Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Final Results of the 2011-2012 Antidumping Duty Administrative Review and New Shipper Reviews, 4327-4330 [2014-01503]
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Federal Register / Vol. 79, No. 17 / Monday, January 27, 2014 / Notices
Following the publication of the Final
Results, Marine Gold Products Limited
(Marine Gold); Pakfood Public Company
Ltd.; Thai Royal Frozen Food Company
Limited; Thai Union Frozen Products
Public Co., Ltd.; and Thai Union
Seafood Company Ltd. (collectively,
‘‘Thai Respondents’’) challenged the
Department’s Final Results in the
United States Court of International
Trade (CIT). The Thai Respondents
challenged the Department’s decision
not to calculate an individual
antidumping duty margin for Marine
Gold as a voluntary respondent, and the
Department’s decision not to offset
positive antidumping duty margins with
negative ones. On August 2, 2013, the
CIT remanded the Final Results for
further consideration of Marine Gold’s
request for individual examination as a
voluntary respondent, while noting that
the Thai Respondents dropped their
challenge to the Department’s decision
not to offset positive antidumping duty
margins with negative ones.2
On January 9, 2014, the United States
and Marine Gold entered into an
agreement to settle this dispute and
requested a stipulated judgment. On
January 9, 2014, the CIT issued an order
of judgment by stipulation. Consistent
with the January 9, 2014 settlement
agreement and the judgment by
stipulation, we will instruct U.S.
Customs and Border Protection to
liquidate all unliquidated entries of
certain frozen warmwater shrimp from
Thailand produced and/or exported by
Marine Gold, and entered, or withdrawn
from warehouse, for consumption in the
United States during the POR at the
importer-specific per-unit assessment
rates determined by setting Marine
Gold’s weighted-average dumping
margin at 0.41 percent (de minimis).
However, we are not establishing a
revised cash deposit rate for Marine
Gold because the antidumping duty
order on certain frozen warmwater
shrimp from Thailand was revoked with
respect to merchandise produced and/or
exported by Marine Gold on July 16,
2013, with an effective date of February
1, 2012.3
We are issuing this determination and
publishing these amended final results
and notice in accordance with section
516A(e) of the Act.
2 See Ad Hoc Shrimp Trade Action Comm. v.
United States, 925 F. Supp. 2d 1367, 1368 n.4,
1369–1372 (CIT 2013).
3 See Certain Frozen Warmwater Shrimp From
Thailand: Final Results of Antidumping Duty
Administrative Review, Partial Rescission of
Review, and Revocation of Order (in Part); 2011–
2012, 78 FR 42497, 42499 (July 16, 2013).
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Dated: Januaru 16, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–01501 Filed 1–24–14; 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:
Final Results of the 2011–2012
Antidumping Duty Administrative
Review and New Shipper Reviews
Enforcement and Compliance,
Formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 8, 2013, the
Department of Commerce (the
Department) published the preliminary
results of the 25th administrative review
and two new shipper reviews (NSRs) of
the antidumping duty order on tapered
roller bearings and parts thereof,
finished and unfinished (TRBs), from
the People’s Republic of China (PRC).1
The period of review (POR) is June 1,
2011, through May 31, 2012. Based on
our analysis of the comments received,
we have made certain changes in the
margin calculations. Therefore, the final
results differ from the preliminary
results. The final weighted-average
dumping margins for the reviewed firms
are listed below in the section entitled
‘‘Final Results of the Review.’’
DATES: Effective Date: January 27, 2014.
FOR FURTHER INFORMATION CONTACT:
Blaine Wiltse or Alan Ray, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6345 or (202) 482–
5463, respectively.
AGENCY:
Background
The administrative review covers six
exporters of the subject merchandise, of
which the Department selected
Changshan Peer Bearing Co. Ltd. (CPZ/
SKF) as a mandatory respondent for
individual examination. The
respondents which were not selected for
1 See Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, From the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and New
Shipper Reviews; 2011–2012, 78 FR 40692 (July 8,
2013) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
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individual examination are listed in the
‘‘Final Results of the Review’’ section of
this notice. The NSRs cover Haining
Automann Parts Co., Ltd. (Automann),
and Zhejiang Zhengda Bearing Co., Ltd.
(Zhengda).
On July 8, 2013, the Department
published the Preliminary Results. In
August 2013, we received case and
rebuttal briefs from The Timken
Company (the petitioner), as well as
from CPZ/SKF, Automann, and
Zhengda.
As explained in the memorandum
from the Assistant Secretary for
Enforcement and Compliance, the
Department has exercised its discretion
to toll deadlines for the duration of the
closure of the Federal Government from
October 1, through October 16, 2013.2
Therefore, all deadlines in this segment
of the proceeding have been extended
by 16 days. If the new deadline falls on
a non-business day, in accordance with
the Department’s practice, the deadline
will become the next business day.
Furthermore, on November 12, 2013, the
Department extended the final results in
the current review to no later than
January 21, 2014.3
The Department has conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The merchandise covered by the order
includes tapered roller bearings. The
subject merchandise is currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings: 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. The HTSUS subheadings
are provided for convenience and
customs purposes only; the written
2 See Memorandum for the Record from Paul
Piquado, Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Shutdown
of the Federal Government,’’ dated October 18,
2013.
3 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, from Blaine
Wiltse, Senior International Trade Compliance
Analyst, Office II, Antidumping and Countervailing
Duty Operations, entitled, ‘‘Tapered Roller Bearings
and Parts Thereof, Finished and Unfinished, from
the People’s Republic of China: Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review and New Shipper Reviews,’’
dated November 12, 2013.
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description of the scope of the order 4 is
dispositive.5
PRC-Wide Entity
The Department initiated a review of
two companies, Ningbo General Bearing
Co., Ltd. (NGBC) and Timken de Mexico
S.A. de C.V. (Timken Mexico), which
did not provide separate rate
applications. Because these companies
do not already have separate rates, they
remain part of the PRC-wide entity in
this review.6 Accordingly, the PRC-wide
entity is under review for these final
results. In non-market economy (NME)
proceedings, ‘‘rates’’ may consist of a
single weighted-average dumping
margin applicable to all exporters and
producers.7 Therefore, we assigned the
PRC-wide entity a rate of 92.84 percent,
the rate most recently assigned to the
PRC-wide entity in this proceeding.8 We
have received no information since the
issuance of the Preliminary Results that
provides a basis for reconsidering this
determination, and we will, therefore,
continue to apply the rate of 92.84
percent to the PRC-wide entity,
including NGBC and Timken Mexico.
Separate Rates
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In the Preliminary Results, we found
that Dana Heavy Axle S.A. de C.V.
(DHAM), a separate-rate respondent, is
a wholly foreign-owned company with
no PRC ownership and, therefore, it
demonstrated its eligibility for a
separate rate.9 For the final results, we
continue to find no evidence indicating
that DHAM is under the control of the
PRC and, accordingly, have granted
separate rate status to DHAM.
Also as stated in the Preliminary
Results, evidence provided by
Automann, CPZ/SKF, Zhejiang Sihe
Machine Co., Ltd. (Sihe), Zhejiang
Zhaofeng Mechanical and Electronic
Co., Ltd. (Zhaofeng), and Zhengda,
supported finding an absence of both de
jure and de facto government control,
and, therefore, we preliminarily granted
a separate rate to each of these
companies.10 We have received no
4 See Notice of 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).
5 For a complete description of the scope of the
Order, see the ‘‘Issues and Decision Memorandum
for the Antidumping Duty Administrative Review
and New Shipper Reviews (2011–2012): Tapered
Roller Bearings and Parts Thereof, Finished and
Unfinished, from the People’s Republic of China,’’
from James Maeder, Director, Office II,
Antidumping and Countervailing Duty Operations,
to Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
dated concurrently with, and adopted by, this
notice (Issues and Decision Memo).
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information since the issuance of the
Preliminary Results that provides a basis
for reconsidering this determination.
Therefore, for the final results, we
continue to find that Automann, CPZ/
SKF, Sihe, Zhaofeng, and Zhengda are
eligible for a separate rate.
Weighted-Average Dumping Margin for
the Non-Examined, Separate-Rate
Companies
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memo can be
accessed directly at https://enforcement.
trade.gov/frn/. The signed Issues and
Decision Memo and the electronic
version of the Issues and Decision
Memo are identical in content.
Changes Since the Preliminary Results
For the exporters subject to a review
that are determined to be eligible for a
separate rate, but are not selected as
individually examined respondents, the
Department generally weight averages
the rates calculated for the individually
examined respondents, excluding any
rates that are zero, de minimis, or based
entirely on facts available.11 In this
instance, the only individuallyexamined company is CPZ/SKF, which
has a rate that is not zero, de minimis,
or based entirely on facts available.
Accordingly, consistent with the
Department’s practice,12 we have
determined that the weighted-average
dumping margin to be assigned to the
separate rate respondents not
individually examined (i.e., DHAM,
Sihe, and Zhaofeng) should be the
weighted-average dumping margin
calculated for the mandatory
respondent, CPZ/SKF.
Based on our analysis of the
comments received, we made changes
in the margin calculations for all
respondents. These changes are
discussed in the relevant sections of the
Issues and Decision Memo and
company-specific analysis memos, as
appropriate.
Period of Review
The POR is June 1, 2011, through May
31, 2012.
Final Results of the Review
Regarding the administrative review,
we are assigning the following
weighted-average dumping margins to
the firms listed below for the period
June 1, 2011, through May 31, 2012, as
follows:
Exporter
Analysis of Comments Received
All issues raised in the case briefs by
parties to this administrative review and
NSRs are addressed in the Issues and
Decision Memo. A list of the issues
which parties raised and to which we
respond in the Issues and Decision
Memo is attached to this notice as an
Appendix. The Issues and Decision
Memo is a public document and is on
file electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov, and it
is available to all parties in the Central
Records Unit, room 7046 of the main
6 See Preliminary Results, 78 FR at 40694, and
accompanying Preliminary Decision Memorandum
at 5–7.
7 See 19 CFR 351.107(d).
8 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
(January 22, 2009).
9 See Preliminary Results, 78 FR at 40694, and
accompanying Preliminary Decision Memorandum
at 6.
10 See Preliminary Results, 78 FR at 40694, and
accompanying Preliminary Decision Memorandum
at 7.
11 See, e.g., Wooden Bedroom Furniture From the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review,
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Changshan Peer Bearing Co.,
Ltd .........................................
Dana Heavy Axle S.A. de C.V.*
Zhejiang Sihe Machine Co.,
Ltd* ........................................
Zhejiang Zhaofeng Mechanical
and Electronic Co., Ltd.* .......
PRC-Wide Entity 13 ...................
Weightedaverage
dumping
margin
(percent)
0.74
0.74
0.74
0.74
92.84
* This company applied for or demonstrated
eligibility for a separate rate in this administrative review. The rate for this company is the
calculated weighted-average dumping margin
for CPZ/SKF.
Regarding the NSRs, we are assigning
the following weighted-average
dumping margins to the firms listed
below for the period June 1, 2011,
through May 31, 2012:
Preliminary Results of New Shipper Review and
Partial Rescission of Administrative Review, 73 FR
8273, 8279 (February 13, 2008) (unchanged in
Wooden Bedroom Furniture from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review and New Shipper
Review, 73 FR 49162 (August 20, 2008)).
12 See, e.g., Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished, From the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2010–
2011, 78 FR 3396, 3397 (January 16, 2013).
13 The PRC-Wide Entity includes all entities for
which the Department initiated a review but which
did not establish their eligibility for a separate rate.
See Preliminary Results, 78 FR at 40694, and
accompanying Preliminary Decision Memorandum
at 5–8.
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Weightedaverage
dumping
margin
(percent)
Exporter
Producer
Haining Automann Parts Co., Ltd ..............................................
Zhejiang Zhengda Bearing Co., Ltd ...........................................
Haining Automann Parts Co., Ltd ..............................................
Zhejiang Zhengda Bearing Co., Ltd ...........................................
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Disclosure
We intend to disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1), the
Department has determined, and
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise and deposits of estimated
duties, where applicable, in accordance
with the final results of this review and
these NSRs. The Department intends to
issue assessment instructions to CBP 15
days after the date of publication of
these final results of reviews.
For an individually-examined
respondent (either exporter or producer
and exporter combination specified
above) whose weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.50 percent), we
calculated importer-specific assessment
rates for entries subject to this review.
For entries exported by CPZ/SKF and
for entries produced and exported by
Automann, we calculated an ad valorem
rate for each importer by dividing the
total amount of dumping calculated for
the importer’s examined sales by the
total entered values associated with
those sales. For duty assessment rates
calculated on this basis, we will direct
CBP to assess the resulting ad valorem
rate against the entered customs values
for the subject merchandise. We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review where an importerspecific assessment rate is not zero or de
minimis. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis,14 or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.15
The Department recently announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for entries that were not
14 Id.
15 See
19 CFR 351.106(c)(2).
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reported in the U.S. sales databases
submitted by companies individually
examined during this review, the
Department will instruct CBP to
liquidate such entries at the rate
applicable for the PRC-wide entity.16
Additionally, if the Department
determines that an exporter had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
at that exporter’s rate) will be liquidated
at the rate applicable for the PRC-wide
entity.17
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 which 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 de minimis, then a cash deposit rate
of zero will be established for that
company); (2) for previously
investigated or reviewed PRC and nonPRC exporters not listed above that have
separate rates, the cash deposit rate will
continue to be the exporter-specific rate
published for the most recently
completed segment of this proceeding;
(3) for all PRC 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 PRCwide entity, 92.84 percent; and (4) for
all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied that non-PRC
exporter.
With respect to the NSRs, consistent
with the Department’s practice,18 the
16 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
17 Id.
18 See Certain New Pneumatic Off-the-Road Tires
From the People’s Republic of China: Final Results
of Antidumping Duty New Shipper Review; 2011–
2012, 78 FR 33341, 33342 (June 4, 2013).
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60.25
0.00
Department has established a
combination cash deposit rate for
Automann and Zhengda as follows: (1)
For subject merchandise exported and
produced by Automann or Zhengda, the
cash deposit rate will be the rate
established for each producer and
exporter combination in the final results
of these reviews; (2) for subject
merchandise exported by Automann or
Zhengda but not produced by the same
company, the cash deposit rate will be
the rate for the PRC-wide entity, 92.84
percent; (3) for subject merchandise
produced by Automann or Zhengda but
not exported by the same company, the
cash deposit rate will be the rate
applicable to that exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a final
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 the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing these
results of review in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.222.
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Dated: January 16, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix—List of Topics Discussed in
the Issues and Decision Memo
General Issues
1. Surrogate Value for Truck Freight
2. Using the Annual Report of NSK Bearing
Company (Thailand) Limited To
Calculate Surrogate Financial Ratios
CPZ/SKF Issues
3. Consideration of an Alternative
Comparison Method in Administrative
Reviews
4. Differential Pricing Analysis
5. Value of Steel Used in Products Produced
by the Peer Bearing Company
6. Factors of Production Used in Determining
Normal Value
Automann Issue
7. Surrogate Value for Sensors
[FR Doc. 2014–01503 Filed 1–24–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–971]
Multilayered Wood Flooring From the
People’s Republic of China:
Preliminary Results of Countervailing
Duty Administrative Review; 2011
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
countervailing duty (CVD) order on
multilayered wood flooring (wood
flooring) from the People’s Republic of
China (PRC). The period of review
(POR) is April 6, 2011, through
December 31, 2011. This review covers
multiple exporters/producers, two of
which are being individually reviewed
as mandatory respondents, and another
is being individually reviewed as a
voluntary respondent. We preliminarily
find that the mandatory respondents,
Armstrong Wood Products (Kunshan)
Co., Ltd. (Armstrong) and The Lizhong
Wood Industry Limited Company of
Shanghai (Lizhong) (also known as,
‘‘Shanghai Lizhong Wood Products Co.,
Ltd.’’), as well as the voluntary
respondent, Fine Furniture (Shanghai)
Limited (Fine Furniture), received
countervailable subsidies during the
POR. The mandatory respondents’ CVD
rates have been used to calculate the
rate applied to the other firms subject to
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AGENCY:
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this review. The Department also
intends to rescind the review of one
company, Changzhou Hawd Flooring
Co., Ltd., that timely certified that it had
no shipments of subject merchandise to
the United States during the POR.
Interested parties are invited to
comments on these preliminary results.
DATES: Effective Date: January 27, 2014.
FOR FURTHER INFORMATION CONTACT:
Catherine Cartsos, Mary Kolberg, Joshua
Morris, or Austin Redington, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1757, (202) 482–
1785, (202) 482–1779, or (202) 482–
1664, respectively.
Scope of the Order
Multilayered wood flooring is
composed of an assembly of two or
more layers or plies of wood veneer(s) 1
in combination with a core. Imports of
the subject merchandise are provided
for under the following subheadings of
the Harmonized Tariff Schedule of the
United States (HTSUS): 4412.31.0520;
4412.31.0540; 4412.31.0560;
4412.31.2510; 4412.31.2520;
4412.31.4040; 4412.31.4050;
4412.31.4060; 4412.31.4070;
4412.31.5125; 4412.31.5135;
4412.31.5155; 4412.31.5165;
4412.31.6000; 4412.31.9100;
4412.32.0520; 4412.32.0540;
4412.32.0560; 4412.32.2510;
4412.32.2520; 4412.32.3125;
4412.32.3135; 4412.32.3155;
4412.32.3165; 4412.32.3175;
4412.32.3185; 4412.32.5600;
4412.39.1000; 4412.39.3000;
4412.39.4011; 4412.39.4012;
4412.39.4019; 4412.39.4031;
4412.39.4032; 4412.39.4039;
4412.39.4051; 4412.39.4052;
4412.39.4059; 4412.39.4061;
4412.39.4062; 4412.39.4069;
4412.39.5010; 4412.39.5030;
4412.39.5050; 4412.94.1030;
4412.94.1050; 4412.94.3105;
4412.94.3111; 4412.94.3121;
4412.94.3131; 4412.94.3141;
4412.94.3160; 4412.94.3171;
4412.94.4100; 4412.94.5100;
4412.94.6000; 4412.94.7000;
4412.94.8000; 4412.94.9000;
4412.94.9500; 4412.99.0600;
4412.99.1020; 4412.99.1030;
4412.99.1040; 4412.99.3110;
4412.99.3120; 4412.99.3130;
4412.99.3140; 4412.99.3150;
4412.99.3160; 4412.99.3170;
1 A ‘‘veneer’’ is a thin slice of wood, rotary cut,
sliced or sawed from a log, bolt or flitch. Veneer is
referred to as a ply when assembled.
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4412.99.4100; 4412.99.5100;
4412.99.5710; 4412.99.6000;
4412.99.7000; 4412.99.8000;
4412.99.9000; 4412.99.9500;
4418.71.2000; 4418.71.9000;
4418.72.2000; and 4418.72.9500.
While HTSUS subheadings are
provided for convenience and customs
purposes, the written product
description remains dispositive.
A full description of the scope of the
order is contained in the memorandum
from Thomas Gilgunn, Acting Director,
Office I, Antidumping and
Countervailing Duty Operations to
Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations,
‘‘Decision Memorandum for Preliminary
Results of Countervailing Duty
Administrative Review: Multilayered
Wood Flooring from the People’s
Republic of China’’ dated concurrently
with this notice (Preliminary Decision
Memorandum), which is hereby
adopted by 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 (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov and in
the Central Records Unit, room 7046 of
the main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
on the internet at https://trade.gov/
enforcement/. The signed Preliminary
Decision Memorandum and the
electronic versions of the Preliminary
Decision Memorandum are identical in
content.
Intent to Partially Rescind
Administrative Review
On March 28, 2013, we received a
timely filed no shipment certification
from Changzhou Hawd Flooring Co.,
Ltd. Because there is no evidence on the
record to indicate that this company had
sales of subject merchandise during the
POR, pursuant to 19 CFR 351.213(d)(3),
the Department intends to rescind the
review with respect to Changzhou Hawd
Flooring Co., Ltd. A final decision
regarding whether to rescind on this
company will be made in the final
results of this review.
Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found
countervailable, we preliminarily
E:\FR\FM\27JAN1.SGM
27JAN1
]]>Agencies
[Federal Register Volume 79, Number 17 (Monday, January 27, 2014)]
[Notices]
[Pages 4327-4330]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01503]
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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 the
2011-2012 Antidumping Duty Administrative Review and New Shipper
Reviews
AGENCY: Enforcement and Compliance, Formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On July 8, 2013, the Department of Commerce (the Department)
published the preliminary results of the 25th administrative review and
two new shipper reviews (NSRs) of the antidumping duty order on tapered
roller bearings and parts thereof, finished and unfinished (TRBs), from
the People's Republic of China (PRC).\1\ The period of review (POR) is
June 1, 2011, through May 31, 2012. Based on our analysis of the
comments received, we have made certain changes in the margin
calculations. Therefore, the final results differ from the preliminary
results. The final weighted-average dumping margins for the reviewed
firms are listed below in the section entitled ``Final Results of the
Review.''
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\1\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, From the People's Republic of China: Preliminary Results
of Antidumping Duty Administrative Review and New Shipper Reviews;
2011-2012, 78 FR 40692 (July 8, 2013) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
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DATES: Effective Date: January 27, 2014.
FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or Alan Ray, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6345 or (202) 482-5463, respectively.
Background
The administrative review covers six exporters of the subject
merchandise, of which the Department selected Changshan Peer Bearing
Co. Ltd. (CPZ/SKF) as a mandatory respondent for individual
examination. The respondents which were not selected for individual
examination are listed in the ``Final Results of the Review'' section
of this notice. The NSRs cover Haining Automann Parts Co., Ltd.
(Automann), and Zhejiang Zhengda Bearing Co., Ltd. (Zhengda).
On July 8, 2013, the Department published the Preliminary Results.
In August 2013, we received case and rebuttal briefs from The Timken
Company (the petitioner), as well as from CPZ/SKF, Automann, and
Zhengda.
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\2\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. If the new deadline falls on a non-business day, in accordance
with the Department's practice, the deadline will become the next
business day. Furthermore, on November 12, 2013, the Department
extended the final results in the current review to no later than
January 21, 2014.\3\
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\2\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government,'' dated October 18, 2013.
\3\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Blaine Wiltse, Senior International Trade Compliance Analyst, Office
II, Antidumping and Countervailing Duty Operations, entitled,
``Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, from the People's Republic of China: Extension of
Deadline for Final Results of Antidumping Duty Administrative Review
and New Shipper Reviews,'' dated November 12, 2013.
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The Department has conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
Scope of the Order
The merchandise covered by the order includes tapered roller
bearings. The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
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. The HTSUS subheadings are provided for convenience
and customs purposes only; the written
[[Page 4328]]
description of the scope of the order \4\ is dispositive.\5\
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\4\ See Notice of 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).
\5\ For a complete description of the scope of the Order, see
the ``Issues and Decision Memorandum for the Antidumping Duty
Administrative Review and New Shipper Reviews (2011-2012): Tapered
Roller Bearings and Parts Thereof, Finished and Unfinished, from the
People's Republic of China,'' from James Maeder, Director, Office
II, Antidumping and Countervailing Duty Operations, to Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, dated concurrently with, and adopted by, this
notice (Issues and Decision Memo).
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PRC-Wide Entity
The Department initiated a review of two companies, Ningbo General
Bearing Co., Ltd. (NGBC) and Timken de Mexico S.A. de C.V. (Timken
Mexico), which did not provide separate rate applications. Because
these companies do not already have separate rates, they remain part of
the PRC-wide entity in this review.\6\ Accordingly, the PRC-wide entity
is under review for these final results. In non-market economy (NME)
proceedings, ``rates'' may consist of a single weighted-average dumping
margin applicable to all exporters and producers.\7\ Therefore, we
assigned the PRC-wide entity a rate of 92.84 percent, the rate most
recently assigned to the PRC-wide entity in this proceeding.\8\ We have
received no information since the issuance of the Preliminary Results
that provides a basis for reconsidering this determination, and we
will, therefore, continue to apply the rate of 92.84 percent to the
PRC-wide entity, including NGBC and Timken Mexico.
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\6\ See Preliminary Results, 78 FR at 40694, and accompanying
Preliminary Decision Memorandum at 5-7.
\7\ See 19 CFR 351.107(d).
\8\ 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 (January
22, 2009).
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Separate Rates
In the Preliminary Results, we found that Dana Heavy Axle S.A. de
C.V. (DHAM), a separate-rate respondent, is a wholly foreign-owned
company with no PRC ownership and, therefore, it demonstrated its
eligibility for a separate rate.\9\ For the final results, we continue
to find no evidence indicating that DHAM is under the control of the
PRC and, accordingly, have granted separate rate status to DHAM.
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\9\ See Preliminary Results, 78 FR at 40694, and accompanying
Preliminary Decision Memorandum at 6.
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Also as stated in the Preliminary Results, evidence provided by
Automann, CPZ/SKF, Zhejiang Sihe Machine Co., Ltd. (Sihe), Zhejiang
Zhaofeng Mechanical and Electronic Co., Ltd. (Zhaofeng), and Zhengda,
supported finding an absence of both de jure and de facto government
control, and, therefore, we preliminarily granted a separate rate to
each of these companies.\10\ We have received no information since the
issuance of the Preliminary Results that provides a basis for
reconsidering this determination. Therefore, for the final results, we
continue to find that Automann, CPZ/SKF, Sihe, Zhaofeng, and Zhengda
are eligible for a separate rate.
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\10\ See Preliminary Results, 78 FR at 40694, and accompanying
Preliminary Decision Memorandum at 7.
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Weighted-Average Dumping Margin for the Non-Examined, Separate-Rate
Companies
For the exporters subject to a review that are determined to be
eligible for a separate rate, but are not selected as individually
examined respondents, the Department generally weight averages the
rates calculated for the individually examined respondents, excluding
any rates that are zero, de minimis, or based entirely on facts
available.\11\ In this instance, the only individually-examined company
is CPZ/SKF, which has a rate that is not zero, de minimis, or based
entirely on facts available. Accordingly, consistent with the
Department's practice,\12\ we have determined that the weighted-average
dumping margin to be assigned to the separate rate respondents not
individually examined (i.e., DHAM, Sihe, and Zhaofeng) should be the
weighted-average dumping margin calculated for the mandatory
respondent, CPZ/SKF.
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\11\ See, e.g., Wooden Bedroom Furniture From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review, Preliminary Results of New Shipper Review and
Partial Rescission of Administrative Review, 73 FR 8273, 8279
(February 13, 2008) (unchanged in Wooden Bedroom Furniture from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review and New Shipper Review, 73 FR 49162 (August
20, 2008)).
\12\ See, e.g., Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review; 2010-2011, 78 FR
3396, 3397 (January 16, 2013).
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Analysis of Comments Received
All issues raised in the case briefs by parties to this
administrative review and NSRs are addressed in the Issues and Decision
Memo. A list of the issues which parties raised and to which we respond
in the Issues and Decision Memo is attached to this notice as an
Appendix. The Issues and Decision Memo is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
IA ACCESS is available to registered users at https://iaaccess.trade.gov, and it is available to all parties in the Central
Records Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Issues and Decision Memo can be
accessed directly at https://enforcement.trade.gov/frn/. The signed
Issues and Decision Memo and the electronic version of the Issues and
Decision Memo are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made changes in
the margin calculations for all respondents. These changes are
discussed in the relevant sections of the Issues and Decision Memo and
company-specific analysis memos, as appropriate.
Period of Review
The POR is June 1, 2011, through May 31, 2012.
Final Results of the Review
Regarding the administrative review, we are assigning the following
weighted-average dumping margins to the firms listed below for the
period June 1, 2011, through May 31, 2012, as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Changshan Peer Bearing Co., Ltd............................ 0.74
Dana Heavy Axle S.A. de C.V.*.............................. 0.74
Zhejiang Sihe Machine Co., Ltd*............................ 0.74
Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd.*..... 0.74
PRC-Wide Entity \13\....................................... 92.84
------------------------------------------------------------------------
* This company applied for or demonstrated eligibility for a separate
rate in this administrative review. The rate for this company is the
calculated weighted-average dumping margin for CPZ/SKF.
Regarding the NSRs, we are assigning the following weighted-average
dumping margins to the firms listed below for the period June 1, 2011,
through May 31, 2012:
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\13\ The PRC-Wide Entity includes all entities for which the
Department initiated a review but which did not establish their
eligibility for a separate rate. See Preliminary Results, 78 FR at
40694, and accompanying Preliminary Decision Memorandum at 5-8.
[[Page 4329]]
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping
margin
(percent)
------------------------------------------------------------------------
Haining Automann Parts Co., Ltd... Haining Automann 60.25
Parts Co., Ltd.
Zhejiang Zhengda Bearing Co., Ltd. Zhejiang Zhengda 0.00
Bearing Co., Ltd.
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this proceeding
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), the Department has determined, and Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise and deposits of estimated duties, where
applicable, in accordance with the final results of this review and
these NSRs. The Department intends to issue assessment instructions to
CBP 15 days after the date of publication of these final results of
reviews.
For an individually-examined respondent (either exporter or
producer and exporter combination specified above) whose weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.50
percent), we calculated importer-specific assessment rates for entries
subject to this review. For entries exported by CPZ/SKF and for entries
produced and exported by Automann, we calculated an ad valorem rate for
each importer by dividing the total amount of dumping calculated for
the importer's examined sales by the total entered values associated
with those sales. For duty assessment rates calculated on this basis,
we will direct CBP to assess the resulting ad valorem rate against the
entered customs values for the subject merchandise. We will instruct
CBP to assess antidumping duties on all appropriate entries covered by
this review where an importer-specific assessment rate is not zero or
de minimis. Where either the respondent's weighted-average dumping
margin is zero or de minimis,\14\ or an importer-specific assessment
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\15\
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\14\ Id.
\15\ See 19 CFR 351.106(c)(2).
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The Department recently announced a refinement to its assessment
practice in NME cases. Pursuant to this refinement in practice, for
entries that were not reported in the U.S. sales databases submitted by
companies individually examined during this review, the Department will
instruct CBP to liquidate such entries at the rate applicable for the
PRC-wide entity.\16\ Additionally, if the Department determines that an
exporter had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number (i.e., at that
exporter's rate) will be liquidated at the rate applicable for the PRC-
wide entity.\17\
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\16\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
\17\ Id.
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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 which 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 de minimis, then a cash
deposit rate of zero will be established for that company); (2) for
previously investigated or reviewed PRC and non-PRC exporters not
listed above that have separate rates, the cash deposit rate will
continue to be the exporter-specific rate published for the most
recently completed segment of this proceeding; (3) for all PRC
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 PRC-wide entity, 92.84 percent; and (4) for all non-PRC exporters
of subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporter that
supplied that non-PRC exporter.
With respect to the NSRs, consistent with the Department's
practice,\18\ the Department has established a combination cash deposit
rate for Automann and Zhengda as follows: (1) For subject merchandise
exported and produced by Automann or Zhengda, the cash deposit rate
will be the rate established for each producer and exporter combination
in the final results of these reviews; (2) for subject merchandise
exported by Automann or Zhengda but not produced by the same company,
the cash deposit rate will be the rate for the PRC-wide entity, 92.84
percent; (3) for subject merchandise produced by Automann or Zhengda
but not exported by the same company, the cash deposit rate will be the
rate applicable to that exporter.
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\18\ See Certain New Pneumatic Off-the-Road Tires From the
People's Republic of China: Final Results of Antidumping Duty New
Shipper Review; 2011-2012, 78 FR 33341, 33342 (June 4, 2013).
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These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a final 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 the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing these results of review in accordance
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.222.
[[Page 4330]]
Dated: January 16, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix--List of Topics Discussed in the Issues and Decision Memo
General Issues
1. Surrogate Value for Truck Freight
2. Using the Annual Report of NSK Bearing Company (Thailand) Limited
To Calculate Surrogate Financial Ratios
CPZ/SKF Issues
3. Consideration of an Alternative Comparison Method in
Administrative Reviews
4. Differential Pricing Analysis
5. Value of Steel Used in Products Produced by the Peer Bearing
Company
6. Factors of Production Used in Determining Normal Value
Automann Issue
7. Surrogate Value for Sensors
[FR Doc. 2014-01503 Filed 1-24-14; 8:45 am]
BILLING CODE 3510-DS-P
