Notice2021-14559
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
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 8, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that certain companies under review 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, we preliminarily determine that certain companies did not make a bona fide sale of TRBs from China during the POR and preliminary intend to rescind the review with respect to these companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 128 (Thursday, July 8, 2021)</title>
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[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Pages 36099-36101]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14559]
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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 Results
and Intent To Rescind the Review, in Part; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain companies under review 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, we preliminarily determine that certain companies did not
make a bona fide sale of TRBs from China during the POR and preliminary
intend to rescind the review with respect to these companies.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable July 8, 2021.
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: (202) 482-1959.
SUPPLEMENTARY INFORMATION:
Background
On August 6, 2020, Commerce published a notice of initiation of an
administrative review of the antidumping duty (AD) order on TRBs from
China covering the period June 1, 2019, through May 31, 2020, with
respect to 10 companies.\1\ In November 2020, following timely
withdrawal of their requests for review, we rescinded the review with
respect to four companies.\2\ This review now covers BRTEC Wheel Hub
Bearing Co., Ltd. (BRTEC); C&U Group Shanghai Bearing Co., Ltd. (C&U
Group); Hebei Xintai Bearing Forging Co., Ltd. (Hebei Xintai); Shanghai
Tainai Bearing Co., Ltd., (Tainai); Xinchang Newsun Xintianlong
Precision Bearing Manufacturing Co., Ltd. (XTL); and Zhejiang Jingli
Bearing Technology Co. Ltd. (Jingli).
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\1\ See Initiation of Antidumping and Countervailing Duty
Reviews, 85 FR 47731 (August 6, 2020) (Initiation Notice); see also
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 85 FR 54983, 54990 (September 3, 2020) (Initiation Notice
Correction), correcting the Initiation Notice.
\2\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, from the People's Republic of China: Rescission, in
Part, of Antidumping Duty Administrative Review; 2019-2020, 85 FR
76527 (November 30, 2020).
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\3\ A list of topics discussed in the Preliminary Decision
Memorandum is included in the appendix to this notice. The Preliminary
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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary
[[Page 36100]]
Decision Memorandum can be accessed directly at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2019-2020 Antidumping Duty Administrative Review of
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 (Preliminary Decision 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) subheadings
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 subheadings are provided for
convenience and customs purposes, the written description of the scope
of the order is dispositive.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.\4\
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\4\ See Preliminary Decision Memorandum at ``Discussion of the
Methodology.''
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China-Wide Entity
The C&U Group did not submit a separate rate application;
therefore, it has failed to rebut de facto and de jure control by the
Government of China. Commerce preliminarily determines 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. 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).
Preliminary Partial Recession of the AD Administrative Review
As discussed in the Bona Fides Analysis Memoranda,\5\ Commerce
preliminarily finds that the sales made by BRTEC and Jingli, which
serve as the basis for our review of these companies, are not bona fide
sales. Commerce reached this conclusion based on the totality of the
circumstances surrounding the reported sales. Further, given that the
factual information used in our bona fides analysis of BRTEC's and
Jingli's sales involves business proprietary information, see the Bona
Fides Memoranda for a full discussion of the basis for our preliminary
findings.
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\5\ See Memorandum, ``Analysis of the Bona Fides of BRTEC Wheel
Hub Bearing Co., Ltd.'s Sale,'' dated concurrently with, and hereby
adopted by, this notice; and Memorandum, ``Analysis of the Bona
Fides of Zhejiang Jingli Bearing Technology Co. Ltd.'s Sale,'' dated
concurrently with, and hereby adopted by, this notice (collectively,
Bona Fides Memoranda).
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Rate for Non-Examined Companies That Are Eligible for a Separate Rate
Commerce calculated an individual estimated weighted-average
dumping margin for Tainai, the only individually examined exporter/
producer in this investigation. Because the only individually
calculated weighted-average dumping margin is not zero, de minimis, or
based entirely on facts otherwise available, the weighted-average
dumping margin calculated for Tainai is the basis to determine the
weighted-average dumping margin for the separate rate, non-examined
companies, consistent with section 735(c)(5)(A) of the Act which
provides for the determination of the estimated weighted-average
dumping margin for all other producers and exporters in an
investigation.
As indicated in the ``Preliminary Results of Review'' section
below, we preliminarily determine that a weighted-average dumping
margin of 36.75 percent applies to the two companies not selected for
individual examination which are eligible for a separate rate (i.e.,
Hebei Xintai and XTL). For further information, see the Preliminary
Decision Memorandum at ``Weighted-Average Dumping Margin for the
Separate Rate Companies.''
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period June 1, 2019, through May
31, 2020:
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Weighted-
average
Exporter dumping
margin
(percent)
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Shanghai Tainai Bearing Co., Ltd............................ 36.75
Hebei Xintai Bearing Forging Co., Ltd....................... 36.75
Xinchang Newsun Xintianlong Precision Bearing Manufacturing 36.75
Co., Ltd...................................................
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Disclosure
Commerce will disclose calculations performed for these preliminary
results to the parties within five days of the date of publication of
this notice in accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Interested parties
will be notified of the deadlines for the submission of case briefs and
written comments at a later date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than seven days after
the deadline date for case briefs.\6\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case briefs or rebuttal briefs in this
administrative review 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.
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\6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, and a list of the 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.\7\
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\7\ See 19 CFR 351.310(d).
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All submissions must be filed electronically using ACCESS. An
electronically filed document must be received successfully in its
entirety by 5:00 p.m. Eastern Time on the established due date. Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business
[[Page 36101]]
proprietary information, until further notice.\8\
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\8\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020); and 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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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of all issues raised in the case briefs, within 120
days after the date of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of the administrative review,
Commerce will determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this review.\9\ Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after 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).
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\9\ See 19 CFR 351.212(b)(1).
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For each individually examined respondent in this review whose
weighted-average dumping margin in the final results of review is not
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to
calculate importer-specific assessment rates for antidumping duties, in
accordance with 19 CFR 351.212(b)(1).\10\ 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.\13\
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\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).
\11\ See 19 CFR 351.212(b)(1).
\12\ Id.
\13\ See Final Modification, 77 FR at 8103.
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For the final results, if we continue to treat the C&U Group as
part of China-wide entity, we will instruct CBP to apply an ad valorem
assessment rate of 92.84 percent, the rate previously established for
the China-wide entity,\14\ to all entries of subject merchandise during
the POR that were exported or produced by the C&U Group.
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\14\ 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 (January 22,
2009).
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For the companies which are receiving a separate rate and which
were not individually examined, their assessment rate will be equal to
the weighted-average dumping margin determined in the final results of
this review.
For BRTEC and Jingli, if the review is rescinded for these two
companies, then Commerce will instruct CBP to liquidate, as entered,
the entries associated with these two companies. In accordance with
section 751(a)(2)(C) of the Act, the final results of this review shall
be the basis for the assessment of antidumping duties on entries of
merchandise covered by the final results of this review and for future
deposits of estimated antidumping duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters
listed above which have a separate rate the cash deposit rate will be
equal to the weighted-average dumping margin established in the final
results of this review (except, if the rate is zero or de minimis, then
a cash deposit rate of zero will be established for that company); (2)
for previously investigated or reviewed Chinese and non-Chinese
exporters not listed above that have separate rates, the cash deposit
rate will continue to be equal to the exporter-specific weighted-
average dumping margin published for the most recently completed
segment of this proceeding; (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 cash deposit rate established for the
China-wide entity, 92.84 percent; and (4) for all exporters of subject
merchandise that are not located in China and that are not eligible for
a separate rate, the cash deposit rate will be the rate applicable to
the Chinese exporter(s) that supplied that non-Chinese exporter. These
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(l), 751(a)(2)(B), and 777(i)(l) of
the Act, and 19 CFR 351.221(b)(4).
Dated: June 30, 2021.
Christian Marsh,
Acting 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. Discussion of the Methodology
V. Recommendation
[FR Doc. 2021-14559 Filed 7-7-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 8, 2021.
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