Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review and Final Results of the New Shipper Review; 2012-2013, 4244-4247 [2015-01489]

Download as PDF 4244 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Notices the period of review (POR) November 20, 2008, through October 31, 2009,2 and is amending the Final Results with respect to the weighted-average dumping margin assigned to Papierfabrik August Koehler AG (Koehler). DATES: Effective Date: January 10, 2015. FOR FURTHER INFORMATION CONTACT: Stephanie Moore or George McMahon, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3692 and (202) 482–1167, respectively. SUPPLEMENTARY INFORMATION: Background asabaliauskas on DSK5VPTVN1PROD with NOTICES On April 20, 2011, the Department published its Final Results in which it assigned Koehler a weighted-average dumping margin of 3.77 percent.3 At the CIT, Koehler challenged the Department’s determination to deny Koehler’s claimed adjustment for certain home market rebates in the Final Results.4 Upon review, the CIT remanded the Final Results, holding that the Department’s decision to disallow an adjustment to Koehler’s normal value for its monthly home market rebates (monatsbonus) was unsupported by law because the governing regulations 5 did not give the Department the discretion not to allow for such an adjustment.6 On remand, the Department reconsidered its findings and determined, under protest, that the court’s interpretation of the relevant regulations resulted in no alternative but to alter the Final Results by granting the home market rebate price adjustment claimed by Koehler.7 The resulting recalculated rate for Koehler is 0.03 percent, which is de minimis.8 On December 31, 2014, the CIT entered final judgment affirming the Remand Redetermination.9 2 See Lightweight Thermal Paper From Germany: Notice of Final Results of the First Antidumping Duty Administrative Review, 76 FR 22078 (April 20, 2011) (Final Results). 3 Id. 4 See Papierfabrik August Koehler AG v. United States, Court No. 11–00147. 5 See 19 CFR 351.401(c) and 19 CFR 351.102(b)(38). 6 See Papierfabrik August Koehler AG v. United States, 971 F. Supp. 2d 1246, 1250–59 (CIT 2014). 7 See Remand Redetermination at 4–5. 8 Id. 9 See Papierfabrik August Koehler AG v. United States, Court No. 11–000147, Slip Op. 14–160 (CIT December 31, 2014). VerDate Sep<11>2014 18:01 Jan 26, 2015 Jkt 235001 Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is not ‘‘in harmony’’ with a Department determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s December 31, 2014 judgment affirming the Department’s Remand Redetermination with respect to Koehler constitutes a final decision of the Court that is not in harmony with the Department’s Final Results. This notice is published in fulfillment of the publication requirements of Timken. Amended Final Results Because there is now a final court decision, we are amending the Final Results with respect to Koehler’s margin for the period November 20, 2008, through October 31, 2009. The revised weighted-average dumping margin is as follows: Manufacturer/exporter Papierfabrik August Koehler AG. Weighted-average margin (percent) 0.03 (de minimis.) Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal, or, if appealed, pending a final and conclusive court decision. In the event the CIT’s final judgment is not appealed, or if appealed, upheld by the CAFC, the Department will instruct U.S. Customs and Border Protection to liquidate unliquidated entries of the subject merchandise exported by Koehler during the POR without regard to duties because Koehler’s revised rate, as determined in the Remand Redetermination, is de minimis.10 Cash Deposit Requirements Since the Final Results, the Department has established a new cash deposit rate for Koehler. Therefore, Koehler’s cash deposit rate does not need to be updated as a result of these amended final results. The cash deposit rate for Koehler will remain the company-specific rate established for the most recent period during which the respondent was reviewed, which is 0.00 percent.11 10 See 19 CFR 351.106(c)(2). Lightweight Thermal Paper From Germany: Final Results of Antidumping Duty Administrative Review; 2011–2012, 79 FR 34719 (June 18, 2014). 11 See PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: January 21, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–01505 Filed 1–26–15; 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 Antidumping Duty Administrative Review and Final Results of the New Shipper Review; 2012–2013 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On July 23, 2014, the Department of Commerce (the Department) published the preliminary results and partial rescission of the 26th administrative review and the preliminary results of one new shipper review (NSR) 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, 2012, through May 31, 2013. 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 Reviews.’’ DATES: Effective Date: January 27, 2015. FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or Steve Bailey, 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– 0193, respectively. AGENCY: 1 See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People’s Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review and Preliminary Results of the New Shipper Review; 2012–2013, 79 FR 42758 (July 23, 2014) (Preliminary Results), and accompanying Preliminary Decision Memorandum. E:\FR\FM\27JAN1.SGM 27JAN1 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Notices Background These final results of administrative review cover two exporters 2 of the subject merchandise, of which the Department selected Changshan Peer Bearing Co. Ltd. (CPZ/SKF) as a mandatory respondent for individual examination. The respondent which was not selected for individual examination, Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd. (Zhaofeng), is listed in the ‘‘Final Results of the Reviews’’ section of this notice. The NSR covers entries produced and exported by Shanghai Tainai Bearing Co., Ltd. (Tainai). On July 23, 2014, the Department published the Preliminary Results. In August 2014, we received case and rebuttal briefs from the Timken Company (the petitioner) and CPZ/SKF. In August 2014, we also received a rebuttal brief from Tainai. In September 2014, the Department held a public hearing at the request of the petitioner. On October 27, 2014, the Department extended the final results in these reviews to no later than January 20, 2015.3 The Department has conducted these reviews in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). 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. Although the HTSUS item numbers are provided for convenience and customs purposes, the written description of the scope of the Order is dispositive.5 Separate Rates In the Preliminary Results, we found that evidence provided by CPZ/SKF, Tainai, and Zhaofeng 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.6 We have received no information since the issuance of the Preliminary Results that provides a basis for reconsidering these determinations. Therefore, for the final results, we continue to find that CPZ/ SKF, Tainai, and Zhaofeng are eligible for a separate rate. Weighted-Average Dumping Margin for the Non-Examined, Separate-Rate Company asabaliauskas on DSK5VPTVN1PROD with NOTICES Scope of the Order The merchandise covered by the Order 4 includes tapered roller bearings tapered roller bearings and parts thereof, finished and unfinished, from the PRC; flange, take up cartridge, and hanger units incorporating tapered roller bearings; and tapered roller housings (except pillow blocks) incorporating tapered rollers, with or without spindles, whether or not for automotive use. These products are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) item numbers 8482.20.00, 8482.91.00.50, 8482.99.15, 8482.99.45, 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.7 In this administrative review, 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,8 we have determined that the weightedaverage dumping margin to be assigned to the separate rate respondent not individually examined (i.e., Zhaofeng) should be the weighted-average 2 This review originally covered four exporters. However, the Department rescinded the review with respect to Xiangyang Automobile Bearing Co., Ltd. and GGB Bearing Technology (Suzhou) Co., Ltd. in the Preliminary Results. See Preliminary Results, 79 FR at 42758–59. 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 Review,’’ dated October 27, 2014. 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) (Order). 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 Review (2012–2013): Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People’s Republic of China,’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Antidumping and Countervailing Duty Operations, dated concurrently with, and adopted by, this notice (Issues and Decision Memo). 6 See Preliminary Results, 79 FR at 42759, and accompanying Preliminary Decision Memorandum at 4–7. 7 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 VerDate Sep<11>2014 18:01 Jan 26, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 4245 dumping margin calculated for the mandatory respondent, CPZ/SKF. Analysis of Comments Received All issues which have been raised in the case briefs by parties to this administrative review and this NSR 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 (ACCESS).9 ACCESS is available to registered users at https:// access.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 http://enforcement.trade.gov/frn/ index.html. 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 CPZ/SKF and Tainai. These changes are discussed in the relevant sections of the Issues and Decision Memo and company-specific analysis memoranda, as appropriate. Period of Review The POR is June 1, 2012, through May 31, 2013. Final Results of the Reviews Regarding the administrative review, we are assigning the following weighted-average dumping margins to the firms listed below for the period June 1, 2012, through May 31, 2013: 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)). 8 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). 9 On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance’s AD and CVD Centralized Electronic Service System (‘‘IA ACCESS’’) to AD and CVD Centralized Electronic Service System (‘‘ACCESS’’). The Web site location was changed from http:// iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014). E:\FR\FM\27JAN1.SGM 27JAN1 4246 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Notices Weighted-average dumping margin (percent) Exporter Changshan Peer Bearing Co., Ltd .............................................................................................................................................. Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd * ........................................................................................................... 0.65 0.65 * This company demonstrated eligibility for a separate rate in this administrative review. As discussed above, the rate for this company is the calculated weighted-average dumping margin for CPZ/SKF. Regarding the NSR, we are assigning the following weighted-average dumping margin to the exporter/ producer combination listed below for the period June 1, 2012, through May 31, 2013: Exporter Producer Weighted-average dumping margin (percent) Shanghai Tainai Bearing Co., Ltd .......................................... Shanghai Tainai Bearing Co., Ltd .......................................... 0.00 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). asabaliauskas on DSK5VPTVN1PROD with NOTICES 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, where applicable, in accordance with the final results of these reviews. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of reviews. For each individually-examined respondent (either the exporter or producer and exporter combination specified above) whose weightedaverage 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 these reviews. For entries of subject merchandise exported by CPZ/SKF and for entries of subject merchandise produced and exported by Tainai, 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, in accordance with 19 CFR 351.212(b)(1). 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 VerDate Sep<11>2014 18:01 Jan 26, 2015 Jkt 235001 zero or de minimis, or an importerspecific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.10 For Zhaofeng, the ad valorem assessment rate will be equal to the weighted-average dumping margin assigned above in the final results of review. On October 24, 2011, the Department 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 the company individually examined during this review, the Department will instruct CBP to liquidate such entries at the rate applicable to the PRC-wide entity (i.e., 92.84 percent).11 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, the cash deposit rate will be equal to the weightedaverage 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 currently have separate a rate, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this 10 See 19 CFR 351.106(c)(2). Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 11 See PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 proceeding where the exporter received that separate rate; (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 separate rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. With respect to the NSR, consistent with the Department’s practice,12 the Department has established a producer/ exporter combination cash deposit rate for Tainai as follows: (1) For subject merchandise exported and produced by Tainai, the cash deposit rate will be equal to the weighted-average dumping margin for Tainai in the final results of this review; (2) for subject merchandise exported by Tainai but not produced by Tainai, the cash deposit rate will be the rate for the PRC-wide entity, 92.84 percent; (3) for subject merchandise produced by Tainai but not exported by Tainai, the cash deposit rate will be the rate applicable to that exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notifications 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 12 See e.g., 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). E:\FR\FM\27JAN1.SGM 27JAN1 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Notices subsequent assessment of double antidumping duties. Notifications 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), 751(a)(2)(B) and 777(i)(1) of the Act. Dated: January 20, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memo 1. Surrogate Value for Truck Freight 2. Using the Sigma Cap and Unreported Affiliate Distances 3. By-Products Offsets CPZ/SKF Issues 4. Collapsing of Shanghai General Bearing Co., Ltd. and CPZ/SKF 5. Adverse Facts Available for CPZ/SKF 6. Market Economy Purchases of Steel 7. Calculation of Input Freight 8. Including Certain Fees in International Freight Expenses 9. Treatment of Value Added Tax Tainai Issues 10. AFA for Tainai [FR Doc. 2015–01489 Filed 1–26–15; 8:45 a.m.] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–983] Drawn Stainless Steel Sinks From the People’s Republic of China: Final Rescission of Antidumping Duty New Shipper Review; 2012–2013 Enforcement of Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 30, 2014, the Department of Commerce (‘‘Department’’) published its preliminary intent to rescind the new shipper review (‘‘NSR’’) of the antidumping duty order on drawn stainless steel sinks (‘‘drawn sinks’’) from the People’s Republic of China asabaliauskas on DSK5VPTVN1PROD with NOTICES AGENCY: VerDate Sep<11>2014 18:01 Jan 26, 2015 Jkt 235001 (‘‘PRC’’) covering the period of review (‘‘POR’’) of October 4, 2012 through October 14, 2013 for Hubei Foshan Success Imp. & Exp. Co. Ltd. (‘‘Foshan Success’’).1 Based on our analysis of comments received subsequent to the Preliminary Rescission, the Department continues to find that Foshan Success’ sale was not bona fide. As a result, the Department is rescinding this NSR. DATES: Effective Date: January 27, 2015. FOR FURTHER INFORMATION CONTACT: Joy Zhang or Erin Begnal, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1168 or (202) 482– 1442, respectively. SUPPLEMENTARY INFORMATION: 4247 Final Rescission of New Shipper Review As we explain in the Issues and Decision Memorandum and in the proprietary Foshan Success Bona Fides Memorandum 5 issued with the Preliminary Rescission, due to the totality of circumstances, including the price and quantity of Foshan Success’ single sale and the importer’s failure to provide evidence that the subject merchandise was resold at a profit, we continue to find that Foshan Success’ sale is not bona fide. As a result, we are rescinding the new shipper review of Foshan Success. Analysis of Comments Received All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum, which is dated concurrently and is Background hereby adopted by this notice. A list of the issues raised in the briefs and On September 30, 2014, the addressed in the Issues and Decision Department published the Preliminary Rescission. On October 22, 2014, Foshan Memorandum is appended to this notice. The Issues and Decision Success submitted a case brief. On Memorandum is a public document and November 4, 2014, Petitioner 2 submitted a rebuttal brief. On December is on file electronically via Enforcement and Compliance’s centralized electronic 12, 2014, the Department extended the service system (‘‘ACCESS’’).6 ACCESS is time period for issuing the final results available to registered users at http:// by 30 days until January 21, 2015.3 access.trade.gov and in the Scope of the Order Department’s Central Records Unit, Room 7064 of the main Department of The products covered by the scope of the order are drawn stainless steel sinks Commerce building. In addition, a complete version of the Issues and with single or multiple drawn bowls, Decision Memorandum can be accessed with or without drain boards, whether directly on the Internet at http:// finished or unfinished, regardless of enforcement.trade.gov/frn/index.html. type of finish, gauge, or grade of stainless steel. The products covered by The signed and electronic versions of the Issues and Decision Memorandum this order are currently classified in the are identical in content. Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) under Cash Deposit Requirements statistical reporting numbers Effective upon publication of the final 7324.10.0000 and 7324.10.00.10. rescission of the NSR of Foshan Although the HTSUS subheadings are Success, the Department will instruct provided for convenience and customs CBP to discontinue the option of posting purposes, the written description of the a bond or security in lieu of a cash 4 scope is dispositive. 1 See Drawn Stainless Steel Sinks From the People’s Republic of China: Preliminary Intent To Rescind Antidumping Duty New Shipper Review; 2012–2013, 79 FR 58743 (September 30, 2014) (‘‘Preliminary Rescission’’). 2 Petitioner is Elkay Manufacturing Company. 3 See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, re: Extension of Deadline for Final Results of New Shipper Review of Drawn Stainless Steel Sinks From the People’s Republic of China, dated December 12, 2014. 4 See ‘‘Issues and Decision Memorandum for Final Results of Antidumping Duty New Shipper Review: Drawn Stainless Steel Sinks From the People’s Republic of China’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated concurrently with this notice (‘‘Issues and Decision Memorandum’’) and hereby PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 adopted by this notice, for a complete description of the Scope of the Order. 5 See Memorandum to Melissa Skinner, Director, Office III, Antidumping and Countervailing Duty Operations, through Erin Begnal, Program Manager, Office III, Antidumping and Countervailing Duty Operations, from Joy Zhang, International Trade Analyst, titled ‘‘Antidumping Duty New Shipper Review of Drawn Stainless Steel Sinks From the People’s Republic of China: Bona Fide Sales Analysis for Hubei Foshan Success Imp. & Exp. Co., Ltd.,’’ dated September 23, 2014. 6 On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance’s AD and CVD Centralized Electronic Service System (‘‘IA ACCESS’’) to AD and CVD Centralized Electronic Service System (‘‘ACCESS’’). The Web site location was changed from http:// iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014). E:\FR\FM\27JAN1.SGM 27JAN1

Agencies

[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Notices]
[Pages 4244-4247]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01489]


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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 
Antidumping Duty Administrative Review and Final Results of the New 
Shipper Review; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On July 23, 2014, the Department of Commerce (the Department) 
published the preliminary results and partial rescission of the 26th 
administrative review and the preliminary results of one new shipper 
review (NSR) 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, 2012, 
through May 31, 2013. 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 Reviews.''
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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 the Antidumping Duty Administrative Review 
and Preliminary Results of the New Shipper Review; 2012-2013, 79 FR 
42758 (July 23, 2014) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.

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DATES: Effective Date: January 27, 2015.

FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or Steve Bailey, 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) 482-0193, respectively.

[[Page 4245]]

Background

    These final results of administrative review cover two exporters 
\2\ of the subject merchandise, of which the Department selected 
Changshan Peer Bearing Co. Ltd. (CPZ/SKF) as a mandatory respondent for 
individual examination. The respondent which was not selected for 
individual examination, Zhejiang Zhaofeng Mechanical and Electronic 
Co., Ltd. (Zhaofeng), is listed in the ``Final Results of the Reviews'' 
section of this notice. The NSR covers entries produced and exported by 
Shanghai Tainai Bearing Co., Ltd. (Tainai).
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    \2\ This review originally covered four exporters. However, the 
Department rescinded the review with respect to Xiangyang Automobile 
Bearing Co., Ltd. and GGB Bearing Technology (Suzhou) Co., Ltd. in 
the Preliminary Results. See Preliminary Results, 79 FR at 42758-59.
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    On July 23, 2014, the Department published the Preliminary Results. 
In August 2014, we received case and rebuttal briefs from the Timken 
Company (the petitioner) and CPZ/SKF. In August 2014, we also received 
a rebuttal brief from Tainai. In September 2014, the Department held a 
public hearing at the request of the petitioner. On October 27, 2014, 
the Department extended the final results in these reviews to no later 
than January 20, 2015.\3\
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    \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 Review,'' dated October 27, 2014.
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    The Department has conducted these reviews 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 \4\ includes tapered roller 
bearings tapered roller bearings and parts thereof, finished and 
unfinished, from the PRC; flange, take up cartridge, and hanger units 
incorporating tapered roller bearings; and tapered roller housings 
(except pillow blocks) incorporating tapered rollers, with or without 
spindles, whether or not for automotive use. These products are 
currently classifiable under Harmonized Tariff Schedule of the United 
States (HTSUS) item numbers 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. Although the HTSUS item numbers are 
provided for convenience and customs purposes, the written description 
of the scope of the Order 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) (Order).
    \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 Review (2012-2013): Tapered 
Roller Bearings and Parts Thereof, Finished and Unfinished, From the 
People's Republic of China,'' from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Antidumping and Countervailing 
Duty Operations, dated concurrently with, and adopted by, this 
notice (Issues and Decision Memo).
---------------------------------------------------------------------------

Separate Rates

    In the Preliminary Results, we found that evidence provided by CPZ/
SKF, Tainai, and Zhaofeng 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.\6\ We have received 
no information since the issuance of the Preliminary Results that 
provides a basis for reconsidering these determinations. Therefore, for 
the final results, we continue to find that CPZ/SKF, Tainai, and 
Zhaofeng are eligible for a separate rate.
---------------------------------------------------------------------------

    \6\ See Preliminary Results, 79 FR at 42759, and accompanying 
Preliminary Decision Memorandum at 4-7.
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Weighted-Average Dumping Margin for the Non-Examined, Separate-Rate 
Company

    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.\7\ In this administrative review, 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,\8\ we have determined that the 
weighted-average dumping margin to be assigned to the separate rate 
respondent not individually examined (i.e., Zhaofeng) should be the 
weighted-average dumping margin calculated for the mandatory 
respondent, CPZ/SKF.
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    \7\ 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)).
    \8\ 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 which have been raised in the case briefs by parties to 
this administrative review and this NSR 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 
(ACCESS).\9\ ACCESS is available to registered users at https://access.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 http://enforcement.trade.gov/frn/index.html. The 
signed Issues and Decision Memo and the electronic version of the 
Issues and Decision Memo are identical in content.
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    \9\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (``ACCESS''). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
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Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made changes in 
the margin calculations for CPZ/SKF and Tainai. These changes are 
discussed in the relevant sections of the Issues and Decision Memo and 
company-specific analysis memoranda, as appropriate.

Period of Review

    The POR is June 1, 2012, through May 31, 2013.

Final Results of the Reviews

    Regarding the administrative review, we are assigning the following 
weighted-average dumping margins to the firms listed below for the 
period June 1, 2012, through May 31, 2013:

[[Page 4246]]



------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Changshan Peer Bearing Co., Ltd.....................                0.65
Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd                0.65
 *..................................................
------------------------------------------------------------------------
* This company demonstrated eligibility for a separate rate in this
  administrative review. As discussed above, the rate for this company
  is the calculated weighted-average dumping margin for CPZ/SKF.

    Regarding the NSR, we are assigning the following weighted-average 
dumping margin to the exporter/producer combination listed below for 
the period June 1, 2012, through May 31, 2013:

------------------------------------------------------------------------
                                                       Weighted-average
            Exporter                  Producer          dumping margin
                                                          (percent)
------------------------------------------------------------------------
Shanghai Tainai Bearing Co.,     Shanghai Tainai                   0.00
 Ltd.                             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, where applicable, in accordance with 
the final results of these reviews. The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
these final results of reviews.
    For each individually-examined respondent (either the 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 these reviews. For entries of subject merchandise exported 
by CPZ/SKF and for entries of subject merchandise produced and exported 
by Tainai, 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, 
in accordance with 19 CFR 351.212(b)(1). 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, 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.\10\ For Zhaofeng, the ad valorem assessment rate 
will be equal to the weighted-average dumping margin assigned above in 
the final results of review.
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    \10\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    On October 24, 2011, the Department 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 the company individually examined during this 
review, the Department will instruct CBP to liquidate such entries at 
the rate applicable to the PRC-wide entity (i.e., 92.84 percent).\11\
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    \11\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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, 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 currently 
have separate a 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 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 separate rate, the cash deposit rate will be the rate 
applicable to the PRC exporter that supplied that non-PRC exporter.
    With respect to the NSR, consistent with the Department's 
practice,\12\ the Department has established a producer/exporter 
combination cash deposit rate for Tainai as follows: (1) For subject 
merchandise exported and produced by Tainai, the cash deposit rate will 
be equal to the weighted-average dumping margin for Tainai in the final 
results of this review; (2) for subject merchandise exported by Tainai 
but not produced by Tainai, the cash deposit rate will be the rate for 
the PRC-wide entity, 92.84 percent; (3) for subject merchandise 
produced by Tainai but not exported by Tainai, the cash deposit rate 
will be the rate applicable to that exporter.
---------------------------------------------------------------------------

    \12\ See e.g., 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).
---------------------------------------------------------------------------

    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notifications 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

[[Page 4247]]

subsequent assessment of double antidumping duties.

Notifications 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), 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: January 20, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision Memo

1. Surrogate Value for Truck Freight
2. Using the Sigma Cap and Unreported Affiliate Distances
3. By-Products Offsets

CPZ/SKF Issues

4. Collapsing of Shanghai General Bearing Co., Ltd. and CPZ/SKF
5. Adverse Facts Available for CPZ/SKF
6. Market Economy Purchases of Steel
7. Calculation of Input Freight
8. Including Certain Fees in International Freight Expenses
9. Treatment of Value Added Tax

Tainai Issues

10. AFA for Tainai

[FR Doc. 2015-01489 Filed 1-26-15; 8:45 a.m.]
BILLING CODE 3510-DS-P