[Federal Register Volume 88, Number 1 (Tuesday, January 3, 2023)]
[Notices]
[Pages 49-50]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28531]


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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: Notice of Initiation 
and Preliminary Results of Antidumping Duty Changed Circumstances 
Review

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

SUMMARY: The U.S. Department of Commerce (Commerce) is initiating a 
changed circumstances review (CCR) to determine if Stemco Vehicle 
Technology (Suzhou) Co., Ltd. (Stemco) is the successor-in-interest to 
GGB Bearing Technology (Suzhou) Co., Ltd. (GGB) in the context of the 
antidumping duty (AD) order on tapered roller bearings and parts 
thereof, finished and unfinished (TRBs) from the People's Republic of 
China (China). We preliminarily determine that Stemco is the successor-
in-interest to GGB.

DATES: Applicable January 3, 2023.

FOR FURTHER INFORMATION CONTACT: Alex Wood or Andrew Hart 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) 482-1058, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 15, 1987, Commerce published in the Federal Register the AD 
order on TRBs from China.\1\ On November 14, 2022, Stemco requested 
that Commerce conduct an expedited changed circumstances review, 
pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), 19 CFR 351.216, and 19 CFR 351.221(c)(3), to confirm that 
Stemco is the successor-in-interest to GGB for the purposes of 
determining AD cash deposits and liabilities.\2\ In its submission, 
Stemco notes that, in 2022, the Timken Company (the petitioner) 
purchased GGB's main business but transferred the TRBs production and 
selling division to Stemco.\3\
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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 by 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) (Order).
    \2\ See Stemco's Letter, ``Stemco's Request for a Changed 
Circumstances Review in Tapered Roller Bearings from the People's 
Republic of China, Case No. A-570-601,'' dated November 14, 2022 
(CCR Request).
    \3\ Id. at 4.
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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.

Initiation and Preliminary Results of CCR

    Pursuant to section 751(b)(1) of the Act, Commerce will conduct a 
CCR upon receipt of information concerning or a request from an 
interested party for a review of an AD order that shows changed 
circumstances sufficient to warrant a review of the order. The 
information Stemco submitted supporting its claim that it is the 
successor-in-interest to GGB demonstrates changed circumstances 
sufficient to warrant such a review.\4\ Therefore, in accordance with 
section 751(b)(1)(A) of the Act and 19 CFR 351.216(d) and (e), we are 
initiating a CCR based upon the information contained in Stemco's 
submission.
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    \4\ See 19 CFR 351.216(d).
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    Section 351.221(c)(3)(ii) of Commerce's regulations permits 
Commerce to combine the notice of initiation of a CCR and the notice of 
preliminary results if Commerce concludes that expedited action is 
warranted.\5\ In this instance, because the record contains information 
necessary to make a preliminary finding, we find that expedited action 
is warranted and have combined the notice of initiation and the notice 
of preliminary results.\6\
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    \5\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from 
Italy: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015) 
(Pasta from Italy Preliminary Results), unchanged in Certain Pasta 
from Italy: Final Results of Changed Circumstances Review, 80 FR 
48807 (August 14, 2015) (Pasta from Italy Final Results).
    \6\ See, e.g., Pasta from Italy Preliminary Results, 80 FR 
33480-41, unchanged in Pasta from Italy Final Results, 80 FR 48807.
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    In this CCR, pursuant to section 751(b) of the Act, Commerce 
conducted a successor-in-interest analysis. In making a successor-in-
interest determination, Commerce examines several factors, including, 
but not limited to, changes in the following: (1) management; (2) 
production facilities; (3) supplier relationships; and (4) customer 
base.\7\ While no single factor or combination of factors will 
necessarily provide a dispositive indication of a successor-in-interest 
relationship, Commerce generally will consider the new company to be 
the successor to the previous company if the new company's resulting 
operation is not materially dissimilar to that of its predecessor.\8\ 
Thus, if the record evidence demonstrates that, with respect to the 
production and sale of the subject merchandise, the new company 
operates as the same business entity as the predecessor company, 
Commerce may assign the new company the cash deposit rate of its 
predecessor.\9\
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    \7\ See, e.g., Ball Bearings and Parts Thereof from France: 
Final Results of Changed--Circumstances Review, 75 FR 34688 (June 
18, 2010), and accompanying Issues and Decision Memorandum at 
Comment 1; and Certain Frozen Warmwater Shrimp from India: 
Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review, 81 FR 75376 (October 31, 2016) (Shrimp from 
India Preliminary Results), unchanged in Certain Frozen Warmwater 
Shrimp from India: Notice of Final Results of Antidumping Duty 
Changed Circumstances Review, 81 FR 90774 (December 15, 2016) 
(Shrimp from India Final Results).
    \8\ See, e.g., Shrimp from India Preliminary Results, 81 FR 
75377, unchanged in Shrimp from India Final Results, 81 FR 90774.
    \9\ Id.; see also Notice of Final Results of Changed 
Circumstances Antidumping Duty Administrative Review: 
Polychloroprene Rubber from Japan, 67 FR 58, 59 (January 2, 2002); 
Ball Bearings and Parts Thereof from France: Final Results of 
Changed-Circumstances Review, 75 FR 34688, 34689 (June 18, 2010); 
and Circular Welded Non-Alloy Steel Pipe from the Republic of Korea; 
Preliminary Results of Antidumping Duty Changed Circumstances 
Review, 63 FR 14679 (March 26, 1998), unchanged in Circular Welded 
Non-Alloy Steel Pipe from Korea; Final Results of Antidumping Duty 
Changed Circumstances Review, 63 FR 20572 (April 27, 1998) (in which 
Commerce found that a company which only changed its name and did 
not change its operations is a successor-in-interest to the company 
before it changed its name).

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[[Page 50]]

    In accordance with 19 CFR 351.216, we preliminarily determine that 
Stemco is the successor-in-interest to GGB. Record evidence that Stemco 
submitted indicates that it operates as essentially the same business 
entity as GGB with respect to the subject merchandise.\10\
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    \10\ See CCR Request.
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    For our complete successor-in-interest analysis, see the 
Preliminary Decision Memorandum.\11\ A list of the topics discussed in 
the Preliminary Decision Memorandum is included as the appendix to this 
notice. The Preliminary Decision Memorandum is a public document and 
made available to the public 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. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \11\ See Memorandum, ``Initiation and Preliminary Results of 
Changed Circumstances Review,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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    Commerce will issue its final results of the review in accordance 
with the time limits set forth in 19 CFR 351.216(e).

Public Comment

    In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may 
submit case briefs not later than 30 days after the date of publication 
of this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than seven days after the case briefs, in 
accordance with 19 CFR 351.309(d). Parties who submit case or rebuttal 
briefs are encouraged to submit with each argument: (1) a statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\12\ All comments are to be filed electronically using 
ACCESS. An electronically filed document must be received successfully 
in its entirety by ACCESS by 5:00 p.m. Eastern Time on the established 
deadline.\13\ Note that Commerce has temporarily modified certain of 
its requirements for serving documents containing business proprietary 
information, until further notice.\14\
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    \12\ See 19 CFR 351.309(c)(2).
    \13\ See 19 CFR 351.303(b).
    \14\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to Covid-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request via ACCESS within 30 
days of publication of this notice. Hearing requests should contain: 
(1) the party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Oral 
presentations at the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing, in accordance with 19 CFR 
351.310(d).
    Consistent with 19 CFR 351.216(e), we will issue the final results 
of this CCR no later than 270 days after the date on which this review 
was initiated, or within 45 days if all parties agree to our 
preliminary finding.
    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Act and 351.221(b) and 351.221(c)(3).

    Dated: December 27, 2022.
Lisa W. Wang,
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. Initiation and Preliminary Results of Changed Circumstances 
Review
V. Successor-in-Interest Determination
VI. Recommendation

[FR Doc. 2022-28531 Filed 12-30-22; 8:45 am]
BILLING CODE 3510-DS-P