Notice2023-00303
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Final Results of 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
January 10, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. 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 during the period of review (POR), June 1, 2020, through May 31, 2021. Additionally, we find that Tainai and Zhejiang Jingli Bearing Technology Co., Ltd. (Jingli) have each demonstrated that they are eligible for a separate rate.
Full Text
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<title>Federal Register, Volume 88 Issue 6 (Tuesday, January 10, 2023)</title>
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[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1359-1361]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00303]
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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 of
Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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 during the period
of review (POR), June 1, 2020, through May 31, 2021. Additionally, we
find that Tainai and Zhejiang Jingli Bearing Technology Co., Ltd.
(Jingli) have each demonstrated that they are eligible for a separate
rate.
DATES: Applicable January 10, 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.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results \1\ on July 8, 2022.\2\
Subsequent to the Preliminary Results, we received briefs from Tainai
and the Timken Company (the petitioner).\3\ On September 30, 2022, in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), Commerce extended the deadline for issuing these
[[Page 1360]]
final results until January 4, 2023.\4\ For a complete description of
the events that occurred since the Preliminary Results, see the Issues
and Decision Memorandum.\5\
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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 in 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) (collectively, Order).
\2\ See 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, 87 FR 40792 (July 8, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\3\ See Tainai's Letter, ``Case Brief,'' dated August 15, 2022;
and Petitioner's Letter, ``Rebuttal Brief,'' dated August 23, 2022.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated September 30, 2022.
\5\ See Memorandum, ``Decision Memorandum for the Final Results
of the 2020-2021 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 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 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>.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, we made no
changes to the margin calculations for Tainai or the rate assigned to
the non-examined, separate-rate respondent.\6\
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\6\ Id.
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Non-Examined Separate Rate Respondent
In the Preliminary Results, we determined that Jingli demonstrated
its 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 this determination. Therefore, for these
final results, we continue to find that Jingli is eligible for a
separate rate.
Final Results of 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, 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
Normally, Commerce will disclose the calculations performed in
connection with the final results of review within five days of the
date of publication of the final results in the Federal Register, in
accordance with 19 CFR 351.224(b). However, because Commerce made no
adjustments to the margin calculation methodology used in the
Preliminary Results, there are no calculations to disclose for these
final results.
China-Wide Entity
In the Preliminary Results, we found that 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) failed to rebut de facto and de jure
control by the Government of China.\7\ We received no comments on this
decision for these final results. Accordingly, we continue to find that
C&U Group, C&U Automotive, C&U Metallurgy, Hebei Xintai, Huangshi C&U,
Sichuan C&U, and XTL are not eligible for a separate rate and are,
therefore, part of the China-wide entity.
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\7\ See Preliminary Results PDM at 10-11.
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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.\8\ 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).\9\
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\8\ 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).
\9\ 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.\10\ 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.\11\ 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).\12\
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\10\ See 19 CFR 351.212(b)(1).
\11\ 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).
\12\ 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).
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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.\13\ Where the respondent did not
report entered values, Commerce will calculate importer-specific
[[Page 1361]]
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.\14\ 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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\13\ See 19 CFR 351.212(b)(1).
\14\ Id.
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For Jingli, we will direct CBP to assess antidumping duties at a
rate equal to the weighted-average dumping margin determined in these
final results.
Commerce determined that C&U Group, C&U Automotive, C&U Metallurgy,
Hebei Xintai, Huangshi C&U, Sichuan C&U, and XTL did not qualify for a
separate rate. Therefore, we will instruct CBP to assess antidumping
duties on these entities' entries of subject merchandise at 92.84
percent, the established weighted-average dumping margin for the China-
wide entity.
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 Chinese and non-Chinese
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 Chinese
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-Chinese
exporters of subject merchandise that have not received their own
separate rate, the cash deposit rate will be the rate applicable to the
Chinese exporter that supplied that non-Chinese exporter.
These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice 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 Order
This notice also serves as a final reminder to parties subject to
an 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)(2).
Dated: January 4, 2023.
Lisa W. Wang,
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. Discussion of the Issues
Comment 1: Application of Partial Adverse Facts Available (AFA)
to Tainai
Comment 2: Romanian Surrogate Financial Ratios
Comment 3: Applicability of Surrogate Financial Ratios
Comment 4: Deduction of Section 301 Duties
Comment 5: Capping Section 301 Duty Payments
Comment 6: By-Product Offset
V. Recommendation
[FR Doc. 2023-00303 Filed 1-9-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 10, 2023.
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