Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review, 45588-45589 [2012-18890]

Download as PDF 45588 Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Notices Parts Thereof from the People’s Republic of China (A–570–601)’’ dated concurrently with this notice (‘‘Initiation Checklist’’). tkelley on DSK3SPTVN1PROD with NOTICES Period of Review In accordance with 19 CFR 351.214(g)(1)(i)(A), the POR for an NSR initiated in the month immediately following the anniversary month will be the twelve-month period immediately preceding the anniversary month. Therefore, the POR for this NSR is June 1, 2011, through May 31, 2012. Based on information provided by Zhejiang Zhengda, the sales and entries into the United States of subject merchandise produced and exported by Zhejiang Zhengda occurred during this twelvemonth POR. Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), the Department finds that the request submitted by Zhejiang Zhengda meets the threshold requirements for initiation of an NSR for the shipment of TRBs from the PRC produced and exported by Zhejiang Zhengda. See Initiation Checklist. If the information supplied by Zhejiang Zhengda cannot be verified using CBP import data, or is otherwise found to be incorrect or insufficient during the course of this proceeding, the Department may rescind the review or apply adverse facts available pursuant to section 776 of the Act, depending upon the facts on record. The Department intends to issue the preliminary results of this NSR no later than 180 days from the date of initiation, and the final results no later than 90 days from the issuance of the preliminary results.4 It is the Department’s usual practice, in cases involving non-market economies, to require that a company seeking to establish eligibility for an antidumping duty rate separate from the countrywide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, the Department will issue a questionnaire to Zhejiang Zhengda which will include a section requesting information with regard to Zhejiang Zhengda’s export activities for separate rates purposes. The review will proceed if the response provides sufficient indication that Zhejiang Zhengda is not subject to either de jure or de facto government control with respect to its export of subject merchandise. The Department will instruct CBP to allow, at the option of the importer, the 4 See section 751(a)(2)(B)(iv) of the Act. VerDate Mar<15>2010 19:53 Jul 31, 2012 Jkt 226001 posting, until the completion of the review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise from Zhejiang Zhengda in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Zhejiang Zhengda certified that it produced and exported the subject merchandise, the Department will apply the bonding privilege to Zhejiang Zhengda only for subject merchandise which Zhejiang Zhengda produced and exported. To assist in its analysis of the bona fides of Zhejiang Zhengda’s sales, upon initiation of this new shipper review, the Department will require Zhejiang Zhengda to submit on an ongoing basis complete transaction information concerning any sales of subject merchandise to the United States that were made subsequent to the POR. Interested parties requiring access to proprietary information in this NSR should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 19 CFR 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i). Dated: July 27, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–18889 Filed 7–31–12; 8:45 am] BILLING CODE 3510–DS–P 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: Initiation of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) has determined that a request for a new shipper review (‘‘NSR’’) of the antidumping duty order on tapered roller bearings from the People’s Republic of China (‘‘PRC’’) meets the statutory and regulatory requirements for initiation. The period of review (‘‘POR’’) for this NSR is June 1, 2011, through May 31, 2012. DATES: Effective Date: August 1, 2012. FOR FURTHER INFORMATION CONTACT: Demitri Kalogeropoulos, AD/CVD Operations, Office 8, Import AGENCY: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202–482–2623. SUPPLEMENTARY INFORMATION: Background The notice announcing the antidumping duty order on tapered roller bearings from the PRC was published in the Federal Register on June 15, 1987.1 On June 28, 2012, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (‘‘Act’’), and 19 CFR 351.214(b), the Department received a NSR request from Haining Automann Parts Co., Ltd. (‘‘Haining Automann’’). Haining Automann’s request was made in June 2012, which is the anniversary month of the Order.2 In its submission, Haining Automann certified that it is the exporter and producer of the subject merchandise upon which the request was based. Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Haining Automann certified that it did not export tapered roller bearings to the United States during the period of investigation (‘‘POI’’). In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Haining Automann certified that, since the initiation of the investigation, it has not been affiliated with a PRC exporter or producer who exported tapered roller bearings to the United States during the POI, including those not individually examined during the investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), Haining Automann also certified that its export activities were not controlled by the central government of the PRC. In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Haining Automann submitted documentation establishing the following: (1) The date on which Haining Automann first shipped tapered roller bearings for export to the United States and the date on which the tapered roller bearings were first entered, or withdrawn from warehouse, for consumption; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States. The Department conducted U.S. Customs and Border Protection (‘‘CBP’’) database queries in an attempt to confirm that Haining Automann’s shipments of subject merchandise had 1 See Antidumping Duty Order; Tapered Roller Bearingsand Parts Thereof, Finished or Unfinished, From the People’s Republic of China, 52 FR 22667 (June 15, 1987) (‘‘Order’’). 2 See 19 CFR 351.214(d). E:\FR\FM\01AUN1.SGM 01AUN1 Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Notices entered the United States for consumption and that liquidation of such entries had been properly suspended for antidumping duties.3 The Department also examined whether the CBP data confirm that such entries were made during the NSR POR. The Department has identified some inconsistencies between the information provided by Haining Automann and the CBP data currently on the record. After the initiation of this NSR, the Department intends to place additional CBP data on the record, and, if necessary, request additional information from Haining Automann. Due to the proprietary nature of this information, please refer to the Memorandum to the File from John Ditore, ‘‘Initiation of AD New Shipper Review: Tapered Roller Bearings and Parts Thereof from the People’s Republic of China (A–570–601)’’ dated concurrently with this notice (‘‘Initiation Checklist’’). Period of Review In accordance with 19 CFR 351.214(g)(1)(i)(A), the POR for a NSR initiated in the month immediately following the anniversary month will be the twelve month period immediately preceding the anniversary month. Therefore, the POR for this NSR is June 1, 2011, through May 31, 2012. Based on the information provided by Haining Automann, the sales and entries into the United States of subject merchandise produced and exported by Haining Automann occurred during this twelve month POR. tkelley on DSK3SPTVN1PROD with NOTICES Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), the Department finds that the request submitted by Haining Automann meets the threshold requirements for initiation of a NSR for the shipment of tapered roller bearings from the PRC produced and exported by Haining Automann.4 If the information supplied by Haining Automann cannot be verified using CBP import data, or is otherwise found to be incorrect or insufficient during the course of this proceeding, the Department may rescind the review or apply adverse facts available pursuant to section 776 of the Act, depending upon the facts on record. The Department intends to issue the preliminary results of this NSR no later than 180 days from the date of initiation, and the final results no later 3 See July 26, 2012 memorandum to the file regarding CBP data. 4 See Initiation Checklist. VerDate Mar<15>2010 19:53 Jul 31, 2012 Jkt 226001 than 90 days from the issuance of the preliminary results.5 It is the Department’s usual practice, in cases involving non-market economies, to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, the Department will issue a questionnaire to Haining Automann which will include a section requesting information with regard to Haining Automann’s export activities for separate rates purposes. The review will proceed if the response provides sufficient indication that Haining Automann is not subject to either de jure or de facto government control with respect to its export of subject merchandise. The Department will instruct CBP to allow, at the option of the importer, the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise from Haining Automann in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Haining Automann certified that it produced and exported the subject merchandise, the Department will apply the bonding privilege to Haining Automann only for subject merchandise which Haining Automann produced and exported. To assist in its analysis of the bona fides of Haining Automann’s sales, upon initiation of this new shipper review, the Department will require Haining Automann to submit on an ongoing basis complete transaction information concerning any sales of subject merchandise to the United States that were made subsequent to the POR. Interested parties requiring access to proprietary information in this NSR should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 19 CFR 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i). Dated: July 27, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–18890 Filed 7–31–12; 8:45 am] BILLING CODE 3510–DS–P 5 See PO 00000 section 751(a)(2)(B)(iv) of the Act. Frm 00015 Fmt 4703 Sfmt 4703 45589 DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (‘‘Sunset’’) Review and Correction Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department of Commerce (‘‘the Department’’) is automatically initiating a five-year review (‘‘Sunset Review’’) of the antidumping duty orders listed below. The International Trade Commission (‘‘the Commission’’) is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same orders. DATES: Effective Date: August 1, 2012. FOR FURTHER INFORMATION CONTACT: The Department official identified in the Initiation of Review section below at AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205–3193. SUPPLEMENTARY INFORMATION: AGENCY: Background The Department’s procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting FiveYear (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to the Department’s conduct of Sunset Reviews is set forth in the Department’s Policy Bulletin 98.3 –Policies Regarding the Conduct of Five-Year (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders: Policy Bulletin, 63 FR 18871 (April 16, 1998), and in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). Correction of Case Number From Previous Sunset Review Initiation Notice In the previous sunset initiation notice,1 we inadvertently listed the 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 77 FR 39218 (July 2, 2012). E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

[Federal Register Volume 77, Number 148 (Wednesday, August 1, 2012)]
[Notices]
[Pages 45588-45589]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18890]


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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: Initiation of 
Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has determined 
that a request for a new shipper review (``NSR'') of the antidumping 
duty order on tapered roller bearings from the People's Republic of 
China (``PRC'') meets the statutory and regulatory requirements for 
initiation. The period of review (``POR'') for this NSR is June 1, 
2011, through May 31, 2012.

DATES: Effective Date: August 1, 2012.

FOR FURTHER INFORMATION CONTACT: Demitri Kalogeropoulos, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-2623.

SUPPLEMENTARY INFORMATION: 

Background

    The notice announcing the antidumping duty order on tapered roller 
bearings from the PRC was published in the Federal Register on June 15, 
1987.\1\ On June 28, 2012, pursuant to section 751(a)(2)(B)(i) of the 
Tariff Act of 1930, as amended (``Act''), and 19 CFR 351.214(b), the 
Department received a NSR request from Haining Automann Parts Co., Ltd. 
(``Haining Automann''). Haining Automann's request was made in June 
2012, which is the anniversary month of the Order.\2\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order; Tapered Roller Bearingsand Parts 
Thereof, Finished or Unfinished, From the People's Republic of 
China, 52 FR 22667 (June 15, 1987) (``Order'').
    \2\ See 19 CFR 351.214(d).
---------------------------------------------------------------------------

    In its submission, Haining Automann certified that it is the 
exporter and producer of the subject merchandise upon which the request 
was based. Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Haining Automann certified that it did not export 
tapered roller bearings to the United States during the period of 
investigation (``POI''). In addition, pursuant to section 
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), 
Haining Automann certified that, since the initiation of the 
investigation, it has not been affiliated with a PRC exporter or 
producer who exported tapered roller bearings to the United States 
during the POI, including those not individually examined during the 
investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), Haining 
Automann also certified that its export activities were not controlled 
by the central government of the PRC.
    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Haining Automann submitted documentation 
establishing the following: (1) The date on which Haining Automann 
first shipped tapered roller bearings for export to the United States 
and the date on which the tapered roller bearings were first entered, 
or withdrawn from warehouse, for consumption; (2) the volume of its 
first shipment; and (3) the date of its first sale to an unaffiliated 
customer in the United States.
    The Department conducted U.S. Customs and Border Protection 
(``CBP'') database queries in an attempt to confirm that Haining 
Automann's shipments of subject merchandise had

[[Page 45589]]

entered the United States for consumption and that liquidation of such 
entries had been properly suspended for antidumping duties.\3\ The 
Department also examined whether the CBP data confirm that such entries 
were made during the NSR POR. The Department has identified some 
inconsistencies between the information provided by Haining Automann 
and the CBP data currently on the record. After the initiation of this 
NSR, the Department intends to place additional CBP data on the record, 
and, if necessary, request additional information from Haining 
Automann. Due to the proprietary nature of this information, please 
refer to the Memorandum to the File from John Ditore, ``Initiation of 
AD New Shipper Review: Tapered Roller Bearings and Parts Thereof from 
the People's Republic of China (A-570-601)'' dated concurrently with 
this notice (``Initiation Checklist'').
---------------------------------------------------------------------------

    \3\ See July 26, 2012 memorandum to the file regarding CBP data.
---------------------------------------------------------------------------

Period of Review

    In accordance with 19 CFR 351.214(g)(1)(i)(A), the POR for a NSR 
initiated in the month immediately following the anniversary month will 
be the twelve month period immediately preceding the anniversary month. 
Therefore, the POR for this NSR is June 1, 2011, through May 31, 2012. 
Based on the information provided by Haining Automann, the sales and 
entries into the United States of subject merchandise produced and 
exported by Haining Automann occurred during this twelve month POR.

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
the Department finds that the request submitted by Haining Automann 
meets the threshold requirements for initiation of a NSR for the 
shipment of tapered roller bearings from the PRC produced and exported 
by Haining Automann.\4\ If the information supplied by Haining Automann 
cannot be verified using CBP import data, or is otherwise found to be 
incorrect or insufficient during the course of this proceeding, the 
Department may rescind the review or apply adverse facts available 
pursuant to section 776 of the Act, depending upon the facts on record.
---------------------------------------------------------------------------

    \4\ See Initiation Checklist.
---------------------------------------------------------------------------

    The Department intends to issue the preliminary results of this NSR 
no later than 180 days from the date of initiation, and the final 
results no later than 90 days from the issuance of the preliminary 
results.\5\
---------------------------------------------------------------------------

    \5\ See section 751(a)(2)(B)(iv) of the Act.
---------------------------------------------------------------------------

    It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish 
eligibility for an antidumping duty rate separate from the country-wide 
rate provide evidence of de jure and de facto absence of government 
control over the company's export activities. Accordingly, the 
Department will issue a questionnaire to Haining Automann which will 
include a section requesting information with regard to Haining 
Automann's export activities for separate rates purposes. The review 
will proceed if the response provides sufficient indication that 
Haining Automann is not subject to either de jure or de facto 
government control with respect to its export of subject merchandise.
    The Department will instruct CBP to allow, at the option of the 
importer, the posting, until the completion of the review, of a bond or 
security in lieu of a cash deposit for each entry of the subject 
merchandise from Haining Automann in accordance with section 
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Haining 
Automann certified that it produced and exported the subject 
merchandise, the Department will apply the bonding privilege to Haining 
Automann only for subject merchandise which Haining Automann produced 
and exported.
    To assist in its analysis of the bona fides of Haining Automann's 
sales, upon initiation of this new shipper review, the Department will 
require Haining Automann to submit on an ongoing basis complete 
transaction information concerning any sales of subject merchandise to 
the United States that were made subsequent to the POR.
    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order in accordance with 19 CFR 351.305 and 19 CFR 351.306. 
This initiation and notice are in accordance with section 751(a)(2)(B) 
of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).

    Dated: July 27, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-18890 Filed 7-31-12; 8:45 am]
BILLING CODE 3510-DS-P