Notice2022-14563
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
Primary source
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, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Shanghai Tainai Bearing Co., Ltd. (Tainai) has made sales of 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, 2020, through May 31, 2021. The administrative review covers 11 companies; however, based on timely withdrawal of requests for review, we are now rescinding this administrative review with respect to two of these companies. Additionally, we find that Tainai and Zhejiang Jingli Bearing Technology Co., Ltd. (Jingli) have each demonstrated that they are eligible for a separate rate. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 130 (Friday, July 8, 2022)</title>
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[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Notices]
[Pages 40792-40795]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14563]
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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 Partial Rescission of Antidumping Duty Administrative Review; 2020-
2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Shanghai Tainai Bearing Co., Ltd. (Tainai) has made
sales of 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, 2020,
through May 31, 2021. The administrative review covers 11 companies;
however, based on timely withdrawal of requests for review, we are now
rescinding this administrative review with respect to two of these
companies. Additionally, we find that Tainai and Zhejiang Jingli
Bearing Technology Co., Ltd. (Jingli) have each demonstrated that they
are eligible for a separate rate. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable July 8, 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: (202) 482-1959.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2021, 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, 2020, through May 31, 2021, with
respect to 11 companies.\1\
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\1\ See Initiation of Antidumping and Countervailing Duty
Reviews, 86 FR 41821 (August 3, 2021) (Initiation Notice).
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\2\ A
[[Page 40793]]
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 Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2020-2021 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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Partial Rescission
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if all parties who
requested the review withdraw their requests within 90 days of the date
of publication of notice of initiation of the requested review.
Changshan Peer Bearing Co., Ltd. (CPZ) and GGB Bearing Technology
(Suzhou) Co., Ltd. (GGB) timely withdrew their requests for an
administrative review. No other party requested a review of these
companies. Accordingly, we are rescinding this review, in part, with
respect to CPZ and GGB, pursuant to 19 CFR 351.213(d)(1).
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 preliminary results,
see the Preliminary Decision Memorandum.\3\
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\3\ See Preliminary Decision Memorandum at ``Discussion of the
Methodology.''
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China-Wide Entity
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) did not
submit separate rate applications or recertify their eligibility for a
separate rate; therefore, each company has failed to establish their
eligibility for a separate rate as a result of this administrative
review. Commerce preliminarily determines that these companies are not
eligible for a separate rate and are 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 China-wide entity. Because no party requested a review of
the China-wide entity in this review, the China-wide entity is not
under review, and the weighted-average dumping margin determined for
the China-wide entity rate is therefore not subject to change and
continues to be 92.84 percent.\4\
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\4\ 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, 3988-89 (January
22, 2009) (TRBs from China 2009).
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Rate for Non-Examined Companies That Are Eligible for a Separate Rate
Commerce calculated an individual weighted-average dumping margin
for Tainai, the only company individually examined in this
administrative review. 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 36.03 percent applies to Jingli, the only company not
selected for individual examination that is eligible for a separate
rate. 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, 2020, through May
31, 2021:
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Weighted-
average
Exporter dumping
margin
(percent)
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Shanghai Tainai Bearing Co., Ltd............................ 36.03
Zhejiang Jingli Bearing Technology Co., Ltd................. 36.03
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Disclosure
Commerce will disclose calculations performed for these preliminary
results to the representatives of interested parties that have access
to business proprietary information under the Administrative Protective
Order 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
may submit case briefs no later than 30 days after the date of
publication of these preliminary results.\5\ Rebuttals to case briefs
may be filed no later than seven days after case briefs are filed, and
all rebuttal briefs must be limited to comments raised in the case
briefs.\6\ Parties who submit comments are requested to submit with the
argument: (1) a statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\7\
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\5\ See 19 CFR 351.309(c)(1)(ii).
\6\ See 19 CFR 351.309(d); see also 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) (collectively, Temporary Modifications).
\7\ See 19 CFR 351.309(c)(2).
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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
[[Page 40794]]
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.\8\
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\8\ 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 proprietary information, until
further notice.\9\
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\9\ See Temporary Modifications.
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Final Results of Review
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.\10\
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\10\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h).
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Verification
As provided in section 782(i)(3) of the Act, Commerce verified the
information relied upon in making its preliminary results with respect
to Tainai.\11\ Normally, Commerce verifies information using standard
procedures, including an on-site examination of original accounting,
financial, and sales documentation. However, due to travel restrictions
in response to the global COVID-19 pandemic, Commerce was unable to
conduct on-site verification in this review. Accordingly, we issued a
questionnaire in lieu of on-site verification. We intend to rely on
Tainai's response to our verification questionnaire for the final
results.
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\11\ See Tainai's Letter, ``Response to Questionnaire issued in
Lieu of Verification; Part 1,'' dated June 13, 2022; and Tainai's
Letter, ``Response to Questionnaire issued in Lieu of Verification;
Part 2,'' dated June 15, 2022.
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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.\12\ 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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\12\ 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).\13\ 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.\14\ 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.\15\ 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.\16\ Commerce's ``automatic assessment'' practice
will apply to entries of subject merchandise during the POR produced by
Tainai for which it did not know that the merchandise it sold to the
intermediary (e.g., a reseller, trading company, or exporter) was
destined for the United States. In such instances, we will instruct CBP
to liquidate unreviewed entries at the China-wide rate \17\ if there is
no rate for the intermediate company(ies) involved in the
transaction.\18\
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\13\ 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).
\14\ See 19 CFR 351.212(b)(1).
\15\ Id.
\16\ See Final Modification, 77 FR at 8103.
\17\ See TRBs from China 2009.
\18\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the final results, if we continue to treat the C&U Group; C&U
Automotive; C&U Metallurgy; Hebei Xintai; Huangshi C&U; Sichuan C&U;
and XTL as part of China-wide entity, we will instruct CBP to apply an
ad valorem assessment rate of 92.84 percent, the weighted-average
dumping margin previously established for the China-wide entity,\19\ to
all entries of subject merchandise during the POR that were exported by
these companies.
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\19\ 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 Jingli, the company that is receiving a separate rate and was
not individually examined, its assessment rate will be equal to the
weighted-average dumping margin determined in the final results of this
review.
For CPZ and GGB, the companies for which the administrative review
is rescinded, antidumping duties shall be assessed at a rate equal to
the cash deposit of 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).
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 that 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 are currently eligible for a separate
rate, the cash deposit rate will continue to be equal to the exporter-
specific weighted-average dumping margin published for the most
recently
[[Page 40795]]
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, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
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. 2022-14563 Filed 7-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 8, 2022.
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