Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China: Final Results of the Antidumping Duty Administrative Review; 2013-2014, 1396-1398 [2016-00432]
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Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Notices
has determined that no further review of
the activity is warranted at this time.
The production activity described in the
notification is authorized, subject to the
FTZ Act and the Board’s regulations,
including Section 400.14.
Dated: January 6, 2016.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2016–00451 Filed 1–11–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–61–2015]
Foreign-Trade Zone (FTZ) 119—
Minneapolis-St. Paul, Minnesota;
Authorization of Production Activity;
CNH Industrial America, LLC;
(Agricultural Equipment and Related
Subassemblies and Attachments);
Benson, Minnesota
On September 8, 2015, CNH
Industrial America, LLC (CNH), a
potential operator of FTZ 119,
submitted a notification of proposed
production activity to the Foreign-Trade
Zones (FTZ) Board for its facilities
located in Benson, Minnesota.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (80 FR 56962–56963,
09/21/2015). The FTZ Board has
determined that no further review of the
activity is warranted at this time. The
production activity described in the
notification is authorized, subject to the
FTZ Act and the Board’s regulations,
including Section 400.14.
Dated: January 6, 2016.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2016–00471 Filed 1–11–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
tkelley on DSK3SPTVN1PROD with NOTICES
[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; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 7, 2015, the
Department of Commerce (the
AGENCY:
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Department) published the preliminary
results of the 27th 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).1
The period of review (POR) is June 1,
2013, through May 31, 2014. Based on
our analysis of the comments received,
we made certain changes in the margin
calculations. Therefore, the final results
differ from the preliminary results. The
final weighted-average dumping
margins for the reviewed firms are listed
below in the section entitled ‘‘Final
Results of the Review.’’
DATES: Effective Date: January 12, 2016.
FOR FURTHER INFORMATION CONTACT:
Blaine Wiltse, 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.
Scope of the Order
The merchandise covered by the
Order 3 includes 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.4
Background
These final results of administrative
review cover four exporters of the
subject merchandise, Changshan Peer
Bearing Co., Ltd. and Peer Bearing
Company (collectively, CPZ/SKF),
Ningbo Xinglun Bearings Import &
Export Co., Ltd. (Xinglun), Xinchang
Kaiyuan Automotive Bearing Co., Ltd.
(Kaiyuan), and Yantai CMC Bearing Co.
Ltd. (Yantai CMC). The Department
selected as CPZ/SKF and Yantai CMC as
mandatory respondents for individual
examination; however, we subsequently
found that Yantai CMC does not qualify
for a separate rate.2 Additionally, in the
Preliminary Results, we determined, 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 (collectively,
CPZ/SGBC).
On July 7, 2015, the Department
published the Preliminary Results. In
August 2015, we received case and
rebuttal briefs from the Timken
Company (the petitioner) and CPZ/SKF.
We also received a case brief from
Yantai CMC. In September 2015, the
Department held a public hearing at the
request of the petitioner.
The Department conducted this
review in accordance with section 751
of the Tariff Act of 1930, as amended
(the Act).
Separate Rates
In the Preliminary Results, we found
that evidence provided by CPZ/SKF,
Kaiyuan, and Xinglun 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.5 We 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, Kaiyuan,
and Xinglun are eligible for separate
rates.
With respect to Yantai CMC, however,
we determined in the Preliminary
Results that this company failed to
demonstrate an absence of de facto
government control, and, thus, the
Department did not grant Yantai CMC a
separate rate. For these final results, we
continue to find, based on record
evidence, that Yantai CMC failed to
demonstrate an absence of de facto
government control. Accordingly, we
1 See Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, From the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2013–
2014, 80 FR 38665 (July 7, 2015) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Preliminary Results, 80 FR at 38666.
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3 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).
4 For a complete description of the scope of the
Order, see the ‘‘Issues and Decision Memorandum
for the Antidumping Duty Administrative Review
(2013–2014): 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).
5 See Preliminary Results, 80 FR at 38665, and
accompanying Preliminary Decision Memorandum
at 4–7.
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are not granting Yantai CMC a separate
rate. For further discussion of this issue,
see Comments 6 through 9 of the
accompanying Issues and Decision
Memo.
Therefore, we are assigning CPZ/SKF’s
calculated margin as the rate assigned to
non-examined entities which
demonstrated their eligibility for a
separate rate.7
Weighted-Average Dumping Margin for
the Non-Examined, Separate-Rate
Companies
For the exporters subject to a review
that are determined to be eligible for a
separate rate, but are not selected as
individually examined respondents, the
Department generally weight averages
the rates calculated for the individuallyexamined respondents, excluding any
rates that are zero, de minimis, or based
entirely on facts available.6 In this
administrative review, the only
individually-examined company for
which we calculated a margin is CPZ/
SKF, which is receiving a separate rate
calculated from its own sales and
production data. To determine a rate for
the unselected separate rate companies,
we find it appropriate to use the margin
calculated for CPZ/SKF, which was also
found to be separate from the PRC-wide
entity with respect to its export
activities, and which has been assigned
a rate that is not zero or de minimis nor
based entirely on facts available.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review 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). 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 Issues and
Decision Memo can be accessed directly
at https://trade.gov/enforcement. 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 calculation for CPZ/SKF.
These changes are discussed in the
relevant sections of the Issues and
Decision Memo.
Period of Review
The POR is June 1, 2013, through May
31, 2014.
Final Results of the Review
Because Yantai CMC did not
demonstrate that it is entitled to a
separate rate, the Department finds
Yantai CMC to be part of the PRC-wide
entity. No party requested a review of
the PRC-wide entity. Therefore, we did
not conduct a review of the PRC-wide
entity and the entity’s rate is not subject
to change.8 The rate previously
established for the PRC-wide entity is
92.84 percent.
Additionally, we are assigning the
following weighted-average dumping
margins to the firms listed below for the
period June 1, 2013, through May 31,
2014:
Weighted-average
dumping margin
(percent)
Exporters
Changshan Peer Bearing Co., Ltd./Shanghai General Bearing Co., Ltd. ....................................................................................
Ningbo Xinglun Bearings Import & Export Co., Ltd.* ....................................................................................................................
Xinchang Kaiyuan Automotive Bearing Co., Ltd.* .........................................................................................................................
0.91
0.91
0.91
* This company demonstrated eligibility for a separate rate in this administrative review.
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 this
review. The Department intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review.
Where an importer- (or customer-)
specific ad valorem or per-unit rate is
greater than de minimis, the Department
will instruct CBP to collect the
appropriate duties at the time of
liquidation.9
For entries of subject merchandise
exported by CPZ/SKF we calculated an
ad valorem rate 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). We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review.
For Yantai CMC, because the
Department determined that this
company did not qualify for a separate
rate, we will instruct CBP to assess
dumping duties on the company’s
entries of subject merchandise at the
rate of 92.84 percent.
For Kaiyuan and Xinglun, the
companies not selected for individual
examination, the ad valorem assessment
rate will be equal to the weighted-
6 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).
7 We note that this represents a change from the
Preliminary Results, where we preliminarily
assigned separate rate companies the separate rate
from the immediately preceding administrative
review. This is a function of the fact that CPZ/SKF’s
rate has changed from zero to above de minimis in
these final results. As a result, using section
735(c)(5)(A) of the Act as guidance, we revised our
methodology for these final results.
8 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).
9 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
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).
tkelley on DSK3SPTVN1PROD with NOTICES
Assessment Rates
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average dumping margin assigned above
in the final results of review.
For entries that were not reported in
the U.S. sales database submitted by an
exporter individually examined during
this review, the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate. Additionally, 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 will be
liquidated at the PRC-wide rate (i.e.,
92.84 percent).10
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
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.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
presumption that reimbursement of
antidumping duties occurred and the
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) and 777(i)(1) of the
Act.
Dated: January 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memo
CPZ/SKF
1. Whether to Collapse CPZ/SKF and
Shanghai General Bearing Co., Ltd.
2. Calculation of Steel Bar Transportation
Cost
3. Surrogate Value (SV) for Truck Freight
4. SV for Labor Rate
5. Unreported Steel Producer Distances to
Subcontractors
Yantai CMC
6. The Department Should Discontinue its
Separate Rate Practice
7. The Denial of Separate Rate Status for
Yantai CMC is not Supported by Record
Evidence
8. Assigning Yantai CMC the PRC-Wide Rate
is Contrary to Law
9. The Department’s Separate Rate Tests and
Resulting Use of AFA are Inconsistent
with the World Trade Organization
Agreements
[FR Doc. 2016–00432 Filed 1–11–16; 8:45 am]
tkelley on DSK3SPTVN1PROD with NOTICES
10 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
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David Goldberger at (202) 482–4136 or
Ross Belliveau at (202) 482–4952, Office
II, AD/CVD Operations, Enforcement
and Compliance, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petition
On December 16, 2015, the
Department of Commerce (the
Department) received an antidumping
duty (AD) petition concerning imports
of large residential washers (washing
machines) from the People’s Republic of
China (PRC), filed in proper form on
behalf of Whirlpool Corporation
(Petitioner).1 Petitioner is a domestic
producer of washing machines.2
On December 16, 2015, the
Department requested additional
information and clarification of certain
areas of the Petition.3 Petitioner filed a
response to this request on December
18, 2015.4
On January 4, 2016, Petitioner filed an
amendment to the Petition, clarifying
one of its responses in the Petition
Supplement.5
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), Petitioner alleges that imports of
washing machines from the PRC are
being, or are likely to be, sold in the
United States at less-than-fair value
within the meaning of section 731 of the
Act, and that such imports are
materially injuring, or threatening
material injury to, an industry in the
United States. Also, consistent with
section 732(b)(1) of the Act, the Petition
is accompanied by information
reasonably available to Petitioner
supporting its allegations.
The Department finds that Petitioner
filed this Petition on behalf of the
domestic industry because Petitioner is
an interested party as defined in section
771(9)(C) of the Act. The Department
also finds that Petitioner demonstrated
sufficient industry support with respect
BILLING CODE 3510–DS–P
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
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–033]
Large Residential Washers From the
People’s Republic of China: Initiation
of Less-Than-Fair-Value Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective date: January 5, 2016.
AGENCY:
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1 See the Petition for the Imposition of
Antidumping Duties on Imports of Large
Residential Washers from the PRC, dated December
16, 2015 (the Petition).
2 See Volume I of the Petition, at 4.
3 See Letter from the Department to Petitioner
entitled ‘‘Re: Petition for the Imposition of
Antidumping Duties on Imports of Large
Residential Washers from the People’s Republic of
China: Supplemental Questions’’ dated December
16, 2015 (Supplemental Questionnaire).
4 See Supplement to the Petition, dated December
18, 2015 (Petition Supplement).
5 See letter from Petitioner, entitled ‘‘Large
Residential Washers from the People’s Republic of
China: Amendment to Antidumping Petition,’’
dated January 4, 2016.
E:\FR\FM\12JAN1.SGM
12JAN1
Agencies
[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Notices]
[Pages 1396-1398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00432]
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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; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 7, 2015, the Department of Commerce (the Department)
published the preliminary results of the 27th 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).\1\ The period of review (POR) is June 1, 2013, through May
31, 2014. Based on our analysis of the comments received, we made
certain changes in the margin calculations. Therefore, the final
results differ from the preliminary results. The final weighted-average
dumping margins for the reviewed firms are listed below in the section
entitled ``Final Results of the Review.''
---------------------------------------------------------------------------
\1\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, From the People's Republic of China: Preliminary Results
of Antidumping Duty Administrative Review; 2013-2014, 80 FR 38665
(July 7, 2015) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
DATES: Effective Date: January 12, 2016.
FOR FURTHER INFORMATION CONTACT: Blaine Wiltse, 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.
Background
These final results of administrative review cover four exporters
of the subject merchandise, Changshan Peer Bearing Co., Ltd. and Peer
Bearing Company (collectively, CPZ/SKF), Ningbo Xinglun Bearings Import
& Export Co., Ltd. (Xinglun), Xinchang Kaiyuan Automotive Bearing Co.,
Ltd. (Kaiyuan), and Yantai CMC Bearing Co. Ltd. (Yantai CMC). The
Department selected as CPZ/SKF and Yantai CMC as mandatory respondents
for individual examination; however, we subsequently found that Yantai
CMC does not qualify for a separate rate.\2\ Additionally, in the
Preliminary Results, we determined, 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 (collectively, CPZ/SGBC).
---------------------------------------------------------------------------
\2\ See Preliminary Results, 80 FR at 38666.
---------------------------------------------------------------------------
On July 7, 2015, the Department published the Preliminary Results.
In August 2015, we received case and rebuttal briefs from the Timken
Company (the petitioner) and CPZ/SKF. We also received a case brief
from Yantai CMC. In September 2015, the Department held a public
hearing at the request of the petitioner.
The Department conducted this review in accordance with section 751
of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise covered by the Order \3\ includes 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.\4\
---------------------------------------------------------------------------
\3\ 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).
\4\ For a complete description of the scope of the Order, see
the ``Issues and Decision Memorandum for the Antidumping Duty
Administrative Review (2013-2014): Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished, from the People's Republic of
China,'' from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Antidumping and Countervailing Duty
Operations, dated concurrently with, and adopted by, this notice
(Issues and Decision Memo).
---------------------------------------------------------------------------
Separate Rates
In the Preliminary Results, we found that evidence provided by CPZ/
SKF, Kaiyuan, and Xinglun 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.\5\ We 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, Kaiyuan, and Xinglun
are eligible for separate rates.
---------------------------------------------------------------------------
\5\ See Preliminary Results, 80 FR at 38665, and accompanying
Preliminary Decision Memorandum at 4-7.
---------------------------------------------------------------------------
With respect to Yantai CMC, however, we determined in the
Preliminary Results that this company failed to demonstrate an absence
of de facto government control, and, thus, the Department did not grant
Yantai CMC a separate rate. For these final results, we continue to
find, based on record evidence, that Yantai CMC failed to demonstrate
an absence of de facto government control. Accordingly, we
[[Page 1397]]
are not granting Yantai CMC a separate rate. For further discussion of
this issue, see Comments 6 through 9 of the accompanying Issues and
Decision Memo.
Weighted-Average Dumping Margin for the Non-Examined, Separate-Rate
Companies
For the exporters subject to a review that are determined to be
eligible for a separate rate, but are not selected as individually
examined respondents, the Department generally weight averages the
rates calculated for the individually-examined respondents, excluding
any rates that are zero, de minimis, or based entirely on facts
available.\6\ In this administrative review, the only individually-
examined company for which we calculated a margin is CPZ/SKF, which is
receiving a separate rate calculated from its own sales and production
data. To determine a rate for the unselected separate rate companies,
we find it appropriate to use the margin calculated for CPZ/SKF, which
was also found to be separate from the PRC-wide entity with respect to
its export activities, and which has been assigned a rate that is not
zero or de minimis nor based entirely on facts available. Therefore, we
are assigning CPZ/SKF's calculated margin as the rate assigned to non-
examined entities which demonstrated their eligibility for a separate
rate.\7\
---------------------------------------------------------------------------
\6\ 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).
\7\ We note that this represents a change from the Preliminary
Results, where we preliminarily assigned separate rate companies the
separate rate from the immediately preceding administrative review.
This is a function of the fact that CPZ/SKF's rate has changed from
zero to above de minimis in these final results. As a result, using
section 735(c)(5)(A) of the Act as guidance, we revised our
methodology for these final results.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review 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).
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 Issues and Decision Memo can be accessed
directly at https://trade.gov/enforcement. 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 calculation for CPZ/SKF. These changes are discussed in the
relevant sections of the Issues and Decision Memo.
Period of Review
The POR is June 1, 2013, through May 31, 2014.
Final Results of the Review
Because Yantai CMC did not demonstrate that it is entitled to a
separate rate, the Department finds Yantai CMC to be part of the PRC-
wide entity. No party requested a review of the PRC-wide entity.
Therefore, we did not conduct a review of the PRC-wide entity and the
entity's rate is not subject to change.\8\ The rate previously
established for the PRC-wide entity is 92.84 percent.
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\8\ 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).
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Additionally, we are assigning the following weighted-average
dumping margins to the firms listed below for the period June 1, 2013,
through May 31, 2014:
------------------------------------------------------------------------
Weighted-average
Exporters dumping margin
(percent)
------------------------------------------------------------------------
Changshan Peer Bearing Co., Ltd./Shanghai General 0.91
Bearing Co., Ltd....................................
Ningbo Xinglun Bearings Import & Export Co., Ltd.*... 0.91
Xinchang Kaiyuan Automotive Bearing Co., Ltd.*....... 0.91
------------------------------------------------------------------------
* This company demonstrated eligibility for a separate rate in this
administrative review.
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 this review. The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of review.
Where an importer- (or customer-) specific ad valorem or per-unit
rate is greater than de minimis, the Department will instruct CBP to
collect the appropriate duties at the time of liquidation.\9\
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\9\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012).
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For entries of subject merchandise exported by CPZ/SKF we
calculated an ad valorem rate 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). We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review.
For Yantai CMC, because the Department determined that this company
did not qualify for a separate rate, we will instruct CBP to assess
dumping duties on the company's entries of subject merchandise at the
rate of 92.84 percent.
For Kaiyuan and Xinglun, the companies not selected for individual
examination, the ad valorem assessment rate will be equal to the
weighted-
[[Page 1398]]
average dumping margin assigned above in the final results of review.
For entries that were not reported in the U.S. sales database
submitted by an exporter individually examined during this review, the
Department will instruct CBP to liquidate such entries at the PRC-wide
rate. Additionally, 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 will be
liquidated at the PRC-wide rate (i.e., 92.84 percent).\10\
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\10\ 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.
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 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) and 777(i)(1) of the Act.
Dated: January 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memo
CPZ/SKF
1. Whether to Collapse CPZ/SKF and Shanghai General Bearing Co.,
Ltd.
2. Calculation of Steel Bar Transportation Cost
3. Surrogate Value (SV) for Truck Freight
4. SV for Labor Rate
5. Unreported Steel Producer Distances to Subcontractors
Yantai CMC
6. The Department Should Discontinue its Separate Rate Practice
7. The Denial of Separate Rate Status for Yantai CMC is not
Supported by Record Evidence
8. Assigning Yantai CMC the PRC-Wide Rate is Contrary to Law
9. The Department's Separate Rate Tests and Resulting Use of AFA are
Inconsistent with the World Trade Organization Agreements
[FR Doc. 2016-00432 Filed 1-11-16; 8:45 am]
BILLING CODE 3510-DS-P