[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