Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Preliminary Results, Partial Rescission of Antidumping Duty Administrative Review, and Preliminary Rescission of New Shipper Review; 2014-2015, 45455-45458 [2016-16467]

Download as PDF Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices the establishment-specific data does not include papers that use the data that are not peer-reviewed. Another commenter recommended that FSIS reassess the Plan after one year. If after one year FSIS determines that the data release program is not achieving its intended goals, the Agency should change the Plan. Response: FSIS acknowledges that it is impossible to anticipate every way in which the released establishmentspecific data will be used. The Plan, however, presents a framework of performance measures that will adequately inform future data releases. This framework includes a combination of the seven quantitative metrics listed, along with qualitative measures, such as assessments of how data are interpreted and used by stakeholders. FSIS will regularly review these metrics and use them to guide future choices for data release. asabaliauskas on DSK3SPTVN1PROD with NOTICES USDA Nondiscrimination Statement No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, marital status, family/ parental status, income derived from a public assistance program, or political beliefs, exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States under any program or activity conducted by the USDA. To file a complaint of discrimination, complete the USDA Program Discrimination Complaint Form, which may be accessed online at http:// www.ocio.usda.gov/sites/default/files/ docs/2012/Complain_combined_6_8_ 12.pdf, or write a letter signed by you or your authorized representative. Send your completed complaint form or letter to USDA by mail, fax, or email: Mail U.S. Department of Agriculture Director, Office of Adjudication, 1400 Independence Avenue SW., Washington, DC 20250–9410. Fax (202) 690–7442 Email program.intake@usda.gov Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202)720–2600 (voice and TDD). Additional Public Notification FSIS will announce this notice online through the FSIS Web page located at http://www.fsis.usda.gov/federalregister. VerDate Sep<11>2014 19:33 Jul 13, 2016 Jkt 238001 FSIS will also make copies of this Federal Register publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, Federal Register notices, FSIS public meetings, and other types of information that could affect or would be of interest to constituents and stakeholders. The Update is communicated via Listserv, a free electronic mail subscription service for industry, trade groups, consumer interest groups, health professionals, and other individuals who have asked to be included. The Update is also available on the FSIS Web page. In addition, FSIS offers an electronic mail subscription service which provides automatic and customized access to selected food safety news and information. This service is available at http://www.fsis.usda.gov/subscribe. Options range from recalls to export information to regulations, directives, and notices. Customers can add or delete subscriptions themselves, and have the option to password protect their accounts. Done at Washington, DC, on July 11, 2016. Alfred V. Almanza, Acting Administrator. [FR Doc. 2016–16642 Filed 7–13–16; 8:45 am] BILLING CODE 3410–DM–P 45455 by incoming NAs. They are asked to provide personal identifying data including home address, date and place of birth, employer name and address, and basic security information. The data provided by the collection instruments is input into NAIS which automatically populates the appropriate forms, and is routed through the approval process. NIST’s Office of Security receives security forms through the NAIS process and is able to allow preliminary access to NIST for NAs. The data collected is the basis for further security investigations as necessary. Affected Public: Individuals or households. Frequency: Once. Respondent’s Obligation: Required to obtain or retain benefits. This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov or fax to (202) 395–5806. Dated: July 8, 2016. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2016–16600 Filed 7–13–16; 8:45 am] DEPARTMENT OF COMMERCE BILLING CODE 3510–13–P Submission for OMB Review; Comment Request DEPARTMENT OF COMMERCE The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35). Agency: National Institute of Standards and Technology (NIST). Title: NIST Associates Information System (NAIS). OMB Control Number: 0693–0067. Form Number(s): None. Type of Request: Regular submission (extension). Number of Respondents: 4,000. Average Hours per Response: 30 minutes. Burden Hours: 2,000. Needs and Uses: NIST Associates (NA) will include guest researchers, research associates, contractors, and other non-NIST employees that require access to the NIST campuses or resources. The NIST Associates Information System (NAIS) information collection instruments(s) are completed PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 International Trade Administration [A–570–601] Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People’s Republic of China: Preliminary Results, Partial Rescission of Antidumping Duty Administrative Review, and Preliminary Rescission of New Shipper Review; 2014–2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) is conducting an administrative review (AR) and a new shipper review (NSR) of the antidumping duty order on tapered roller bearings and parts thereof, finished and unfinished (TRBs), from the People’s Republic of China (PRC). The AR covers four 1 exporters, of which AGENCY: 1 This figure does not include one exporter for which the Department is preliminarily rescinding the administrative review. E:\FR\FM\14JYN1.SGM 14JYN1 45456 Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices the Department selected two mandatory respondents for individual examination (i.e., Changshan Peer Bearing Co. Ltd. (CPZ/SKF); and Yantai CMC Bearing Co., Ltd. (Yantai CMC)). The NSR covers Shandong Bolong Bearing Co., Ltd. (Bolong). The period of review (POR) is June 1, 2014, through May 31, 2015. We preliminarily determine that sales of subject merchandise have been made below normal value (NV). In addition, we preliminarily determine that Bolong’s sale to the United States is not bona fide, as required by section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the Act).2 Therefore, we are preliminarily rescinding this NSR. If these preliminary results are adopted in the final results of this review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: July 14, 2016. FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or Manuel Rey, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6345 or (202) 482–5518, respectively. SUPPLEMENTARY INFORMATION: asabaliauskas on DSK3SPTVN1PROD with NOTICES Scope of the Order The merchandise covered by the order includes tapered roller bearings and parts thereof. The subject merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 8482.20.00, 8482.91.00.50, 8482.99.15, 8482.99.45, 8483.20.40, 8483.20.80, 8483.30.80, 8483.90.20, 8483.90.30, 8483.90.80, 8708.70.6060, 8708.99.2300, 8708.99.4850, 8708.99.6890, 8708.99.8115, and 8708.99.8180. The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope of the order is dispositive.3 2 On February 24, 2016, the President of the United States signed into law the Trade Facilitation and Trade Enforcement Act of 2015, Public Law 114–125 (February 24, 2016), which made amendments to section 751(a)(2)(B) of the Act. These amendments apply to this determination. 3 For a complete description of the scope of the order, see memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, entitled ‘‘Decision Memorandum for the Preliminary Results of the 2014–2015 Antidumping Duty Administrative Review and New Shipper Review of Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People’s VerDate Sep<11>2014 19:33 Jul 13, 2016 Jkt 238001 Tolling of Deadlines for Preliminary Results As explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department exercised its discretion to toll all administrative deadlines for the duration of the closure of the Federal Government during Snowstorm ‘‘Jonas.’’ 4 Therefore, all deadlines in this segment of the proceeding have been extended by four days. The revised deadline for the preliminary results of this review is now July 5, 2016. Partial Rescission of the Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review. On October 27, 2015, GGB Bearing Technology (Suzhou) Co., Ltd. (GGB) timely withdrew its request for an administrative review.5 No other party had requested a review of GGB. Based on the timely withdrawal of the request for review and because GGB established its entitlement to a separate rate from a prior segment, the Department is rescinding this administrative review with respect to GGB, in accordance with 19 CR 351.213(d)(1). Preliminary Rescission of the NSR As discussed in the Bona Fides Analysis Memorandum,6 the Department preliminarily finds that the single sale made by Bolong to the United States during the POR is not a bona fide sale. The Department reached this conclusion based on the totality of the circumstances surrounding the reported sale, including: (I) the prices of such sales; (II) whether such sales were made in commercial Republic of China’’ (Preliminary Decision Memorandum), issued concurrently with and hereby adopted by this notice. 4 See Memorandum to the Record from Ron Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, regarding ‘‘Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,’’ dated January 27, 2016. 5 See Letter to the Department from GGB, ‘‘Withdrawal of Administrative Review Request in the Antidumping Duty Order on Tapered Roller Bearings from the People’s Republic of China (POR: 06/01/14–5/31/15),’’ dated October 27, 2015. 6 See Memorandum from Manuel Rey, International Trade Analyst, to Melissa Skinner, Director of AD/CVD Operations, dated July 5, 2016 entitled, ‘‘New Shipper Review of Tapered Roller Bearings and Parts Thereof from the People’s Republic of China—Bona Fides Sales Analysis’’ (Bona Fides Analysis Memorandum), issued concurrently with and hereby adopted by this notice. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 quantities; (III) the timing of such sales; (IV) the expenses arising from such sales; (V) whether the subject merchandise involved in such sales was resold in the United States at a profit; (VI) whether such sales were made on an arms-length basis; and (VII) any other factor {it} determines to be relevant as to whether such sales are, or are not, likely to be typical of those the exporter or producer will make after completion of the review.7 Because the non-bona fide sale was the only reported sale of subject merchandise during the POR, and thus there are no reviewable transactions on this record, we are preliminarily rescinding the NSR. Because much of the factual information used in our analysis of Bolong’s sale involves business proprietary information, a full discussion of the basis for our preliminary determination is set forth in the Bona Fides Analysis Memorandum. We further note that Bolong’s NSR request did not conform to the Department’s regulations at 19 CFR 351.214(b)(2)(ii). 19 CFR 351.214(b)(2)(ii) requires that, in order to qualify for a NSR, the requestor must provide certifications from both itself and any company that supplied it with subject merchandise that neither party exported the subject merchandise to the United States during the period of investigation. In this case, Bolong purchased in-scope components from unaffiliated producers, and it failed to provide the certifications required by 19 CFR 351.214(b)(2)(ii) from those producers. The Department requires appropriate certifications from any company requesting a NSR that sources in-scope merchandise, whether finished or unfinished, from its suppliers. In conjunction with any arguments that its reported sale is bona fide, Bolong shall submit the requisite certifications from the suppliers of the subject merchandise. Methodology The Department is conducting this review in accordance with section 751(a)(1)(B) of the Act. As noted above, there are two mandatory respondents in this administrative review: CPZ/SKF and Yantai CMC. For CPZ/SKF, we calculated constructed export prices in accordance with section 772 of the Act. Because the PRC is a non-market economy (NME) within the meaning of section 771(18) of the Act, NV has been calculated in accordance with section 773(c) of the Act. For Yantai CMC, we preliminarily find that this respondent is ineligible for a separate rate because it has failed to demonstrate an absence of de facto 7 See E:\FR\FM\14JYN1.SGM section 751(a)(2)(B)(iv) of the Act. 14JYN1 Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices government control in this administrative review. Therefore, we did not calculate a separate margin for Yantai CMC. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and 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 found at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as the Appendix to this notice. Rate for Non-Examined Companies Which Are Eligible for a Separate Rate As indicated in the ‘‘Preliminary Results of Review’’ section below, we preliminarily determine that a margin of zero percent applies to the two firms not selected for individual review but determined to be eligible for a separate rate. For further information, see the Preliminary Decision Memorandum at ‘‘Rate for Non-Examined Companies Which Are Eligible for a Separate Rate.’’ asabaliauskas on DSK3SPTVN1PROD with NOTICES Preliminary Results of Review Because Yantai CMC did not demonstrate that it was entitled to a separate rate, the Department preliminarily finds Yantai CMC to be part of the PRC-wide entity.8 The rate previously established for the PRC-wide entity is 92.84 percent. The Department preliminarily determines that the following weightedaverage dumping margins exist for the 8 See Preliminary Decision Memorandum, at 8– 10. Pursuant to the Department’s change in practice, the Department no longer considers the NME entity as an exporter conditionally subject to administrative reviews. See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 2013). Under this practice, the NME entity will not be under review unless a party specifically requests, or the Department selfinitiates, a review of the entity. Because no party requested a review of the entity, the entity is not under review and the entity’s rate is not subject to change. VerDate Sep<11>2014 19:33 Jul 13, 2016 Jkt 238001 period June 1, 2014, through May 31, 2015: Weightedaverage percent margin Exporters Changshan Peer Bearing Co., Ltd ........................................... Haining Nice Flourish Auto Parts Co., Ltd * ................................. Roci International (HK) Limited * 45457 Unless otherwise extended, the Department intends to issue the final results of this administrative review, which will include the results of its analysis of all issues raised in the case briefs, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act. 0.00 Assessment Rates 0.00 Upon issuance of the final results of 0.00 the administrative review, the * This company demonstrated that it quali- Department will determine, and CBP fied for a separate rate in this administrative shall assess, antidumping duties on all review. appropriate entries covered by this review.15 If the preliminary results are Disclosure and Public Comment unchanged for the final results we will The Department will disclose instruct CBP to apply an ad valorem calculations performed for these assessment rate of zero percent to all preliminary results to the parties within entries of subject merchandise during five days of the date of publication of the zero percent to all entries of subject this notice in accordance with 19 CFR merchandise during the POR which 351.224(b). Interested parties may were produced and/or exported by CPZ/ submit case briefs no later than 30 days SKF and the two aforementioned after the date of publication of these companies which were not selected for preliminary results of review.9 Rebuttals individual examination but were found to case briefs may be filed no later than to be eligible for a separate rate. five days after case briefs are filed and If we determine in the final results all rebuttal briefs must be limited to that an individually-examined comments raised in the case briefs.10 respondent in the administrative review Parties who submit comments are (e.g., CPZ/SKF) has a weighted-average requested to submit with the argument: dumping margin which is not zero or de (1) A statement of the issue; (2) a brief minimis (i.e., less than 0.5 percent), then summary of the argument; and (3) a we will calculate importer-specific table of authorities.11 assessment rates based on the ratio of Any interested party may request a the total amount of dumping calculated hearing within 30 days of publication of for the importer’s examined sales to the this notice.12 Hearing requests should total entered value of those sales, in contain the following information: (1) accordance with 19 CFR 351.212(b)(1).16 The party’s name, address, and For the final results, if we continue to telephone number; (2) the number of treat Yantai CMC as part of the PRCparticipants; and (3) a list of the issues wide entity, we will instruct CBP to to be discussed. Oral presentations will apply an ad valorem assessment rate of be limited to issues raised in the 92.84 percent to all entries of subject briefs.13 If a request for a hearing is merchandise during the POR which made, parties will be notified of the were exported by Yantai CMC. time and date for the hearing to be held We intend to issue assessment at the U.S. Department of Commerce, instructions to CBP 15 days after the 14th Street and Constitution Avenue publication of the final results of this NW., Washington, DC 20230.14 review. For entries that were not reported in All submissions, with limited the U.S. sales databases submitted by exceptions, must be filed electronically companies individually examined using ACCESS. An electronically filed document must be received successfully during the administrative review, the Department will instruct CBP to in its entirety by 5 p.m. Eastern Time liquidate such entries at the PRC-wide (ET) on the due date. Documents excepted from the electronic submission rate. In addition, if the Department determines that an exporter under requirements must be filed manually review had no shipments of the subject (i.e., in paper form) with the APO/ merchandise, any suspended entries Dockets Unit in Room 18022 and that entered under that exporter’s case stamped with the date and time of receipt by 5 p.m. ET on the due date. PO 00000 15 See 9 See 19 CFR 351.309(c)(1)(ii). 10 See 19 CFR 351.309(d). 11 See 19 CFR 351.309(c)(2). 12 See 19 CFR 351.310(c). 13 Id. 14 See 19 CFR 351.310(d). Frm 00009 Fmt 4703 Sfmt 4703 19 CFR 351.212(b)(1). these preliminary results, the Department applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). 16 In E:\FR\FM\14JYN1.SGM 14JYN1 45458 Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices number (i.e., at that exporter’s rate) will be liquidated at the PRC-wide rate.17 If we proceed to a final rescission of the NSR, Bolong’s entries will be assessed at the rate entered.18 If we do not proceed to a final rescission of the NSR, pursuant to 19 CFR 351.212(b)(1), we will calculate an importer-specific assessment rate for Bolong. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this NSR if the importer-specific assessment rate calculated in the final results of this NSR is above de minimis.19 asabaliauskas on DSK3SPTVN1PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporters listed above which have a separate rate, the cash deposit rate will be the rate established in the final results of this review (except, if the rate is zero or de minimis, then a cash deposit rate of zero will be established for that company); (2) for previously investigated or reviewed PRC and nonPRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this proceeding; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the PRCwide entity, 92.84 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Effective upon publication of the final rescission or the final results of the NSR, pursuant to section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e), the Department will instruct CBP to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise by Bolong. If the Department proceeds to a final rescission of the NSR, the cash deposit rate will continue to be the PRC-wide rate for Bolong because the Department will not have determined an individual margin of dumping for this company. If the Department issues final results for the NSR, the Department will instruct CBP to collect a cash deposit, effective upon the publication of the final results, at the rate established therein. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these preliminary results of reviews in accordance with sections 751(a)(l), 751(a)(2)(B) and 777(i)(l) of the Act, and 19 CFR 351.221(b)(4). Dated: July 5, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Bona Fides Analysis 5. Discussion of the Methodology for the Administrative Review a. Non-Market Economy Country b. Separate Rates c. Separate Rate Assigned to Non-Selected Companies d. The PRC-Wide Entity e. Collapsing of CPZ/SKF With Another Producer of TRBs f. Surrogate Country g. Date of Sale h. Comparisons to Normal Value i. Determination of Comparison Method j. Constructed Export Price k. Value-Added Tax (VAT) l. Normal Value m. Currency Conversion 6. Conclusion [FR Doc. 2016–16467 Filed 7–13–16; 8:45 am] BILLING CODE 3510–DS–P 17 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). VerDate Sep<11>2014 19:33 Jul 13, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XE693 Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Crab Rationalization Cost Recovery Program National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification of fee percentage. AGENCY: NMFS publishes notification of a 1.60 percent fee for cost recovery under the Bering Sea and Aleutian Islands Crab Rationalization Program. This action is intended to provide holders of crab allocations with the fee percentage for the 2016/2017 crab fishing year so they can calculate the required payment for cost recovery fees that must be submitted by July 31, 2017. DATES: The Crab Rationalization Program Registered Crab Receiver permit holder is responsible for submitting the fee liability payment to NMFS on or before July 31, 2017. FOR FURTHER INFORMATION CONTACT: Keeley Kent, 907–586–7228. SUPPLEMENTARY INFORMATION: SUMMARY: Background NMFS Alaska Region administers the Bering Sea and Aleutian Islands Crab Rationalization Program (Program) in the North Pacific. Fishing under the Program began on August 15, 2005. Regulations implementing the Program can be found at 50 CFR part 680. The Program is a limited access system authorized by section 313(j) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The Program includes a cost recovery provision to collect fees to recover the actual costs directly related to the management, data collection, and enforcement of the Program. The Program implemented under the authority of section 313(j) is consistent with the cost recovery provisions included under section 304(d)(2)(A) of the Magnuson-Stevens Act. NMFS developed the cost recovery provision to conform to statutory requirements and to reimburse the agency for the actual costs directly related to the management, data collection, and enforcement of the Program. The cost recovery provision allows collection of 133 percent of the actual management, data collection, and enforcement costs up to 3 percent of the E:\FR\FM\14JYN1.SGM 14JYN1

Agencies

[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Notices]
[Pages 45455-45458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16467]


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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 Results, 
Partial Rescission of Antidumping Duty Administrative Review, and 
Preliminary Rescission of New Shipper Review; 2014-2015

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

SUMMARY: The Department of Commerce (Department) is conducting an 
administrative review (AR) and a new shipper review (NSR) of the 
antidumping duty order on tapered roller bearings and parts thereof, 
finished and unfinished (TRBs), from the People's Republic of China 
(PRC). The AR covers four \1\ exporters, of which

[[Page 45456]]

the Department selected two mandatory respondents for individual 
examination (i.e., Changshan Peer Bearing Co. Ltd. (CPZ/SKF); and 
Yantai CMC Bearing Co., Ltd. (Yantai CMC)). The NSR covers Shandong 
Bolong Bearing Co., Ltd. (Bolong). The period of review (POR) is June 
1, 2014, through May 31, 2015.
---------------------------------------------------------------------------

    \1\ This figure does not include one exporter for which the 
Department is preliminarily rescinding the administrative review.
---------------------------------------------------------------------------

    We preliminarily determine that sales of subject merchandise have 
been made below normal value (NV). In addition, we preliminarily 
determine that Bolong's sale to the United States is not bona fide, as 
required by section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as 
amended (the Act).\2\ Therefore, we are preliminarily rescinding this 
NSR. If these preliminary results are adopted in the final results of 
this review, we will instruct U.S. Customs and Border Protection (CBP) 
to assess antidumping duties on all appropriate entries. Interested 
parties are invited to comment on these preliminary results.
---------------------------------------------------------------------------

    \2\ On February 24, 2016, the President of the United States 
signed into law the Trade Facilitation and Trade Enforcement Act of 
2015, Public Law 114-125 (February 24, 2016), which made amendments 
to section 751(a)(2)(B) of the Act. These amendments apply to this 
determination.

---------------------------------------------------------------------------
DATES: Effective Date: July 14, 2016.

FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or Manuel Rey, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-6345 or (202) 482-5518, 
respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise covered by the order includes tapered roller 
bearings and parts thereof. The subject merchandise is currently 
classifiable under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings: 8482.20.00, 8482.91.00.50, 8482.99.15, 8482.99.45, 
8483.20.40, 8483.20.80, 8483.30.80, 8483.90.20, 8483.90.30, 8483.90.80, 
8708.70.6060, 8708.99.2300, 8708.99.4850, 8708.99.6890, 8708.99.8115, 
and 8708.99.8180. The HTSUS subheadings are provided for convenience 
and customs purposes only; the written description of the scope of the 
order is dispositive.\3\
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    \3\ For a complete description of the scope of the order, see 
memorandum from Gary Taverman, Associate Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, entitled ``Decision Memorandum for the Preliminary 
Results of the 2014-2015 Antidumping Duty Administrative Review and 
New Shipper Review of Tapered Roller Bearings and Parts Thereof, 
Finished and Unfinished, from the People's Republic of China'' 
(Preliminary Decision Memorandum), issued concurrently with and 
hereby adopted by this notice.
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Tolling of Deadlines for Preliminary Results

    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement and Compliance, the Department exercised its discretion 
to toll all administrative deadlines for the duration of the closure of 
the Federal Government during Snowstorm ``Jonas.'' \4\ Therefore, all 
deadlines in this segment of the proceeding have been extended by four 
days. The revised deadline for the preliminary results of this review 
is now July 5, 2016.
---------------------------------------------------------------------------

    \4\ See Memorandum to the Record from Ron Lorentzen, Acting 
Assistant Secretary for Enforcement and Compliance, regarding 
``Tolling of Administrative Deadlines As a Result of the Government 
Closure During Snowstorm Jonas,'' dated January 27, 2016.
---------------------------------------------------------------------------

Partial Rescission of the Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review. On October 
27, 2015, GGB Bearing Technology (Suzhou) Co., Ltd. (GGB) timely 
withdrew its request for an administrative review.\5\ No other party 
had requested a review of GGB. Based on the timely withdrawal of the 
request for review and because GGB established its entitlement to a 
separate rate from a prior segment, the Department is rescinding this 
administrative review with respect to GGB, in accordance with 19 CR 
351.213(d)(1).
---------------------------------------------------------------------------

    \5\ See Letter to the Department from GGB, ``Withdrawal of 
Administrative Review Request in the Antidumping Duty Order on 
Tapered Roller Bearings from the People's Republic of China (POR: 
06/01/14-5/31/15),'' dated October 27, 2015.
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Preliminary Rescission of the NSR

    As discussed in the Bona Fides Analysis Memorandum,\6\ the 
Department preliminarily finds that the single sale made by Bolong to 
the United States during the POR is not a bona fide sale. The 
Department reached this conclusion based on the totality of the 
circumstances surrounding the reported sale, including:

    (I) the prices of such sales; (II) whether such sales were made 
in commercial quantities; (III) the timing of such sales; (IV) the 
expenses arising from such sales; (V) whether the subject 
merchandise involved in such sales was resold in the United States 
at a profit; (VI) whether such sales were made on an arms-length 
basis; and (VII) any other factor {it{time}  determines to be 
relevant as to whether such sales are, or are not, likely to be 
typical of those the exporter or producer will make after completion 
of the review.\7\
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    \6\ See Memorandum from Manuel Rey, International Trade Analyst, 
to Melissa Skinner, Director of AD/CVD Operations, dated July 5, 
2016 entitled, ``New Shipper Review of Tapered Roller Bearings and 
Parts Thereof from the People's Republic of China--Bona Fides Sales 
Analysis'' (Bona Fides Analysis Memorandum), issued concurrently 
with and hereby adopted by this notice.
    \7\ See section 751(a)(2)(B)(iv) of the Act.

Because the non-bona fide sale was the only reported sale of subject 
merchandise during the POR, and thus there are no reviewable 
transactions on this record, we are preliminarily rescinding the NSR. 
Because much of the factual information used in our analysis of 
Bolong's sale involves business proprietary information, a full 
discussion of the basis for our preliminary determination is set forth 
in the Bona Fides Analysis Memorandum.
    We further note that Bolong's NSR request did not conform to the 
Department's regulations at 19 CFR 351.214(b)(2)(ii). 19 CFR 
351.214(b)(2)(ii) requires that, in order to qualify for a NSR, the 
requestor must provide certifications from both itself and any company 
that supplied it with subject merchandise that neither party exported 
the subject merchandise to the United States during the period of 
investigation. In this case, Bolong purchased in-scope components from 
unaffiliated producers, and it failed to provide the certifications 
required by 19 CFR 351.214(b)(2)(ii) from those producers. The 
Department requires appropriate certifications from any company 
requesting a NSR that sources in-scope merchandise, whether finished or 
unfinished, from its suppliers. In conjunction with any arguments that 
its reported sale is bona fide, Bolong shall submit the requisite 
certifications from the suppliers of the subject merchandise.

Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Act. As noted above, there are two mandatory 
respondents in this administrative review: CPZ/SKF and Yantai CMC. For 
CPZ/SKF, we calculated constructed export prices in accordance with 
section 772 of the Act. Because the PRC is a non-market economy (NME) 
within the meaning of section 771(18) of the Act, NV has been 
calculated in accordance with section 773(c) of the Act.
    For Yantai CMC, we preliminarily find that this respondent is 
ineligible for a separate rate because it has failed to demonstrate an 
absence of de facto

[[Page 45457]]

government control in this administrative review. Therefore, we did not 
calculate a separate margin for Yantai CMC.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and 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 found at http://enforcement.trade.gov/frn/. The 
signed Preliminary Decision Memorandum and the electronic version of 
the Preliminary Decision Memorandum are identical in content. A list of 
the topics discussed in the Preliminary Decision Memorandum is attached 
as the Appendix to this notice.

Rate for Non-Examined Companies Which Are Eligible for a Separate Rate

    As indicated in the ``Preliminary Results of Review'' section 
below, we preliminarily determine that a margin of zero percent applies 
to the two firms not selected for individual review but determined to 
be eligible for a separate rate. For further information, see the 
Preliminary Decision Memorandum at ``Rate for Non-Examined Companies 
Which Are Eligible for a Separate Rate.''

Preliminary Results of Review

    Because Yantai CMC did not demonstrate that it was entitled to a 
separate rate, the Department preliminarily finds Yantai CMC to be part 
of the PRC-wide entity.\8\ The rate previously established for the PRC-
wide entity is 92.84 percent.
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    \8\ See Preliminary Decision Memorandum, at 8-10. Pursuant to 
the Department's change in practice, the Department no longer 
considers the NME entity as an exporter conditionally subject to 
administrative reviews. See Antidumping Proceedings: Announcement of 
Change in Department Practice for Respondent Selection in 
Antidumping Duty Proceedings and Conditional Review of the Nonmarket 
Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 
65970 (November 4, 2013). Under this practice, the NME entity will 
not be under review unless a party specifically requests, or the 
Department self-initiates, a review of the entity. Because no party 
requested a review of the entity, the entity is not under review and 
the entity's rate is not subject to change.
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    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period June 1, 2014, 
through May 31, 2015:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporters                             percent
                                                                margin
------------------------------------------------------------------------
Changshan Peer Bearing Co., Ltd.............................        0.00
Haining Nice Flourish Auto Parts Co., Ltd *.................        0.00
Roci International (HK) Limited *...........................        0.00
------------------------------------------------------------------------
* This company demonstrated that it qualified for a separate rate in
  this administrative review.

Disclosure and Public Comment

    The Department will disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of these preliminary results of review.\9\ 
Rebuttals to case briefs may be filed no later than five days after 
case briefs are filed and all rebuttal briefs must be limited to 
comments raised in the case briefs.\10\ Parties who submit comments are 
requested to submit with the argument: (1) A statement of the issue; 
(2) a brief summary of the argument; and (3) a table of 
authorities.\11\
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    \9\ See 19 CFR 351.309(c)(1)(ii).
    \10\ See 19 CFR 351.309(d).
    \11\ See 19 CFR 351.309(c)(2).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\12\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs.\13\ If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.\14\
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    \12\ See 19 CFR 351.310(c).
    \13\ Id.
    \14\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety by 5 p.m. Eastern Time (ET) on 
the due date. Documents excepted from the electronic submission 
requirements must be filed manually (i.e., in paper form) with the APO/
Dockets Unit in Room 18022 and stamped with the date and time of 
receipt by 5 p.m. ET on the due date.
    Unless otherwise extended, the Department intends to issue the 
final results of this administrative review, which will include the 
results of its analysis of all issues raised in the case briefs, within 
120 days of publication of these preliminary results, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results of the administrative review, 
the Department will determine, and CBP shall assess, antidumping duties 
on all appropriate entries covered by this review.\15\ If the 
preliminary results are unchanged for the final results we will 
instruct CBP to apply an ad valorem assessment rate of zero percent to 
all entries of subject merchandise during the zero percent to all 
entries of subject merchandise during the POR which were produced and/
or exported by CPZ/SKF and the two aforementioned companies which were 
not selected for individual examination but were found to be eligible 
for a separate rate.
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    \15\ See 19 CFR 351.212(b)(1).
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    If we determine in the final results that an individually-examined 
respondent in the administrative review (e.g., CPZ/SKF) has a weighted-
average dumping margin which is not zero or de minimis (i.e., less than 
0.5 percent), then we will calculate importer-specific assessment rates 
based on the ratio of the total amount of dumping calculated for the 
importer's examined sales to the total entered value of those sales, in 
accordance with 19 CFR 351.212(b)(1).\16\
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    \16\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
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    For the final results, if we continue to treat Yantai CMC as part 
of the PRC-wide entity, we will instruct CBP to apply an ad valorem 
assessment rate of 92.84 percent to all entries of subject merchandise 
during the POR which were exported by Yantai CMC.
    We intend to issue assessment instructions to CBP 15 days after the 
publication of the final results of this review.
    For entries that were not reported in the U.S. sales databases 
submitted by companies individually examined during the administrative 
review, the Department will instruct CBP to liquidate such entries at 
the PRC-wide rate. In addition, if the Department determines that an 
exporter under review had no shipments of the subject merchandise, any 
suspended entries that entered under that exporter's case

[[Page 45458]]

number (i.e., at that exporter's rate) will be liquidated at the PRC-
wide rate.\17\
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    \17\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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    If we proceed to a final rescission of the NSR, Bolong's entries 
will be assessed at the rate entered.\18\ If we do not proceed to a 
final rescission of the NSR, pursuant to 19 CFR 351.212(b)(1), we will 
calculate an importer-specific assessment rate for Bolong. We will 
instruct CBP to assess antidumping duties on all appropriate entries 
covered by this NSR if the importer-specific assessment rate calculated 
in the final results of this NSR is above de minimis.\19\

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed above which have a separate rate, the cash deposit rate will be 
the rate established in the final results of this review (except, if 
the rate is zero or de minimis, then a cash deposit rate of zero will 
be established for that company); (2) for previously investigated or 
reviewed PRC and non-PRC exporters not listed above that have separate 
rates, the cash deposit rate will continue to be the exporter-specific 
rate published for the most recently completed segment of this 
proceeding; (3) for all PRC exporters of subject merchandise that have 
not been found to be entitled to a separate rate, the cash deposit rate 
will be the rate for the PRC-wide entity, 92.84 percent; and (4) for 
all non-PRC exporters of subject merchandise which have not received 
their own rate, the cash deposit rate will be the rate applicable to 
the PRC exporter(s) that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
    Effective upon publication of the final rescission or the final 
results of the NSR, pursuant to section 751(a)(2)(B)(iii) of the Act 
and 19 CFR 351.214(e), the Department will instruct CBP to discontinue 
the option of posting a bond or security in lieu of a cash deposit for 
entries of subject merchandise by Bolong. If the Department proceeds to 
a final rescission of the NSR, the cash deposit rate will continue to 
be the PRC-wide rate for Bolong because the Department will not have 
determined an individual margin of dumping for this company. If the 
Department issues final results for the NSR, the Department will 
instruct CBP to collect a cash deposit, effective upon the publication 
of the final results, at the rate established therein.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these preliminary results of reviews 
in accordance with sections 751(a)(l), 751(a)(2)(B) and 777(i)(l) of 
the Act, and 19 CFR 351.221(b)(4).

    Dated: July 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Bona Fides Analysis
5. Discussion of the Methodology for the Administrative Review
    a. Non-Market Economy Country
    b. Separate Rates
    c. Separate Rate Assigned to Non-Selected Companies
    d. The PRC-Wide Entity
    e. Collapsing of CPZ/SKF With Another Producer of TRBs
    f. Surrogate Country
    g. Date of Sale
    h. Comparisons to Normal Value
    i. Determination of Comparison Method
    j. Constructed Export Price
    k. Value-Added Tax (VAT)
    l. Normal Value
    m. Currency Conversion
6. Conclusion

[FR Doc. 2016-16467 Filed 7-13-16; 8:45 am]
 BILLING CODE 3510-DS-P