[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
[Notices]
[Pages 4844-4846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00827]


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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 
Antidumping Duty Administrative Review, and Rescission of New Shipper 
Review; 2014-2015

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

SUMMARY: On July 14, 2016, the Department of Commerce (Department) 
published the preliminary results of the 28th administrative and new 
shipper reviews 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 period of review (POR) is June 1, 
2014, through May 31, 2015. After analyzing the comments received, we 
made no changes to the margin calculations in the administrative review 
and we are rescinding the new shipper review (NSR). The final weighted-
average dumping margins for the reviewed firms are listed below in the 
section entitled ``Final Results of the Review.''

DATES: Effective January 17, 2017.

FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or Manuel Rey, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-6345 or (202) 482-5518, respectively.

Background

    These final results of administrative review cover four exporters 
of the subject merchandise, Changshan Peer Bearing Co. Ltd. (CPZ/SKF), 
Haining Nice Flourish Auto Parts Co., Ltd. (Nice Flourish), Roci 
International (HK) Limited (Roci), and Yantai CMC Bearing Co., Ltd. 
(Yantai CMC). The Department selected CPZ/SKF and Yantai CMC as 
mandatory respondents for individual examination; however, we 
subsequently found that Yantai CMC does not qualify for a separate 
rate. The NSR covers Shandong Bolong Bearing Co., Ltd. (Bolong).
    On July 14, 2016, the Department published the Preliminary 
Results.\1\ In the Preliminary Results, we found that Bolong's sale to 
the United States is not bona fide, as required by section 
751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the Act), and, 
therefore, we indicated that we intended to rescind the NSR.
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    \1\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China: Preliminary 
Results, Partial Rescission of Antidumping Duty Administrative 
Review, and Preliminary Rescission of New Shipper Review; 2014-2015, 
81 FR 45455 (July 14, 2016) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
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    In August 2016, we received case briefs from the Timken Company 
(the petitioner), Bolong and Yantai CMC. In September 2016, we received 
rebuttal briefs from the petitioner and CPZ/SKF. In October 2016, the 
Department held a public hearing in the administrative review at the 
request of the petitioner.
    In November 2016, the Department extended the deadline for the 
final results by 60 days to January 10, 2017.\2\
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    \2\ See Memorandum from Manuel Rey, International Trade 
Compliance Analyst, Office II, Antidumping and Countervailing Duty 
Operations, to Christian Marsh, Deputy Assistant Secretary for AD/
CVD Operations, entitled, ``Tapered Roller Bearings and Parts 
Thereof, Finished or Unfinished, From the People's Republic of 
China: Extension of Deadline for the Final Results of Antidumping 
Duty Administrative, Changed Circumstances, and New Shipper 
Reviews,'' dated November 1, 2016.
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    The Department conducted this review in accordance with section 751 
of the Act.

Scope of the Order \3\
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    \3\ 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) (Order).
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    The merchandise covered by the order includes tapered roller 
bearings and parts thereof. 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

[[Page 4845]]

only; the written description of the scope of the order is 
dispositive.\4\
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    \4\ For a complete description of the scope of the order, see 
the ``Issues and Decision Memorandum for the Antidumping Duty 
Administrative Review (2014-2015): Tapered Roller Bearings and Parts 
Thereof, Finished and Unfinished, from the People's Republic of 
China,'' from Gary Taverman, Associate Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Antidumping and Countervialing Duty 
Operations, dated concurrently with, and adopted by, this notice 
(Issues and Decision Memo).
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Separate Rates

    In the Preliminary Results, we found that evidence provided by CPZ/
SKF, Nice Flourish, and Roci 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.\5\ We received no 
information since the issuance of the Preliminary Results that provides 
a basis for reconsidering these determinations. Therefore, for the 
final results, we continue to find that CPZ/SKF, Nice Flourish, and 
Roci are eligible for separate rates.
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    \5\ Id., at 2-5.
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    With respect to Yantai CMC, however, we determined in the 
Preliminary Results that this company failed to demonstrate an absence 
of de facto government control, and, thus, the Department did not grant 
Yantai CMC a separate rate. For these final results, we continue to 
find, based on record evidence, that Yantai CMC failed to demonstrate 
an absence of de facto government control. Accordingly, we are not 
granting Yantai CMC a separate rate. For further discussion of this 
issue, see Comments 2 through 5 of the accompanying Issues and Decision 
Memorandum.

Weighted-Average Dumping Margin for the Non-Examined, Separate-Rate 
Companies

    In accordance with the U.S. Court of Appeals for the Federal 
Circuit's decision in Albemarle Corp. v. United States, we are applying 
to the exporters subject to this review that are determined to be 
eligible for a separate rate, but are not selected as individually 
examined respondents, the rate calculated for the mandatory respondent, 
CPZ/SKF, which is de minimis.\6\
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    \6\ See, Albemarle Corp. & Subsidiaries v. United States, 821 
F.3d 1345 (Fed. Cir. 2016).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review and new shipper review are addressed in the 
Issues and Decision Memorandum. 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 
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 https://access.trade.gov, and it is available to 
all parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly at http://trade.gov/enforcement. The signed Issues and Decision Memorandum and 
the electronic version of the Issues and Decision Memorandum are 
identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made no changes 
in the margin calculation for CPZ/SKF.

Rescission of New Shipper Review

    For the reasons explained in the Issues and Decision Memorandum, 
the Department continues to find that Bolong's sale is non-bona fide. 
Because the non-bona fide sale was the only reported sale of subject 
merchandise during the POR, and thus there are no reviewable 
transactions, the Department is rescinding the NSR.

Period of Review

    The POR is June 1, 2014, through May 31, 2015.

Final Results of the Administrative Review

    Because Yantai CMC did not demonstrate that it is entitled to a 
separate rate, the Department finds Yantai CMC to be part of the PRC-
wide entity. No party requested a review of the PRC-wide entity. 
Therefore, we did not conduct a review of the PRC-wide entity and the 
entity's rate is not subject to change.\7\ The rate previously 
established for the PRC-wide entity is 92.84 percent.
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    \7\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
(NME) in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 
(November 4, 2013).
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    Additionally, we are assigning the following weighted-average 
dumping margins to the firms listed below for the period June 1, 2014, 
through May 31, 2015:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporters                             dumping
                                                                margin
                                                               (percent)
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Changshan Peer Bearing Co., Ltd.............................        0.00
Haining Nice Flourish Auto Parts Co., Ltd *.................        0.00
Roci International (HK) Limited *...........................        0.00
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* This company demonstrated eligibility for a separate rate in this
  administrative review.

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, where applicable, in accordance with 
the final results of this review. The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
these final results of review.
    Pursuant to the Final Modification for Reviews,\8\ because the 
above-listed respondents' weighted-average dumping margins are zero, we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties.\9\
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    \8\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification for Reviews).
    \9\ Id., 77 FR at 8102.
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    For Yantai CMC, because the Department determined that this company 
did not qualify for a separate rate, we will instruct CBP to assess 
dumping duties on the company's entries of subject merchandise at the 
rate of 92.84 percent.
    For Bolong, because the Department rescinded the NSR, the 
Department will instruct CBP to discontinue the option of posting a 
bond or security in lieu of a cash deposit for entries of subject 
merchandise from Bolong. Bolong continues to be part of the PRC-wide 
entity and, therefore, we also will instruct CBP to assess dumping 
duties on the company's entries of subject merchandise at the rate of 
92.84 percent.
    For entries that were not reported in the U.S. sales database 
submitted by an exporter individually examined during this review, the 
Department will

[[Page 4846]]

instruct CBP to liquidate such entries at the PRC-wide rate.

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, 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 currently 
have separate a rate, the cash deposit rate will continue to be the 
exporter-specific rate published for the most recently completed 
segment of this proceeding where the exporter received that separate 
rate; (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 separate rate, the cash deposit rate will be the rate 
applicable to the PRC exporter that supplied that non-PRC exporter.
    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notifications 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.

Notifications 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.

    Dated: January 10, 2017.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

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

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issues
    a. Surrogate Value for Truck Freight
    b. The Department Should Grant Yantai CMC a Separate Rate
    c. The Denial of Separate Rate Status for Yantai CMC Is Not 
Supported by Record Evidence
    d. The Rate Assigned to Yantai CMC
    e. The Department's Separate Rates Test and the Rate Assigned to 
Yantai CMC Are Inconsistent With the WTO Agreements
    f. The Department Should Continue the NSR and Calculate a Margin 
for the Final
5. Conclusion
[FR Doc. 2017-00827 Filed 1-13-17; 8:45 am]
BILLING CODE 3510-DS-P