Certain Iron Mechanical Transfer Drive Components From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 75032-75037 [2016-26104]
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Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices
section, with an outside diameter (O.D.) not
more than nominal 16 inches (406.4 mm),
regardless of wall thickness, surface finish
(e.g., black, galvanized, or painted), end
finish (plain end, beveled end, grooved,
threaded, or threaded and coupled), or
industry specification (e.g., American Society
for Testing and Materials International
(ASTM), proprietary, or other), generally
known as standard pipe, fence pipe and tube,
sprinkler pipe, and structural pipe (although
subject product may also be referred to as
mechanical tubing). Specifically, the term
‘‘carbon quality’’ includes products in which:
(a) iron predominates, by weight, over each
of the other contained elements;
(b) the carbon content is 2 percent or less,
by weight; and
(c) none of the elements listed below
exceeds the quantity, by weight, as indicated:
(i) 1.80 percent of manganese;
(ii) 2.25 percent of silicon;
(iii) 1.00 percent of copper;
(iv) 0.50 percent of aluminum;
(v) 1.25 percent of chromium;
(vi) 0.30 percent of cobalt;
(vii) 0.40 percent of lead;
(viii) 1.25 percent of nickel;
(ix) 0.30 percent of tungsten;
(x) 0.15 percent of molybdenum;
(xi) 0.10 percent of niobium;
(xii) 0.41 percent of titanium;
(xiii) 0.15 percent of vanadium; or
(xiv) 0.15 percent of zirconium.
Covered products are generally made to
standard O.D. and wall thickness
combinations. Pipe multi-stenciled to a
standard and/or structural specification and
to other specifications, such as American
Petroleum Institute (API) API–5L
specification, may also be covered by the
scope of these investigations. In particular,
such multi-stenciled merchandise is covered
when it meets the physical description set
forth above, and also has one or more of the
following characteristics: Is 32 feet in length
or less; is less than 2.0 inches (50 mm) in
outside diameter; has a galvanized and/or
painted (e.g., polyester coated) surface finish;
or has a threaded and/or coupled end finish.
Standard pipe is ordinarily made to ASTM
specifications A53, A135, and A795, but can
also be made to other specifications.
Structural pipe is made primarily to ASTM
specifications A252 and A500. Standard and
structural pipe may also be produced to
proprietary specifications rather than to
industry specifications.
Sprinkler pipe is designed for sprinkler fire
suppression systems and may be made to
industry specifications such as ASTM A53 or
to proprietary specifications.
Fence tubing is included in the scope
regardless of certification to a specification
listed in the exclusions below, and can also
be made to the ASTM A513 specification.
Products that meet the physical description
set forth above but are made to the following
nominal outside diameter and wall thickness
combinations, which are recognized by the
industry as typical for fence tubing, are
included despite being certified to ASTM
mechanical tubing specifications:
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18:12 Oct 27, 2016
Jkt 241001
O.D. in inches
(nominal)
1.315
1.315
1.315
1.315
1.315
1.315
1.315
1.660
1.660
1.660
1.660
1.660
1.900
1.900
1.900
1.900
1.900
1.900
2.375
2.375
2.375
2.375
2.375
2.375
2.375
2.875
2.875
3.500
3.500
4.000
4.000
4.500
.....................
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Wall
thickness
in inches
(nominal)
0.035
0.047
0.055
0.065
0.072
0.083
0.095
0.055
0.065
0.083
0.095
0.109
0.047
0.055
0.065
0.072
0.095
0.109
0.047
0.055
0.065
0.072
0.095
0.109
0.120
0.109
0.165
0.109
0.165
0.148
0.165
0.203
Gauge
20
18
17
16
15
14
13
17
16
14
13
12
18
17
16
15
13
12
18
17
16
15
13
12
11
12
8
12
8
9
8
7
The scope of this investigation does not
include:
(a) pipe suitable for use in boilers,
superheaters, heat exchangers, refining
furnaces and feedwater heaters, whether or
not cold drawn, which are defined by
standards such as ASTM A178 or ASTM
A192;
(b) finished electrical conduit, i.e.,
Electrical Rigid Steel Conduit (also known as
Electrical Rigid Metal Conduit and Electrical
Rigid Metal Steel Conduit), Finished
Electrical Metallic Tubing, and Electrical
Intermediate Metal Conduit, which are
defined by specifications such as American
National Standard (ANSI) C80.1–2005, ANSI
C80.3–2005, or ANSI C80.6–2005, and
Underwriters Laboratories Inc. (UL) UL–6,
UL–797, or UL–1242;
(c) finished scaffolding, i.e., component
parts of final, finished scaffolding that enter
the United States unassembled as a ‘‘kit.’’ A
kit is understood to mean a packaged
combination of component parts that
contains, at the time of importation, all of the
necessary component parts to fully assemble
final, finished scaffolding;
(d) tube and pipe hollows for redrawing;
(e) oil country tubular goods produced to
API specifications;
(f) line pipe produced to only API
specifications, such as API 5L, and not multistenciled; and
(g) mechanical tubing, whether or not colddrawn, other than what is included in the
above paragraphs.
The products subject to this investigation
are currently classifiable in Harmonized
PO 00000
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Tariff Schedule of the United States (HTSUS)
statistical reporting numbers 7306.19.1010,
7306.19.1050, 7306.19.5110, 7306.19.5150,
7306.30.1000, 7306.30.5015, 7306.30.5020,
7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, 7306.30.5090,
7306.50.1000, 7306.50.5030, 7306.50.5050,
and 7306.50.5070. The HTSUS subheadings
above are provided for convenience and U.S.
Customs purposes only. The written
description of the scope of the investigation
is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
1. Management Fees
2. Weight Basis for Ajmal Steel
3. Ajmal Steel’s Rebate Adjustment
4. Depreciation on Revalued Assets for
Ajmal Steel
5. General and Administrative and
Financial Expenses for Ajmal Steel
6. Revision of Ajmal Steel’s POI
Depreciation Analysis
7. Universal’s Level of Trade Adjustment
8. Credit Expenses for one of Universal’s
U.S. Customers
9. U.S. Packing Costs for Universal
10. Sales to Universal’s Affiliated Reseller
Al Zaher Building Materials LLC
VI. Recommendation
[FR Doc. 2016–26107 Filed 10–27–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–032]
Certain Iron Mechanical Transfer Drive
Components From the People’s
Republic of China: Final Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) determines that
certain iron mechanical transfer drive
components (‘‘IMTDC’’) from the
People’s Republic of China (‘‘PRC’’) are
being, or are likely to be, sold in the
United States at less than fair value
(‘‘LTFV’’). The period of investigation
(‘‘POI’’) is April 1, 2015 through
September 30, 2015. The final weightedaverage dumping margins of sales at
LTFV are listed in the ‘‘Final
Determination Dumping Margins’’
section of this notice.
DATES: Effective October 28, 2016.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill or Jonathan Hill, AD/CVD
AGENCY:
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Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone
(202) 482–4037 or (202) 482–3518,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 8, 2016, the Department
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of IMTDC
from the PRC.1
A summary of the events that
occurred since the Department
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum.2 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 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
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version are identical in
content.
Period of Investigation
The period of investigation (‘‘POI’’) is
April 1, 2015, through September 30,
2015.
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Scope of the Investigation
The products covered by this
investigation are iron mechanical
transfer drive components. These
products are properly classified under
Harmonized Tariff Schedule of the
1 See Certain Iron Mechanical Transfer Drive
Components From the People’s Republic of China:
Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination, 81 FR 36876 (June 8, 2016)
(Preliminary Determination) and accompanying
Preliminary Decision Memorandum.
2 See Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Ronald Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ‘‘Antidumping Duty
Investigation of Certain Iron Mechanical Transfer
Drive Components from the People’s Republic of
China: Issues and Decision Memorandum for the
Final Determination of Sales at Less-Than-FairValue,’’ (‘‘Issues and Decision Memorandum’’),
dated concurrently with this determination and
hereby adopted by this notice.
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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. Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the merchandise under
investigation is dispositive. For a
complete description of the scope of the
investigation, see Appendix I to this
notice.
Scope Comments
Since the Preliminary Determination,
Petitioner, as well as interested parties
Caterpillar Inc., Carrier Corporation,
Dahua Machine Manufacturing Co. Ltd.,
General Motors Corporation, Kohler Co.,
Mercury Marine, Otis Elevator
Company, Speed Solutions International
Inc., ZF Services, LLC, and Vibracoustic
North America LP, commented on the
scope of this investigation as well as the
companion IMTDCs LTFV investigation
from the Canada and IMTDCs
countervailing duty investigation from
the PRC. The Department reviewed
these comments and has incorporated
into the scope of these investigations
Petitioner’s exclusion for certain
flywheels with a permanently attached
outer ring gear and for certain parts of
torsional vibration dampers. For further
discussion, see the ‘‘Final Scope
Decision Memorandum.’’ 3 The scope in
Appendix I reflects the final modified
scope language.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in either the Final
Determination Scope Decision
Memorandum or the Issues and
Decision Memorandum accompanying
this notice, which is hereby adopted by
this notice. A list of the issues
3 See Memorandum from Abdelali Elouaradia,
Director, Office IV, Antidumping and
Countervailing Duty Operations, to Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
regarding ‘‘Antidumping Duty Investigations of
Certain Iron Mechanical Transfer Drive
Components from Canada and the People’s
Republic of China and Countervailing Duty
Investigation of Certain Iron Mechanical Transfer
Drive Components from the People’s Republic of
China: Scope Decision Memorandum for the Final
Determinations,’’ (‘‘Final Scope Decision
Memorandum’’) dated concurrently with this final
determination.
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addressed in the Issues and Decision
Memorandum is attached to this notice
at Appendix II.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), in June 2016, we verified the
sales and factors of production
information submitted by Powermach
Import & Export Co., Ltd.
(‘‘Powermach’’),4 the sole participating
individually examined respondent. We
used standard verification procedures,
including an examination of relevant
accounting and production records, and
original source documents provided by
Powermach.5
Separate Rates
In the Preliminary Determination, the
Department granted separate-rate status
to all of the companies which provided
separate rates information, except NOK
(Wuxi) Vibration Control China Co. Ltd.
(‘‘NVCC’’), which withdrew from
participation as a mandatory respondent
in this investigation, and Baldor Electric
Canada (‘‘Baldor’’) and Yueqing Bethel
Shaft Collar Manufacturing Co., Ltd.
(‘‘Yueqing Bethel’’), which failed to
respond to the Department’s request for
supplemental information. In this final
determination, the Department has
continued to treat these three companies
as part of the PRC-wide entity and is
also treating Zhejiang Dongxing Auto
Parts Co., Ltd. (‘‘Dongxing’’) as part of
the PRC-wide entity. For a full
discussion of the Department’s separate
rates determinations with respect to
Baldor, Yueqing Bethel, and Dongxing
(no parties commented on the
Department’s separate rate
determination with respect to NVCC)
4 We have continued to treat Powermach Import
& Export Co., Ltd., Sichuan Dawn Precision
Technology Co., Ltd., Sichuan Dawn Foundry Co.,
Ltd., and Powermach Co., Ltd. as a single entity
based upon consideration of the factors in 19 CFR
351.401(f). See Memorandum from Krisha Hill,
International Trade Analyst, AD/CVD Operations,
Office IV through Howard Smith, Program Manager,
AD/CVD Operations, Office IV to Abdelali
Elouaradia, Office Director, AD/CVD Operations,
Office IV, regarding ‘‘Certain Iron Mechanical
Transfer Drive Components from The People’s
Republic of China: Preliminary Affiliation and
Collapsing Memorandum’’ (May 31, 2016).
5 See Memorandum from Krisha Hill,
International Trade Compliance Analyst, Office IV,
Enforcement and Compliance and Jonathan Hill,
International Trade Compliance Analyst, Office IV,
Enforcement and Compliance through Howard
Smith, Program Manager, Office IV Enforcement
and Compliance to The File ‘‘Verification Report of
the Sales and Factors Responses of Powermach
Import & Export Co., Ltd. (Sichuan), Sichuan Dawn
Precision Technology Co., Ltd., Sichuan Dawn
Foundry Co., Ltd., and Powermach Co., Ltd. in the
Antidumping Duty Investigation of Certain Iron
Mechanical Transfer Drive Components from the
People’s Republic of China,’’ dated August 3, 2016.
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Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices
see the Issues and Decision
Memorandum.
Changes to the Dumping Margin
Calculations Since the Preliminary
Determination
Based on the Department’s analysis of
the comments received and findings at
verification, we made certain changes to
our dumping margin calculations. For a
discussion of these changes, see the
Issues and Decision Memorandum.
Dumping Margins for Non-Individually
Examined Respondents
Under section 735(c)(5)(A) of the Act,
the estimated rate for all companies that
have not been individually examined is
normally equal to the weighted average
of the estimated weighted-average
dumping margins established for
exporters and producers individually
examined, excluding any zero and de
minimis dumping margins, and any
dumping margins determined entirely
on the basis of facts available. In this
final determination, we calculated a
weighted-average dumping margin for
Powermach (the only cooperating
mandatory respondent) which is not
zero, de minimis, or based entirely on
facts available. Accordingly, we
assigned Powermach’s weighted-average
dumping margin to non-individually
examined PRC exporters qualifying for a
separate rate.
PRC-Wide Rate
In our Preliminary Determination, we
found that the PRC-wide entity, which
includes certain PRC exporters and/or
producers that did not respond to the
Department’s requests for information,
failed to provide necessary information,
failed to provide information in a timely
manner, and significantly impeded this
proceeding by not submitting the
requested information. We also find that
they failed to cooperate. As a result, we
preliminarily determined to calculate
the PRC-wide dumping margin on the
basis of adverse facts available (‘‘AFA’’)
pursuant to section 776(b) of the Act.
We compared the petition dumping
margins to the dumping margins that we
calculated for Powermach, the
participating individually examined
respondent, in order to determine the
probative value of the dumping margins
in the petition for use as AFA. We
continue to find that the highest petition
dumping margin, 401.68 percent, is
reliable and relevant because it is within
the range of the transaction-specific
dumping margins on the record for
Powermach. Therefore, we assigned this
dumping margin (i.e., 401.68 percent) to
the PRC-wide entity.
Combination Rates
In the Initiation Notice, the
Department stated that it would
calculate combination rates for the
respondents that are eligible for a
separate rate in this investigation.6
Policy Bulletin 05.1 describes this
practice.7
Final Determination Dumping Margins
For this final determination, the
Department determines that IMTDC are
being or likely to be sold in the United
States at LTFV, as provided in section
735 of the Act. The Department
determines that the following weightedaverage dumping margins exist during
the period April 1, 2015, through
September 30, 2015:
Weightedaverage
dumping
margin
(percent)
Exporter
Producer
Powermach Import & Export Co., Ltd. (Sichuan)/Sichuan Dawn
Precision Technology Co., Ltd./Sichuan Dawn Foundry Co.,
Ltd./Powermach Co., Ltd.
Fuqing Jiacheng Trading Corporation Limited ...........................
Haiyang Jingweida Gearing Co., Ltd ..........................................
Hangzhou Powertrans Co., Ltd ..................................................
Hangzhou Powertrans Co., Ltd ..................................................
Hangzhou Powertrans Co., Ltd ..................................................
Hangzhou Powertrans Co., Ltd ..................................................
Powermach Import & Export Co., Ltd. (Sichuan)/Sichuan
Dawn Precision Technology Co., Ltd./Sichuan Dawn Foundry Co., Ltd./Powermach Co., Ltd.
Fuzhou Min Yue Mechanical & Electrical Co., Ltd ....................
Haiyang Jingweida Gearing Co., Ltd .........................................
Shijiazhuang CAPT Power Transmission Co., Ltd ....................
Shanghai CPT Machinery Co., Ltd ............................................
Yueqing Bethel Shaft Collar Manufacturing Co., Ltd ................
Kezheng (Fuzhou) Mechanical & Electrical Manufacture Co.,
Ltd.
Handan Hengfa Transmission Co., Ltd .....................................
Shijiazhuang Lihua Mechanical Manufacturing Co., Ltd ...........
Xingtai Shengjia Machinery and Equipment Factory ................
Shanghai Keli Machinery Co., Ltd .............................................
Jiangsu Zhengya Technology Co., Ltd ......................................
Taizhou Feiyang Metal Spinning Co., Ltd .................................
Taizhou Pengxun Machinery Manufacturing Co., Ltd ...............
Guangde Ronghua Machinery Manufacturing Co., Ltd .............
Qiuxian Hengxin Machinery Co., Ltd .........................................
Reach Machinery Enterprise .....................................................
Chengdu Novo Machinery Co., Ltd ...........................................
Chengdu Leno Machinery Co., Ltd ............................................
Shijiazhuang CAPT Power Transmission Co., Ltd ....................
Sichuan Dawn Precision Technology Co., Ltd ..........................
....................................................................................................
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Hangzhou Powertrans Co., Ltd ..................................................
Hangzhou Powertrans Co., Ltd ..................................................
Hangzhou Powertrans Co., Ltd ..................................................
Hangzhou Powertrans Co., Ltd ..................................................
Hangzhou Powertrans Co., Ltd ..................................................
Hangzhou Powertrans Co., Ltd ..................................................
Hangzhou Powertrans Co., Ltd ..................................................
Hangzhou Powertrans Co., Ltd ..................................................
Hangzhou Powertrans Co., Ltd ..................................................
Hangzhou Powertrans Co., Ltd ..................................................
Hangzhou Powertrans Co., Ltd ..................................................
Hangzhou Powertrans Co., Ltd ..................................................
Shijiazhuang CAPT Power Transmission Co., Ltd .....................
Xinguang Technology Co. Ltd of Sichuan Province ...................
PRC-Wide Entity .........................................................................
Pursuant to section 735(c)(1)(B) of the
Act, the Department will instruct U.S.
Initiation Notice, 81 FR at 9438–39.
Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
7 See
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13.64
13.64
13.64
13.64
13.64
13.64
13.64
13.64
13.64
13.64
13.64
13.64
13.64
13.64
13.64
13.64
13.64
13.64
13.64
13.64
401.68
Customs and Border Protection (‘‘CBP’’)
to continue to suspend liquidation of all
entries of IMTDC from the PRC, which
were entered, or withdrawn from
warehouse, for consumption on or after
June 8, 2016, the date of publication in
the Federal Register of the affirmative
Preliminary Determination. Further,
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ dated April 5, 2005 (Policy
Continuation of Suspension of
Liquidation
6 See
13.64
Bulletin 05.1), available on the Department’s Web
site at https://enforcement.trade.gov/policy/bull05–
1.pdf.
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Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices
pursuant to section 735(c)(1)(B)(ii) of
the Act, the Department will instruct
CBP to require a cash deposit equal to
the amount by which the normal value
exceeds U.S. price, adjusted where
appropriate for export subsidies and
estimated domestic subsidy passthrough,8 as follows: (1) For the
exporter/producer combinations listed
in the table above, the cash deposit rate
is the weighted-average dumping
margin listed for that combination in the
table; (2) for all combinations of PRC
exporters/producers of merchandise
under consideration not listed in the
table above, the cash deposit rate is the
weighted average dumping margin
listed for the PRC-wide entity in the
table above; and (3) for all non-PRC
exporters of merchandise under
consideration not listed in the table
above, the cash deposit rate is the cash
deposit rate applicable to the PRC
exporter/producer combination that
supplied that non-PRC exporter. The
suspension of liquidation instructions
will remain in effect until further notice.
In a LTFV investigation with a
companion countervailing duty (‘‘CVD’’)
investigation, we normally adjust
antidumping duty cash deposit rates by
the amount of export subsidies, where
appropriate. In the companion CVD
investigation, we found that Powermach
did not receive export subsidies. The
countervailing duty rate for all-others
companies in the CVD case is based on
Powermach’s countervailing duty rate,
and thus all-others companies were not
assigned an export subsidy rate.
Therefore, no offset to Powermach’s or
the separate rate entities’ antidumping
duty cash deposit rates for export
subsidies is necessary. Additionally, we
likewise are not adjusting the
antidumping duty cash deposit rate
applicable to the PRC-wide entity for
export subsidies.
Pursuant to 777A(f) of the Act, we are
not adjusting the antidumping duty cash
deposit rates for estimated domestic
subsidy pass-through. Based on the data
on the record of this investigation, the
Department continues to find that there
was not a general decrease in the U.S.
average import price during the relevant
period. Thus, the Department continues
to find that the requirement under
section 777A(f)(1)(B) of the Act has not
been met, and has not made an
adjustment to the antidumping duty
cash deposit rates under section 777A(f)
of the Act.
8 See sections 772(c)(1)(C) and 777A(f) of the Act,
respectively.
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18:12 Oct 27, 2016
Jkt 241001
Disclosure
We intend to disclose to parties in
this proceeding the calculations
performed for this final determination
within five days of the date of public
announcement of our final
determination, in accordance with 19
CFR 351.224(b).
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of our
final affirmative determination of sales
at LTFV. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
IMTDC from the PRC no later than 45
days after our final determination. If the
ITC determines that such injury does
not exist, this proceeding will be
terminated and all securities posted will
be refunded or canceled. If the ITC
determines that such injury does exist,
the Department will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
the Department, antidumping duties on
all imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders
This notice will serve as a reminder
to the parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of return or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing this
determination in accordance with
sections 735(d) and 777(i)(1) of the Act
and 19 CFR 351.210(c).
Dated: October 21, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
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
PO 00000
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Fmt 4703
Sfmt 4703
75035
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). However, the scope excludes
flywheels with a ring gear permanently
attached onto the outer diameter. A ring gear
is a steel ring with convex external teeth cut
or machined into the outer diameter, and
where the diameter of the ring exceeds 200
mm and doesn’t exceed 2,244.3 mm.
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.
Excluded from the scope are finished
torsional vibration dampers (TVDs). A
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Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices
finished TVD is an engine component
composed of three separate components: an
inner ring, a rubber ring and an outer ring.
The inner ring is an iron wheel or cylinder
with a bore hole to fit a crank shaft which
forms a seal to prevent leakage of oil from the
engine. The rubber ring is a dampening
medium between the inner and outer rings
that effectively reduces the torsional
vibration. The outer ring, which may be
made of materials other than iron, may or
may not have grooves in its outer
circumference. To constitute a finished
excluded TVD, the product must be
composed of each of the three parts
identified above and the three parts must be
permanently affixed to one another such that
both the inner ring and the outer ring are
permanently affixed to the rubber ring. A
finished TVD is excluded only if it meets the
physical description provided above;
merchandise that otherwise meets the
description of the scope and does not satisfy
the physical description of excluded finished
TVDs above is still covered by the scope of
the investigation regardless of end use or
identification as a TVD.
Also excluded from the scope are certain
TVD inner rings. To constitute an excluded
TVD inner ring, the product must have each
of the following characteristics: (1) A single
continuous curve forming a protrusion or
indentation on outer surface, also known as
a sine lock, with a height or depth not less
than 1.5 millimeters and not exceeding 4.0
millimeters and with a width of at least 10
millimeters as measured across the sine lock
from one edge of the curve to the other; 9 (2)
a face width of the outer diameter of greater
than or equal to 20 millimeters but less than
or equal to 80 millimeters; (3) an outside
diameter greater than or equal to 101
millimeters but less than or equal to 300
millimeters; and (4) a weight not exceeding
7 kilograms. A TVD inner ring is excluded
only if it meets the physical description
provided above; merchandise that otherwise
meets the description of the scope and does
not satisfy the physical description of
excluded TVD inner rings is still covered by
the scope of this investigation regardless of
end use or identification as a TVD inner ring.
The scope also excludes light-duty, fixedpitch, non-synchronous sheaves (‘‘excludable
LDFPN sheaves’’) with each of the following
Size (belt profile)
Outside diameter
Top width
range of each
groove
(inches)
Maximum
height
(inches)
Angle
(°)
3L, 4L) ............................................
3L, 4L) ............................................
B, 4L, 5L) ........................................
B, 4L, 5L) ........................................
≤5.45 in .............................................................
>5.45 in. but ≤18.75 in .....................................
≤7.40 in .............................................................
>7.40 in. but ≤18.75 in .....................................
In addition to the above characteristics,
excludable LDFPN sheaves must also have a
maximum weight (pounds-per-piece) as
follows: for excludable LDFPN sheaves with
one groove and an outside diameter of greater
than 4.0 inches but less than or equal to 8.0
inches, the maximum weight is 4.7 pounds;
for excludable LDFPN sheaves with two
grooves and an outside diameter of greater
than 4.0 inches but less than or equal to 8.0
inches, the maximum weight is 8.5 pounds;
for excludable LDFPN sheaves with one
groove and an outside diameter of greater
than 8.0 inches but less than or equal to 12.0
inches, the maximum weight is 8.5 pounds;
for excludable LDFPN sheaves with two
grooves and an outside diameter of greater
than 8.0 inches but less than or equal to 12.0
inches, the maximum weight is 15.0 pounds;
for excludable LDFPN sheaves with one
groove and an outside diameter of greater
than 12.0 inches but less than or equal to
15.0 inches, the maximum weight is 13.3
pounds; for excludable LDFPN sheaves with
two grooves and an outside diameter of
greater than 12.0 inches but less than or
equal to 15.0 inches, the maximum weight is
17.5 pounds; for excludable LDFPN sheaves
with one groove and an outside diameter of
greater than 15.0 inches but less than or
equal to 18.75 inches, the maximum weight
is 16.5 pounds; and for excludable LDFPN
sheaves with two grooves and an outside
diameter of greater than 15.0 inches but less
than or equal to 18.75 inches, the maximum
weight is 26.5 pounds.
The scope also excludes light-duty,
variable-pitch, non-synchronous sheaves
with each of the following characteristics:
made from grey iron designated as ASTM
(North American specification) Grade 30 or
lower, GB/T (Chinese specification) Grade
HT200 or lower, DIN (German specification)
GG 20 or lower, or EN (European
specification) EN–GJL 200 or lower; having
no more than 2 grooves; having a maximum
overall width of less than 2.25 inches with
a single groove, or of 3.25 inches or less with
two grooves; having a maximum outside
diameter of not more than 7.5 inches; having
a maximum bore size of 1.625 inches; having
either one or two identical, internallythreaded (i.e., with threads on the inside
diameter), adjustable (rotating) flange(s) on
an externally-threaded hub (i.e., with threads
on the outside diameter) that enable(s) the
width (opening) of the groove to be changed;
and having no teeth on the outside or datum
diameter.
The scope also excludes certain IMTDC
bushings. An IMTDC bushing is excluded
only if it has a tapered angle of greater than
or equal to 10 degrees, where the angle is
measured between one outside tapered
surface and the directly opposing outside
tapered surface.
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.
9 The edges of the sine lock curve are defined as
the points where the surface of the inner ring is no
longer parallel to the plane formed by the inner
surface of the bore hole that attaches the ring to the
crankshaft.
10 An arm or spoke construction is where arms or
spokes (typically 3 to 6) connect the outside
diameter of the sheave with the hub of the sheave.
This is in contrast to a block construction (in which
the material between the hub and the outside
diameter is solid with a uniform thickness that is
the same thickness as the hub of the sheave) or a
web construction (in which the material between
the hub and the outside diameter is solid but is
thinner than at the hub of the sheave).
MA/AK
MA/AK
MB/BK
MB/BK
mstockstill on DSK3G9T082PROD with NOTICES
characteristics: made from grey iron
designated as ASTM (North American
specification) Grade 30 or lower, GB/T
(Chinese specification) Grade HT200 or
lower, DIN (German specification) GG 20 or
lower, or EN (European specification) EN–
GJL 200 or lower; having no more than two
grooves; having a maximum face width of no
more than 1.75 inches, where the face width
is the width of the part at its outside
diameter; having a maximum outside
diameter of not more than 18.75 inches; and
having no teeth on the outside or datum
diameter. Excludable LDFPN sheaves must
also either have a maximum straight bore size
of 1.6875 inches with a maximum hub
diameter of 2.875 inches; or else have a
tapered bore measuring 1.625 inches at the
large end, a maximum hub diameter of 3.50
inches, a length through tapered bore of 1.0
inches, exactly two tapped holes that are 180
degrees apart, and a 2.0- inch bolt circle on
the face of the hub. Excludable LDFPN
sheaves more than 6.75 inches in outside
diameter must also have an arm or spoke
construction.10 Further, excludable LDFPN
sheaves must have a groove profile as
indicated in the table below:
(A,
(A,
(A,
(A,
VerDate Sep<11>2014
18:12 Oct 27, 2016
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Fmt 4703
Sfmt 4703
0.484–0.499
0.499–0.509
0.607–0.618
0.620–0.631
0.531
0.531
0.632
0.635
Appendix II
List of Topics in the Issues and Decision
Memorandum
I. Summary
II. Background
E:\FR\FM\28OCN1.SGM
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38
34
38
Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices
III. Scope Comments
IV. Scope of the Investigation
V. Discussion of the Issues:
Comment 1: Treatment of Input
Comment 2: Per-Unit Consumption
Comment 3: Generated Iron Scrap
Comment 4: By-Product Offset
Comment 5: Underreported Consumption
Comment 6: Mold Workshop Labor
Comment 7: Separate Rate Status for
Baldor Electric Company Canada
Comment 8: Separate Rate Status for
Zhejiang Damon Industrial Equipment
Co., Ltd.
Comment 9: Separate Rate Status for
Zhejiang Dongxing Auto Parts Co., Ltd.
Comment 10: Separate Rate Status for
Yueqing Bethel Shaft Collar
Manufacturing Co., Ltd.
Comment 11: Surrogate Value for Labor
Comment 12: Surrogate Value for Baking
Coal
Comment 13: Surrogate Value for Antitarnish Paper
Comment 14: Surrogate Value for
Spheroidizing Agent
Comment 15: Surrogate Value for Rail
Freight
Comment 16: Selection of Financial
Statements
Comment 17: SG&A Expense Calculation
in Thai Ductile Inductory Co. Ltd.’s
Financial Statements
VI. Recommendation
[FR Doc. 2016–26104 Filed 10–27–16; 8:45 am]
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: Final Affirmative
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) determines that
countervailable subsidies are being
provided to producers and exporters of
certain iron mechanical transfer drive
components (‘‘IMTDCs’’) from the
People’s Republic of China (the ‘‘PRC’’).
For information on the estimated
subsidy rates, see the ‘‘Final
Determination and Suspension of
Liquidation’’ section of this notice.
DATES: Effective October 28, 2016.
FOR FURTHER INFORMATION CONTACT:
Robert Galantucci, 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)
482–2923.
mstockstill on DSK3G9T082PROD with NOTICES
VerDate Sep<11>2014
18:12 Oct 27, 2016
Jkt 241001
Background
The Department published the
Preliminary Determination on April 11,
2016.1 A summary of the events that
occurred since the Department
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum 2 issued concurrently
with 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 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 Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed Issues and Decision
Memorandum and the electronic
version are identical in content.
Period of Investigation
The period of investigation for which
we are measuring subsidies is January 1,
2014 through December 31, 2014.
BILLING CODE 3510–DS–P
AGENCY:
SUPPLEMENTARY INFORMATION:
Scope Comments
The Department set aside a period of
time for parties to address scope issues.3
For a summary of the product coverage
comments submitted to the record of
this final determination, and the
Department’s discussion and analysis of
all comments timely received, see the
Final Scope Decision Memorandum.4
1 See 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, 81 FR 21316 (April 11, 2016)
(‘‘Preliminary Determination’’) and accompanying
Issues and Decision Memorandum (‘‘Preliminary
Decision Memorandum’’).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Certain Iron
Mechanical Transfer Drive Components from the
People’s Republic of China,’’ dated concurrently
with this determination and hereby adopted by this
notice (‘‘Issues and Decision Memorandum’’).
3 See Memorandum, ‘‘Certain Iron Mechanical
Transfer Drive Components from Canada and the
People’s Republic of China: Deadline for Scope
Comments,’’ July 19, 2016.
4 See Memorandum, ‘‘Antidumping Duty
Investigations of Certain Iron Mechanical Transfer
Drive Components from Canada and the People’s
Republic of China and Countervailing Duty
Investigation of Certain Iron Mechanical Transfer
Drive Components from the People’s Republic of
China: Scope Decision Memorandum for the Final
PO 00000
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Fmt 4703
Sfmt 4703
75037
The Final Scope Decision Memorandum
is incorporated by, and hereby adopted
by, this notice.
Scope of the Investigation
The products covered by this
investigation are IMTDCs from the PRC.
For a complete description of the scope
of this investigation, see the ‘‘Scope of
the Investigation,’’ in Appendix II of
this notice.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation, and the issues raised in
the case and rebuttal briefs submitted by
the parties, are discussed in the Issues
and Decision Memorandum. A list of
the issues that parties raised, and to
which we responded in the Issues and
Decision Memorandum, is attached to
this notice at Appendix I.
Use of Adverse Facts Available
(‘‘AFA’’)
In making its findings, the
Department relied, in part, on facts
available. For mandatory respondent
NOK (Wuxi) Vibration Control China
Co. Ltd. (‘‘NOK Wuxi’’), we are basing
the countervailing duty (‘‘CVD’’) rate on
facts otherwise available, pursuant to
sections 776(a)(2)(C) and (D) of the
Tariff Act of 1930, as amended (the
‘‘Act’’). Further, because NOK Wuxi did
not cooperate to the best of its ability in
this investigation, we determine that an
adverse inference is warranted,
pursuant to section 776(b) of the Act.
The Department has applied a total AFA
rate to NOK Wuxi. Similarly, the
Department has applied a total AFA rate
to 30 companies that failed to respond
to the Department’s quantity and value
questionnaire.5
Additionally, in several instances the
Department has applied partial AFA to
calculate subsidy rates for the other
mandatory respondent Powermach
Import & Export Co., Ltd. (Sichuan)
(‘‘Powermach I&E’’). For further
information, see the section titled ‘‘Use
of Facts Otherwise Available and
Adverse Inferences,’’ in the Issues and
Decision Memorandum.
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from parties,
Determinations,’’ (‘‘Final Scope Decision
Memorandum’’) dated concurrently with this final
determination; see also Memorandum, ‘‘Certain
Iron Mechanical Transfer Drive Components from
Canada and the People’s Republic of China: Scope
Comments Decision Memorandum for the
Preliminary Determinations,’’ dated May 31, 2016.
5 See Preliminary Determination at 81 FR 21317–
21318.
E:\FR\FM\28OCN1.SGM
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Agencies
[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Notices]
[Pages 75032-75037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26104]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-032]
Certain Iron Mechanical Transfer Drive Components From the
People's Republic of China: Final Affirmative Determination of Sales at
Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') determines
that certain iron mechanical transfer drive components (``IMTDC'') from
the People's Republic of China (``PRC'') are being, or are likely to
be, sold in the United States at less than fair value (``LTFV''). The
period of investigation (``POI'') is April 1, 2015 through September
30, 2015. The final weighted-average dumping margins of sales at LTFV
are listed in the ``Final Determination Dumping Margins'' section of
this notice.
DATES: Effective October 28, 2016.
FOR FURTHER INFORMATION CONTACT: Krisha Hill or Jonathan Hill, AD/CVD
[[Page 75033]]
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone (202) 482-4037 or (202) 482-3518,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 8, 2016, the Department published in the Federal Register
its preliminary affirmative determination in the LTFV investigation of
IMTDC from the PRC.\1\
---------------------------------------------------------------------------
\1\ See Certain Iron Mechanical Transfer Drive Components From
the People's Republic of China: Preliminary Determination of Sales
at Less Than Fair Value and Postponement of Final Determination, 81
FR 36876 (June 8, 2016) (Preliminary Determination) and accompanying
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
A summary of the events that occurred since the Department
published the Preliminary Determination, as well as a full discussion
of the issues raised by parties for this final determination, may be
found in the Issues and Decision Memorandum.\2\ 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 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 Issues and
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum
and the electronic version are identical in content.
---------------------------------------------------------------------------
\2\ See Memorandum from Gary Taverman, Associate Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ``Antidumping Duty Investigation of
Certain Iron Mechanical Transfer Drive Components from the People's
Republic of China: Issues and Decision Memorandum for the Final
Determination of Sales at Less-Than-Fair-Value,'' (``Issues and
Decision Memorandum''), dated concurrently with this determination
and hereby adopted by this notice.
---------------------------------------------------------------------------
Period of Investigation
The period of investigation (``POI'') is April 1, 2015, through
September 30, 2015.
Scope of the Investigation
The products covered by this investigation are iron mechanical
transfer drive components. These products are properly classified 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. Although the HTSUS
subheading is provided for convenience and customs purposes, the
written description of the merchandise under investigation is
dispositive. For a complete description of the scope of the
investigation, see Appendix I to this notice.
Scope Comments
Since the Preliminary Determination, Petitioner, as well as
interested parties Caterpillar Inc., Carrier Corporation, Dahua Machine
Manufacturing Co. Ltd., General Motors Corporation, Kohler Co., Mercury
Marine, Otis Elevator Company, Speed Solutions International Inc., ZF
Services, LLC, and Vibracoustic North America LP, commented on the
scope of this investigation as well as the companion IMTDCs LTFV
investigation from the Canada and IMTDCs countervailing duty
investigation from the PRC. The Department reviewed these comments and
has incorporated into the scope of these investigations Petitioner's
exclusion for certain flywheels with a permanently attached outer ring
gear and for certain parts of torsional vibration dampers. For further
discussion, see the ``Final Scope Decision Memorandum.'' \3\ The scope
in Appendix I reflects the final modified scope language.
---------------------------------------------------------------------------
\3\ See Memorandum from Abdelali Elouaradia, Director, Office
IV, Antidumping and Countervailing Duty Operations, to Gary
Taverman, Associate Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, regarding ``Antidumping Duty
Investigations of Certain Iron Mechanical Transfer Drive Components
from Canada and the People's Republic of China and Countervailing
Duty Investigation of Certain Iron Mechanical Transfer Drive
Components from the People's Republic of China: Scope Decision
Memorandum for the Final Determinations,'' (``Final Scope Decision
Memorandum'') dated concurrently with this final determination.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in either the
Final Determination Scope Decision Memorandum or the Issues and
Decision Memorandum accompanying this notice, which is hereby adopted
by this notice. A list of the issues addressed in the Issues and
Decision Memorandum is attached to this notice at Appendix II.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(``the Act''), in June 2016, we verified the sales and factors of
production information submitted by Powermach Import & Export Co., Ltd.
(``Powermach''),\4\ the sole participating individually examined
respondent. We used standard verification procedures, including an
examination of relevant accounting and production records, and original
source documents provided by Powermach.\5\
---------------------------------------------------------------------------
\4\ We have continued to treat Powermach Import & Export Co.,
Ltd., Sichuan Dawn Precision Technology Co., Ltd., Sichuan Dawn
Foundry Co., Ltd., and Powermach Co., Ltd. as a single entity based
upon consideration of the factors in 19 CFR 351.401(f). See
Memorandum from Krisha Hill, International Trade Analyst, AD/CVD
Operations, Office IV through Howard Smith, Program Manager, AD/CVD
Operations, Office IV to Abdelali Elouaradia, Office Director, AD/
CVD Operations, Office IV, regarding ``Certain Iron Mechanical
Transfer Drive Components from The People's Republic of China:
Preliminary Affiliation and Collapsing Memorandum'' (May 31, 2016).
\5\ See Memorandum from Krisha Hill, International Trade
Compliance Analyst, Office IV, Enforcement and Compliance and
Jonathan Hill, International Trade Compliance Analyst, Office IV,
Enforcement and Compliance through Howard Smith, Program Manager,
Office IV Enforcement and Compliance to The File ``Verification
Report of the Sales and Factors Responses of Powermach Import &
Export Co., Ltd. (Sichuan), Sichuan Dawn Precision Technology Co.,
Ltd., Sichuan Dawn Foundry Co., Ltd., and Powermach Co., Ltd. in the
Antidumping Duty Investigation of Certain Iron Mechanical Transfer
Drive Components from the People's Republic of China,'' dated August
3, 2016.
---------------------------------------------------------------------------
Separate Rates
In the Preliminary Determination, the Department granted separate-
rate status to all of the companies which provided separate rates
information, except NOK (Wuxi) Vibration Control China Co. Ltd.
(``NVCC''), which withdrew from participation as a mandatory respondent
in this investigation, and Baldor Electric Canada (``Baldor'') and
Yueqing Bethel Shaft Collar Manufacturing Co., Ltd. (``Yueqing
Bethel''), which failed to respond to the Department's request for
supplemental information. In this final determination, the Department
has continued to treat these three companies as part of the PRC-wide
entity and is also treating Zhejiang Dongxing Auto Parts Co., Ltd.
(``Dongxing'') as part of the PRC-wide entity. For a full discussion of
the Department's separate rates determinations with respect to Baldor,
Yueqing Bethel, and Dongxing (no parties commented on the Department's
separate rate determination with respect to NVCC)
[[Page 75034]]
see the Issues and Decision Memorandum.
Changes to the Dumping Margin Calculations Since the Preliminary
Determination
Based on the Department's analysis of the comments received and
findings at verification, we made certain changes to our dumping margin
calculations. For a discussion of these changes, see the Issues and
Decision Memorandum.
Dumping Margins for Non-Individually Examined Respondents
Under section 735(c)(5)(A) of the Act, the estimated rate for all
companies that have not been individually examined is normally equal to
the weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually examined,
excluding any zero and de minimis dumping margins, and any dumping
margins determined entirely on the basis of facts available. In this
final determination, we calculated a weighted-average dumping margin
for Powermach (the only cooperating mandatory respondent) which is not
zero, de minimis, or based entirely on facts available. Accordingly, we
assigned Powermach's weighted-average dumping margin to non-
individually examined PRC exporters qualifying for a separate rate.
PRC-Wide Rate
In our Preliminary Determination, we found that the PRC-wide
entity, which includes certain PRC exporters and/or producers that did
not respond to the Department's requests for information, failed to
provide necessary information, failed to provide information in a
timely manner, and significantly impeded this proceeding by not
submitting the requested information. We also find that they failed to
cooperate. As a result, we preliminarily determined to calculate the
PRC-wide dumping margin on the basis of adverse facts available
(``AFA'') pursuant to section 776(b) of the Act. We compared the
petition dumping margins to the dumping margins that we calculated for
Powermach, the participating individually examined respondent, in order
to determine the probative value of the dumping margins in the petition
for use as AFA. We continue to find that the highest petition dumping
margin, 401.68 percent, is reliable and relevant because it is within
the range of the transaction-specific dumping margins on the record for
Powermach. Therefore, we assigned this dumping margin (i.e., 401.68
percent) to the PRC-wide entity.
Combination Rates
In the Initiation Notice, the Department stated that it would
calculate combination rates for the respondents that are eligible for a
separate rate in this investigation.\6\ Policy Bulletin 05.1 describes
this practice.\7\
---------------------------------------------------------------------------
\6\ See Initiation Notice, 81 FR at 9438-39.
\7\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' dated April 5, 2005 (Policy Bulletin 05.1), available
on the Department's Web site at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Final Determination Dumping Margins
For this final determination, the Department determines that IMTDC
are being or likely to be sold in the United States at LTFV, as
provided in section 735 of the Act. The Department determines that the
following weighted-average dumping margins exist during the period
April 1, 2015, through September 30, 2015:
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping
margin
(percent)
------------------------------------------------------------------------
Powermach Import & Export Co., Powermach Import & 13.64
Ltd. (Sichuan)/Sichuan Dawn Export Co., Ltd.
Precision Technology Co., Ltd./ (Sichuan)/Sichuan Dawn
Sichuan Dawn Foundry Co., Ltd./ Precision Technology
Powermach Co., Ltd. Co., Ltd./Sichuan Dawn
Foundry Co., Ltd./
Powermach Co., Ltd.
Fuqing Jiacheng Trading Fuzhou Min Yue 13.64
Corporation Limited. Mechanical &
Electrical Co., Ltd.
Haiyang Jingweida Gearing Co., Haiyang Jingweida 13.64
Ltd. Gearing Co., Ltd.
Hangzhou Powertrans Co., Ltd... Shijiazhuang CAPT Power 13.64
Transmission Co., Ltd.
Hangzhou Powertrans Co., Ltd... Shanghai CPT Machinery 13.64
Co., Ltd.
Hangzhou Powertrans Co., Ltd... Yueqing Bethel Shaft 13.64
Collar Manufacturing
Co., Ltd.
Hangzhou Powertrans Co., Ltd... Kezheng (Fuzhou) 13.64
Mechanical &
Electrical Manufacture
Co., Ltd.
Hangzhou Powertrans Co., Ltd... Handan Hengfa 13.64
Transmission Co., Ltd.
Hangzhou Powertrans Co., Ltd... Shijiazhuang Lihua 13.64
Mechanical
Manufacturing Co., Ltd.
Hangzhou Powertrans Co., Ltd... Xingtai Shengjia 13.64
Machinery and
Equipment Factory.
Hangzhou Powertrans Co., Ltd... Shanghai Keli Machinery 13.64
Co., Ltd.
Hangzhou Powertrans Co., Ltd... Jiangsu Zhengya 13.64
Technology Co., Ltd.
Hangzhou Powertrans Co., Ltd... Taizhou Feiyang Metal 13.64
Spinning Co., Ltd.
Hangzhou Powertrans Co., Ltd... Taizhou Pengxun 13.64
Machinery
Manufacturing Co., Ltd.
Hangzhou Powertrans Co., Ltd... Guangde Ronghua 13.64
Machinery
Manufacturing Co., Ltd.
Hangzhou Powertrans Co., Ltd... Qiuxian Hengxin 13.64
Machinery Co., Ltd.
Hangzhou Powertrans Co., Ltd... Reach Machinery 13.64
Enterprise.
Hangzhou Powertrans Co., Ltd... Chengdu Novo Machinery 13.64
Co., Ltd.
Hangzhou Powertrans Co., Ltd... Chengdu Leno Machinery 13.64
Co., Ltd.
Shijiazhuang CAPT Power Shijiazhuang CAPT Power 13.64
Transmission Co., Ltd. Transmission Co., Ltd.
Xinguang Technology Co. Ltd of Sichuan Dawn Precision 13.64
Sichuan Province. Technology Co., Ltd.
PRC-Wide Entity................ ....................... 401.68
------------------------------------------------------------------------
Continuation of Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the Act, the Department will
instruct U.S. Customs and Border Protection (``CBP'') to continue to
suspend liquidation of all entries of IMTDC from the PRC, which were
entered, or withdrawn from warehouse, for consumption on or after June
8, 2016, the date of publication in the Federal Register of the
affirmative Preliminary Determination. Further,
[[Page 75035]]
pursuant to section 735(c)(1)(B)(ii) of the Act, the Department will
instruct CBP to require a cash deposit equal to the amount by which the
normal value exceeds U.S. price, adjusted where appropriate for export
subsidies and estimated domestic subsidy pass-through,\8\ as follows:
(1) For the exporter/producer combinations listed in the table above,
the cash deposit rate is the weighted-average dumping margin listed for
that combination in the table; (2) for all combinations of PRC
exporters/producers of merchandise under consideration not listed in
the table above, the cash deposit rate is the weighted average dumping
margin listed for the PRC-wide entity in the table above; and (3) for
all non-PRC exporters of merchandise under consideration not listed in
the table above, the cash deposit rate is the cash deposit rate
applicable to the PRC exporter/producer combination that supplied that
non-PRC exporter. The suspension of liquidation instructions will
remain in effect until further notice.
---------------------------------------------------------------------------
\8\ See sections 772(c)(1)(C) and 777A(f) of the Act,
respectively.
---------------------------------------------------------------------------
In a LTFV investigation with a companion countervailing duty
(``CVD'') investigation, we normally adjust antidumping duty cash
deposit rates by the amount of export subsidies, where appropriate. In
the companion CVD investigation, we found that Powermach did not
receive export subsidies. The countervailing duty rate for all-others
companies in the CVD case is based on Powermach's countervailing duty
rate, and thus all-others companies were not assigned an export subsidy
rate. Therefore, no offset to Powermach's or the separate rate
entities' antidumping duty cash deposit rates for export subsidies is
necessary. Additionally, we likewise are not adjusting the antidumping
duty cash deposit rate applicable to the PRC-wide entity for export
subsidies.
Pursuant to 777A(f) of the Act, we are not adjusting the
antidumping duty cash deposit rates for estimated domestic subsidy
pass-through. Based on the data on the record of this investigation,
the Department continues to find that there was not a general decrease
in the U.S. average import price during the relevant period. Thus, the
Department continues to find that the requirement under section
777A(f)(1)(B) of the Act has not been met, and has not made an
adjustment to the antidumping duty cash deposit rates under section
777A(f) of the Act.
Disclosure
We intend to disclose to parties in this proceeding the
calculations performed for this final determination within five days of
the date of public announcement of our final determination, in
accordance with 19 CFR 351.224(b).
International Trade Commission (``ITC'') Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of our final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports of IMTDC from the PRC no later than 45 days after our
final determination. If the ITC determines that such injury does not
exist, this proceeding will be terminated and all securities posted
will be refunded or canceled. If the ITC determines that such injury
does exist, the Department will issue an antidumping duty order
directing CBP to assess, upon further instruction by the Department,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative Protective Orders
This notice will serve as a reminder to the parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely written notification of
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing this determination in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: October 21, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
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).
However, the scope excludes flywheels with a ring gear permanently
attached onto the outer diameter. A ring gear is a steel ring with
convex external teeth cut or machined into the outer diameter, and
where the diameter of the ring exceeds 200 mm and doesn't exceed
2,244.3 mm.
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.
Excluded from the scope are finished torsional vibration dampers
(TVDs). A
[[Page 75036]]
finished TVD is an engine component composed of three separate
components: an inner ring, a rubber ring and an outer ring. The
inner ring is an iron wheel or cylinder with a bore hole to fit a
crank shaft which forms a seal to prevent leakage of oil from the
engine. The rubber ring is a dampening medium between the inner and
outer rings that effectively reduces the torsional vibration. The
outer ring, which may be made of materials other than iron, may or
may not have grooves in its outer circumference. To constitute a
finished excluded TVD, the product must be composed of each of the
three parts identified above and the three parts must be permanently
affixed to one another such that both the inner ring and the outer
ring are permanently affixed to the rubber ring. A finished TVD is
excluded only if it meets the physical description provided above;
merchandise that otherwise meets the description of the scope and
does not satisfy the physical description of excluded finished TVDs
above is still covered by the scope of the investigation regardless
of end use or identification as a TVD.
Also excluded from the scope are certain TVD inner rings. To
constitute an excluded TVD inner ring, the product must have each of
the following characteristics: (1) A single continuous curve forming
a protrusion or indentation on outer surface, also known as a sine
lock, with a height or depth not less than 1.5 millimeters and not
exceeding 4.0 millimeters and with a width of at least 10
millimeters as measured across the sine lock from one edge of the
curve to the other; \9\ (2) a face width of the outer diameter of
greater than or equal to 20 millimeters but less than or equal to 80
millimeters; (3) an outside diameter greater than or equal to 101
millimeters but less than or equal to 300 millimeters; and (4) a
weight not exceeding 7 kilograms. A TVD inner ring is excluded only
if it meets the physical description provided above; merchandise
that otherwise meets the description of the scope and does not
satisfy the physical description of excluded TVD inner rings is
still covered by the scope of this investigation regardless of end
use or identification as a TVD inner ring.
---------------------------------------------------------------------------
\9\ The edges of the sine lock curve are defined as the points
where the surface of the inner ring is no longer parallel to the
plane formed by the inner surface of the bore hole that attaches the
ring to the crankshaft.
---------------------------------------------------------------------------
The scope also excludes light-duty, fixed-pitch, non-synchronous
sheaves (``excludable LDFPN sheaves'') with each of the following
characteristics: made from grey iron designated as ASTM (North
American specification) Grade 30 or lower, GB/T (Chinese
specification) Grade HT200 or lower, DIN (German specification) GG
20 or lower, or EN (European specification) EN-GJL 200 or lower;
having no more than two grooves; having a maximum face width of no
more than 1.75 inches, where the face width is the width of the part
at its outside diameter; having a maximum outside diameter of not
more than 18.75 inches; and having no teeth on the outside or datum
diameter. Excludable LDFPN sheaves must also either have a maximum
straight bore size of 1.6875 inches with a maximum hub diameter of
2.875 inches; or else have a tapered bore measuring 1.625 inches at
the large end, a maximum hub diameter of 3.50 inches, a length
through tapered bore of 1.0 inches, exactly two tapped holes that
are 180 degrees apart, and a 2.0- inch bolt circle on the face of
the hub. Excludable LDFPN sheaves more than 6.75 inches in outside
diameter must also have an arm or spoke construction.\10\ Further,
excludable LDFPN sheaves must have a groove profile as indicated in
the table below:
---------------------------------------------------------------------------
\10\ An arm or spoke construction is where arms or spokes
(typically 3 to 6) connect the outside diameter of the sheave with
the hub of the sheave. This is in contrast to a block construction
(in which the material between the hub and the outside diameter is
solid with a uniform thickness that is the same thickness as the hub
of the sheave) or a web construction (in which the material between
the hub and the outside diameter is solid but is thinner than at the
hub of the sheave).
----------------------------------------------------------------------------------------------------------------
Top width
range of each Maximum height Angle
Size (belt profile) Outside diameter groove (inches) ([deg])
(inches)
----------------------------------------------------------------------------------------------------------------
MA/AK (A, 3L, 4L)...................... <=5.45 in................. 0.484-0.499 0.531 34
MA/AK (A, 3L, 4L)...................... >5.45 in. but <=18.75 in.. 0.499-0.509 0.531 38
MB/BK (A, B, 4L, 5L)................... <=7.40 in................. 0.607-0.618 0.632 34
MB/BK (A, B, 4L, 5L)................... >7.40 in. but <=18.75 in.. 0.620-0.631 0.635 38
----------------------------------------------------------------------------------------------------------------
In addition to the above characteristics, excludable LDFPN
sheaves must also have a maximum weight (pounds-per-piece) as
follows: for excludable LDFPN sheaves with one groove and an outside
diameter of greater than 4.0 inches but less than or equal to 8.0
inches, the maximum weight is 4.7 pounds; for excludable LDFPN
sheaves with two grooves and an outside diameter of greater than 4.0
inches but less than or equal to 8.0 inches, the maximum weight is
8.5 pounds; for excludable LDFPN sheaves with one groove and an
outside diameter of greater than 8.0 inches but less than or equal
to 12.0 inches, the maximum weight is 8.5 pounds; for excludable
LDFPN sheaves with two grooves and an outside diameter of greater
than 8.0 inches but less than or equal to 12.0 inches, the maximum
weight is 15.0 pounds; for excludable LDFPN sheaves with one groove
and an outside diameter of greater than 12.0 inches but less than or
equal to 15.0 inches, the maximum weight is 13.3 pounds; for
excludable LDFPN sheaves with two grooves and an outside diameter of
greater than 12.0 inches but less than or equal to 15.0 inches, the
maximum weight is 17.5 pounds; for excludable LDFPN sheaves with one
groove and an outside diameter of greater than 15.0 inches but less
than or equal to 18.75 inches, the maximum weight is 16.5 pounds;
and for excludable LDFPN sheaves with two grooves and an outside
diameter of greater than 15.0 inches but less than or equal to 18.75
inches, the maximum weight is 26.5 pounds.
The scope also excludes light-duty, variable-pitch, non-
synchronous sheaves with each of the following characteristics: made
from grey iron designated as ASTM (North American specification)
Grade 30 or lower, GB/T (Chinese specification) Grade HT200 or
lower, DIN (German specification) GG 20 or lower, or EN (European
specification) EN-GJL 200 or lower; having no more than 2 grooves;
having a maximum overall width of less than 2.25 inches with a
single groove, or of 3.25 inches or less with two grooves; having a
maximum outside diameter of not more than 7.5 inches; having a
maximum bore size of 1.625 inches; having either one or two
identical, internally-threaded (i.e., with threads on the inside
diameter), adjustable (rotating) flange(s) on an externally-threaded
hub (i.e., with threads on the outside diameter) that enable(s) the
width (opening) of the groove to be changed; and having no teeth on
the outside or datum diameter.
The scope also excludes certain IMTDC bushings. An IMTDC bushing
is excluded only if it has a tapered angle of greater than or equal
to 10 degrees, where the angle is measured between one outside
tapered surface and the directly opposing outside tapered surface.
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.
Appendix II
List of Topics in the Issues and Decision Memorandum
I. Summary
II. Background
[[Page 75037]]
III. Scope Comments
IV. Scope of the Investigation
V. Discussion of the Issues:
Comment 1: Treatment of Input
Comment 2: Per-Unit Consumption
Comment 3: Generated Iron Scrap
Comment 4: By-Product Offset
Comment 5: Underreported Consumption
Comment 6: Mold Workshop Labor
Comment 7: Separate Rate Status for Baldor Electric Company
Canada
Comment 8: Separate Rate Status for Zhejiang Damon Industrial
Equipment Co., Ltd.
Comment 9: Separate Rate Status for Zhejiang Dongxing Auto Parts
Co., Ltd.
Comment 10: Separate Rate Status for Yueqing Bethel Shaft Collar
Manufacturing Co., Ltd.
Comment 11: Surrogate Value for Labor
Comment 12: Surrogate Value for Baking Coal
Comment 13: Surrogate Value for Anti-tarnish Paper
Comment 14: Surrogate Value for Spheroidizing Agent
Comment 15: Surrogate Value for Rail Freight
Comment 16: Selection of Financial Statements
Comment 17: SG&A Expense Calculation in Thai Ductile Inductory
Co. Ltd.'s Financial Statements
VI. Recommendation
[FR Doc. 2016-26104 Filed 10-27-16; 8:45 am]
BILLING CODE 3510-DS-P