Notice2022-00217
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Final Results and Partial Rescission of Review; 2019-2020
Primary source
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Published
January 10, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The 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 (NV) during the period of review (POR), June 1, 2019, through May 31, 2020. Additionally, Commerce determines that it is appropriate to rescind this administrative review of the antidumping duty (AD) order on TRBs from China with respect to BRTEC Wheel Hub Bearing Co., Ltd. (BRTEC) and Zhejiang Jingli Bearing Technology Co. Ltd. (Jingli) because they had no bona fide sales to the United States during the POR. ---------------------------------------------------------------------------
Full Text
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<title>Federal Register, Volume 87 Issue 6 (Monday, January 10, 2022)</title>
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[Federal Register Volume 87, Number 6 (Monday, January 10, 2022)]
[Notices]
[Pages 1120-1122]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00217]
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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 and
Partial Rescission of Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The 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 (NV) during the
period of review (POR), June 1, 2019, through May 31, 2020.
Additionally, Commerce determines that it is appropriate to rescind
this administrative review of the antidumping duty (AD) order on TRBs
from China with respect to BRTEC Wheel Hub Bearing Co., Ltd. (BRTEC)
and Zhejiang Jingli Bearing Technology Co. Ltd. (Jingli) because they
had no bona fide sales to the United States during the POR.
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\19\ Commerce preliminarily determined that T.T. International
Co., Ltd. and T.T. International Co., Limited are a single entity
(collectively, TTI). See Memorandum, ``Affiliation and Single Entity
Status--T.T. International Co., Ltd.,'' dated August 10, 2021. No
party has challenged that finding for the final determination.
Accordingly, we are treating TTI as a single entity for the purposes
of the final determination.
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DATES: Applicable January 10, 2022.
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: at (202) 482-1959.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of the administrative
review of the AD order \1\ on July 8, 2021.\2\ Subsequent to the
Preliminary Results, we received additional information from Tainai, as
well as briefs from the Timken Company, Koyo Bearings North America
LLC; Tainai, and Precision Components, Inc. On October 14, 2021, in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), Commerce extended the deadline for issuing the final
results until January 4, 2022.\3\ For a complete description of the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\4\
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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, 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).
\2\ See 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, 86 FR 36099
(July 8, 2021) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\3\ See Memorandum, ``Extension of Deadline for the Final
Results of Antidumping Duty Administrative,'' dated October 14,
2021.
\4\ See Memorandum, ``Decision Memorandum for the Final Results
of the 2019-2020 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 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="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Partial Rescission of the Review
We received no comments regarding our preliminary findings for
BRTEC or Jingli. Thus, consistent with the Preliminary results, we find
that BRTEC and Jingli did not have bona fide sales during the POR, and,
therefore, we are rescinding this administrative review with respect to
these companies.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested
[[Page 1121]]
parties regarding our Preliminary Results, we made certain revisions to
the margin calculations for Tainai and to the rate assigned to the non-
examined, separate-rate respondents.\5\
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\5\ Id. at Comment 3.
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Non-Examined Separate Rate Respondents
In the Preliminary Results, we determined that Hebei Xintai Bearing
Forging Co., Ltd. (Hebei Xintai) and Xinchang Newsun Xintianlong
Precision Bearing Manufacturing Co., Ltd. (XTL) demonstrated their
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 these determinations. Therefore, for these final
results, we continue to find that Hebei Xintai and XTL are eligible for
a separate rate.
Final Results of the Administrative 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, 2019,
through May 31, 2020:
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Weighted-
average
Exporter dumping margin
(percent)
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Shanghai Tainai Bearing Co., Ltd........................ 538.79
Hebei Xintai Bearing Forging Co., Ltd................... 538.79
Xinchang Newsun Xintianlong Precision Bearing 538.79
Manufacturing Co., Ltd.................................
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Disclosure
Commerce will disclose calculations performed for these final
results to interested parties under Administrative Protective Order
within five days of the date of publication of this notice, in
accordance with 19 CFR 351.224(b).
China-Wide Entity
In the Preliminary Results, we found that C&U Group Shanghai
Bearing Co., Ltd. (C&U Group) did not submit a separate rate
application; therefore, it failed to rebut de facto and de jure control
by the Government of China. We received no comments on this decision
for our final results; thus, we continue to find 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.\6\ 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).\7\
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\6\ 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).
\7\ 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.\8\ 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.\9\ 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).\10\
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\8\ See 19 CFR 351.212(b)(1).
\9\ 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).
\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).
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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.\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.
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\11\ See 19 CFR 351.212(b)(1).
\12\ Id.
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For Hebei Xintai and XTL, we will direct CBP to assess antidumping
duties at a rate equal to the weighted-average dumping margin
determined in the final results of this review.
Commerce determined that C&U Group did not qualify for a separate
rate. Therefore, we will instruct CBP to assess antidumping duties on
C&U Group's entries of subject merchandise at 92.84 percent, the
established weighted-average dumping margin for the China-wide entity.
For BRTEC and Jingli, because Commerce is rescinding this
administrative review for these two companies, we will instruct CBP to
assess antidumping duties on their entries at the cash deposit rate at
the time of entry.
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 China and non-China
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 China
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-China
exporters of subject merchandise which
[[Page 1122]]
have not received their own separate rate, the cash deposit rate will
be the rate applicable to the China exporter that supplied that non-
China exporter.
These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also 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 Orders
This notice also serves as a final reminder to parties subject to
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)(1).
Dated: January 4, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Tainai's Eligibility for a Separate Rate
Comment 2: Application of Adverse Facts Available to Tainai
Comment 3: Surrogate Values for Certain Factors of Production
Comment 4: Surrogate Value for Bearing Steel
Comment 5: Romanian Surrogate Financial Ratios
Comment 6: Applicability of Surrogate Financial Ratios
Comment 7: Deduction of Section 301 Duties
Comment 8: Capping Section 301 Duty Payments
Comment 9: By-Product Offset
Comment 10: Tainai's Weighted-Average Dumping Margin
Comment 11: Exclusion of Precision Components Inc.'s Imports
from the Order
VI. Recommendation
[FR Doc. 2022-00217 Filed 1-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 10, 2022.
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