among other things, to: (1) Redetermine the 
margin for CPZ based on redetermined U.S. prices of CPZ's subject 
merchandise that are calculated according to a method that complies 
with law; and (2) review, reconsider, and redetermine the surrogate 
values for alloy steel wire rod, alloy steel bar, and scrap from the 
production of cages.\4\ On July 1, 2011, the Department issued its 
First Remand Redetermination. On August 2, 2012, the CIT issued its 
decision in CPZ II,\5\ setting aside the Department's First Remand 
Redetermination as contrary to law; and instructing it to prepare a 
second remand redetermination to: (1) Determine the U.S. prices for 
CPZ's subject merchandise according to a lawful method and in 
accordance with the CIT's current and prior opinion and orders in this 
case; and, (2) review, reconsider, and redetermine the surrogate values 
for alloy steel wire rod, alloy steel bar, and scrap from the 
production of cages in accordance with the CIT's prior opinion and 
order in this case. The Department issued its draft remand results on 
September 7, 2012, and its Final Results of Redetermination Pursuant to 
Court Remand on October 2, 2012 (``Second Remand Redetermination''). On 
August 30, 2013, the CIT sustained the Department's Second Remand 
Redetermination (``CPZ III'').\6\ The Department accordingly amended 
its Final Results effective September 9, 2013.\7\
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    \4\ See Peer Bearing Co.--Changshan v. United States, 752 F. 
Supp. 2d 1353 (CIT 2011) (``CPZ I'').
    \5\ See CPZ II.
    \6\ Peer Bearing Co.--Changshan v. United States, Court No. 09-
00052, Slip. Op. 13-116 (CIT 2013) (``CPZ III'')
    \7\ See Amended Final Results.
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    The Timken Company (``Timken''), an intervening domestic bearing 
producer, and petitioner in the underlying investigation, appealed the 
CIT's decision to the CAFC. On September 12, 2014, the CAFC ruled that 
the Department's application of adverse facts available in its First 
Remand Redetermination was supported by substantial evidence.\8\ As a 
consequence, it vacated the CIT's decision in CPZ III and ruled that on 
remand, the CIT should reinstate the Department's application of 
adverse facts available and its calculation of CPZ's margin in its 
First Remand Redetermination.\9\ As noted above, on June 15, 2015, the 
CIT issued its final judgment vacating its decision in CPZ II and re-
instating the Department's First Remand Redetermination.\10\
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    \8\ See Peer Bearing Co.--Changshan v. United States, 766 F.3d 
1396, 1401 (CAFC 2014).
    \9\ Id., at 1401.
    \10\ See CIT's Final Order.
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (``the Act''), the Department

[[Page 42087]]

must publish a notice of a court decision that is not ``in harmony'' 
with a Department determination and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The CIT's June 16, 2015, 
judgment in this case constitutes a final decision of that court that 
is not in harmony with the Department's Amended Final Results. This 
notice is published in fulfillment of the publication requirements of 
Timken.

Amended Final Results

    Because there is now a final court decision with respect to this 
case, the Department is amending the Amended Final Results with respect 
to CPZ's weighted-average dumping margin, effective June 26, 2015. The 
revised dumping margin is as follows:

------------------------------------------------------------------------
                                                                Percent
                           Exporter                              margin
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Peer Bearing Company Changshan (``CPZ'').....................      60.95
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In the event the CIT's ruling is not appealed or, if appealed, upheld 
by the CAFC, the Department will instruct U.S. Customs and Border 
Protection to liquidate entries of subject merchandise based on the 
revised assessment rates calculated by the Department.

Cash Deposit Requirements

    Since the Final Results, in September 2008, CPZ was acquired by AB 
SKF, and the Department determined via a successor-in-interest analysis 
that the post-acquisition, SKF-owned entity, Changshan Peer Bearing was 
not the successor in interest of CPZ.\11\ As a consequence, CPZ no 
longer exists, and its cash deposit rate does not need to be updated as 
a result of these second amended final results.
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    \11\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China: Final Results of 
the 2008-2009 Antidumping Duty Administrative Review, 76 FR 3086 
(January 19, 2011).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e), 751(a)(1), and 777(i)(1) of the Act.

    Dated: July 9, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-17486 Filed 7-15-15; 8:45 am]
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