[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35792-35794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09588]


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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 
Determination of No Shipments and Rescission of Antidumping Duty 
Administrative Review, in Part; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding, in 
part, the administrative review of the antidumping duty (AD) order on 
tapered

[[Page 35793]]

toller bearings and parts thereof, finished and unfinished (TRBs) from 
the People's Republic of China (China) for the period of review (POR) 
June 1, 2022, through May 31, 2023. Further, Commerce preliminarily 
finds that Shanghai Tainai Bearing Co., Ltd. (Tainai) had no shipments 
during the POR.

DATES: Applicable May 2, 2024.

FOR FURTHER INFORMATION CONTACT: Steven Seifert, 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) 482-3350.

SUPPLEMENTARY INFORMATION: 

Background

    On February 26, 1990, Commerce published in the Federal Register 
the AD order on TRBs from China.\1\ On June 1, 2023, Commerce published 
in the Federal Register a notice of opportunity to request an 
administrative review of the Order.\2\ On June 30, 2023, Koyo Bearings 
North America LLC (Koyo, a domestic interested party) submitted a 
timely request that Commerce conduct an administrative review of the 
Order with respect to Tainai, C&U Group Shanghai Bearing Co., Ltd., 
Hangzhou C&U Automotive Bearing Co., Ltd., Hangzhou C&U Metallurgy 
Bearing Co., Ltd., Huangshi C&U Bearing Co., Ltd., and Sichuan C&U 
Bearing Co., Ltd.\3\ Also on June 30, 2023, Tainai submitted a timely 
request that Commerce conduct an administrative review of the Order of 
its entries of subject merchandise during the POR.\4\
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    \1\ See 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 Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 35837 (June 1, 
2023).
    \3\ See Petitioner's Letter, ``Koyo Bearings North America LLC's 
Request for Administrative Review,'' dated June 30, 2023.
    \4\ See Tainai's Letter, ``Request for Review,'' dated June 30, 
2023. On June 30, 2023, Changshan Peer Bearing Co., Ltd. (CPZ, a 
Chinese producer and exporter), requested a review of itself and 
subsequently, timely withdrew its request prior to the publication 
of the Initiation Notice, such that we did not include CPZ in the 
Initiation Notice.
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    On August 3, 2023, Commerce published in the Federal Register a 
notice of initiation of administrative review with respect to entries 
of TRBs from China exported or produced by Tainai, C&U Group Shanghai 
Bearing Co., Ltd., Hangzhou C&U Automotive Bearing Co., Ltd., Hangzhou 
C&U Metallurgy Bearing Co., Ltd., Huangshi C&U Bearing Co., Ltd., and 
Sichuan C&U Bearing Co., Ltd., in accordance with section 751(a) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.221(c)(1)(i).\5\
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    \5\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 51271 (August 3, 2023).
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    On August 3, 2023, we placed on the record U.S. Customs and Border 
Protection (CBP) data for entries of TRBs from China during the POR, 
showing one suspended entry during the POR and invited interested 
parties to comment.\6\ On August 10, 2023, JTEKT Bearings North America 
LLC. (JTEKT, a domestic interested party) submitted comments regarding 
the CBP data.\7\ Tainai timely withdrew its request for a review of 
itself on August 10, 2023 \8\ and on August 24, 2023, timely submitted 
a certification of no shipments.\9\ On February 27, 2024, Commerce 
extended the preliminary results of this review until April 30, 
2024.\10\
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    \6\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Entry Data,'' dated August 3, 2023.
    \7\ See JKEKT's Letter, ``JTEKT Bearings North America LLC's 
Comments on CBP Data Release,'' dated August 10, 2023. JKEKT noted 
that ``Koyo Bearings North America LLC officially changed its legal 
name to JTEKT Bearings North America LLC on April 1, 2023. The entry 
of appearance and APO application filed on behalf of our firm has 
been amended to reflect this change.''
    \8\ See Tainai's Letter, ``Withdraw Request for Review,'' dated 
August 10, 2023.
    \9\ See Tainai's Letter, ``No Shipment Certification,'' dated 
August 24, 2023.
    \10\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated February 
27, 2024.
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    On April 4, 2024, Commerce notified all interested parties of its 
intent to rescind the instant review in full because there were no 
suspended entries of subject merchandise during the POR and invited 
interested parties to comment.\11\ No interested party submitted 
comments to Commerce in response to this notice. Subsequently, on April 
22, 2024, Commerce issued a memorandum \12\ correcting an error in its 
Intent to Rescind Memorandum in which it incorrectly stated that it 
intended to rescind the review in full when it intended to rescind the 
review in part, with respect to five of the six companies listed in the 
Initiation Notice. No party submitted comments regarding the Correction 
to Intent to Rescind Memorandum.
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    \11\ See Memorandum, ``Notice of Intent to Rescind Review,'' 
dated April 4, 2024 (Intent to Rescind Memorandum).
    \12\ See Memorandum, ``Correction on Companies to Rescind 
Regarding Intent to Rescind Memorandum,'' dated April 22, 2024 
(Correction to Intent to Rescind Memorandum).
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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 
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, 
8708.700.6060, 8708.99.2300, 8708.99.27, 8708.99.4100, 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.

Rescission of Review, In Part

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of an AD order when there are no 
suspended entries of subject merchandise during the POR.\13\ Normally, 
upon completion of an administrative review, the suspended entries are 
liquidated at the AD assessment rate calculated for the review 
period.\14\ Therefore, for an administrative review to be conducted, 
there must be a suspended entry that Commerce can instruct CBP to 
liquidate at the AD assessment rate calculated for the review 
period.\15\
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    \13\ See, e.g., Dioctyl Terephthalate from the Republic of 
Korea: Rescission of Antidumping Administrative Review; 2021-2022, 
88 FR 24758 (April 24, 2023); see also Certain Carbon and Alloy 
Steel Cut-to-Length Plate from the Federal Republic of Germany: 
Recission of Antidumping Administrative Review; 2020-2021, 88 FR 
4157 (January 24, 2023).
    \14\ See 19 CFR 351.212(b)(1).
    \15\ See 19 CFR 351.213(d)(3).
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    As noted above, there were no suspended entries of subject 
merchandise for five exporters subject to the review, C&U Group 
Shanghai Bearing Co., Ltd., Hangzhou C&U Automotive Bearing Co., Ltd., 
Hangzhou C&U Metallurgy Bearing Co., Ltd., Huangshi C&U Bearing Co., 
Ltd., and Sichuan C&U Bearing Co., Ltd. during the POR. Accordingly, in 
the absence of suspended entries of subject merchandise during the POR 
for these companies for which this review was initiated, we are hereby 
rescinding this administrative review, in part, with respect to these 
companies, in accordance with 19 CFR 351.213(d)(3).

[[Page 35794]]

Preliminary Determination of No Shipments

    Tanai, an exporter that received a separate rate in a previous 
segment of the proceeding and is subject to this review, reported that 
it had no shipments of subject merchandise during the POR. We requested 
that CBP report any contrary information. CBP reported that an entry 
was made under the CBP 10-digit case number for Tainai, i.e., the 
importer of record entered the shipment pursuant to Tainai's cash 
deposit requirement, but the information for the suspended entry 
identifies a different manufacturer and exporter for that 
merchandise.\16\ Therefore, based on our analysis of information from 
CBP and the certification provided by Tainai, we preliminarily 
determine that Tanai made no shipments of subject merchandise to the 
United States during the POR. Further, consistent with Commerce's 
practice, we find that it is not appropriate to rescind the review with 
respect to Tanai, but rather to complete the review and issue 
appropriate assessment instructions to CBP based on the final results 
of review.\17\
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    \16\ See Memorandum, ``No Shipment Inquiry for Shanghai Tainai 
Bearings Co., Ltd. (A-570-601) during the period 06/01/2022 through 
05/31/2023,'' dated October 18, 2023.
    \17\ See, e.g., Certain Steel Threaded Rod from the People's 
Republic of China: Preliminary Results of the Antidumping Duty 
Administrative Review and Preliminary Determination of No Shipments; 
2018-2019, 84 FR 71900 (December 30, 2019).
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Assessment

    For the companies for which this review is being rescinded, in 
part, Commerce will instruct CBP to assess antidumping duties on all 
appropriate entries. Antidumping duties shall be assessed at rates 
equal to the cash deposit rate for estimated antidumping duties 
required at the time of entry, or withdrawal from warehouse, for 
consumption, in accordance with 19 CFR 351.212(c)(1)(i). With respect 
to the recission of this review, in part, Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of this notice in the Federal Register.
    When Commerce determines that an exporter under review made no 
shipments of subject merchandise during the POR, upon issuing the final 
results, Commerce will instruct CBP to liquidate any suspended entries 
of subject merchandise that entered under that exporter's cash deposit 
requirement, i.e., under the exporter's CBP case number, during the POR 
at the weighted-average dumping margin for the China-wide entity.\18\
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    \18\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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    With respect to Tainai, 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. 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).

Cash Deposit Rates

    As a result of this administrative review, Commerce does not intend 
to revise the cash deposit requirements for estimated antidumping 
duties for entries subject to the Order.

Notification Regarding Administrative Protective Order

    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 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 violation subject 
to sanction.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4) and 
351.221(b)(4).

    Dated: April 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2024-09588 Filed 5-1-24; 8:45 am]
 BILLING CODE 3510-DS-P