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]

Download as PDF 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there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures ‘‘gap’’ period, of the order, if such a gap period is applicable to the POR. sradovich on DSK3GMQ082PROD with NOTICES 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 http://enforcement.trade.gov/frn/2013/ VerDate Sep<11>2014 18:13 Jul 05, 2017 Jkt 241001 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 http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. PO 00000 4 See 5 See Frm 00019 Fmt 4703 Sfmt 4703 31301 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 http:// 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: E:\FR\FM\06JYN1.SGM 06JYN1 31302 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices 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 sradovich on DSK3GMQ082PROD with NOTICES 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. VerDate Sep<11>2014 18:13 Jul 05, 2017 Jkt 241001 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 Fmt 4703 Sfmt 4703 ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as the Appendix to this notice. Rate for Non-Examined Companies Which Are Eligible for a Separate Rate As indicated in the ‘‘Preliminary Results of Review’’ section below, we preliminarily determine that a margin of 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. E:\FR\FM\06JYN1.SGM 06JYN1 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 sradovich on DSK3GMQ082PROD with NOTICES * 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 VerDate Sep<11>2014 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 Jkt 241001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 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 E:\FR\FM\06JYN1.SGM 06JYN1 31304 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices 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. sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: Written comments must be submitted on or before September 5, 2017. DATES: VerDate Sep<11>2014 18:13 Jul 05, 2017 Jkt 241001 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 PO 00000 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 http:// 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.
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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 http://enforcement.trade.gov/frn/. The 
signed Preliminary Decision Memorandum and the electronic version of 
the Preliminary Decision Memorandum are identical in content. A list of 
the topics discussed in the Preliminary Decision Memorandum is attached 
as the Appendix to this notice.

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

    As indicated in the ``Preliminary Results of Review'' section 
below, we preliminarily determine that a margin of 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\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(d).
    \10\ See 19 CFR 351.309(c)(2).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.310(c).
    \12\ Id.
    \13\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    \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