[Federal Register Volume 87, Number 6 (Monday, January 10, 2022)]
[Notices]
[Pages 1120-1122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00217]


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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 and 
Partial Rescission of Review; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Shanghai 
Tainai Bearing Co., Ltd. (Tainai) 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, 2019, through May 31, 2020. 
Additionally, Commerce determines that it is appropriate to rescind 
this administrative review of the antidumping duty (AD) order on TRBs 
from China with respect to BRTEC Wheel Hub Bearing Co., Ltd. (BRTEC) 
and Zhejiang Jingli Bearing Technology Co. Ltd. (Jingli) because they 
had no bona fide sales to the United States during the POR.
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    \19\ Commerce preliminarily determined that T.T. International 
Co., Ltd. and T.T. International Co., Limited are a single entity 
(collectively, TTI). See Memorandum, ``Affiliation and Single Entity 
Status--T.T. International Co., Ltd.,'' dated August 10, 2021. No 
party has challenged that finding for the final determination. 
Accordingly, we are treating TTI as a single entity for the purposes 
of the final determination.

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DATES: Applicable January 10, 2022.

FOR FURTHER INFORMATION CONTACT: 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: at (202) 482-1959.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of the administrative 
review of the AD order \1\ on July 8, 2021.\2\ Subsequent to the 
Preliminary Results, we received additional information from Tainai, as 
well as briefs from the Timken Company, Koyo Bearings North America 
LLC; Tainai, and Precision Components, Inc. On October 14, 2021, 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 4, 2022.\3\ For a complete description of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\4\
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    \1\ See 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), as amended, Tapered Roller 
Bearings from the People's Republic of China; Amendment to Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order in Accordance with Decision Upon Remand, 55 FR 6669 (February 
26, 1990).
    \2\ 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; 2019-2020, 86 FR 36099 
(July 8, 2021) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \3\ See Memorandum, ``Extension of Deadline for the Final 
Results of Antidumping Duty Administrative,'' dated October 14, 
2021.
    \4\ See Memorandum, ``Decision Memorandum for the Final Results 
of the 2019-2020 Administrative Review of the Antidumping Duty Order 
on 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 (Issues and 
Decision Memorandum).
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Scope of the Order

    Merchandise covered by the order are tapered roller bearings and 
parts thereof, finished and unfinished, from China; 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.

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues raised by 
interested parties and to which we responded in the Issues and Decision 
Memorandum is provided in the appendix to this notice. 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 http://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Partial Rescission of the Review

    We received no comments regarding our preliminary findings for 
BRTEC or Jingli. Thus, consistent with the Preliminary results, we find 
that BRTEC and Jingli did not have bona fide sales during the POR, and, 
therefore, we are rescinding this administrative review with respect to 
these companies.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested

[[Page 1121]]

parties regarding our Preliminary Results, we made certain revisions to 
the margin calculations for Tainai and to the rate assigned to the non-
examined, separate-rate respondents.\5\
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    \5\ Id. at Comment 3.
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Non-Examined Separate Rate Respondents

    In the Preliminary Results, we determined that Hebei Xintai Bearing 
Forging Co., Ltd. (Hebei Xintai) and Xinchang Newsun Xintianlong 
Precision Bearing Manufacturing Co., Ltd. (XTL) demonstrated their 
eligibility for a separate rate. 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 Hebei Xintai and XTL are eligible for 
a separate rate.

Final Results of the Administrative Review

    For the companies subject to this review that established their 
eligibility for a separate rate, Commerce determines that the following 
weighted-average dumping margins exist for the period June 1, 2019, 
through May 31, 2020:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
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Shanghai Tainai Bearing Co., Ltd........................          538.79
Hebei Xintai Bearing Forging Co., Ltd...................          538.79
Xinchang Newsun Xintianlong Precision Bearing                     538.79
 Manufacturing Co., Ltd.................................
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Disclosure

    Commerce will disclose calculations performed for these final 
results to interested parties under Administrative Protective Order 
within five days of the date of publication of this notice, in 
accordance with 19 CFR 351.224(b).

China-Wide Entity

    In the Preliminary Results, we found that C&U Group Shanghai 
Bearing Co., Ltd. (C&U Group) did not submit a separate rate 
application; therefore, it failed to rebut de facto and de jure control 
by the Government of China. We received no comments on this decision 
for our final results; thus, we continue to find that C&U Group is not 
eligible for a separate rate and is a part of the 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.\6\ 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).\7\
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    \6\ 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).
    \7\ 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, 3989 (January 
22, 2009).
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Assessment Rates

    Commerce will determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries 
covered by this review.\8\ Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of the final results of this review in the Federal 
Register.\9\ If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).\10\
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    \8\ See 19 CFR 351.212(b)(1).
    \9\ See Notice of Discontinuation of Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
    \10\ See Antidumping Proceedings: Calculation of the Weighted 
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification).
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    For Tainai, Commerce will calculate importer-specific assessment 
rates for antidumping duties, in accordance with 19 CFR 351.212(b)(1). 
Where the respondent reported reliable entered values, Commerce intends 
to calculate importer-specific ad valorem assessment rates by 
aggregating the amount of dumping calculated for all U.S. sales to the 
importer and dividing this amount by the total entered value of the 
merchandise sold to the importer.\11\ Where the respondent did not 
report entered values, Commerce will calculate importer-specific 
assessment rates by dividing the amount of dumping for reviewed sales 
to the importer by the total quantity of those sales. Commerce will 
calculate an estimated ad valorem importer-specific assessment rate to 
determine whether the per-unit assessment rate is de minimis; however, 
Commerce will use the per-unit assessment rate where entered values 
were not reported.\12\ Where an importer-specific ad valorem assessment 
rate is not zero or de minimis, Commerce will instruct CBP to collect 
the appropriate duties at the time of liquidation. Where either the 
respondent's weighted average dumping margin is zero or de minimis, or 
an importer-specific ad valorem assessment rate is zero or de minimis, 
Commerce will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.
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    \11\ See 19 CFR 351.212(b)(1).
    \12\ Id.
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    For Hebei Xintai and XTL, we will direct CBP to assess antidumping 
duties at a rate equal to the weighted-average dumping margin 
determined in the final results of this review.
    Commerce determined that C&U Group did not qualify for a separate 
rate. Therefore, we will instruct CBP to assess antidumping duties on 
C&U Group's entries of subject merchandise at 92.84 percent, the 
established weighted-average dumping margin for the China-wide entity.
    For BRTEC and Jingli, because Commerce is rescinding this 
administrative review for these two companies, we will instruct CBP to 
assess antidumping duties on their entries at the cash deposit rate at 
the time of entry.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided 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

[[Page 1122]]

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.

Notification to Importers

    This notice also serves as a final 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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties has occurred and the subsequent assessment of 
double antidumping duties.

Administrative Protective Orders

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act 
and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(1).

    Dated: January 4, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Tainai's Eligibility for a Separate Rate
    Comment 2: Application of Adverse Facts Available to Tainai
    Comment 3: Surrogate Values for Certain Factors of Production
    Comment 4: Surrogate Value for Bearing Steel
    Comment 5: Romanian Surrogate Financial Ratios
    Comment 6: Applicability of Surrogate Financial Ratios
    Comment 7: Deduction of Section 301 Duties
    Comment 8: Capping Section 301 Duty Payments
    Comment 9: By-Product Offset
    Comment 10: Tainai's Weighted-Average Dumping Margin
    Comment 11: Exclusion of Precision Components Inc.'s Imports 
from the Order
VI. Recommendation
[FR Doc. 2022-00217 Filed 1-7-22; 8:45 am]
BILLING CODE 3510-DS-P