Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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.
Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that tapered roller bearings and parts thereof, finished and unfinished, (TRBs) from the People's Republic of China (China) have been sold at less than normal value (NV) during the period of review (POR), June 1, 2021, through May 31, 2022. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 129 (Friday, July 7, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43290-43292]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14370]
-----------------------------------------------------------------------
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 of
Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that tapered roller bearings and parts thereof, finished and
unfinished, (TRBs) from the People's Republic of China (China) have
been sold at less than normal value (NV) during the period of review
(POR), June 1, 2021, through May 31, 2022. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable July 7, 2023.
FOR FURTHER INFORMATION CONTACT: Melissa Porpotage, 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) 482-1413.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2022, Commerce published a notice of initiation of an
administrative review of the antidumping duty (AD) order on TRBs from
China covering the POR with respect to seven companies.\1\ On February
22, 2023, we extended the preliminary results of this review to no
later than June 30, 2023.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 48459 (August 9, 2022) (Initiation
Notice). Changshan Peer Bearing Co., Ltd. (CPZ) was listed in the
Initiation Notice; however, prior to publication, CPZ withdrew its
request for an administrative review. Thus, in September 2022,
Commerce published in the Federal Register a notice correcting the
inadvertent inclusion of CPZ. See CPZ's letter, ``Withdrawal of
Request for Administrative Review,'' dated July 8, 2022; see also
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 87 FR 54463 (September 6, 2022).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated
February 22, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of
[[Page 43291]]
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 Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 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).
---------------------------------------------------------------------------
Scope of the Order \4\
---------------------------------------------------------------------------
\4\ See 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) (Order).
---------------------------------------------------------------------------
The products 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. For a full description of the scope of the Order,
see the Preliminary Decision Memorandum.
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.\5\
---------------------------------------------------------------------------
\5\ See Preliminary Decision Memorandum at ``Discussion of the
Methodology.''
---------------------------------------------------------------------------
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), Huangshi C&U Bearing Co., Ltd.
(Huangshi C&U), and Sichuan C&U Bearing Co., Ltd. (Sichuan C&U) did not
submit separate rate applications or recertify their eligibility for a
separate rate; therefore, Commerce preliminarily determines that these
companies are not eligible for a separate rate and, as such, are a part
of the China-wide entity.
Under Commerce's 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 and no review was initiated for the China-wide
entity, the China-wide entity is not under review. Thus, the weighted-
average dumping margin determined for the China-wide entity is not
subject to change and continues to be 92.84 percent.\6\
---------------------------------------------------------------------------
\6\ 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).
---------------------------------------------------------------------------
Rate for Non-Examined Companies That Are Eligible for a Separate Rate
Commerce calculated an individual weighted-average dumping margin
for Shanghai Tainai Bearing Co., Ltd. (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 27.02 percent applies to Zhejiang Jingli Bearing Technology
Co., Ltd. (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, 2021, through May
31, 2022:
------------------------------------------------------------------------
Weighted
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Shanghai Tainai Bearing Co., Ltd............................ 27.02
Zhejiang Jingli Bearing Technology Co., Ltd................. 27.02
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\7\ Case briefs
or other written comments may be submitted to Commerce no later than 30
days after the date of publication of this notice.\8\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
seven days after the time limit for filing case briefs.\9\ Parties who
submit case briefs or rebuttal briefs in this proceeding 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.\10\ Case and
rebuttal briefs should be filed using ACCESS.\11\ Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information, until further
notice.\12\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(c).
\9\ See 19 CFR 351.309(c); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See 19 CFR 351.303.
\12\ See Temporary Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\13\ 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. Issues raised
in the hearing will be limited to issues raised in the briefs. If a
request for a hearing is made, Commerce intends to hold the hearing at
a date and time to be determined.\14\ Parties should confirm by
telephone the date and time of the hearing two days before the
scheduled date. An electronically filed document must be received
successfully in its entirety by ACCESS by 5 p.m.
[[Page 43292]]
Eastern Time on the established deadline.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\15\
---------------------------------------------------------------------------
\15\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries.\16\
---------------------------------------------------------------------------
\16\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
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).\17\ 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.\18\ Where the respondent did not report entered values,
Commerce will calculate importer-specific per-unit assessment rates by
dividing the amount of dumping for reviewed sales to the importer by
the total quantity of those sales. In addition, Commerce will calculate
an estimated importer-specific ad valorem 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.\19\ 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 the appropriate entries without
regard to antidumping duties.\20\
---------------------------------------------------------------------------
\17\ 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).
\18\ See 19 CFR 351.212(b)(1).
\19\ Id.
\20\ See Final Modification, 77 FR at 8103.
---------------------------------------------------------------------------
For the final results, if we continue to treat the C&U Group, C&U
Automotive, C&U Metallurgy, Huangshi C&U, and Sichuan C&U as part of
China-wide entity, we will instruct CBP to apply an ad valorem
assessment rate of 92.84 percent to all entries of subject merchandise
during the POR that were exported by these companies.
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.
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).
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 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) and 777(i)(l) of the Act, and 19
CFR 351.221(b)(4).
Dated: June 29, 2023.
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. Discussion of the Methodology
V. Recommendation
[FR Doc. 2023-14370 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>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.