Notice2022-28531
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review
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
January 3, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) to determine if Stemco Vehicle Technology (Suzhou) Co., Ltd. (Stemco) is the successor-in-interest to GGB Bearing Technology (Suzhou) Co., Ltd. (GGB) in the context of the antidumping duty (AD) order on tapered roller bearings and parts thereof, finished and unfinished (TRBs) from the People's Republic of China (China). We preliminarily determine that Stemco is the successor- in-interest to GGB.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 1 (Tuesday, January 3, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 1 (Tuesday, January 3, 2023)]
[Notices]
[Pages 49-50]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28531]
-----------------------------------------------------------------------
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: Notice of Initiation
and Preliminary Results of Antidumping Duty Changed Circumstances
Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is initiating a
changed circumstances review (CCR) to determine if Stemco Vehicle
Technology (Suzhou) Co., Ltd. (Stemco) is the successor-in-interest to
GGB Bearing Technology (Suzhou) Co., Ltd. (GGB) in the context of the
antidumping duty (AD) order on tapered roller bearings and parts
thereof, finished and unfinished (TRBs) from the People's Republic of
China (China). We preliminarily determine that Stemco is the successor-
in-interest to GGB.
DATES: Applicable January 3, 2023.
FOR FURTHER INFORMATION CONTACT: Alex Wood or Andrew Hart 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 or (202) 482-1058,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 15, 1987, Commerce published in the Federal Register the AD
order on TRBs from China.\1\ On November 14, 2022, Stemco requested
that Commerce conduct an expedited changed circumstances review,
pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), 19 CFR 351.216, and 19 CFR 351.221(c)(3), to confirm that
Stemco is the successor-in-interest to GGB for the purposes of
determining AD cash deposits and liabilities.\2\ In its submission,
Stemco notes that, in 2022, the Timken Company (the petitioner)
purchased GGB's main business but transferred the TRBs production and
selling division to Stemco.\3\
---------------------------------------------------------------------------
\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 by 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 Stemco's Letter, ``Stemco's Request for a Changed
Circumstances Review in Tapered Roller Bearings from the People's
Republic of China, Case No. A-570-601,'' dated November 14, 2022
(CCR Request).
\3\ Id. at 4.
---------------------------------------------------------------------------
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.
Initiation and Preliminary Results of CCR
Pursuant to section 751(b)(1) of the Act, Commerce will conduct a
CCR upon receipt of information concerning or a request from an
interested party for a review of an AD order that shows changed
circumstances sufficient to warrant a review of the order. The
information Stemco submitted supporting its claim that it is the
successor-in-interest to GGB demonstrates changed circumstances
sufficient to warrant such a review.\4\ Therefore, in accordance with
section 751(b)(1)(A) of the Act and 19 CFR 351.216(d) and (e), we are
initiating a CCR based upon the information contained in Stemco's
submission.
---------------------------------------------------------------------------
\4\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------
Section 351.221(c)(3)(ii) of Commerce's regulations permits
Commerce to combine the notice of initiation of a CCR and the notice of
preliminary results if Commerce concludes that expedited action is
warranted.\5\ In this instance, because the record contains information
necessary to make a preliminary finding, we find that expedited action
is warranted and have combined the notice of initiation and the notice
of preliminary results.\6\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from
Italy: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015)
(Pasta from Italy Preliminary Results), unchanged in Certain Pasta
from Italy: Final Results of Changed Circumstances Review, 80 FR
48807 (August 14, 2015) (Pasta from Italy Final Results).
\6\ See, e.g., Pasta from Italy Preliminary Results, 80 FR
33480-41, unchanged in Pasta from Italy Final Results, 80 FR 48807.
---------------------------------------------------------------------------
In this CCR, pursuant to section 751(b) of the Act, Commerce
conducted a successor-in-interest analysis. In making a successor-in-
interest determination, Commerce examines several factors, including,
but not limited to, changes in the following: (1) management; (2)
production facilities; (3) supplier relationships; and (4) customer
base.\7\ While no single factor or combination of factors will
necessarily provide a dispositive indication of a successor-in-interest
relationship, Commerce generally will consider the new company to be
the successor to the previous company if the new company's resulting
operation is not materially dissimilar to that of its predecessor.\8\
Thus, if the record evidence demonstrates that, with respect to the
production and sale of the subject merchandise, the new company
operates as the same business entity as the predecessor company,
Commerce may assign the new company the cash deposit rate of its
predecessor.\9\
---------------------------------------------------------------------------
\7\ See, e.g., Ball Bearings and Parts Thereof from France:
Final Results of Changed--Circumstances Review, 75 FR 34688 (June
18, 2010), and accompanying Issues and Decision Memorandum at
Comment 1; and Certain Frozen Warmwater Shrimp from India:
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review, 81 FR 75376 (October 31, 2016) (Shrimp from
India Preliminary Results), unchanged in Certain Frozen Warmwater
Shrimp from India: Notice of Final Results of Antidumping Duty
Changed Circumstances Review, 81 FR 90774 (December 15, 2016)
(Shrimp from India Final Results).
\8\ See, e.g., Shrimp from India Preliminary Results, 81 FR
75377, unchanged in Shrimp from India Final Results, 81 FR 90774.
\9\ Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative Review:
Polychloroprene Rubber from Japan, 67 FR 58, 59 (January 2, 2002);
Ball Bearings and Parts Thereof from France: Final Results of
Changed-Circumstances Review, 75 FR 34688, 34689 (June 18, 2010);
and Circular Welded Non-Alloy Steel Pipe from the Republic of Korea;
Preliminary Results of Antidumping Duty Changed Circumstances
Review, 63 FR 14679 (March 26, 1998), unchanged in Circular Welded
Non-Alloy Steel Pipe from Korea; Final Results of Antidumping Duty
Changed Circumstances Review, 63 FR 20572 (April 27, 1998) (in which
Commerce found that a company which only changed its name and did
not change its operations is a successor-in-interest to the company
before it changed its name).
---------------------------------------------------------------------------
[[Page 50]]
In accordance with 19 CFR 351.216, we preliminarily determine that
Stemco is the successor-in-interest to GGB. Record evidence that Stemco
submitted indicates that it operates as essentially the same business
entity as GGB with respect to the subject merchandise.\10\
---------------------------------------------------------------------------
\10\ See CCR Request.
---------------------------------------------------------------------------
For our complete successor-in-interest analysis, see the
Preliminary Decision Memorandum.\11\ A list of the topics discussed in
the Preliminary Decision Memorandum is included as the appendix to this
notice. The Preliminary Decision Memorandum is a public document and
made available to the public 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>.
---------------------------------------------------------------------------
\11\ See Memorandum, ``Initiation and Preliminary Results of
Changed Circumstances Review,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Commerce will issue its final results of the review in accordance
with the time limits set forth in 19 CFR 351.216(e).
Public Comment
In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may
submit case briefs not later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than seven days after the case briefs, in
accordance with 19 CFR 351.309(d). Parties who submit case or rebuttal
briefs 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.\12\ All comments are to be filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.\13\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\14\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.309(c)(2).
\13\ See 19 CFR 351.303(b).
\14\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to Covid-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request via ACCESS within 30
days of publication of this notice. Hearing requests should contain:
(1) the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of 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, in accordance with 19 CFR
351.310(d).
Consistent with 19 CFR 351.216(e), we will issue the final results
of this CCR no later than 270 days after the date on which this review
was initiated, or within 45 days if all parties agree to our
preliminary finding.
This notice is published in accordance with sections 751(b)(1) and
777(i) of the Act and 351.221(b) and 351.221(c)(3).
Dated: December 27, 2022.
Lisa W. Wang,
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. Initiation and Preliminary Results of Changed Circumstances
Review
V. Successor-in-Interest Determination
VI. Recommendation
[FR Doc. 2022-28531 Filed 12-30-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on January 3, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.