Notice2024-31412
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of Antidumping Duty Administrative Review; Notice of Amended Final Results
Primary source
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Published
December 31, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On December 18, 2024, the U.S. Court of International Trade (CIT) issued its final judgment in Shanghai Tainai Bearing Co., Ltd. and C&U Americas, LLC, v. United States, Court No. 22-00038, sustaining the U.S. Department of Commerce's (Commerce) remand results pertaining to the administrative review 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) covering the period June 1, 2019, through May 31, 2020. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results of the administrative review and that Commerce is amending the final results with respect to the dumping margins assigned to Shanghai Tainai Bearing Co., Ltd. (Tainai), Xinchang Newsun Xintianlong Precision Bearing Manufacturing Co., Ltd, (Xintianlong), and Hebei Xintai Bearing Forging Co., Ltd, (Xintai).
Full Text
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<title>Federal Register, Volume 89 Issue 250 (Tuesday, December 31, 2024)</title>
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[Federal Register Volume 89, Number 250 (Tuesday, December 31, 2024)]
[Notices]
[Pages 107106-107107]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31412]
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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: Notice of Court
Decision Not in Harmony With the Results of Antidumping Duty
Administrative Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 18, 2024, the U.S. Court of International Trade
(CIT) issued its final judgment in Shanghai Tainai Bearing Co., Ltd.
and C&U Americas, LLC, v. United States, Court No. 22-00038, sustaining
the U.S. Department of Commerce's (Commerce) remand results pertaining
to the administrative review 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) covering the period
June 1, 2019, through May 31, 2020. Commerce is notifying the public
that the CIT's final judgment is not in harmony with Commerce's final
results of the administrative review and that Commerce is amending the
final results with respect to the dumping margins assigned to Shanghai
Tainai Bearing Co., Ltd. (Tainai), Xinchang Newsun Xintianlong
Precision Bearing Manufacturing Co., Ltd, (Xintianlong), and Hebei
Xintai Bearing Forging Co., Ltd, (Xintai).
DATES: Applicable December 28, 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 January 10, 2022, Commerce published its Final Results in the
2019-2020 AD administrative review of TRBs from China.\1\ Commerce
calculated a weighted-average dumping margin of 538.79 percent for
Tainai, Xintai, and Xintianlong.\2\
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\1\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, from the People's Republic of China: Final Results and
Partial Rescission of Review; 2019-2020, 87 FR 1120 (January 10,
2022) (Final Results), and accompanying Issues and Decision
Memorandum.
\2\ Id.
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Tainai appealed Commerce's Final Results. On September 14, 2023,
the CIT remanded the Final Results to Commerce to (1) consider record
evidence regarding the control that Tainai could have exerted over
unaffiliated suppliers and (2) why the revenue of section 301 duties is
related to profits on the sale of services rather than on the sale of
subject merchandise.\3\
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\3\ See Shanghai Tainai Bearing Co., Ltd. v. United States, 658
F.Supp. 3d 1269 (CIT 2024).
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In the Final Redetermination, issued in January 2024, Commerce,
under respectful protest, recalculated Tainai's weighted-average
dumping margin without adverse facts available in connection with
Tainai's unaffiliated suppliers' failure to report factors of
production (FOP) information but
[[Page 107107]]
relying on partial neutral facts available to fill in the missing FOP
information.\4\ Commerce also modified its calculation for certain
invoices regarding section 301 duties.\5\ On December 18, 2024, the CIT
sustained Commerce's Final Redetermination.\6\
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\4\ See Final Results of Redetermination Pursuant to Court
Remand, Shanghai Tainai Bearing Co., Ltd., et al. v. United States,
Court No. 22-00038, Slip Op. 22-74, dated January 11, 2024 (Final
Redetermination), at 3-4.
\5\ Id. at 4.
\6\ See Shanghai Tainai Bearing Co., Ltd., et al. v. United
States, Slip Op. 24-142 (CIT December 18, 2024).
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Timken Notice
In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\
the U.S. Court of Appeals for the Federal Circuit held that, pursuant
to sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's December 18,
2024, judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Results. Thus, this notice is published
in fulfillment of the publication requirements of Timken.
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\7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\8\ See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d
1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to Tainai and the margin for non-
selected companies as follows:
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Weighted-
average
Producer/exporter dumping margin
(percent)
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Shanghai Tainai Bearing Co., Ltd........................ 76.58
Hebei Xintai Bearing Forging Co., Ltd................... 76.58
Xinchang Newsun Xintianlong Precision Bearing 76.58
Manufacturing Co., Ltd.................................
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Cash Deposit Requirements
Because Tainai has a superseding cash deposit rate, i.e., there
have been final results published in a subsequent administrative
review, we will not issue revised cash deposit instructions to U.S.
Customs and Border Protection (CBP). This notice will not affect the
current cash deposit rate.
With respect to all the non-selected companies that do not have a
superseding cash deposit rate, Commerce will issue revised cash deposit
instructions to CBP.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that: were exported by Tainai, Xintai, or
Xintianlong, and were entered, or withdrawn from warehouse, for
consumption during the period June 1, 2019, through May 31, 2020. These
entries will remain enjoined pursuant to the terms of the injunction
during the pendency of any appeals process.
In the event the CIT's ruling is not appealed, or, if appealed,
upheld by a final and conclusive court decision, Commerce intends to
instruct CBP to assess antidumping duties on unliquidated entries of
subject merchandise exported by Tainai, Xintai, or Xintianlong, in
accordance with 19 CFR 351.212(b), at the rates identified above.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e), and 777(i)(1) of the Act.
Dated: December 23, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-31412 Filed 12-30-24; 8:45 am]
BILLING CODE 3510-DS-P
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