[Federal Register Volume 84, Number 38 (Tuesday, February 26, 2019)]
[Notices]
[Pages 6132-6134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03308]


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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; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that GGB 
Bearing Technology (Suzhou) Co., Ltd. (GGB) sold tapered roller 
bearings and parts thereof, finished and unfinished (TRBs) from the 
People's Republic of China (China) at less than normal value (NV) 
during the period of review (POR), June 1, 2016, through May 31, 2017.

DATES: Applicable February 26, 2019.

FOR FURTHER INFORMATION CONTACT: Andrew Medley or Alex Wood, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4987 or (202) 482-1959, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Results on July 12, 2018.\1\ For 
events subsequent to the Preliminary Results, see Commerce's Issues and 
Decision Memorandum.\2\ On August 2, 2018, in accordance with section 
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce 
extended the deadline for issuing the final results until January 8, 
2019.\3\ Commerce exercised its discretion to toll all deadlines 
affected by the partial Federal government closure from December 22, 
2018, through the resumption of operations on January 29, 2019.\4\ If 
the tolled deadline falls on a non-business day, in accordance with 
Commerce's practice, the deadline will become the next business day. 
The revised deadline for the final results is now February 19, 2019.
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    \1\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, from the People's Republic of China: Preliminary Results 
and Intent to Rescind the Review in Part; 2016-2017, 83 FR 32263 
(July 12, 2018) (Preliminary Results) and accompanying Preliminary 
Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Antidumping Duty Administrative Review: Tapered Roller Bearings and 
Parts Thereof, Finished and Unfinished, from the People's Republic 
of China; 2016-2017,'' dated concurrently with, and hereby adopted 
by, this notice (Issues and Decision Memorandum).
    \3\ See Memorandum, ``Tapered Roller Bearings and Parts Thereof, 
Finished and Unfinished, from the People's Republic of China: 
Extension of Deadline for the Final Results of Antidumping Duty 
Administrative {Review{time} ,'' dated October 16, 2018.
    \4\ See Memorandum, ``Deadlines Affected by the Partial Shutdown 
of the Federal Government,'' dated January 28, 2019. All deadlines 
in this segment of the proceeding have been extended by 40 days.
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Scope of the Order

    The merchandise covered by the Order \5\ 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 only; the written description of the scope of the 
order is dispositive.\6\
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    \5\ 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).
    \6\ See Issues and Decision Memorandum for a complete 
description of the scope of the Order.
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Analysis of Comments Received
    In the Issues and Decision Memorandum, we addressed all issues 
raised in parties' case and rebuttal briefs. Appendix I to this notice 
provides a list of the issues raised by parties. 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 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://enforcement.trade.gov/frn/index.html. 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 review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
revisions to the margin calculations for GGB,\7\ and to the rate 
assigned to the non-examined, separate rate respondents.\8\
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    \7\ See Memorandum ``Calculations for GGB Bearing Technology 
(Suzhou) Co., Ltd. for the Final Results,'' dated concurrently with 
this notice.
    \8\ See Issues and Decision Memorandum for a summary of these 
revisions.
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Separate Rate Respondents
    In the Preliminary Results, we determined that GGB and six other 
companies demonstrated their eligibility for separate rates. We 
received no comments or argument since the issuance of the Preliminary 
Results that provide a basis for reconsideration of these 
determinations. Therefore, for these final results, we continue to find 
that each of the companies listed in the

[[Page 6133]]

table in the ``Final Results'' section of this notice is eligible for a 
separate rate.
    Further, we determined in the Preliminary Results that each of 12 
companies failed to demonstrate an absence of de facto government 
control, and, thus, Commerce did not grant them a separate rate.\9\ No 
party provided comments with respect to 10 of the 12 companies, and, 
thus, we continue to find that those 10 companies listed are not 
eligible for separate rates.\10\ Further, we received comments from the 
remaining two companies, Zhejiang Machinery Import & Export Corp. 
(Zhejiang Machinery) and Zhejiang Zhaofeng Mechanical & Electronic Co., 
Ltd. (Zhaofeng) with regards to their separate rate claims. We continue 
to find, based on record evidence, that Zhejiang Machinery failed to 
demonstrate an absence of de facto government control; accordingly, we 
also are not granting a separate rate to Zhejiang Machinery.\11\ With 
respect to Zhaofeng, we have further considered the information on the 
record and find that Zhaofeng has demonstrated the absence of de jure 
and de facto government control, and thus, we are granting Zhaofeng a 
separate rate for these final results.\12\
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    \9\ See Appendix II of this notice for a list of the 11 
companies which Commerce continues to find ineligible for a separate 
rate. Note that this list also includes a twelfth company, Hangzhou 
Xiaoshan Dingli Machinery Co., Ltd. (Dingli), which is discussed 
further below.
    \10\ Id.
    \11\ For further discussion, see Comment 1 of the accompanying 
Issues and Decision Memorandum.
    \12\ For further discussion, see Comment 2 of the accompanying 
Issues and Decision Memorandum.
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    Finally, one additional company, Dingli, could not demonstrate that 
it had a suspended entry during the POR. In the Preliminary Results, we 
erroneously stated that we were rescinding the review with respect to 
Dingli because it failed to provide evidence of a suspended entry 
during the POR. However, rather than rescind the review with respect to 
Dingli, we have determined that it is ineligible for a separate rate, 
and thus is part of the China-wide entity.
Rate for Non-Examined Separate-Rate Respondents
    The statute and our regulations do not address the rate to be 
assigned to respondents not selected for individual examination when we 
limit our examination of companies subject to the administrative review 
pursuant to section 777A(c)(2)(B) of the Act. Generally, we look 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 respondents not individually examined in an 
administrative review. Section 735(c)(5)(A) of the Act articulates a 
preference for not calculating an all-others rate using rates which are 
zero, de minimis, or based entirely on facts available.\13\ 
Accordingly, we generally will determine the weighted-average dumping 
margin for companies not individually examined by weight averaging the 
weighted-average dumping margins for the individually examined 
respondents, excluding rates that are zero, de minimis, or based 
entirely on facts available.\14\
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    \13\ See Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 
52823, 52824 (September 11, 2008), and accompanying Issues and 
Decision Memorandum at Comment 16.
    \14\ See, e.g., Preliminary Determination of Sales at Less Than 
Fair Value and Partial Affirmative Determination of Critical 
Circumstances: Certain Polyester Staple Fiber from the People's 
Republic of China, 71 FR 77373, 77377 (December 26, 2006), unchanged 
in Final Determination of Sales at Less Than Fair Value and Partial 
Affirmative Determination of Critical Circumstances: Certain 
Polyester Staple Fiber from the People's Republic of China, 72 FR 
19690 (April 19, 2007).
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    For the final results, we calculated a rate only for GGB. 
Therefore, for these final results, following the practice described 
above, we have assigned to the companies that have not been 
individually examined, but have demonstrated their eligibility for a 
separate rate, the weighted-average dumping margin calculated for GGB.
Final Results of the Administrative Review
    Because Zhejiang Machinery and 11 other companies did not 
demonstrate that they are entitled to a separate rate, Commerce finds 
these 12 companies (listed in Appendix II of this notice) to be part of 
the China-wide entity.\15\ Because no party requested a review of the 
China-wide entity, and Commerce no longer considers the China-wide 
entity as an exporter conditionally subject to administrative 
reviews,\16\ we did not conduct a review of the China-wide entity. The 
rate previously established for the China-wide entity is 92.84 percent 
and is not subject to change as a result of this review.
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    \15\ In the Preliminary Results, we erroneously stated that we 
preliminarily were rescinding the review with respect to Dingli 
because it failed to provide evidence of a suspended entry during 
the POR. However, rather than rescind the review with respect to 
Dingli, we have determined that it is ineligible for a separate 
rate.
    \16\ 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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    For companies subject to this review, which established their 
eligibility for a separate rate, Commerce determines that the following 
weighted-average dumping margins exist for the period June 1, 2015, 
through May 31, 2016:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
GGB Bearing Technology (Suzhou) Co., Ltd...................         7.04
CNH Industrial Italia SpA..................................         7.04
GSP Automotive Group Wenzhou Co. Ltd.......................         7.04
Hangzhou Hanji Auto Parts Co., Ltd.........................         7.04
Hangzhou Radical Energy-Saving Technology Co., Ltd.........         7.04
Ningbo Xinglun Bearings Import & Export Co., Ltd...........         7.04
Zhejiang Sihe Machine Co., Ltd.............................         7.04
Zhejiang Zhaofeng Mechanical & Electronic Co., Ltd.........         7.04
------------------------------------------------------------------------

Assessment Rates
    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review. Commerce intends to issue assessment 
instructions to CBP 15 days after the date of publication of these 
final results of review.
    For GGB, we calculated importer-specific ad valorem duty 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). Where an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\17\
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    \17\ See 19 CFR 351.106(c)(2).
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    Pursuant to Commerce's assessment practice, for entries that were 
not reported in the U.S. sales data submitted by GGB, we will instruct 
CBP to liquidate such entries at the China-wide rate.\18\
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    \18\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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 weighted-
average dumping margin

[[Page 6134]]

determined for GGB in the final results of this administrative review.
    For the companies identified in Appendix II as part of the China-
wide entity, because Commerce determined that these companies did not 
qualify for a separate rate, we will instruct CBP to assess dumping 
duties on the companies' entries of subject merchandise at the rate of 
92.84 percent.
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; 
(2) for previously investigated or reviewed China and non-China 
exporters not listed above that currently have a separate 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 China 
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 China-wide entity, 92.84 percent; and (4) for all non-China 
exporters of subject merchandise which have not received their own 
separate rate, the cash deposit rate will be the rate applicable to the 
China exporter that supplied that non-China exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
Disclosure
    We intend to disclose the calculations performed to parties in this 
proceeding within five days of the date of publication of this notice, 
in accordance with 19 CFR 351.224(b).
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: February 19, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

Summary
Background
Scope of the Order
Changes Since the Preliminary Results
Discussion of the Issues
    1. Zhejiang Machinery's Separate Rate Status
    2. Zhaofeng's Separate Rate Status
    3. Irrecoverable Value Added Taxes
    4. Alleged Ministerial Error
    5. GGB's ``Supplier Quality Issue'' Parts
    6. TRB Parts from GGB's Suppliers
    7. Rollers from GGB's Suppliers
    8. Surrogate Values for Steel Plate
    9. Surrogate Values for Packing Materials
    10. Surrogate Financial Ratios
Conclusion

Appendix II

Companies Not Eligible for a Separate Rate and To Be Treated as Part of 
the China-Wide Entity

Company

1. Apex Maritime Shanghai Co., Ltd.
2. Crossroads Global Trading Co., Ltd.
3. Hangzhou Xiaoshan Dingli Machinery Co., Ltd.
4. Honour Lane Shipping Ltd.
5. Kinetsu World Express China Co., Ltd.
6. Luoyang Bearing Corporation (Group)
7. Pacific Link Intl Freight Forwarding Co., Ltd.
8. Shanghai Dizhao Industrial Trading Co., Ltd.
9. Thi Group Shanghai Ltd.
10. Weifang Haoxin-Conmet Mechanical Products Co., Ltd.
11. Yantai Huilong Machinery Parts Co., Ltd.
12. Zhejiang Machinery Import & Export Corp.
[FR Doc. 2019-03308 Filed 2-25-19; 8:45 am]
 BILLING CODE 3510-DS-P