[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)]
[Notices]
[Pages 79561-79562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32161]


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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 Rescission 
of Antidumping Duty New Shipper Review; 2014-2015

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

DATES: Effective date: December 22, 2015.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, 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-
3874.

SUPPLEMENTARY INFORMATION:

Background

    On June 23, 2015, we received a timely request from Zhejiang 
Changxing CTL Auto Parts Manufacturing Co., Ltd., (Changxing) that the 
Department conduct a new shipper review of the antidumping duty (AD) 
order on tapered roller bearings and parts thereof, finished and 
unfinished (TRBs) from the People's Republic of China (PRC).\1\ On 
August 3, 2015, the Department of Commerce (the Department) found that 
the request for review with respect to Changxing met all of the 
statutory and regulatory requirements for initiating an AD new shipper 
review.\2\
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    \1\ See Changxing's letter to the Department entitled, ``Tapered 
Roller Bearings from the People's Republic of China--Request for New 
Shipper Review,'' dated June 23, 2015.
    \2\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China: Initiation of 
Antidumping Duty New Shipper Reviews, 80 FR 45944 (August 3, 2015).
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    On September 21, 2015, we requested additional information from 
Changxing regarding entries to the United States that may have occurred 
prior to the period of review (POR) and relevant documentation for 
those entries.\3\ However, Changxing did not respond to the 
Department's request. On October 16, 2015, Changxing withdrew its 
request for a new shipper review.\4\
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    \3\ See Memorandum to The File entitled, ``Tapered Roller 
Bearings and Parts Thereof, Finished and Unfinished, From the 
People's Republic of China: New Shipper Review of Zhejiang Changxing 
CTL Auto Parts Manufacturing Co., Ltd.--Telephone Conversation with 
Representative,'' dated September 21, 2015.
    \4\ See Letter from Changxing Re: ``Tapered Roller Bearings from 
the People's Republic of China: Withdrawal of Request for New 
Shipper Review,'' dated October 16, 2015.
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Scope of the Order

    Imports covered by the order are shipments of tapered roller 
bearings and parts thereof, finished and unfinished, from the PRC; 
flange, take up cartridge, and hanger units incorporating tapered 
roller bearings; and tapered roller housings (except pillow blocks) 
incorporating tapered rollers, with or without spindles, whether or not 
for automotive use. These products are currently classifiable under 
Harmonized Tariff Schedule of the United States (HTSUS) item numbers 
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. Although the HTSUS item numbers are provided for 
convenience and customs purposes, the written description of the scope 
of the order is dispositive.

Application of Adverse Facts Available and Preliminary Rescission of 
Review

    Pursuant to 19 CFR 351.214(f)(1), the Department may rescind a new 
shipper review if the party that requested the review withdraws the 
request within 60 days of the date of publication of notice of 
initiation of the requested review. In this case, as noted above, 
Changxing submitted its withdrawal request on October 16, 2015, which 
is after the 60-day withdrawal deadline. Therefore, because the 
withdrawal request was untimely, we are not rescinding this review on 
this basis.
    Nonetheless, information on the record indicates that Changxing may 
have had entries of subject merchandise prior to its declared entry in 
this new shipper review. Changxing failed to respond to the 
Department's September 21, 2015, request for additional information 
regarding these entries, and indeed affirmatively withdrew from this 
proceeding. Because we find that Changxing has withheld information 
requested of it within the meaning of section 776(a)(2)(A) of the 
Tariff Act of 1930, as amended (the Act), we are making a determination 
on the basis of the facts otherwise available. In selecting from among 
the facts available, we find that an adverse inference pursuant to 
section 776(b) of the Act is appropriate due to Changxing's failure to 
act to the best of its ability in responding to the Department's 
request. As adverse facts available, we determine that Changxing had 
additional entries of subject merchandise that were not reported to the 
Department at the time of Changxing's request for a new shipper review.
    Based on the foregoing, we preliminarily find that Changxing does 
not meet the minimum requirements for a new shipper review under 19 CFR 
351.214(b)(2)(iv)(C) in that Changxing's request did not contain 
documentation establishing the date of its first sale to an 
unaffiliated customer in the United States. Because we find that 
Changxing's request for a new shipper review did not satisfy the 
regulatory requirements for initiation of a new shipper review, we are 
preliminarily rescinding the new shipper review of the AD order on TRBs 
from the PRC with respect to Changxing.

[[Page 79562]]

Public Comment

    Interested parties are invited to comment on this preliminary 
rescission and submit written arguments or case briefs within 30 days 
after the publication of this notice in the Federal Register, unless 
otherwise notified by the Department.\5\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed not later than five days 
after the date for filing case briefs.\6\ Parties who submit case or 
rebuttal briefs are requested to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\7\ Case and rebuttal briefs should be filed using 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS), which 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.\8\
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    \5\ See 19 CFR 351.309(c)(1)(ii).
    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
    \8\ See 19 CFR 351.303.
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    Any interested party may request a hearing within 30 days after the 
day of publication of this notice.\9\ 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 issues to be 
discussed.\10\ Issues raised in the hearing will be limited to those 
raised in case briefs. If a request for a hearing is made, parties will 
be notified of the date and time for the hearing to be held at the U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW, 
Washington, DC 20230.\11\
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    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310(d).
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    We intend to issue the final results of this new shipper review, 
including the results of our analysis of issues raised in any case 
briefs, within 90 days after the date on which this preliminary 
rescission is issued, unless the deadline for our final results is 
extended.\12\
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    \12\ See section 751(a)(2)(B)(iv) of the Act; and 19 CFR 
351.214(i).
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Assessment Rates

    As the Department intends to rescind this new shipper review, we 
are not making a determination as to whether Changxing qualifies for a 
separate rate. Therefore, if the Department proceeds to a final 
rescission, Changxing will remain part of the PRC entity and, 
accordingly, its entries covered by this new shipper review will be 
assessed at the PRC-wide rate.

Cash Deposit Requirements

    Effective upon publication of the final rescission of the new 
shipper review of Changxing, the Department will instruct U.S. Customs 
and Border Protection to discontinue the option of posting a bond or 
security in lieu of a cash deposit for entries of subject merchandise 
from Changxing.\13\ Because we did not calculate a dumping margin for 
Changxing or grant Changxing a separate rate in this new shipper 
review, we preliminarily find that Changxing continues to be part of 
the PRC-wide entity. The cash deposit rate for the PRC-wide entity is 
92.84 percent. These cash deposit requirements shall remain in effect 
until further notice.
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    \13\ See section 751(a)(2)(B)(iii) of the Act; 19 CFR 
351.214(e).
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This new shipper review and notice are in accordance with sections 
751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214(f)(3).

    Dated: December 15, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-32161 Filed 12-21-15; 8:45 am]
BILLING CODE 3510-DS-P