[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1359-1361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00303]


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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 
Review; 2020-2021

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

SUMMARY: The U.S. 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 during the period 
of review (POR), June 1, 2020, through May 31, 2021. Additionally, we 
find that Tainai and Zhejiang Jingli Bearing Technology Co., Ltd. 
(Jingli) have each demonstrated that they are eligible for a separate 
rate.

DATES: Applicable January 10, 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.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results \1\ on July 8, 2022.\2\ 
Subsequent to the Preliminary Results, we received briefs from Tainai 
and the Timken Company (the petitioner).\3\ On September 30, 2022, in 
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), Commerce extended the deadline for issuing these

[[Page 1360]]

final results until January 4, 2023.\4\ For a complete description of 
the events that occurred since the Preliminary Results, see the Issues 
and Decision Memorandum.\5\
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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 in 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) (collectively, Order).
    \2\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, from the People's Republic of China: Preliminary Results 
and Partial Rescission of Antidumping Duty Administrative Review; 
2020-2021, 87 FR 40792 (July 8, 2022) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \3\ See Tainai's Letter, ``Case Brief,'' dated August 15, 2022; 
and Petitioner's Letter, ``Rebuttal Brief,'' dated August 23, 2022.
    \4\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated September 30, 2022.
    \5\ See Memorandum, ``Decision Memorandum for the Final Results 
of the 2020-2021 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 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. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties regarding our Preliminary Results, we made no 
changes to the margin calculations for Tainai or the rate assigned to 
the non-examined, separate-rate respondent.\6\
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    \6\ Id.
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Non-Examined Separate Rate Respondent

    In the Preliminary Results, we determined that Jingli demonstrated 
its 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 this determination. Therefore, for these 
final results, we continue to find that Jingli is eligible for a 
separate rate.

Final Results of 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, 2020, 
through May 31, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Shanghai Tainai Bearing Co., Ltd............................       36.03
Zhejiang Jingli Bearing Technology Co., Ltd.................       36.03
------------------------------------------------------------------------

Disclosure

    Normally, Commerce will disclose the calculations performed in 
connection with the final results of review within five days of the 
date of publication of the final results in the Federal Register, in 
accordance with 19 CFR 351.224(b). However, because Commerce made no 
adjustments to the margin calculation methodology used in the 
Preliminary Results, there are no calculations to disclose for these 
final results.

China-Wide Entity

    In the Preliminary Results, we found that C&U Group Shanghai 
Bearing Co., Ltd. (C&U Group); Hangzhou C&U Automotive Bearing Co., 
Ltd. (C&U Automotive); Hangzhou C&U Metallurgy Bearing Co., Ltd. (C&U 
Metallurgy); Hebei Xintai Bearing Forging Co., Ltd. (Hebei Xintai); 
Huangshi C&U Bearing Co., Ltd. (Huangshi C&U); Sichuan C&U Bearing Co., 
Ltd. (Sichuan C&U); and Xinchang Newsun Xintianlong Precision Bearing 
Manufacturing Co., Ltd. (XTL) failed to rebut de facto and de jure 
control by the Government of China.\7\ We received no comments on this 
decision for these final results. Accordingly, we continue to find that 
C&U Group, C&U Automotive, C&U Metallurgy, Hebei Xintai, Huangshi C&U, 
Sichuan C&U, and XTL are not eligible for a separate rate and are, 
therefore, part of the China-wide entity.
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    \7\ See Preliminary Results PDM at 10-11.
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    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.\8\ 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).\9\
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    \8\ 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).
    \9\ 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.\10\ 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.\11\ 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).\12\
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    \10\ See 19 CFR 351.212(b)(1).
    \11\ 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).
    \12\ 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).
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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.\13\ Where the respondent did not 
report entered values, Commerce will calculate importer-specific

[[Page 1361]]

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.\14\ 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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    \13\ See 19 CFR 351.212(b)(1).
    \14\ Id.
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    For Jingli, we will direct CBP to assess antidumping duties at a 
rate equal to the weighted-average dumping margin determined in these 
final results.
    Commerce determined that C&U Group, C&U Automotive, C&U Metallurgy, 
Hebei Xintai, Huangshi C&U, Sichuan C&U, and XTL did not qualify for a 
separate rate. Therefore, we will instruct CBP to assess antidumping 
duties on these entities' entries of subject merchandise at 92.84 
percent, the established weighted-average dumping margin for the China-
wide entity.

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 Chinese and non-Chinese 
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 Chinese 
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-Chinese 
exporters of subject merchandise that have not received their own 
separate rate, the cash deposit rate will be the rate applicable to the 
Chinese exporter that supplied that non-Chinese exporter.
    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice 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 Order

    This notice also serves as a final reminder to parties subject to 
an 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)(2).

    Dated: January 4, 2023.
Lisa W. Wang,
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. Discussion of the Issues
    Comment 1: Application of Partial Adverse Facts Available (AFA) 
to Tainai
    Comment 2: Romanian Surrogate Financial Ratios
    Comment 3: Applicability of Surrogate Financial Ratios
    Comment 4: Deduction of Section 301 Duties
    Comment 5: Capping Section 301 Duty Payments
    Comment 6: By-Product Offset
V. Recommendation

[FR Doc. 2023-00303 Filed 1-9-23; 8:45 am]
BILLING CODE 3510-DS-P