[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Notices]
[Pages 41701-41703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17540]
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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
and Intent To Rescind the Review in Part; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminary determines
that it is appropriate to rescind this 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
(China) with respect to three of the four companies involved in this
review because they had no bona fide (i.e., reviewable) sales to the
United States during the period of review (POR), and to find that the
fourth respondent is not eligible for a separate rate. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable August 15, 2019.
FOR FURTHER INFORMATION CONTACT: Alex Wood or Whitley Herndon, 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) 482-1959 or (202) 482-6274,
respectively.
SUPPLEMENTARY INFORMATION:
Background
In August 2018, Commerce published a notice of initiation of an
administrative review covering the POR June 1, 2017 through May 31,
2018, with respect to 14 companies.\1\ In November 2018, as the result
of timely withdrawal requests, we rescinded the review with respect to
10 exporters.\2\ This review covers three mandatory respondents,
Shandong Aokai Bearing Co., Ltd. (Aokai); Taizhou Zson Bearing
Technology Co., Ltd. (Zson); and Zhejiang Jingli Bearing Technology Co.
Ltd. (Jingli), plus one separate rate applicant, Hangzhou Xiaoshan
Dingli Machinery Co., Ltd. (Dingli).
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 39688 (August 10, 2018); see also
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 83 FR 45596, 45603 (September 10, 2018), correcting the
spelling of one company name.
\2\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, from the People's Republic of China: Rescission, in
Part, of Antidumping Duty Administrative Review; 2017-2018, 83 FR
58229 (November 19, 2018).
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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.\3\ The revised
deadline for the preliminary results in this review is now August 9,
2019.
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\3\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
affected by the partial federal government closure have been
extended by 40 days. If the new deadline falls on a non-business
day, in accordance with Commerce's practice, the deadline will
become the next business day.
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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 China;
flange, take up cartridge, and hanger units incorporating tapered
[[Page 41702]]
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.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.\4\ 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
https://access.trade.gov, and to all parties in the Central Records
Unit, Room B8024 of the main Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. 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.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2017-2018 Antidumping Duty Administrative Review of
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished,
from the People's Republic of China,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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China-Wide Entity
Under Commerce's current policy regarding the conditional review of
the China-wide entity, the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity.\5\ Because no party requested a review of the
China-wide entity in this review, the entity is not under review and
the entity's rate is not subject to change (i.e., 92.84 percent).\6\
Because Zson did not respond to the questionnaire, Commerce
preliminarily determines that Zson is not eligible for a separate rate
and is a part of the China-wide entity.
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\5\ 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 (November 4, 2013).
\6\ 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, 3988-89 (January
22, 2009).
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Preliminary Partial Recession of the Antidumping Administrative Review
As discussed in the Bona Fides Memoranda,\7\ Commerce preliminarily
finds the sales made by Aokai, Dingli, and Jingli, which serve as the
basis for our review of these companies, are not bona fide sales.
Commerce reached this conclusion based on the totality of the record
information surrounding Aokai's, Dingli's, and Jingli's reported sales,
including, but not limited to, the sales price and quantity, timing of
the sales, the identity of the U.S. customers and how they purchased
and resold the TRBs in question, and the fact that each exporter made
only one sale during the POR.
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\7\ See Memoranda, ``31st Administrative Review of Tapered
Roller Bearings and Parts Thereof, Finished and Unfinished, from the
People's Republic of China: Analysis of the Bona Fides of Shandong
Aokai Bearing Co., Ltd.'s Sale''; ``31st Administrative Review of
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished,
from the People's Republic of China: Analysis of the Bona Fides of
Hangzhou Xiaoshan Dingli Machinery Co., Ltd.'s Sale''; and ``31st
Administrative Review of Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, from the People's Republic of China:
Analysis of the Bona Fides of Zhejiang Jingli Bearing Technology Co.
Ltd.'s Sale,'' all dated August 9, 2019 (collectively, Bona Fides
Memoranda).
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Because the non-bona fide sales were the only reported sales of
subject merchandise during the POR, we find that Aokai, Dingli, and
Jingli had no reviewable transactions during this POR. Accordingly, we
are preliminarily rescinding this administrative review with respect to
Aokai, Dingli, and Jingli.\8\ Given that the factual information used
in our bona fides analysis of Aokai's, Dingli's, and Jingli's sales
involves business proprietary information, see the Bona Fides Memoranda
for a full discussion of the basis for our preliminary findings.
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\8\ See 19 CFR 351.213(d)(3).
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Disclosure and Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of these preliminary results of
review.\9\ 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.\10\ 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.\11\
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\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d).
\11\ See 19 CFR 351.309(c)(2).
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Any interested party may request a hearing within 30 days of
publication of this notice.\12\ 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.\13\ 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, 1401 Constitution Avenue NW, Washington, DC
20230.\14\
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\12\ See 19 CFR 351.310(c).
\13\ Id.
\14\ 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 5:00 p.m. Eastern Time (ET) on
the due date.\15\ 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 5:00 p.m. ET on the due date.\16\
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\15\ See 19 CFR 351.103(c).
\16\ See 19 CFR 351.303(b); and ``ACCESS Handbook on Electronic
Filing Procedures Enforcement and Compliance International Trade
Administration U.S. Department of Commerce,'' dated October 24,
2017, available at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Commerce 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, no later than 90 days after the date these
preliminary results are issued, pursuant to section 751(a)(2)(B) of the
Act.
Assessment Rates
Upon issuance of the final results of the administrative review,
Commerce will determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this review.\17\ For the final results, if we continue to treat Zson as
part of the China-wide entity, we will instruct CBP to assess dumping
duties
[[Page 41703]]
on Zson's entries of subject merchandise at the rate of 92.84 percent,
the current rate established for the China-wide entity.
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\17\ See 19 CFR 351.212(b)(1).
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If Commerce proceeds to a final rescission of this administrative
review for Aokai, Dingli, and Jingli, their entries will be assessed at
the rate entered. If we do not proceed with a final rescission of this
administrative review for Aokai, Dingli, and Jingli, pursuant to 19 CFR
351.212(b)(1), we will calculate importer-specific assessments rates.
We will instruct CBP to assess antidumping duties on all appropriate
entries covered by this review if the importer-specific assessment rate
calculated in the final results of this review is above de minimis.
We intend to issue assessment instructions to CBP 15 days after the
publication of the final results of these reviews.
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 previously
investigated or reviewed Chinese and non-Chinese exporters not listed
above that have separate rates, the cash deposit rate will continue to
be equal to the exporter-specific weighted-average dumping margin
published for the most recently-completed segment of this proceeding;
(2) for all Chinese exporters of subject merchandise that have not been
found to be entitled to a separate rate, the cash deposit rate will be
the cash deposit rate established for the China-wide entity, 92.84
percent; and (3) for all exporters of subject merchandise which are not
located in China and which are not eligible for a separate rate, the
cash deposit rate will be the rate applicable to the Chinese
exporter(s) that supplied that non-Chinese 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.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(l), 751(a)(2)(B) and 777(i)(l) of
the Act, and 19 CFR 351.221(b)(4).
Dated: August 9, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2019-17540 Filed 8-14-19; 8:45 am]
BILLING CODE 3510-DS-P