Countervailing Duty Investigation of Certain Iron Mechanical Transfer Drive Components From the People's Republic of China: Preliminary Affirmative Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 21316-21319 [2016-08235]
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Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Scott D. McBride, Senior
Counsel for Trade Remedies and
Foreign Trade Zones, Office of the Chief
Counsel for Trade Enforcement and
Compliance, Room 3622, U.S.
Department of Commerce, 14th and
Constitution Avenue NW., Washington,
DC 20230; telephone: 202–482–6292;
fax: 202–482–4912; Scott.McBride@
trade.gov.
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: April 5, 2016.
Glenna Mickelson,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2016–08177 Filed 4–8–16; 8:45 am]
BILLING CODE 3510–DS–P
SUPPLEMENTARY INFORMATION:
I. Abstract
DEPARTMENT OF COMMERCE
The regulations (19 CFR 358.101
through 358.104) provide procedures for
requesting the Secretary of Commerce to
permit the importation of supplies, such
as food, clothing, and medical, surgical,
and other supplies, for use in emergency
relief work free of antidumping and
countervailing duties.
International Trade Administration
[C–570–031]
Authority: 19 U.S.C. 1318(a). There are no
proposed changes to this information
collection.
Countervailing Duty Investigation of
Certain Iron Mechanical Transfer Drive
Components From the People’s
Republic of China: Preliminary
Affirmative Determination and
Alignment of Final Determination With
Final Antidumping Duty Determination
II. Method of Collection
AGENCY:
Three copies of the request must be
submitted in writing to the Secretary of
Commerce, Attention: Import
Administration, Central Records Unit,
Room 1870, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
III. Data
OMB Control Number: 0625–0256.
Form Number(s): None.
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents: 1.
Estimated Time per Response: 15
Hours.
Estimated Total Annual Burden
Hours: 15 Hours.
Estimated Total Annual Cost to
Public: less than $450.
mstockstill on DSK4VPTVN1PROD with NOTICES
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
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18:37 Apr 08, 2016
Jkt 238001
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 and exporters of certain iron
mechanical transfer drive components
(‘‘ITDCs’’) from the People’s Republic of
China (‘‘PRC’’). 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: April 11, 2016.
FOR FURTHER INFORMATION CONTACT:
Brandon Farlander, Robert Galantucci,
and Robert Bolling, 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) 482–0182, (202) 482–
2923, or (202) 482–3434, respectively.
SUPPLEMENTARY INFORMATION:
Scope Comments
In accordance with the preamble to
the Department’s regulations,1 we set
aside a period of time in our Initiation
Notice for parties to raise issues
regarding product coverage, and we
encouraged all parties to submit
1 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(‘‘Preamble’’).
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comments within 20 calendar days of
the signature date of that notice.2
We received several comments
concerning the scope of the
antidumping duty (‘‘AD’’) and CVD
investigations of ITDCs from the PRC
and Canada. On March 30, 2016,
Petitioner filed an amendment to the
scope to exclude certain finished
torsional vibration dampeners
(‘‘TVDs’’), as defined in the amended
scope.3 Petitioner also noted that it is
considering a potential additional
exclusion to the scope to cover certain
parts of TVDs.4 Also, on March 30,
2016, NOK Wuxi notified the
Department of its intent to withdraw
from participation in this investigation,
contingent on the Department’s
acceptance and inclusion of Petitioner’s
amendment to the scope.5 Because
Petitioner’s proposed scope amendment
was filed two days before the due date
for the preliminary determination, the
Department does not have sufficient
time before the fully extended
scheduled signature due date of the
CVD preliminary determination to
consider this proposed amendment to
the scope. However, the Department
will evaluate the scope comments and
intends to issue its preliminary decision
regarding the scope of the AD and CVD
investigations in the preliminary
determination of the companion
antidumping investigations, which are
due for signature on May 31, 2016.
Scope of the Investigation
The products covered by this
investigation are ITDCs from the PRC.
For a complete description of the scope
of this investigation, see Appendix II to
this notice.
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
2 See Certain Iron Mechanical Transfer Drive
Components From the People’s Republic of China:
Initiation of Countervailing Duty Investigation, 80
FR 73722 (November 25, 2015).
3 See Submission of Petitioner, ‘‘Certain Iron
Mechanical Transfer Drive Components from
Canada and the People’s Republic of China:
Petitioner’s Amendment to the Scope,’’ dated
March 30, 2016.
4 Id.
5 See Submission of NOK Wuxi, ‘‘Certain Iron
Mechanical Transfer Drive Components from the
People’s Republic of China: Withdrawal from
Investigation,’’ dated March 30, 2016.
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Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices
recipient, and that the subsidy is
specific.6 For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.7 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 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
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic version are identical in
content.
The Department notes that, in making
these findings, we relied, in part, on
facts available and, because we find that
one or more respondents did not act to
the best of their ability to respond to the
Department’s requests for information,
we drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.8 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Alignment
As noted in the Preliminary
Determination Memorandum, based on
a request made by the petitioner TB
Wood’s Incorporated, we are aligning
the final CVD investigation in this
investigation with the final
determination in the companion AD
investigation of ITDCs in accordance
with section 705(a)(1) of the Act and 19
CFR 351.210(b)(4).9 Consequently, the
final CVD determination will be issued
on the same date as the final AD
determination, which is currently
scheduled to be issued no later than
August 14, 2016, unless postponed.10
Preliminary Determination and
Suspension of Liquidation11
In accordance with section
703(d)(1)(A)(i) of the Act, we calculated
an individual estimated countervailable
subsidy rate for each exporter/producer
of the subject merchandise individually
investigated. Additionally, in
accordance with sections 703(d) and
705(c)(5)(A) of the Act, for companies
not individually investigated, we apply
an ‘‘all-others’’ rate, which is normally
calculated by weight averaging the
subsidy rates of the companies selected
for individual investigation by those
companies’ exports of the subject
merchandise to the United States,
excluding rates that are zero or de
minimis or any rates determined
entirely on the facts otherwise available.
Accordingly, in these preliminary
results, we have calculated the ‘‘allothers’’ rate by weight-averaging the
calculated subsidy rates of the two
individually investigated respondents,
using the respondent’s publicly-ranged
sales data for exports of subject
merchandise to the United States.12 We
preliminarily determine the
countervailable subsidy rates to be:
Subsidy rate
(percent)
Exporter/Producer
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NOK (Wuxi) Vibration Control China Co., Ltd., and Wuxi NOK—Freudenberg Oil Seal Co., Ltd. ..............................................
Powermach Import & Export Co., Ltd. (Sichuan), Sichuan Dawn Precision Technology Co., Ltd., Sichuan Dawn Foundry Co.
Ltd., and Powermach Machinery Co., Ltd. ................................................................................................................................
Changzhou Baoxin Metallurgy Equipment Manufacturing Co. Ltd.* .............................................................................................
Changzhou Changjiang Gear Co., Ltd.* ........................................................................................................................................
Changzhou Gangyou Lifting Equipment Co., Ltd.* .......................................................................................................................
Changzhou Juling Foundry Co., Ltd.* ...........................................................................................................................................
Changzhou Liangjiu Mechanical Manufacturing Co Ltd.* .............................................................................................................
Changzhou New Century Sprocket Group Company * .................................................................................................................
Changzhou Xiangjin Precision Machinery Co., Ltd.* ....................................................................................................................
FIT Bearings* .................................................................................................................................................................................
Fuzhou Minyue Mechanical & Electrical Co., Ltd.* .......................................................................................................................
Hangzhou Chinabase Machinery Co., Ltd.* ..................................................................................................................................
Hangzhou Ever Power Transmission Group * ...............................................................................................................................
Hangzhou Vision Chain Transmission Co., Ltd.* ..........................................................................................................................
Hangzhou Xingda Machinery Co., Ltd.* ........................................................................................................................................
Henan Xinda International Trading Co., Ltd.* ...............................................................................................................................
Henan Zhiyuan Machinery Sprocket Co. Ltd.* ..............................................................................................................................
Jiangsu Songlin Automobile Parts Co., Ltd.* ................................................................................................................................
Martin Sprocket & Gear (Changzhou) Co., Ltd.* ..........................................................................................................................
Ningbo Blue Machines Co., Ltd.* ..................................................................................................................................................
6 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.
7 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for the
Preliminary Affirmative Countervailing Duty
Determination in the Countervailing Duty
Investigation of Certain Iron Mechanical Transfer
Drive Components from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by, this notice (‘‘Preliminary Decision
Memorandum’’).
8 See sections 776(a) and (b) of the Act.
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9 See Letter from Petitioner, ‘‘Certain Iron
Mechanical Transfer Drive Components from the
People’s Republic of China: Petitioner’s Request to
Align the Countervailing Duty Final Determination
with the Companion Antidumping Duty Final
Determination,’’ dated March 24, 2016.
10 We note that the current deadline for the final
AD determination is August 14, 2016, which is a
Sunday. Pursuant to Department practice, the
signature date will be the next business day, which
is Monday, August 15, 2016. See Notice of
Clarification: Application of ‘‘Next Business Day’’
Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70
FR 24533 (May 10, 2005).
11 As explained in the memorandum from the
Acting Assistant Secretary for Enforcement and
Compliance, the Department has exercised its
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2.68
33.94
166.77
166.77
166.77
166.77
166.77
166.77
166.77
166.77
166.77
166.77
166.77
166.77
166.77
166.77
166.77
166.77
166.77
166.77
discretion to toll all administrative deadlines due
to the recent closure of the Federal Government.
See Memorandum to the Record from Ron
Lorentzen, Acting A/S for Enforcement &
Compliance, regarding ‘‘Tolling of Administrative
Deadlines As a Result of the Government Closure
During Snowstorm Jonas,’’ dated January 27, 2016.
All deadlines in this segment of the proceeding
have been extended by four business days. The
revised deadline for the preliminary determination
of this investigation is now April 1, 2016.
12 See Memorandum to the File, ‘‘Countervailing
Duty Investigation of Certain Iron Mechanical
Transfer Drive Components from the People’s
Republic of China: Preliminary Determination
Margin Calculation for All-Others,’’ dated
concurrently with this memorandum.
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Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices
Subsidy rate
(percent)
Exporter/Producer
Ningbo Fulong Synchronous Belt Co., Ltd.* .................................................................................................................................
Ningbo Royu Machinery Co., Ltd.* ................................................................................................................................................
Praxair Surface Technologies* ......................................................................................................................................................
Qingdao Dazheng Jin Hao International Trade Co., Ltd.* ............................................................................................................
Quanzhou Licheng Xintang Automobile Parts Co., Ltd. (‘‘XTP Auto Parts’’)* ..............................................................................
Shangyu Shengtai Machinery Co., Ltd.* .......................................................................................................................................
Shenzhen Derui Sourcing Co., Ltd.* .............................................................................................................................................
Shengzhou Shuangdong Machinery Co., Ltd.* .............................................................................................................................
Shengzhou Xinglong Machinery * ..................................................................................................................................................
Sichuan Reach Jiayuan Machinery Co. Ltd.* ................................................................................................................................
Tran-Auto Industries Co. Ltd.* .......................................................................................................................................................
Ubet Machinery * ............................................................................................................................................................................
All-Others .......................................................................................................................................................................................
166.77
166.77
166.77
166.77
166.77
166.77
166.77
166.77
166.77
166.77
166.77
166.77
15.51
* Non-cooperative company to which an adverse facts available rate is being applied. See ‘‘Use of Facts Otherwise Available and Adverse Inferences,’’ section in the Preliminary Decision Memorandum.
In accordance with sections
703(d)(1)(B) and (d)(2) of the Act, we are
directing U.S. Customs and Border
Protection to suspend liquidation of all
entries of ITDCs from the PRC as
described in the ‘‘Scope of the
Investigation’’ that are entered, or
withdrawn from warehouse, for
consumption on or after the date of the
publication of this notice in the Federal
Register, and to require a cash deposit
for such entries of merchandise in the
amounts indicated above.
Verification
As provided in section 782(i)(1) of the
Act, we intend to verify the information
submitted by the respondents prior to
making our final determination.
mstockstill on DSK4VPTVN1PROD with NOTICES
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, we will notify the International
Trade Commission (‘‘ITC’’) of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information relating to this
investigation. We will allow the ITC
access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
not disclose such information, either
publicly or under an administrative
protective order, without the written
consent of the Assistant Secretary for
Enforcement and Compliance.
In accordance with section 705(b)(2)
of the Act, if our final determination is
affirmative, the ITC will make its final
determination within 45 days after the
Department makes its final
determination.
Disclosure and Public Comment
The Department intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
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18:37 Apr 08, 2016
Jkt 238001
days of its public announcement.13
Interested parties may submit case and
rebuttal briefs, as well as request a
hearing.14 For a schedule of the
deadlines for filing case briefs, rebuttal
briefs, and hearing requests, see the
Preliminary Decision Memorandum.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: April 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Alignment
IV. Scope Comments
V. Scope of the Investigation
VI. Injury Test
VII. Application of the CVD Law to Imports
from the PRC
VIII. Subsidies Valuation
IX. Benchmarks and Interest Rates
X. Use of Facts Otherwise Available and
Adverse Inferences
XI. Analysis of Programs
XII. Disclosure and Public Comment
XIII. Conclusion
Appendix II
Scope of the Investigation
The products covered by this investigation
are iron mechanical transfer drive
components, whether finished or unfinished
(i.e., blanks or castings). Subject iron
mechanical transfer drive components are in
the form of wheels or cylinders with a center
bore hole that may have one or more grooves
or teeth in their outer circumference that
guide or mesh with a flat or ribbed belt or
like device and are often referred to as
sheaves, pulleys, flywheels, flat pulleys,
idlers, conveyer pulleys, synchronous
13 See
14 See
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19 CFR 351.224(b).
19 CFR 351.309(c)–(d), 19 CFR 351.310(c).
Frm 00010
Fmt 4703
Sfmt 4703
sheaves, and timing pulleys. The products
covered by this investigation also include
bushings, which are iron mechanical transfer
drive components in the form of a cylinder
and which fit into the bore holes of other
mechanical transfer drive components to lock
them into drive shafts by means of elements
such as teeth, bolts, or screws.
Iron mechanical transfer drive components
subject to this investigation are those not less
than 4.00 inches (101 mm) in the maximum
nominal outer diameter.
Unfinished iron mechanical transfer drive
components (i.e., blanks or castings) possess
the approximate shape of the finished iron
mechanical transfer drive component and
have not yet been machined to final
specification after the initial casting, forging
or like operations. These machining
processes may include cutting, punching,
notching, boring, threading, mitering, or
chamfering.
Subject merchandise includes iron
mechanical transfer drive components as
defined above that have been finished or
machined in a third country, including but
not limited to finishing/machining processes
such as cutting, punching, notching, boring,
threading, mitering, or chamfering, or any
other processing that would not otherwise
remove the merchandise from the scope of
the investigation if performed in the country
of manufacture of the iron mechanical
transfer drive components.
Subject iron mechanical transfer drive
components are covered by the scope of the
investigation regardless of width, design, or
iron type (e.g., gray, white, or ductile iron).
Subject iron mechanical transfer drive
components are covered by the scope of the
investigation regardless of whether they have
non-iron attachments or parts and regardless
of whether they are entered with other
mechanical transfer drive components or as
part of a mechanical transfer drive assembly
(which typically includes one or more of the
iron mechanical transfer drive components
identified above, and which may also include
other parts such as a belt, coupling and/or
shaft). When entered as a mechanical transfer
drive assembly, only the iron components
that meet the physical description of covered
merchandise are covered merchandise, not
the other components in the mechanical
transfer drive assembly (e.g., belt, coupling,
shaft).
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Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices
For purposes of this investigation, a
covered product is of ‘‘iron’’ where the article
has a carbon content of 1.7 percent by weight
or above, regardless of the presence and
amount of additional alloying elements.
The merchandise covered by this
investigation is currently classifiable under
Harmonized Tariff Schedule of the United
States (‘‘HTSUS’’) subheadings 8483.30.8090,
8483.50.6000, 8483.50.9040, 8483.50.9080,
8483.90.3000, 8483.90.8080. Covered
merchandise may also enter under the
following HTSUS subheadings:
7325.10.0080, 7325.99.1000, 7326.19.0010,
7326.19.0080, 8431.31.0040, 8431.31.0060,
8431.39.0010, 8431.39.0050, 8431.39.0070,
8431.39.0080, and 8483.50.4000. These
HTSUS subheadings are provided for
convenience and customs purposes. The
written description of the scope of the
investigation is dispositive.
[FR Doc. 2016–08235 Filed 4–8–16; 8:45 a.m.]
BILLING CODE 3510–DS–P
International Trade Administration
[A–570–890]
Wooden Bedroom Furniture From the
People’s Republic of China: Final
Results and Final Determination of No
Shipments, In Part: 2014
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 14, 2015, the
Department of Commerce (the
‘‘Department’’) published the
preliminary results of the tenth
administrative review (‘‘AR’’) of the
antidumping duty order on wooden
bedroom furniture (‘‘WBF’’) from the
People’s Republic of China (‘‘PRC’’), in
accordance with sections 751(a)(1)(B) of
the Tariff Act of 1930, as amended (‘‘the
Act’’).1 The period of review (‘‘POR’’) is
January 1, 2014, through December 31,
2014. The AR covers 18 PRC exporters
of subject merchandise, of which the
Department selected one company for
individual examination, Shanghai Jian
Pu Import & Export Co., Ltd. (‘‘Shanghai
Jian Pu’’). The Department invited
interested parties to comment on the
Preliminary Results. We received
comments from the American Furniture
Manufactures Committee for Legal
Trade and Vaughan-Bassett Furniture
Company, Inc. (‘‘Petitioners’’). No other
party commented. After consideration of
Petitioners’ comments, our final results
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
1 See Wooden Bedroom Furniture From the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2014, 80
FR 77321 (December 14, 2015) (‘‘Preliminary
Results’’).
18:37 Apr 08, 2016
Background
For a complete description of the
events that followed the publication of
the Preliminary Results, see the Issues
and Decision Memorandum 2 which is
dated concurrently with, and hereby
adopted by, this notice.
Scope of the Order
DEPARTMENT OF COMMERCE
VerDate Sep<11>2014
remain unchanged from the Preliminary
Results.
DATES: Effective Date: April 11, 2016.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen, 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)
482–2769.
SUPPLEMENTARY INFORMATION:
Jkt 238001
The product covered by the order is
wooden bedroom furniture, subject to
certain exceptions.3 Imports of subject
merchandise are classified under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheadings:
9403.50.9042, 9403.50.9045,
9403.50.9080, 9403.50.9041,
9403.60.8081, 9403.20.0018,
9403.90.8041, 7009.92.1000 or
7009.92.5000. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written product description in the Order
remains dispositive.4
Analysis of the Comments Received
The issues raised in Petitioners’ case
brief are addressed in the Issues and
Decision Memorandum. A list of the
issues addressed in the Issues and
Decision Memorandum is appended to
this notice. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Services 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 of the main Department
2 See the memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Wooden Bedroom Furniture from the
People’s Republic of China: Issues and Decision
Memorandum for the Final Results of the 2014
Administrative Review’’ (‘‘Issues and Decision
Memorandum’’).
3 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Wooden Bedroom Furniture From the
People’s Republic of China, 70 FR 329 (January 4,
2005) (‘‘Order’’).
4 For a complete description of the scope of the
Order, see the Issues and Decision Memorandum.
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21319
building, room B8024. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
electronic version of the Issues and
Decision Memorandum are identical in
content.
Separate Rates
In the Preliminary Results, the
Department determined that seven
companies under review, including
Shanghai Jian Pu, the sole mandatory
respondent, did not establish their
eligibility for separate rate status and
would be treated as part of the PRCwide entity.5 We only received
comments on the Preliminary Results
from Petitioners, which agreed with our
preliminary separate rates
determination with respect to Shanghai
Jian Pu and did not comment on any
other entity under review. In these final
results of review, we continue to
determine that these seven companies
should be treated as part of the PRCwide entity because they have not
established their separate rate eligibility.
Because no party requested a review of
the PRC-wide entity, we are not
conducting a review of the PRC-wide
entity.6 Thus, there is no change to the
rate for the PRC-wide entity. The
existing rate for the PRC-wide entity is
216.01 percent.
Final Determination of No Shipments
In the Preliminary Results, we
determined that 11 companies subject to
this AR had no shipments during the
POR.7 We received no comments
5 See Preliminary Results at 80 FR 7576. The six
companies that did not establish their eligibility for
a separate rate, other than Shanghai Jian Pu, are: (1)
Baigou Crafts Factory of Fengkai; (2) Dongguan
Hung Sheng Artware Products Co., Ltd., Coronal
Enterprise Co., Ltd.; (3) Hualing Furniture (China)
Co., Ltd., Tony House Manufacture (China) Co.,
Ltd., Buysell Investments Ltd., Tony House
Industries Co., Ltd.; (4) Orient International Holding
Shanghai Foreign Trade Co., Ltd.; (5) Prime Wood
International Co., Ltd, Prime Best International Co.,
Ltd., Prime Best Factory, Liang Huang (Jiaxing)
Enterprise Co., Ltd.; and (6) Woodworth Wooden
Industries (Dong Guan) Co., Ltd.
6 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, 65969–70 (November 4, 2013).
7 The 11 companies with no shipments during the
POR are: (1) Clearwise Co., Ltd.; (2) Dongguan
Chengcheng Furniture Co., Ltd.; (3) Dongguan
Singways Furniture Co., Ltd.; (4) Eurosa (Kunshan)
Co., Ltd., Eurosa Furniture Co., (Pte) Ltd.; (5)
Golden Well International (HK) Ltd.; (6) Hangzhou
Cadman Trading Co., Ltd.; (7) Rizhao Sanmu
Woodworking Co., Ltd.; (8) Shenyang Shining
Dongxing Furniture Co., Ltd.; (9) Wuxi Yushea
Furniture Co., Ltd.; (10) Yeh Brothers World Trade
E:\FR\FM\11APN1.SGM
Continued
11APN1
]]>Agencies
[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Notices]
[Pages 21316-21319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08235]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-031]
Countervailing Duty Investigation of Certain Iron Mechanical
Transfer Drive Components From the People's Republic of China:
Preliminary Affirmative Determination and Alignment of Final
Determination With Final Antidumping Duty Determination
AGENCY: 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 and exporters of certain iron mechanical transfer drive
components (``ITDCs'') from the People's Republic of China (``PRC'').
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: April 11, 2016.
FOR FURTHER INFORMATION CONTACT: Brandon Farlander, Robert Galantucci,
and Robert Bolling, 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) 482-0182, (202) 482-2923, or (202) 482-3434,
respectively.
SUPPLEMENTARY INFORMATION:
Scope Comments
In accordance with the preamble to the Department's regulations,\1\
we set aside a period of time in our Initiation Notice for parties to
raise issues regarding product coverage, and we encouraged all parties
to submit comments within 20 calendar days of the signature date of
that notice.\2\
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\1\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (``Preamble'').
\2\ See Certain Iron Mechanical Transfer Drive Components From
the People's Republic of China: Initiation of Countervailing Duty
Investigation, 80 FR 73722 (November 25, 2015).
---------------------------------------------------------------------------
We received several comments concerning the scope of the
antidumping duty (``AD'') and CVD investigations of ITDCs from the PRC
and Canada. On March 30, 2016, Petitioner filed an amendment to the
scope to exclude certain finished torsional vibration dampeners
(``TVDs''), as defined in the amended scope.\3\ Petitioner also noted
that it is considering a potential additional exclusion to the scope to
cover certain parts of TVDs.\4\ Also, on March 30, 2016, NOK Wuxi
notified the Department of its intent to withdraw from participation in
this investigation, contingent on the Department's acceptance and
inclusion of Petitioner's amendment to the scope.\5\ Because
Petitioner's proposed scope amendment was filed two days before the due
date for the preliminary determination, the Department does not have
sufficient time before the fully extended scheduled signature due date
of the CVD preliminary determination to consider this proposed
amendment to the scope. However, the Department will evaluate the scope
comments and intends to issue its preliminary decision regarding the
scope of the AD and CVD investigations in the preliminary determination
of the companion antidumping investigations, which are due for
signature on May 31, 2016.
---------------------------------------------------------------------------
\3\ See Submission of Petitioner, ``Certain Iron Mechanical
Transfer Drive Components from Canada and the People's Republic of
China: Petitioner's Amendment to the Scope,'' dated March 30, 2016.
\4\ Id.
\5\ See Submission of NOK Wuxi, ``Certain Iron Mechanical
Transfer Drive Components from the People's Republic of China:
Withdrawal from Investigation,'' dated March 30, 2016.
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are ITDCs from the PRC.
For a complete description of the scope of this investigation, see
Appendix II to this notice.
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
[[Page 21317]]
recipient, and that the subsidy is specific.\6\ For a full description
of the methodology underlying our preliminary conclusions, see the
Preliminary Decision Memorandum.\7\ 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
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 Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic version are identical in content.
---------------------------------------------------------------------------
\6\ 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.
\7\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Decision Memorandum for the Preliminary Affirmative Countervailing
Duty Determination in the Countervailing Duty Investigation of
Certain Iron Mechanical Transfer Drive Components from the People's
Republic of China,'' dated concurrently with, and hereby adopted by,
this notice (``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------
The Department notes that, in making these findings, we relied, in
part, on facts available and, because we find that one or more
respondents did not act to the best of their ability to respond to the
Department's requests for information, we drew an adverse inference
where appropriate in selecting from among the facts otherwise
available.\8\ For further information, see ``Use of Facts Otherwise
Available and Adverse Inferences'' in the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\8\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Determination Memorandum, based on a
request made by the petitioner TB Wood's Incorporated, we are aligning
the final CVD investigation in this investigation with the final
determination in the companion AD investigation of ITDCs in accordance
with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4).\9\
Consequently, the final CVD determination will be issued on the same
date as the final AD determination, which is currently scheduled to be
issued no later than August 14, 2016, unless postponed.\10\
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\9\ See Letter from Petitioner, ``Certain Iron Mechanical
Transfer Drive Components from the People's Republic of China:
Petitioner's Request to Align the Countervailing Duty Final
Determination with the Companion Antidumping Duty Final
Determination,'' dated March 24, 2016.
\10\ We note that the current deadline for the final AD
determination is August 14, 2016, which is a Sunday. Pursuant to
Department practice, the signature date will be the next business
day, which is Monday, August 15, 2016. See Notice of Clarification:
Application of ``Next Business Day'' Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act of 1930, As
Amended, 70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------
Preliminary Determination and Suspension of Liquidation\11\
---------------------------------------------------------------------------
\11\ As explained in the memorandum from the Acting Assistant
Secretary for Enforcement and Compliance, the Department has
exercised its discretion to toll all administrative deadlines due to
the recent closure of the Federal Government. See Memorandum to the
Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance,
regarding ``Tolling of Administrative Deadlines As a Result of the
Government Closure During Snowstorm Jonas,'' dated January 27, 2016.
All deadlines in this segment of the proceeding have been extended
by four business days. The revised deadline for the preliminary
determination of this investigation is now April 1, 2016.
---------------------------------------------------------------------------
In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated an individual estimated countervailable subsidy rate for
each exporter/producer of the subject merchandise individually
investigated. Additionally, in accordance with sections 703(d) and
705(c)(5)(A) of the Act, for companies not individually investigated,
we apply an ``all-others'' rate, which is normally calculated by weight
averaging the subsidy rates of the companies selected for individual
investigation by those companies' exports of the subject merchandise to
the United States, excluding rates that are zero or de minimis or any
rates determined entirely on the facts otherwise available.
Accordingly, in these preliminary results, we have calculated the
``all-others'' rate by weight-averaging the calculated subsidy rates of
the two individually investigated respondents, using the respondent's
publicly-ranged sales data for exports of subject merchandise to the
United States.\12\ We preliminarily determine the countervailable
subsidy rates to be:
---------------------------------------------------------------------------
\12\ See Memorandum to the File, ``Countervailing Duty
Investigation of Certain Iron Mechanical Transfer Drive Components
from the People's Republic of China: Preliminary Determination
Margin Calculation for All-Others,'' dated concurrently with this
memorandum.
------------------------------------------------------------------------
Subsidy rate
Exporter/Producer (percent)
------------------------------------------------------------------------
NOK (Wuxi) Vibration Control China Co., Ltd., and 2.68
Wuxi NOK--Freudenberg Oil Seal Co., Ltd.............
Powermach Import & Export Co., Ltd. (Sichuan), 33.94
Sichuan Dawn Precision Technology Co., Ltd., Sichuan
Dawn Foundry Co. Ltd., and Powermach Machinery Co.,
Ltd.................................................
Changzhou Baoxin Metallurgy Equipment Manufacturing 166.77
Co. Ltd.*...........................................
Changzhou Changjiang Gear Co., Ltd.*................. 166.77
Changzhou Gangyou Lifting Equipment Co., Ltd.*....... 166.77
Changzhou Juling Foundry Co., Ltd.*.................. 166.77
Changzhou Liangjiu Mechanical Manufacturing Co Ltd.*. 166.77
Changzhou New Century Sprocket Group Company *....... 166.77
Changzhou Xiangjin Precision Machinery Co., Ltd.*.... 166.77
FIT Bearings*........................................ 166.77
Fuzhou Minyue Mechanical & Electrical Co., Ltd.*..... 166.77
Hangzhou Chinabase Machinery Co., Ltd.*.............. 166.77
Hangzhou Ever Power Transmission Group *............. 166.77
Hangzhou Vision Chain Transmission Co., Ltd.*........ 166.77
Hangzhou Xingda Machinery Co., Ltd.*................. 166.77
Henan Xinda International Trading Co., Ltd.*......... 166.77
Henan Zhiyuan Machinery Sprocket Co. Ltd.*........... 166.77
Jiangsu Songlin Automobile Parts Co., Ltd.*.......... 166.77
Martin Sprocket & Gear (Changzhou) Co., Ltd.*........ 166.77
Ningbo Blue Machines Co., Ltd.*...................... 166.77
[[Page 21318]]
Ningbo Fulong Synchronous Belt Co., Ltd.*............ 166.77
Ningbo Royu Machinery Co., Ltd.*..................... 166.77
Praxair Surface Technologies*........................ 166.77
Qingdao Dazheng Jin Hao International Trade Co., 166.77
Ltd.*...............................................
Quanzhou Licheng Xintang Automobile Parts Co., Ltd. 166.77
(``XTP Auto Parts'')*...............................
Shangyu Shengtai Machinery Co., Ltd.*................ 166.77
Shenzhen Derui Sourcing Co., Ltd.*................... 166.77
Shengzhou Shuangdong Machinery Co., Ltd.*............ 166.77
Shengzhou Xinglong Machinery *....................... 166.77
Sichuan Reach Jiayuan Machinery Co. Ltd.*............ 166.77
Tran-Auto Industries Co. Ltd.*....................... 166.77
Ubet Machinery *..................................... 166.77
All-Others........................................... 15.51
------------------------------------------------------------------------
* Non-cooperative company to which an adverse facts available rate is
being applied. See ``Use of Facts Otherwise Available and Adverse
Inferences,'' section in the Preliminary Decision Memorandum.
In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we
are directing U.S. Customs and Border Protection to suspend liquidation
of all entries of ITDCs from the PRC as described in the ``Scope of the
Investigation'' that are entered, or withdrawn from warehouse, for
consumption on or after the date of the publication of this notice in
the Federal Register, and to require a cash deposit for such entries of
merchandise in the amounts indicated above.
Verification
As provided in section 782(i)(1) of the Act, we intend to verify
the information submitted by the respondents prior to making our final
determination.
International Trade Commission Notification
In accordance with section 703(f) of the Act, we will notify the
International Trade Commission (``ITC'') of our determination. In
addition, we are making available to the ITC all non-privileged and
non-proprietary information relating to this investigation. We will
allow the ITC access to all privileged and business proprietary
information in our files, provided the ITC confirms that it will not
disclose such information, either publicly or under an administrative
protective order, without the written consent of the Assistant
Secretary for Enforcement and Compliance.
In accordance with section 705(b)(2) of the Act, if our final
determination is affirmative, the ITC will make its final determination
within 45 days after the Department makes its final determination.
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with this preliminary
determination within five days of its public announcement.\13\
Interested parties may submit case and rebuttal briefs, as well as
request a hearing.\14\ For a schedule of the deadlines for filing case
briefs, rebuttal briefs, and hearing requests, see the Preliminary
Decision Memorandum.
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\13\ See 19 CFR 351.224(b).
\14\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
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This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: April 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Alignment
IV. Scope Comments
V. Scope of the Investigation
VI. Injury Test
VII. Application of the CVD Law to Imports from the PRC
VIII. Subsidies Valuation
IX. Benchmarks and Interest Rates
X. Use of Facts Otherwise Available and Adverse Inferences
XI. Analysis of Programs
XII. Disclosure and Public Comment
XIII. Conclusion
Appendix II
Scope of the Investigation
The products covered by this investigation are iron mechanical
transfer drive components, whether finished or unfinished (i.e.,
blanks or castings). Subject iron mechanical transfer drive
components are in the form of wheels or cylinders with a center bore
hole that may have one or more grooves or teeth in their outer
circumference that guide or mesh with a flat or ribbed belt or like
device and are often referred to as sheaves, pulleys, flywheels,
flat pulleys, idlers, conveyer pulleys, synchronous sheaves, and
timing pulleys. The products covered by this investigation also
include bushings, which are iron mechanical transfer drive
components in the form of a cylinder and which fit into the bore
holes of other mechanical transfer drive components to lock them
into drive shafts by means of elements such as teeth, bolts, or
screws.
Iron mechanical transfer drive components subject to this
investigation are those not less than 4.00 inches (101 mm) in the
maximum nominal outer diameter.
Unfinished iron mechanical transfer drive components (i.e.,
blanks or castings) possess the approximate shape of the finished
iron mechanical transfer drive component and have not yet been
machined to final specification after the initial casting, forging
or like operations. These machining processes may include cutting,
punching, notching, boring, threading, mitering, or chamfering.
Subject merchandise includes iron mechanical transfer drive
components as defined above that have been finished or machined in a
third country, including but not limited to finishing/machining
processes such as cutting, punching, notching, boring, threading,
mitering, or chamfering, or any other processing that would not
otherwise remove the merchandise from the scope of the investigation
if performed in the country of manufacture of the iron mechanical
transfer drive components.
Subject iron mechanical transfer drive components are covered by
the scope of the investigation regardless of width, design, or iron
type (e.g., gray, white, or ductile iron). Subject iron mechanical
transfer drive components are covered by the scope of the
investigation regardless of whether they have non-iron attachments
or parts and regardless of whether they are entered with other
mechanical transfer drive components or as part of a mechanical
transfer drive assembly (which typically includes one or more of the
iron mechanical transfer drive components identified above, and
which may also include other parts such as a belt, coupling and/or
shaft). When entered as a mechanical transfer drive assembly, only
the iron components that meet the physical description of covered
merchandise are covered merchandise, not the other components in the
mechanical transfer drive assembly (e.g., belt, coupling, shaft).
[[Page 21319]]
For purposes of this investigation, a covered product is of
``iron'' where the article has a carbon content of 1.7 percent by
weight or above, regardless of the presence and amount of additional
alloying elements.
The merchandise covered by this investigation is currently
classifiable under Harmonized Tariff Schedule of the United States
(``HTSUS'') subheadings 8483.30.8090, 8483.50.6000, 8483.50.9040,
8483.50.9080, 8483.90.3000, 8483.90.8080. Covered merchandise may
also enter under the following HTSUS subheadings: 7325.10.0080,
7325.99.1000, 7326.19.0010, 7326.19.0080, 8431.31.0040,
8431.31.0060, 8431.39.0010, 8431.39.0050, 8431.39.0070,
8431.39.0080, and 8483.50.4000. These HTSUS subheadings are provided
for convenience and customs purposes. The written description of the
scope of the investigation is dispositive.
[FR Doc. 2016-08235 Filed 4-8-16; 8:45 a.m.]
BILLING CODE 3510-DS-P
