Notice2024-00304
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Final 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.
Published
January 10, 2024
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 (NV) during the period of review (POR), June 1, 2021, through May 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 7 (Wednesday, January 10, 2024)</title>
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[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Notices]
[Pages 1548-1550]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00304]
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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
Antidumping Duty Administrative Review; 2021-2022
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 (NV) during the
period of review (POR), June 1, 2021, through May 31, 2022.
DATES: Applicable January 10, 2024.
FOR FURTHER INFORMATION CONTACT: Jerry Xiao, 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) 482-2273.
SUPPLEMENTARY INFORMATION:
Background
On July 7, 2023, Commerce published in the Federal Register the
Preliminary Results \1\ of the 2021-2022 administrative review of the
antidumping duty (AD) order on TRBs from China \2\ and invited
interested parties to comment.\3\ Subsequent to the Preliminary
Results, we received a case brief from Tainai and a rebuttal brief from
the Timken Company (the petitioner).\4\ On October 6, 2023, 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
final results until January 3, 2024.\5\ For a complete description of
the events that occurred since the Preliminary Results, see the Issues
and Decision Memorandum.\6\
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\1\ 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;
2021-2022, 88 FR 43290 (July 7, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ 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) (collectively,
Order).
\3\ See Preliminary Results, 88 FR at 43290.
\4\ See Tainai's Letter, ``Case Brief,'' dated August 7, 2023;
and Petitioner's Letter, ``Rebuttal Brief,'' dated August 14, 2023.
\5\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated October 6, 2023.
\6\ See Memorandum, ``Decision Memorandum for the Final Results
of the 2021-2022 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
The merchandise covered by the Order is tapered roller bearings and
parts thereof, finished and unfinished, from China. A full description
of the scope of the Order is contained in the Issues and Decision
Memorandum.\7\
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\7\ Id.
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Analysis of Comments Received
All issues raised in case and rebuttal briefs filed by parties in
this administrative review are addressed in the Issues and Decision
Memorandum and are listed 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, and for the
reasons explained in the Issues and Decision Memorandum, we made
certain changes to the margin calculations for Tainai and updated the
rate assigned to the non-examined, separate-rate respondent, Zhejiang
Jingli Bearing Technology Co., Ltd. (Jingli).\8\
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\8\ Id.
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Rate for Non-Examined Separate Rate Respondent
In the Preliminary Results, we determined that Jingli demonstrated
its eligibility for a separate rate. We did not receive any 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.
The statute and our regulations do not address the establishment of
a rate to be
[[Page 1549]]
assigned to respondents not selected for individual examination when we
limit our examination of companies subject to the administrative review
pursuant to section 777A(c)(2)(B) of the Act. Generally, we look to
section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation, for guidance when
calculating the rate for respondents not individually examined in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of
the estimated weighted average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .'' Accordingly, in the final results of
review, we are assigning to Jingli, the estimated weighted-average
margin calculated for Tainai, the sole mandatory respondent in this
review.
Final Results of Review
For the companies subject to this review that established their
eligibility for a separate rate, Commerce determines that the following
estimated weighted-average dumping margins exist for the period June 1,
2021, through May 31, 2022:
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Weighted-
average
Exporter dumping
margin
(percent)
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Shanghai Tainai Bearing Co., Ltd............................ 24.78
Zhejiang Jingli Bearing Technology Co., Ltd................. 24.78
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to interested parties
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of the notice of final results in the Federal Register, 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), 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) failed to rebut de facto and de
jure control by the Government of China.\9\ 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, Huangshi C&U, and
Sichuan C&U are not eligible for a separate rate and are, therefore,
part of the China-wide entity.
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\9\ See Preliminary Results PDM at 9-11.
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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.\10\ 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).\11\
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\10\ 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).
\11\ 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
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce intends to determine, and U.S. Customs and
Border Protections (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise in accordance with the final
results of this review.
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.\12\ 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.\13\ 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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\12\ See 19 CFR 351.212(b)(1).
\13\ Id.
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For Jingli, the non-selected separate rate respondent, we will
direct CBP to assess antidumping duties at a rate equal to the
weighted-average dumping margin determined for Tainai in these final
results.
Commerce determined that C&U Group, C&U Automotive, C&U Metallurgy,
Huangshi C&U, and Sichuan C&U did not qualify for a separate rate.
Therefore, we will instruct CBP to assess antidumping duties on entries
of subject merchandise from these entities 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 of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
subject to this review will be the rate 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; \14\ 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.
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\14\ See Order.
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These deposit requirements, when imposed, shall remain in effect
until further notice.
[[Page 1550]]
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 violation subject to sanction.
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 3, 2024.
Abdelali Elouaradia,
Deputy 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 to
Tainai
Comment 2: Deduction of Section 301 Duties
Comment 3: Capping Section 301 Duty Payments
Comment 4: Differential Pricing Analysis
V. Recommendation
[FR Doc. 2024-00304 Filed 1-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 10, 2024.
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