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]
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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).
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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
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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.
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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
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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 https://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 https://
iaaccess.trade.gov to https://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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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
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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
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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).
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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:
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(‘‘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 https://
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 https://
finished or unfinished, regardless of
enforcement.trade.gov/frn/.
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
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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 https://
iaaccess.trade.gov to https://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).
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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.
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\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 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.
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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 https://iaaccess.trade.gov to https://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.
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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, 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).
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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.
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\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).
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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
