Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 38665-38667 [2015-16647]
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Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices
Administrative Protective Orders
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of solid urea
from Russia entered, or withdrawn from
warehouse, for consumption on or after
the date of publication as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rate for MCC EuroChem will be
0.00 percent, the weighted average
dumping margin established in the final
results of this administrative review; (2)
for previously reviewed or investigated
companies not listed above, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original investigation but
the manufacturer is, the cash deposit
rate will be the rate established for the
manufacturer of the merchandise for the
most recently completed segment of this
proceeding; (4) the cash deposit rate for
all other manufacturers or exporters will
continue to be 64.93 percent, the allothers rate established in the original
less-than-fair-value (LTFV)
investigation.4 The rate established in
the LTFV investigation for the Soviet
Union was applied to each new
independent state, including Russia.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
tkelley on DSK3SPTVN1PROD with NOTICES
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
4 See Urea From the Union of Soviet Socialist
Republics; Final Determination of Sales at Less
Than Fair Value, 52 FR 19557 (May 26, 1987). Also
note that following the break-up of the Soviet
Union, the antidumping duty order on solid urea
from the Soviet Union was transferred to the
individual members of the Commonwealth of
Independent States. See Solid Urea From the Union
of Soviet Socialist Republics; Transfer of the
Antidumping Order on Solid Urea From the Union
of Soviet Socialist Republics to the Commonwealth
of Independent States and the Baltic States and
Opportunity to Comment, 57 FR 28828 (June 29,
1992).
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This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
The Department is issuing and
publishing these final results of
administrative review in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213(h).
Dated: June 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–16636 Filed 7–6–15; 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:
Preliminary Results of Antidumping
Duty Administrative Review; 2013–
2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) is conducting an
administrative review of the
antidumping duty order on tapered
roller bearings and parts thereof,
finished and unfinished (TRBs), from
the People’s Republic of China (PRC).
The administrative review covers four
exporters, of which the Department
selected two mandatory respondents for
individual examination (i.e., Changshan
Peer Bearing Co. Ltd. (CPZ/SKF); and
Yantai CMC Bearing Co., Ltd. (Yantai
CMC)). The period of review (POR) is
June 1, 2013, through May 31, 2014.
We preliminarily determine that sales
of subject merchandise have been made
below normal value (NV). In addition,
we preliminarily determine, in
accordance with 19 CFR 351.401(f), to
treat affiliated producers, CPZ/SKF and
Shanghai General Bearing Co., Ltd.
AGENCY:
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38665
(SGBC) as a single entity.1 If these
preliminary results are adopted in the
final results of this review, we will
instruct U.S. Customs and Border
Protection (CBP) to assess antidumping
duties on all appropriate entries.
Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: July 7, 2015.
FOR FURTHER INFORMATION CONTACT:
Stephen Bailey or Blaine Wiltse,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0193 or (202) 482–6345,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by the order
includes tapered roller bearings. The
subject merchandise is currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings: 8482.20.00, 8482.91.00.50,
8482.99.15, 8482.99.45, 8483.20.40,
8483.20.80, 8483.30.80, 8483.90.20,
8483.90.30, 8483.90.80, 8708.70.6060,
8708.99.2300, 8708.99.4850,
8708.99.6890, 8708.99.8115, and
8708.99.8180. The HTSUS subheadings
are provided for convenience and
customs purposes only; the written
description of the scope of the order is
dispositive.2
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act). As noted above,
there are two mandatory respondents in
this administrative review: CPZ/SGBC
and Yantai CMC. For CPZ/SGBC, we
calculated constructed export prices in
accordance with section 772 of the Act.
1 The collapsed entity is hereinafter referred to as
CPZ/SGBC. For further discussion, see
memorandum from The Team to Melissa Skinner,
Director Office II, dated June 30, 2015, entitled
‘‘Whether to Collapse Changshan Peer Bearing
Company Ltd. and Shanghai General Bearing
Company Ltd. in the 2013–2014 Antidumping Duty
Administrative Review of Tapered Roller Bearings
and Parts Thereof, Finished and Unfinished, from
the People’s Republic of China,’’ (Collapsing
Memorandum).
2 For a complete description of the scope of the
order, see memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, dated June 30, 2015 entitled ‘‘Decision
Memorandum for the Preliminary Results of the
2013–2014 Antidumping Duty Administrative
Review of Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished, from the
People’s Republic of China’’ (Preliminary Decision
Memorandum), issued concurrently with and
hereby adopted by this notice.
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Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices
Because the PRC is a non-market
economy (NME) within the meaning of
section 771(18) of the Act, normal value
has been calculated in accordance with
section 773(c) of the Act.
For Yantai CMC, we preliminarily
find that this respondent is ineligible for
a separate rate because it has failed to
demonstrate an absence of de facto
government control in this
administrative review. Therefore, we
did not calculate a separate margin for
Yantai CMC.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit, room B0824 of the
main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html. The signed Preliminary
Decision Memorandum and the
electronic version of the Preliminary
Decision Memorandum are identical in
content. A list of the topics discussed in
the Preliminary Decision Memorandum
is attached as the Appendix to this
notice.
tkelley on DSK3SPTVN1PROD with NOTICES
Rate for Non-Examined Companies
Which Are Eligible for a Separate Rate
The statute and the Department’s
regulations do not address the
establishment of the rate applied to
individual respondents not selected for
individual examination when the
Department limits its examination in an
administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
the Department looks to section
735(c)(5) of the Act, which provides
instructions for calculating the allothers rate in an investigation, for
guidance when calculating the rate for
separate-rate respondents that are not
examined individually in an
administrative review. Section
735(c)(5)(A) of the Act notes a
preference that we are not to calculate
an all-others rate using rates for
individually-examined respondents
which are zero, de minimis, or based
entirely on facts available. Section
735(c)(5)(B) of the Act provides that,
where all rates are zero, de minimis, or
based entirely on facts available, the
Department may use ‘‘any reasonable
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Jkt 235001
method’’ for assigning a rate to nonexamined respondents.
For these preliminary results, we
calculated a margin of zero percent for
CPZ/SGBC. Therefore, we preliminarily
determine that the application of the
rate from the previous administrative
review to the non-examined separaterate companies is consistent with
precedent 3 and the most appropriate
method to determine the separate rate in
the instant review. Pursuant to this
method, we are preliminarily assigning
the margin of 0.65 percent, the most
recent margin calculated for the nonexamined separate-rate respondents,4 to
the non-examined separate-rate
respondents in the instant review.
Preliminary Results of Review
Because Yantai CMC did not
demonstrate that it was entitled to a
separate rate, the Department
preliminarily finds Yantai CMC to be
part of the PRC-wide entity.5 The rate
previously established for the PRC-wide
entity is 92.84 percent.
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
period June 1, 2013, through May 31,
2014:
Weighted-average percent
margin
Exporters
Changshan Peer Bearing
Co., Ltd./Shanghai General
Bearing Co., Ltd.
Xinchang Kaiyuan Automotive Bearing Co., Ltd.*.
0.00 Percent.
0.65 Percent.
3 See e.g., Certain Frozen Warmwater Shrimp
From the People’s Republic of China: Preliminary
Results and Preliminary Partial Rescission of Fifth
Antidumping Duty Administrative Review, 76 FR
8338, 8342 (February 14, 2011), unchanged in
Administrative Review of Certain Frozen
Warmwater Shrimp From the People’s Republic of
China: Final Results and Partial Rescission of
Antidumping Duty Administrative Review, 76 FR
51940 (August 19, 2011).
4 This margin is from the 2012–2013
administrative review. See 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, 80 FR 4244 (January 27, 2015).
5 See Preliminary Decision Memorandum, at 8–9.
Pursuant to the Department’s change in practice,
the Department no longer considers the NME entity
as an exporter conditionally subject to
administrative reviews. See Antidumping
Proceedings: Announcement of Change in
Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional
Review of the Nonmarket Economy Entity in NME
Antidumping Duty Proceedings, 78 FR 65963,
65970 (November 4, 2013). Under this practice, the
NME entity will not be under review unless a party
specifically requests, or the Department selfinitiates, a review of the entity. Because no party
requested a review of the entity, the entity is not
under review and the entity’s rate is not subject to
change.
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Sfmt 4703
Exporters
Weighted-average percent
margin
Ningbo Xinglun Bearings Import & Export Co., Ltd.*.
0.65 Percent.
* This company demonstrated that it qualified for a separate rate in this administrative
review.
Disclosure and Public Comment
The Department will disclose
calculations performed for these
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Interested parties may
submit case briefs no later than 30 days
after the date of publication of these
preliminary results of review.6 Rebuttals
to case briefs may be filed no later than
five days after case briefs are filed and
all rebuttal briefs must be limited to
comments raised in the case briefs.
Parties who submit comments are
requested to submit with the argument:
(1) A statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.7
Any interested party may request a
hearing within 30 days of publication of
this notice.8 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the briefs.9
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230.10
All submissions, with limited
exceptions, must be filed electronically
using ACCESS. An electronically filed
document must be received successfully
in its entirety by 5 p.m. Eastern Time
(ET) on the due date. Documents
excepted from the electronic submission
requirements must be filed manually
(i.e., in paper form) with the APO/
Dockets Unit in Room 18022 and
stamped with the date and time of
receipt by 5 p.m. ET on the due date.
Unless otherwise extended, the
Department intends to issue the final
results of this administrative review,
which will include the results of its
analysis of all issues raised in the case
briefs, within 120 days of publication of
these preliminary results, pursuant to
section 751(a)(3)(A) of the Act.
See 19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d).
8 See 19 CFR 351.310(c).
9 Id.
10 See 19 CFR 351.310(d).
6
7 See
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Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.11 The Department intends to
issue assessment instructions to CBP 15
days after the publication of the final
results of this review. For each
individually-examined respondent in
this review (i.e., CPZ/SGBC) which has
a weighted-average dumping margin
which is not zero or de minimis (i.e.,
less than 0.5 percent), we will calculate
importer-specific assessment rates based
on the ratio of the total amount of
dumping calculated for the importer’s
examined sales to the total entered
value of those sales, in accordance with
19 CFR 351.212(b)(1).12 Where either
the respondent’s weighted-average
dumping margin is zero or de minimis,
or an importer-specific ad valorem
dumping margin is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
For the respondents which were not
selected for individual examination in
this administrative review and which
qualified for a separate rate, the
assessment rate will be equal to the
dumping margin assigned to the nonexamined separate-rate companies in
the 2012–2013 administrative review of
TRBs from the PRC.13
For the final results, if we continue to
treat Yantai CMC as part of the PRCwide entity, we will instruct CBP to
apply an ad valorem assessment rate of
92.84 percent to all entries of subject
merchandise during the POR which
were exported by Yantai CMC.
For entries that were not reported in
the U.S. sales databases submitted by
companies individually examined
during this review, the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate. In addition, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
11 See
19 CFR 351.212(b)(1).
these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012). The Department will limit the
application of this assessment rate to CPZ/SKF’s
entries of subject merchandise because SGBC’s
entries were not subject to the antidumping duty
order on TRBs during the POR. For further
discussion, see the Preliminary Decision
Memorandum.
13 See ‘‘Rate for Non-Examined Companies Which
Are Eligible for a Separate Rate’’ section, above.
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12 In
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Jkt 235001
exporter’s rate) will be liquidated at the
PRC-wide rate.14
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For the
exporters listed above which have a
separate rate, the cash deposit rate will
be the rate established in the final
results of this review (except, if the rate
is zero or de minimis, then a cash
deposit rate of zero will be established
for that company); (2) for previously
investigated or reviewed PRC and nonPRC exporters not listed above that have
separate rates, the cash deposit rate will
continue to be the exporter-specific rate
published for the most recently
completed segment of this proceeding;
(3) for all PRC exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate for the PRCwide entity, 92.84 percent; and (4) for
all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter(s) that supplied that non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(l) and
777(i)(l) of the Act, and 19 CFR
351.221(b)(4).
14 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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38667
Dated: June 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
a. Non-Market Economy Country
b. Separate Rates
c. Separate Rate for Non-Selected
Companies
d. Collapsing of CPZ With Another
Producer of TRBs
e. Surrogate Country
f. Date of Sale
g. Normal Value Comparisons
5. Conclusion
[FR Doc. 2015–16647 Filed 7–6–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Final Results of the
Changed Circumstances Review of
Lanling Qingshui Vegetable Foods Co.,
Ltd.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 23, 2015, the
Department of Commerce (Department)
published a notice of preliminary
results of a changed circumstance
review (CCR) of the antidumping duty
(AD) order on fresh garlic from the
People’s Republic of China (PRC) 1 in
response to a request from Lanling
Qingshui Vegetable Foods Co., Ltd.
(Qingshui), a producer/exporter of fresh
and peeled garlic from the PRC.2
Pursuant to section 751(b) of the Tariff
Act of 1930, as amended (the Act), and
19 CFR 351.216, the Department
preliminarily determined that Qingshui
is the successor-in-interest to Cangshan
Qingshui Vegetable Foods Co., Ltd.
(Cangshan Qingshui) for purposes of the
AD order on fresh garlic from the PRC,
and, as such, is entitled to Cangshan
Qingshui’s cash deposit rate with
respect to entries of subject
merchandise. We invited interested
parties to comment on the Preliminary
AGENCY:
1 See Antidumping Duty Order: Fresh Garlic from
the People’s Republic of China, 59 FR 59209
(November 16, 1994) (Order).
2 See Fresh Garlic from the People’s Republic of
China: Preliminary Results of the Changed
Circumstances Review of Lanling Qingshui
Vegetable Foods Co., Ltd., 80 FR 15192 (March 23,
2015) (Preliminary Results).
E:\FR\FM\07JYN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Notices]
[Pages 38665-38667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16647]
-----------------------------------------------------------------------
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: Preliminary Results of
Antidumping Duty Administrative Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) is conducting an
administrative review of the antidumping duty order on tapered roller
bearings and parts thereof, finished and unfinished (TRBs), from the
People's Republic of China (PRC). The administrative review covers four
exporters, of which the Department selected two mandatory respondents
for individual examination (i.e., Changshan Peer Bearing Co. Ltd. (CPZ/
SKF); and Yantai CMC Bearing Co., Ltd. (Yantai CMC)). The period of
review (POR) is June 1, 2013, through May 31, 2014.
We preliminarily determine that sales of subject merchandise have
been made below normal value (NV). In addition, we preliminarily
determine, in accordance with 19 CFR 351.401(f), to treat affiliated
producers, CPZ/SKF and Shanghai General Bearing Co., Ltd. (SGBC) as a
single entity.\1\ If these preliminary results are adopted in the final
results of this review, we will instruct U.S. Customs and Border
Protection (CBP) to assess antidumping duties on all appropriate
entries. Interested parties are invited to comment on these preliminary
results.
---------------------------------------------------------------------------
\1\ The collapsed entity is hereinafter referred to as CPZ/SGBC.
For further discussion, see memorandum from The Team to Melissa
Skinner, Director Office II, dated June 30, 2015, entitled ``Whether
to Collapse Changshan Peer Bearing Company Ltd. and Shanghai General
Bearing Company Ltd. in the 2013-2014 Antidumping Duty
Administrative Review of Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, from the People's Republic of China,''
(Collapsing Memorandum).
---------------------------------------------------------------------------
DATES: Effective Date: July 7, 2015.
FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Blaine Wiltse,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0193 or (202) 482-6345,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by the order includes tapered roller
bearings. The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
8482.20.00, 8482.91.00.50, 8482.99.15, 8482.99.45, 8483.20.40,
8483.20.80, 8483.30.80, 8483.90.20, 8483.90.30, 8483.90.80,
8708.70.6060, 8708.99.2300, 8708.99.4850, 8708.99.6890, 8708.99.8115,
and 8708.99.8180. The HTSUS subheadings are provided for convenience
and customs purposes only; the written description of the scope of the
order is dispositive.\2\
---------------------------------------------------------------------------
\2\ For a complete description of the scope of the order, see
memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, dated June 30,
2015 entitled ``Decision Memorandum for the Preliminary Results of
the 2013-2014 Antidumping Duty Administrative Review of Tapered
Roller Bearings and Parts Thereof, Finished and Unfinished, from the
People's Republic of China'' (Preliminary Decision Memorandum),
issued concurrently with and hereby adopted by this notice.
---------------------------------------------------------------------------
Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). As noted
above, there are two mandatory respondents in this administrative
review: CPZ/SGBC and Yantai CMC. For CPZ/SGBC, we calculated
constructed export prices in accordance with section 772 of the Act.
[[Page 38666]]
Because the PRC is a non-market economy (NME) within the meaning of
section 771(18) of the Act, normal value has been calculated in
accordance with section 773(c) of the Act.
For Yantai CMC, we preliminarily find that this respondent is
ineligible for a separate rate because it has failed to demonstrate an
absence of de facto government control in this administrative review.
Therefore, we did not calculate a separate margin for Yantai CMC.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov and in the Central Records
Unit, room B0824 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/.
The signed Preliminary Decision Memorandum and the electronic version
of the Preliminary Decision Memorandum are identical in content. A list
of the topics discussed in the Preliminary Decision Memorandum is
attached as the Appendix to this notice.
Rate for Non-Examined Companies Which Are Eligible for a Separate Rate
The statute and the Department's regulations do not address the
establishment of the rate applied to individual respondents not
selected for individual examination when the Department limits its
examination in an administrative review pursuant to section 777A(c)(2)
of the Act. Generally, the Department looks to section 735(c)(5) of the
Act, which provides instructions for calculating the all-others rate in
an investigation, for guidance when calculating the rate for separate-
rate respondents that are not examined individually in an
administrative review. Section 735(c)(5)(A) of the Act notes a
preference that we are not to calculate an all-others rate using rates
for individually-examined respondents which are zero, de minimis, or
based entirely on facts available. Section 735(c)(5)(B) of the Act
provides that, where all rates are zero, de minimis, or based entirely
on facts available, the Department may use ``any reasonable method''
for assigning a rate to non-examined respondents.
For these preliminary results, we calculated a margin of zero
percent for CPZ/SGBC. Therefore, we preliminarily determine that the
application of the rate from the previous administrative review to the
non-examined separate-rate companies is consistent with precedent \3\
and the most appropriate method to determine the separate rate in the
instant review. Pursuant to this method, we are preliminarily assigning
the margin of 0.65 percent, the most recent margin calculated for the
non-examined separate-rate respondents,\4\ to the non-examined
separate-rate respondents in the instant review.
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\3\ See e.g., Certain Frozen Warmwater Shrimp From the People's
Republic of China: Preliminary Results and Preliminary Partial
Rescission of Fifth Antidumping Duty Administrative Review, 76 FR
8338, 8342 (February 14, 2011), unchanged in Administrative Review
of Certain Frozen Warmwater Shrimp From the People's Republic of
China: Final Results and Partial Rescission of Antidumping Duty
Administrative Review, 76 FR 51940 (August 19, 2011).
\4\ This margin is from the 2012-2013 administrative review. See
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, 80 FR 4244 (January 27, 2015).
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Preliminary Results of Review
Because Yantai CMC did not demonstrate that it was entitled to a
separate rate, the Department preliminarily finds Yantai CMC to be part
of the PRC-wide entity.\5\ The rate previously established for the PRC-
wide entity is 92.84 percent.
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\5\ See Preliminary Decision Memorandum, at 8-9. Pursuant to the
Department's change in practice, the Department no longer considers
the NME entity as an exporter conditionally subject to
administrative reviews. See Antidumping Proceedings: Announcement of
Change in Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional Review of the Nonmarket
Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963,
65970 (November 4, 2013). Under this practice, the NME entity will
not be under review unless a party specifically requests, or the
Department self-initiates, a review of the entity. Because no party
requested a review of the entity, the entity is not under review and
the entity's rate is not subject to change.
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The Department preliminarily determines that the following
weighted-average dumping margins exist for the period June 1, 2013,
through May 31, 2014:
------------------------------------------------------------------------
Weighted-average percent
Exporters margin
------------------------------------------------------------------------
Changshan Peer Bearing Co., Ltd./Shanghai 0.00 Percent.
General Bearing Co., Ltd.
Xinchang Kaiyuan Automotive Bearing Co., 0.65 Percent.
Ltd.*.
Ningbo Xinglun Bearings Import & Export 0.65 Percent.
Co., Ltd.*.
------------------------------------------------------------------------
* This company demonstrated that it qualified for a separate rate in
this administrative review.
Disclosure and Public Comment
The Department will disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days after
the date of publication of these preliminary results of review.\6\
Rebuttals to case briefs may be filed no later than five days after
case briefs are filed and all rebuttal briefs must be limited to
comments raised in the case briefs. Parties who submit comments are
requested to submit with the argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.\7\
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\6\ See 19 CFR 351.309(c)(1)(ii).
\7\ See 19 CFR 351.309(d).
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Any interested party may request a hearing within 30 days of
publication of this notice.\8\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs.\9\ If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.\10\
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\8\ See 19 CFR 351.310(c).
\9\ Id.
\10\ See 19 CFR 351.310(d).
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All submissions, with limited exceptions, must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by 5 p.m. Eastern Time (ET) on
the due date. Documents excepted from the electronic submission
requirements must be filed manually (i.e., in paper form) with the APO/
Dockets Unit in Room 18022 and stamped with the date and time of
receipt by 5 p.m. ET on the due date.
Unless otherwise extended, the Department intends to issue the
final results of this administrative review, which will include the
results of its analysis of all issues raised in the case briefs, within
120 days of publication of these preliminary results, pursuant to
section 751(a)(3)(A) of the Act.
[[Page 38667]]
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\11\ The Department intends to issue assessment
instructions to CBP 15 days after the publication of the final results
of this review. For each individually-examined respondent in this
review (i.e., CPZ/SGBC) which has a weighted-average dumping margin
which is not zero or de minimis (i.e., less than 0.5 percent), we will
calculate importer-specific assessment rates based on the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total entered value of those sales, in accordance with 19 CFR
351.212(b)(1).\12\ Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific ad
valorem dumping margin is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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\11\ See 19 CFR 351.212(b)(1).
\12\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012). The Department will
limit the application of this assessment rate to CPZ/SKF's entries
of subject merchandise because SGBC's entries were not subject to
the antidumping duty order on TRBs during the POR. For further
discussion, see the Preliminary Decision Memorandum.
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For the respondents which were not selected for individual
examination in this administrative review and which qualified for a
separate rate, the assessment rate will be equal to the dumping margin
assigned to the non-examined separate-rate companies in the 2012-2013
administrative review of TRBs from the PRC.\13\
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\13\ See ``Rate for Non-Examined Companies Which Are Eligible
for a Separate Rate'' section, above.
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For the final results, if we continue to treat Yantai CMC as part
of the PRC-wide entity, we will instruct CBP to apply an ad valorem
assessment rate of 92.84 percent to all entries of subject merchandise
during the POR which were exported by Yantai CMC.
For entries that were not reported in the U.S. sales databases
submitted by companies individually examined during this review, the
Department will instruct CBP to liquidate such entries at the PRC-wide
rate. In addition, if the Department determines that an exporter under
review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number (i.e., at that
exporter's rate) will be liquidated at the PRC-wide rate.\14\
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\14\ For a full discussion of this practice, 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 which have a separate rate, the cash deposit rate will be
the rate established in the final results of this review (except, if
the rate is zero or de minimis, then a cash deposit rate of zero will
be established for that company); (2) for previously investigated or
reviewed PRC and non-PRC exporters not listed above that have separate
rates, the cash deposit rate will continue to be the exporter-specific
rate published for the most recently completed segment of this
proceeding; (3) for all PRC exporters of subject merchandise that have
not been found to be entitled to a separate rate, the cash deposit rate
will be the rate for the PRC-wide entity, 92.84 percent; and (4) for
all non-PRC exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the PRC exporter(s) that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19
CFR 351.221(b)(4).
Dated: June 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
a. Non-Market Economy Country
b. Separate Rates
c. Separate Rate for Non-Selected Companies
d. Collapsing of CPZ With Another Producer of TRBs
e. Surrogate Country
f. Date of Sale
g. Normal Value Comparisons
5. Conclusion
[FR Doc. 2015-16647 Filed 7-6-15; 8:45 am]
BILLING CODE 3510-DS-P
