Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Preliminary Results and Preliminary Rescission of New Shipper Review; 2015-2016, 31301-31304 [2017-14174]
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Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices
have been absorbed by an exporter or
producer subject to the review if the
subject merchandise is sold in the
United States through an importer that
is affiliated with such exporter or
producer. The request must include the
name(s) of the exporter or producer for
which the inquiry is requested.
Gap Period Liquidation
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period, of
the order, if such a gap period is
applicable to the POR.
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Administrative Protective Orders and
Letters of Appearance
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with the procedures
outlined in the Department’s regulations
at 19 CFR 351.305. Those procedures
apply to administrative reviews
included in this notice of initiation.
Parties wishing to participate in any of
these administrative reviews should
ensure that they meet the requirements
of these procedures (e.g., the filing of
separate letters of appearance as
discussed at 19 CFR 351.103(d)).
Factual Information Requirements
The Department’s regulations identify
five categories of factual information in
19 CFR 351.102(b)(21), which are
summarized as follows: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by the Department; and (v)
evidence other than factual information
described in (i)–(iv). These regulations
require any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. The
regulations, at 19 CFR 351.301, also
provide specific time limits for such
factual submissions based on the type of
factual information being submitted.
Please review the final rule, available at
https://enforcement.trade.gov/frn/2013/
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18:13 Jul 05, 2017
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1304frn/2013-08227.txt, prior to
submitting factual information in this
segment.
Any party submitting factual
information in an antidumping duty or
countervailing duty proceeding must
certify to the accuracy and completeness
of that information.4 Parties are hereby
reminded that revised certification
requirements are in effect for company/
government officials as well as their
representatives. All segments of any
antidumping duty or countervailing
duty proceedings initiated on or after
August 16, 2013, should use the formats
for the revised certifications provided at
the end of the Final Rule.5 The
Department intends to reject factual
submissions in any proceeding
segments if the submitting party does
not comply with applicable revised
certification requirements.
Extension of Time Limits Regulation
Parties may request an extension of
time limits before a time limit
established under Part 351 expires, or as
otherwise specified by the Secretary.
See 19 CFR 351.302. In general, an
extension request will be considered
untimely if it is filed after the time limit
established under Part 351 expires. For
submissions which are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. on
the due date. Examples include, but are
not limited to: (1) Case and rebuttal
briefs, filed pursuant to 19 CFR 351.309;
(2) factual information to value factors
under 19 CFR 351.408(c), or to measure
the adequacy of remuneration under 19
CFR 351.511(a)(2), filed pursuant to 19
CFR 351.301(c)(3) and rebuttal,
clarification and correction filed
pursuant to 19 CFR 351.301(c)(3)(iv); (3)
comments concerning the selection of a
surrogate country and surrogate values
and rebuttal; (4) comments concerning
U.S. Customs and Border Protection
data; and (5) quantity and value
questionnaires. Under certain
circumstances, the Department may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, the
Department will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
section 782(b) of the Act.
Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also the frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
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4 See
5 See
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which extension requests must be filed
to be considered timely. This
modification also requires that an
extension request must be made in a
separate, stand-alone submission, and
clarifies the circumstances under which
the Department will grant untimelyfiled requests for the extension of time
limits. These modifications are effective
for all segments initiated on or after
October 21, 2013. Please review the
final rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: June 29, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2017–14172 Filed 7–5–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–601]
Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished,
From the People’s Republic of China:
Preliminary Results and Preliminary
Rescission of New Shipper Review;
2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the 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 six exporters, of which
the Department selected two mandatory
respondents for individual examination
(i.e., Zhejiang Zhaofeng Mechanical &
Electronic Co, Ltd. (Zhaofeng); and
Zhejiang Zhengda Bearing Co., Ltd.
(Zhengda)). The NSR covers Zhejiang
Jingli Bearing Technology Co., Ltd.
(Zhejiang Jingli). The period of review
(POR) is June 1, 2015, through May 31,
2016.
We preliminarily determine that sales
of subject merchandise have been made
below normal value (NV). In addition,
we preliminarily determine that
Zhejiang Jingli’s sale to the United
States is not bona fide. Therefore, we are
AGENCY:
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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 July 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Andrew Medley or Whitley Herndon,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–4987 or
(202) 482–6274, 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.1
Preliminary Rescission of the NSR
As discussed in the Bona Fides
Analysis Memorandum,2 the
Department preliminarily finds that the
single sale made by Zhejiang Jingli to
the United States during the POR is not
a bona fide sale, as required by section
751(a)(2)(B)(iv) of the Tariff Act of 1930,
as amended (the Act).3 The Department
reached this conclusion based on the
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1 For
a complete description of the scope of the
order, see memorandum from Gary Taverman,
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
2015–2016 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.
2 See Memorandum, ‘‘New Shipper Review of
Tapered Roller Bearings and Parts Thereof from the
People’s Republic of China: Analysis of Zhejiang
Jingli Bearing Technology. Ltd.’s Bona Fides as a
New Shipper,’’ dated June 29, 2017.
3 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.
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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} 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.4
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 Zhejiang Jingli’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.
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: Zhaofeng
and Zhengda. For Zhaofeng, we
calculated export prices in accordance
with section 772 of the Act. In addition,
we based the preliminary dumping
margin for certain unreported sales
discovered as a result of verification on
adverse facts available (AFA).5 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 Zhengda, we preliminarily find
that this respondent is ineligible for a
separate rate because it has failed to
demonstrate an absence of de facto
government control in this
administrative review. Therefore, we
did not calculate a separate margin for
Zhengda.
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).
section 751(a)(2)(B)(iv) of the Act.
Preliminary Decision Memorandum, at
‘‘Application of Facts Available and use of Adverse
Interferences.’’
PO 00000
4 See
5 See
Frm 00020
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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
https://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
76.93 percent applies to the three firms
not selected for individual review but
determined to be eligible for a separate
rate. For further information, see the
Preliminary Decision Memorandum at
‘‘Separate Rate Assigned to NonSelected Companies.’’
Preliminary Results of Review
Two companies involved in the
administrative review, Zhengda and
Yantai CMC Bearing Co. Ltd./CMC
Bearing Co. Ltd. (Yantai CMC) did not
demonstrate that they were entitled to a
separate rate.6 Therefore, the
Department preliminarily finds Zhengda
and Yantai CMC to be part of the PRCwide entity.7 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
period June 1, 2015, through May 31,
2016:
6 With respect to Yantai CMC, we note that the
Initiation Notice listed this company as ‘‘Yantai
CMC Bearing Co. Ltd./CMC Bearings Co. Ltd.’’
However, the review request was for Yantai CMC
Bearing Co. Ltd./CMC Bearing Co. Ltd. This notice
corrects the Initiation Notice and clarifies that this
review covers Yantai CMC Bearing Co. Ltd./CMC
Bearing Co. Ltd. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
53121 (August 11, 2016) (Initiation Notice).
7 See Preliminary Decision Memorandum, at 12–
13. 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.
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Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices
Exporters
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,
76.93 which will include the results of its
analysis of all issues raised in the case
76.93 briefs, within 120 days of publication of
these preliminary results, pursuant to
76.93 section 751(a)(3)(A) of the Act.
Weightedaverage
percent
margins
Zhejiang Zhaofeng Mechanical
& Electronic Co, Ltd. .............
GSP Automotive Group
Wenzhou Co., Ltd.* ...............
Hangzhou Yonggu Auto-Parts
C., Ltd.* .................................
Zhejiang CTL Auto Parts Manufacturing Incorporated Co.,
Ltd.* .......................................
Assessment Rates
76.93
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* This company was not selected as a mandatory respondent but is subject to this administrative review and 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.8 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.9
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.10
Any interested party may request a
hearing within 30 days of publication of
this notice.11 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.12 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,
1401 Constitution Avenue NW.,
Washington, DC 20230.13
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
8 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d).
10 See 19 CFR 351.309(c)(2).
11 See 19 CFR 351.310(c).
12 Id.
13 See 19 CFR 351.310(d).
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.14 For Zhaofeng, which has a
weighted-average dumping margin
which is not zero or de minimis (i.e.,
less than 0.5 percent), we will calculate
importer-specific ad valorem duty
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).
For entries that were not reported in the
U.S. sales databases submitted by
Zhaofeng, the Department will instruct
CBP to liquidate such entries at either
the AFA rate (related to sales discovered
as a result of verification, which will be
identified in the liquidation instructions
by the applicable customer name) 15 or
the PRC-wide rate (for sales made by
resellers).
For the respondents which were not
selected for individual examination in
this administrative review and which
qualified for a separate rate, the
assessment rate will be equal to the
weighted-average dumping margin
assigned to Zhaofeng in the final results
of this administrative review. For the
final results, if we continue to treat
Yantai CMC and Zhengda as part of the
PRC-wide entity, we will instruct CBP
to apply an ad valorem assessment rate
of 92.84 percent, the current rate
established for the PRC-wide entity, to
all entries of subject merchandise
during the POR which were exported by
Yantai CMC and Zhengda.
If we proceed to a final rescission of
the NSR, Zhejiang Jingli’s entries will be
assessed at the rate entered. 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 Zhejiang Jingli. We
will instruct CBP to assess antidumping
duties on all appropriate entries covered
by this NSR if the importer-specific
9 See
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18:13 Jul 05, 2017
14 See
19 CFR 351.212(b)(1).
Preliminary Decision Memorandum, at
‘‘Application of Facts Available and use of Adverse
Interferences.’’
15 See
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31303
assessment rate calculated in the final
results of this NSR is above de minimis.
We intend to issue assessment
instructions to CBP 15 days after the
publication of the final results of these
reviews.
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.
If the Department proceeds to a final
rescission of the NSR, the cash deposit
rate will continue to be the PRC-wide
rate for Zhejiang Jingli 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
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occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
preliminary results of review and
preliminary rescission 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: June 29, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Determination Not To Select GSP as a
Voluntary Respondent
5. Bona Fides Analysis
6. Discussion of the Methodology
a. Non-Market Economy Country Status
b. Separate Rates
c. Separate Rate Assigned to Non-Selected
Companies
d. The PRC-Wide Entity
e. Application of Facts Available and use
of Adverse Interferences
f. Surrogate Country
g. Date of Sale
h. Normal Value Comparisons
i. Determination of Comparison Method
j. Export Price
k. Irrecoverable Value-Added Tax (VAT)
l. Normal Value
m. Currency Conversion
7. Recommendation
[FR Doc. 2017–14174 Filed 7–5–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Groundfish Trawl
Catcher Processor Economic Data
Report
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
ACTION:
Notice.
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
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SUMMARY:
Written comments must be
submitted on or before September 5,
2017.
DATES:
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18:13 Jul 05, 2017
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Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at pracomments@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Stephanie Warpinski, (907)
586–7228.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Abstract
This request is for extension of a
current information collection.
The Groundfish Trawl Catcher
Processor Economic Data Report (the
EDR) collects information for the Gulf of
Alaska Trawl Groundfish Economic
Data Report Program (GOA Trawl EDR
Program) and for Amendment 80 to the
Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area.
The GOA Trawl EDR Program
evaluates the economic effects of
current and future groundfish and
prohibited species catch (PSC)
management measures for GOA trawl
fisheries. This program provides the
National Marine Fisheries Service
(NMFS) and the North Pacific Fishery
Management Council with baseline
information on affected harvesters,
crew, processors, and communities in
the GOA.
Amendment 80 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area primarily allocates
several BSAI non-pollock trawl
groundfish fisheries among fishing
sectors, and facilitates the formation of
harvesting cooperatives among vessels
in the Non-American Fisheries Act
(non-AFA) Trawl Catcher/Processor
Cooperative Program. This program
established a limited access privilege
program for the non-AFA trawl catcher/
processor sector.
Data collected through the EDR
includes labor information, revenues
received, capital and operational
expenses, and other operational or
financial data. This information is used
to assess the economic effects of
Amendment 80 on vessels or entities
regulated by the non-AFA Trawl
Catcher/Processor Cooperative Program,
and impacts of major changes in the
groundfish management regime,
including allocation of PSC species and
target species to harvesting
cooperatives.
The EDR is submitted annually by
vessel owners and leaseholders of GOA
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Frm 00022
Fmt 4703
Sfmt 4703
trawl vessels, processors receiving
deliveries from those trawl vessels, and
Amendment 80 catcher/processors
harvesting in the GOA and BSAI.
Submission of the EDR is mandatory.
II. Method of Collection
The EDR may be submitted online, or
by mail or facsimile transmission of
paper forms. Pacific States Marine
Fisheries Commission (PSMFC) has
been designated by NMFS as the Data
Collection Agent. PSMFC mails EDR
announcements and filing instructions
to respondents by April 1 of each year.
Respondents are encouraged to
complete the form online on the PSMFC
Web site at https://survey.psmfc.org.
The EDR is also available in fillable PDF
format on the PSFMC Web site at https://
www.psmfc.org/goatrawl/.
III. Data
OMB Control Number: 0648–0564.
Form Number(s): None.
Type of Review: Regular submission
(extension of a current information
collection).
Affected Public: Business or other forprofit organizations; individuals or
households.
Estimated Number of Respondents:
25.
Estimated Time per Response:
Groundfish Trawl Catcher Processor
EDR, 22 hours.
Estimated Total Annual Burden
Hours: 550 hours.
Estimated Total Annual Cost to
Public: $31 in recordkeeping/reporting
costs.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
E:\FR\FM\06JYN1.SGM
06JYN1
]]>Agencies
[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Notices]
[Pages 31301-31304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14174]
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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
and Preliminary Rescission of New Shipper Review; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the 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 six exporters, of which the Department selected
two mandatory respondents for individual examination (i.e., Zhejiang
Zhaofeng Mechanical & Electronic Co, Ltd. (Zhaofeng); and Zhejiang
Zhengda Bearing Co., Ltd. (Zhengda)). The NSR covers Zhejiang Jingli
Bearing Technology Co., Ltd. (Zhejiang Jingli). The period of review
(POR) is June 1, 2015, through May 31, 2016.
We preliminarily determine that sales of subject merchandise have
been made below normal value (NV). In addition, we preliminarily
determine that Zhejiang Jingli's sale to the United States is not bona
fide. Therefore, we are
[[Page 31302]]
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 July 6, 2017.
FOR FURTHER INFORMATION CONTACT: Andrew Medley or Whitley Herndon,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-4987 or (202) 482-6274, 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.\1\
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\1\ For a complete description of the scope of the order, see
memorandum from Gary Taverman, 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 2015-2016 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.
---------------------------------------------------------------------------
Preliminary Rescission of the NSR
As discussed in the Bona Fides Analysis Memorandum,\2\ the
Department preliminarily finds that the single sale made by Zhejiang
Jingli to the United States during the POR is not a bona fide sale, as
required by section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as
amended (the Act).\3\ The Department reached this conclusion based on
the totality of the circumstances surrounding the reported sale,
including:
---------------------------------------------------------------------------
\2\ See Memorandum, ``New Shipper Review of Tapered Roller
Bearings and Parts Thereof from the People's Republic of China:
Analysis of Zhejiang Jingli Bearing Technology. Ltd.'s Bona Fides as
a New Shipper,'' dated June 29, 2017.
\3\ 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.
(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.\4\
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\4\ 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
Zhejiang Jingli'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.
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: Zhaofeng and Zhengda. For
Zhaofeng, we calculated export prices in accordance with section 772 of
the Act. In addition, we based the preliminary dumping margin for
certain unreported sales discovered as a result of verification on
adverse facts available (AFA).\5\ 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.
---------------------------------------------------------------------------
\5\ See Preliminary Decision Memorandum, at ``Application of
Facts Available and use of Adverse Interferences.''
---------------------------------------------------------------------------
For Zhengda, we preliminarily find that this respondent is
ineligible for a separate rate because it has failed to demonstrate an
absence of de facto government control in this administrative review.
Therefore, we did not calculate a separate margin for Zhengda.
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 https://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 76.93 percent
applies to the three firms not selected for individual review but
determined to be eligible for a separate rate. For further information,
see the Preliminary Decision Memorandum at ``Separate Rate Assigned to
Non-Selected Companies.''
Preliminary Results of Review
Two companies involved in the administrative review, Zhengda and
Yantai CMC Bearing Co. Ltd./CMC Bearing Co. Ltd. (Yantai CMC) did not
demonstrate that they were entitled to a separate rate.\6\ Therefore,
the Department preliminarily finds Zhengda and Yantai CMC to be part of
the PRC-wide entity.\7\ The rate previously established for the PRC-
wide entity is 92.84 percent.
---------------------------------------------------------------------------
\6\ With respect to Yantai CMC, we note that the Initiation
Notice listed this company as ``Yantai CMC Bearing Co. Ltd./CMC
Bearings Co. Ltd.'' However, the review request was for Yantai CMC
Bearing Co. Ltd./CMC Bearing Co. Ltd. This notice corrects the
Initiation Notice and clarifies that this review covers Yantai CMC
Bearing Co. Ltd./CMC Bearing Co. Ltd. See Initiation of Antidumping
and Countervailing Duty Administrative Reviews, 81 FR 53121 (August
11, 2016) (Initiation Notice).
\7\ See Preliminary Decision Memorandum, at 12-13. 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.
---------------------------------------------------------------------------
The Department preliminarily determines that the following
weighted-average dumping margins exist for the period June 1, 2015,
through May 31, 2016:
[[Page 31303]]
------------------------------------------------------------------------
Weighted-
average
Exporters percent
margins
------------------------------------------------------------------------
Zhejiang Zhaofeng Mechanical & Electronic Co, Ltd.......... 76.93
GSP Automotive Group Wenzhou Co., Ltd.*.................... 76.93
Hangzhou Yonggu Auto-Parts C., Ltd.*....................... 76.93
Zhejiang CTL Auto Parts Manufacturing Incorporated Co., 76.93
Ltd.*.....................................................
------------------------------------------------------------------------
* This company was not selected as a mandatory respondent but is subject
to this administrative review and 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.\8\
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.\9\ 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.\10\
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\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(d).
\10\ 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.\11\ 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.\12\ 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, 1401 Constitution Avenue NW., Washington, DC
20230.\13\
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\11\ See 19 CFR 351.310(c).
\12\ Id.
\13\ 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.\14\ For Zhaofeng,
which has a weighted-average dumping margin which is not zero or de
minimis (i.e., less than 0.5 percent), we will calculate importer-
specific ad valorem duty 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). For entries that were not reported in the U.S. sales
databases submitted by Zhaofeng, the Department will instruct CBP to
liquidate such entries at either the AFA rate (related to sales
discovered as a result of verification, which will be identified in the
liquidation instructions by the applicable customer name) \15\ or the
PRC-wide rate (for sales made by resellers).
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\14\ See 19 CFR 351.212(b)(1).
\15\ See Preliminary Decision Memorandum, at ``Application of
Facts Available and use of Adverse Interferences.''
---------------------------------------------------------------------------
For the respondents which were not selected for individual
examination in this administrative review and which qualified for a
separate rate, the assessment rate will be equal to the weighted-
average dumping margin assigned to Zhaofeng in the final results of
this administrative review. For the final results, if we continue to
treat Yantai CMC and Zhengda as part of the PRC-wide entity, we will
instruct CBP to apply an ad valorem assessment rate of 92.84 percent,
the current rate established for the PRC-wide entity, to all entries of
subject merchandise during the POR which were exported by Yantai CMC
and Zhengda.
If we proceed to a final rescission of the NSR, Zhejiang Jingli's
entries will be assessed at the rate entered. 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 Zhejiang Jingli. 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.
We intend to issue assessment instructions to CBP 15 days after the
publication of the final results of these reviews.
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.
If the Department proceeds to a final rescission of the NSR, the
cash deposit rate will continue to be the PRC-wide rate for Zhejiang
Jingli 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
[[Page 31304]]
occurred and the subsequent assessment of double antidumping duties.
We are issuing and publishing these preliminary results of review
and preliminary rescission 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: June 29, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Determination Not To Select GSP as a Voluntary Respondent
5. Bona Fides Analysis
6. Discussion of the Methodology
a. Non-Market Economy Country Status
b. Separate Rates
c. Separate Rate Assigned to Non-Selected Companies
d. The PRC-Wide Entity
e. Application of Facts Available and use of Adverse
Interferences
f. Surrogate Country
g. Date of Sale
h. Normal Value Comparisons
i. Determination of Comparison Method
j. Export Price
k. Irrecoverable Value-Added Tax (VAT)
l. Normal Value
m. Currency Conversion
7. Recommendation
[FR Doc. 2017-14174 Filed 7-5-17; 8:45 am]
BILLING CODE 3510-DS-P
