Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Preliminary Rescission of Antidumping Duty New Shipper Review; 2014-2015, 79561-79562 [2015-32161]

Download as PDF Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices The products subject to these investigations are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7209.15.0000, 7209.16.0030, 7209.16.0060, 7209.16.0070, 7209.16.0091, 7209.17.0030, 7209.17.0060, 7209.17.0070, 7209.17.0091, 7209.18.1530, 7209.18.1560, 7209.18.2510, 7209.18.2520, 7209.18.2580, 7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000, 7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000, 7211.23.1500, 7211.23.2000, 7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 7211.23.6075, 7211.23.6085, 7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000, 7225.50.8015, 7225.50.8085, 7225.99.0090, 7226.92.5000, 7226.92.7050, and 7226.92.8050. The products subject to the investigations may also enter under the following HTSUS numbers: 7210.90.9000, 7212.50.0000, 7215.10.0010, 7215.10.0080, 7215.50.0016, 7215.50.0018, 7215.50.0020, 7215.50.0061, 7215.50.0063, 7215.50.0065, 7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000, 7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.19.0000, 7226.19.1000, 7226.19.9000, 7226.99.0180, 7228.50.5015, 7228.50.5040, 7228.50.5070, 7228.60.8000,and 7229.90.1000. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. [FR Doc. 2015–32215 Filed 12–21–15; 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 Rescission of Antidumping Duty New Shipper Review; 2014–2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective date: December 22, 2015. FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, AD/CVD mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: an actual thickness of 0.20 mm or more, in which the core loss is substantially equal in any direction of magnetization in the plane of the material. The term ‘substantially equal’ means that the cross grain direction of core loss is no more than 1.5 times the straight grain direction (i.e., the rolling direction) of core loss. NOES has a magnetic permeability that does not exceed 1.65 Tesla when tested at a field of 800 A/m (equivalent to 10 Oersteds) along (i.e., parallel to) the rolling direction of the sheet (i.e., B800 value). NOES contains by weight more than 1.00 percent of silicon but less than 3.5 percent of silicon, not more than 0.08 percent of carbon, and not more than 1.5 percent of aluminum. NOES has a surface oxide coating, to which an insulation coating may be applied.’’ VerDate Sep<11>2014 17:21 Dec 21, 2015 Jkt 238001 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) 482–3874. SUPPLEMENTARY INFORMATION: Background On June 23, 2015, we received a timely request from Zhejiang Changxing CTL Auto Parts Manufacturing Co., Ltd., (Changxing) that the Department conduct a new shipper review of the antidumping duty (AD) order on tapered roller bearings and parts thereof, finished and unfinished (TRBs) from the People’s Republic of China (PRC).1 On August 3, 2015, the Department of Commerce (the Department) found that the request for review with respect to Changxing met all of the statutory and regulatory requirements for initiating an AD new shipper review.2 On September 21, 2015, we requested additional information from Changxing regarding entries to the United States that may have occurred prior to the period of review (POR) and relevant documentation for those entries.3 However, Changxing did not respond to the Department’s request. On October 16, 2015, Changxing withdrew its request for a new shipper review.4 Scope of the Order Imports covered by the order are shipments of 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, 1 See Changxing’s letter to the Department entitled, ‘‘Tapered Roller Bearings from the People’s Republic of China—Request for New Shipper Review,’’ dated June 23, 2015. 2 See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People’s Republic of China: Initiation of Antidumping Duty New Shipper Reviews, 80 FR 45944 (August 3, 2015). 3 See Memorandum to The File entitled, ‘‘Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People’s Republic of China: New Shipper Review of Zhejiang Changxing CTL Auto Parts Manufacturing Co., Ltd.—Telephone Conversation with Representative,’’ dated September 21, 2015. 4 See Letter from Changxing Re: ‘‘Tapered Roller Bearings from the People’s Republic of China: Withdrawal of Request for New Shipper Review,’’ dated October 16, 2015. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 79561 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. Application of Adverse Facts Available and Preliminary Rescission of Review Pursuant to 19 CFR 351.214(f)(1), the Department may rescind a new shipper review if the party that requested the review withdraws the request within 60 days of the date of publication of notice of initiation of the requested review. In this case, as noted above, Changxing submitted its withdrawal request on October 16, 2015, which is after the 60day withdrawal deadline. Therefore, because the withdrawal request was untimely, we are not rescinding this review on this basis. Nonetheless, information on the record indicates that Changxing may have had entries of subject merchandise prior to its declared entry in this new shipper review. Changxing failed to respond to the Department’s September 21, 2015, request for additional information regarding these entries, and indeed affirmatively withdrew from this proceeding. Because we find that Changxing has withheld information requested of it within the meaning of section 776(a)(2)(A) of the Tariff Act of 1930, as amended (the Act), we are making a determination on the basis of the facts otherwise available. In selecting from among the facts available, we find that an adverse inference pursuant to section 776(b) of the Act is appropriate due to Changxing’s failure to act to the best of its ability in responding to the Department’s request. As adverse facts available, we determine that Changxing had additional entries of subject merchandise that were not reported to the Department at the time of Changxing’s request for a new shipper review. Based on the foregoing, we preliminarily find that Changxing does not meet the minimum requirements for a new shipper review under 19 CFR 351.214(b)(2)(iv)(C) in that Changxing’s request did not contain documentation establishing the date of its first sale to an unaffiliated customer in the United States. Because we find that Changxing’s request for a new shipper review did not satisfy the regulatory requirements for initiation of a new shipper review, we are preliminarily rescinding the new shipper review of the AD order on TRBs from the PRC with respect to Changxing. E:\FR\FM\22DEN1.SGM 22DEN1 79562 Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices Public Comment Interested parties are invited to comment on this preliminary rescission and submit written arguments or case briefs within 30 days after the publication of this notice in the Federal Register, unless otherwise notified by the Department.5 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.6 Parties who submit case or rebuttal briefs are requested to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.7 Case and rebuttal briefs should be filed using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), which is available to registered users at http:// access.trade.gov, and in the Central Records Unit, Room B0824 of the main Department of Commerce building.8 Any interested party may request a hearing within 30 days after the day of publication of this notice.9 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 issues to be discussed.10 Issues raised in the hearing will be limited to those raised in case briefs. If a request for a hearing is made, parties will be notified of the date and time for the hearing to be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230.11 We intend to issue the final results of this new shipper review, including the results of our analysis of issues raised in any case briefs, within 90 days after the date on which this preliminary rescission is issued, unless the deadline for our final results is extended.12 Cash Deposit Requirements Effective upon publication of the final rescission of the new shipper review of Changxing, the Department will instruct U.S. Customs and Border Protection to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise from Changxing.13 Because we did not calculate a dumping margin for Changxing or grant Changxing a separate rate in this new shipper review, we preliminarily find that Changxing continues to be part of the PRC-wide entity. The cash deposit rate for the PRC-wide entity is 92.84 percent. These cash deposit requirements shall remain in effect until further notice. rolled steel flat products (cold-rolled steel) from India. The period of investigation is January 1, 2014, through December 31, 2014. We invite interested parties to comment on this preliminary determination. DATES: Effective Date: December 22, 2015. Notification to Importers This notice also serves as a preliminary 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 Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This new shipper review and notice are in accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214(f)(3). Scope of the Investigation Dated: December 15, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–32161 Filed 12–21–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration As the Department intends to rescind this new shipper review, we are not making a determination as to whether Changxing qualifies for a separate rate. Therefore, if the Department proceeds to a final rescission, Changxing will remain part of the PRC entity and, accordingly, its entries covered by this new shipper review will be assessed at the PRC-wide rate. mstockstill on DSK4VPTVN1PROD with NOTICES Assessment Rates [C–533–866] 5 See 19 CFR 351.309(c)(1)(ii). 19 CFR 351.309(d). 7 See 19 CFR 351.309(c)(2) and (d)(2). 8 See 19 CFR 351.303. 9 See 19 CFR 351.310(c). 10 See 19 CFR 351.310(c). 11 See 19 CFR 351.310(d). 12 See section 751(a)(2)(B)(iv) of the Act; and 19 CFR 351.214(i). 6 See VerDate Sep<11>2014 17:21 Dec 21, 2015 Jkt 238001 Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From India: Preliminary Affirmative Determination and Alignment of Final Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers/exporters of certain coldAGENCY: 13 See section 751(a)(2)(B)(iii) of the Act; 19 CFR 351.214(e). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Erin Kearney or Trisha Tran, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–0167 and (202) 482–4852, respectively. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: The products covered by this investigation are cold-rolled steel flat products from India. For a complete description of the scope of this investigation, see Appendix II. Methodology The Department is conducting this countervailing duty (CVD) investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.1 For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum.2 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and it is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the 1 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 2 See Memorandum from Christian Marsh, Deputy Assistance Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products from India,’’ dated concurrently with this notice (‘‘Preliminary Decision Memorandum’’). E:\FR\FM\22DEN1.SGM 22DEN1

Agencies

[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)]
[Notices]
[Pages 79561-79562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32161]


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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: Preliminary Rescission 
of Antidumping Duty New Shipper Review; 2014-2015

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

DATES: Effective date: December 22, 2015.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, 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-
3874.

SUPPLEMENTARY INFORMATION:

Background

    On June 23, 2015, we received a timely request from Zhejiang 
Changxing CTL Auto Parts Manufacturing Co., Ltd., (Changxing) that the 
Department conduct a new shipper review of the antidumping duty (AD) 
order on tapered roller bearings and parts thereof, finished and 
unfinished (TRBs) from the People's Republic of China (PRC).\1\ On 
August 3, 2015, the Department of Commerce (the Department) found that 
the request for review with respect to Changxing met all of the 
statutory and regulatory requirements for initiating an AD new shipper 
review.\2\
---------------------------------------------------------------------------

    \1\ See Changxing's letter to the Department entitled, ``Tapered 
Roller Bearings from the People's Republic of China--Request for New 
Shipper Review,'' dated June 23, 2015.
    \2\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China: Initiation of 
Antidumping Duty New Shipper Reviews, 80 FR 45944 (August 3, 2015).
---------------------------------------------------------------------------

    On September 21, 2015, we requested additional information from 
Changxing regarding entries to the United States that may have occurred 
prior to the period of review (POR) and relevant documentation for 
those entries.\3\ However, Changxing did not respond to the 
Department's request. On October 16, 2015, Changxing withdrew its 
request for a new shipper review.\4\
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    \3\ See Memorandum to The File entitled, ``Tapered Roller 
Bearings and Parts Thereof, Finished and Unfinished, From the 
People's Republic of China: New Shipper Review of Zhejiang Changxing 
CTL Auto Parts Manufacturing Co., Ltd.--Telephone Conversation with 
Representative,'' dated September 21, 2015.
    \4\ See Letter from Changxing Re: ``Tapered Roller Bearings from 
the People's Republic of China: Withdrawal of Request for New 
Shipper Review,'' dated October 16, 2015.
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Scope of the Order

    Imports covered by the order are shipments of 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.

Application of Adverse Facts Available and Preliminary Rescission of 
Review

    Pursuant to 19 CFR 351.214(f)(1), the Department may rescind a new 
shipper review if the party that requested the review withdraws the 
request within 60 days of the date of publication of notice of 
initiation of the requested review. In this case, as noted above, 
Changxing submitted its withdrawal request on October 16, 2015, which 
is after the 60-day withdrawal deadline. Therefore, because the 
withdrawal request was untimely, we are not rescinding this review on 
this basis.
    Nonetheless, information on the record indicates that Changxing may 
have had entries of subject merchandise prior to its declared entry in 
this new shipper review. Changxing failed to respond to the 
Department's September 21, 2015, request for additional information 
regarding these entries, and indeed affirmatively withdrew from this 
proceeding. Because we find that Changxing has withheld information 
requested of it within the meaning of section 776(a)(2)(A) of the 
Tariff Act of 1930, as amended (the Act), we are making a determination 
on the basis of the facts otherwise available. In selecting from among 
the facts available, we find that an adverse inference pursuant to 
section 776(b) of the Act is appropriate due to Changxing's failure to 
act to the best of its ability in responding to the Department's 
request. As adverse facts available, we determine that Changxing had 
additional entries of subject merchandise that were not reported to the 
Department at the time of Changxing's request for a new shipper review.
    Based on the foregoing, we preliminarily find that Changxing does 
not meet the minimum requirements for a new shipper review under 19 CFR 
351.214(b)(2)(iv)(C) in that Changxing's request did not contain 
documentation establishing the date of its first sale to an 
unaffiliated customer in the United States. Because we find that 
Changxing's request for a new shipper review did not satisfy the 
regulatory requirements for initiation of a new shipper review, we are 
preliminarily rescinding the new shipper review of the AD order on TRBs 
from the PRC with respect to Changxing.

[[Page 79562]]

Public Comment

    Interested parties are invited to comment on this preliminary 
rescission and submit written arguments or case briefs within 30 days 
after the publication of this notice in the Federal Register, unless 
otherwise notified by the Department.\5\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed not later than five days 
after the date for filing case briefs.\6\ Parties who submit case or 
rebuttal briefs are requested to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\7\ Case and rebuttal briefs should be filed using 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS), which is available to 
registered users at http://access.trade.gov, and in the Central Records 
Unit, Room B0824 of the main Department of Commerce building.\8\
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    \5\ See 19 CFR 351.309(c)(1)(ii).
    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
    \8\ See 19 CFR 351.303.
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    Any interested party may request a hearing within 30 days after the 
day of publication of this notice.\9\ 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 issues to be 
discussed.\10\ Issues raised in the hearing will be limited to those 
raised in case briefs. If a request for a hearing is made, parties will 
be notified of the date and time for the hearing to be held at the U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW, 
Washington, DC 20230.\11\
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    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    We intend to issue the final results of this new shipper review, 
including the results of our analysis of issues raised in any case 
briefs, within 90 days after the date on which this preliminary 
rescission is issued, unless the deadline for our final results is 
extended.\12\
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    \12\ See section 751(a)(2)(B)(iv) of the Act; and 19 CFR 
351.214(i).
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Assessment Rates

    As the Department intends to rescind this new shipper review, we 
are not making a determination as to whether Changxing qualifies for a 
separate rate. Therefore, if the Department proceeds to a final 
rescission, Changxing will remain part of the PRC entity and, 
accordingly, its entries covered by this new shipper review will be 
assessed at the PRC-wide rate.

Cash Deposit Requirements

    Effective upon publication of the final rescission of the new 
shipper review of Changxing, the Department will instruct U.S. Customs 
and Border Protection to discontinue the option of posting a bond or 
security in lieu of a cash deposit for entries of subject merchandise 
from Changxing.\13\ Because we did not calculate a dumping margin for 
Changxing or grant Changxing a separate rate in this new shipper 
review, we preliminarily find that Changxing continues to be part of 
the PRC-wide entity. The cash deposit rate for the PRC-wide entity is 
92.84 percent. These cash deposit requirements shall remain in effect 
until further notice.
---------------------------------------------------------------------------

    \13\ See section 751(a)(2)(B)(iii) of the Act; 19 CFR 
351.214(e).
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Notification to Importers

    This notice also serves as a preliminary 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This new shipper review and notice are in accordance with sections 
751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214(f)(3).

    Dated: December 15, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-32161 Filed 12-21-15; 8:45 am]
BILLING CODE 3510-DS-P