Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, and Rescission of New Shipper Review; 2015-2016, 1238-1240 [2018-00242]
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Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Notices
publication of these preliminary
results.6 Interested parties may submit
written comments (case briefs) within
30 days of publication of the
preliminary results and rebuttal
comments (rebuttal briefs) within five
days after the time limit for filing case
briefs.7 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case
briefs. Parties who submit arguments 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.8 All briefs must be
filed electronically using ACCESS.
Interested parties who wish to request
a hearing must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance using Enforcement and
Compliance’s ACCESS system.9
Requests should contain the party’s
name, address, and telephone number,
the number of participants, and a list of
the issues to be discussed. If a request
for a hearing is made, we will inform
parties of the scheduled date for the
hearing which will be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and location to be
determined.10 Issues addressed at the
hearing will be limited to those raised
in the briefs.11
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, within 120 days after
issuance of these preliminary results.
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: January 2, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
daltland on DSKBBV9HB2PROD with NOTICES
Appendix
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
A. Allocation Period
B. Attribution of Subsidies
C. Benchmark Interest Rates
V. Analysis of Programs Preliminarily
Determined To Be Countervailable
6 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
8 See 19 CFR 351.309(c)(2) and 351.309(d)(2).
9 See 19 CFR 351.310(c).
10 See 19 CFR 351.310.
11 See 19 CFR 351.310(c).
7 See
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A. Deduction From Taxable Income for
Export Revenue
B. Short-Term Pre-Shipment Rediscount
Program
C. Provision of Hot-Rolled Steel for Less
Than Adequate Remuneration
D. Inward Processing Certificate Exemption
E. Investment Encouragement Program:
Customs Duty and Value Added Tax
Exemptions
VI. Programs Preliminarily Determined to
Not Be Used
VII. Recommendation
[FR Doc. 2018–00262 Filed 1–9–18; 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:
Final Results of Antidumping Duty
Administrative Review, and Rescission
of New Shipper Review; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 29, 2017, the
Department of Commerce (Commerce)
published the preliminary results of the
29th administrative and new shipper
reviews of the antidumping duty order
on tapered roller bearings and parts
thereof, finished and unfinished (TRBs),
from the People’s Republic of China
(China). The period of review (POR) is
June 1, 2015, through May 31, 2016.
After analyzing the comments received,
we have made changes to the final
results of the administrative review. We
are also rescinding the new shipper
review (NSR). The final weightedaverage dumping margins for the
reviewed firms in the administrative
review are listed below in the section
entitled ‘‘Final Results of the Review.’’
DATES: Applicable January 10, 2018.
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.
AGENCY:
Background
These final results of administrative
review cover three exporters of the
subject merchandise, GSP Automotive
Group Wenzhou Co. Ltd. (GSP),
Hangzhou Yonggu Auto-Parts Co., Ltd.
(Hangzhou Yonggu), and Zhejiang CTL
Auto Parts Manufacturing Incorporated
Co., Ltd. (CTL), as well as three
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Sfmt 4703
additional companies, Zhejiang
Zhaofeng Mechanical & Electronic Co.,
Ltd. (Zhaofeng), Yantai CMC Bearing
Company Limited (Yantai CMC), and
Zhejiang Zhengda Bearing Co., Ltd.
(Zhengda), which do not qualify for
separate rates. With respect to these
later companies, we are treating them as
part of the China-wide entity. The NSR
covers Zhejiang Jingli Bearing
Technology Co. Ltd. (Zhejiang Jingli).
On July 6, 2017, Commerce published
the Preliminary Results.1 In the
Preliminary Results, we found that
Zhejiang Jingli’s sale to the United
States was not bona fide, as required by
section 751(a)(2)(B)(iv) of the Tariff Act
of 1930, as amended (the Act).
Therefore, we indicated that we
intended to rescind the NSR.
In August 2017, we received case
briefs from the petitioner, Zhaofeng, and
Yantai CMC, and in September 2017, we
received rebuttal briefs from the
petitioner and Zhaofeng. In October
2017, Commerce extended the deadline
for the final results by 60 days to
January 2, 2018.2 Commerce conducted
this review in accordance with section
751 of the Act.
Scope of the Order 3
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.4
1 See 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, 82 FR 31301 (July 6, 2017) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Tapered Roller Bearings
and Parts Thereof, Finished or Unfinished, from the
People’s Republic of China: Extension of Deadline
for the Final Results of Antidumping Duty
Administrative, and New Shipper Review,’’ dated
October 16, 2017.
3 See Notice of Antidumping Duty Order; Tapered
Roller Bearings and Parts Thereof, Finished or
Unfinished, From the People’s Republic of China,
52 FR 22667 (June 15, 1987) (Order).
4 For a complete description of the scope of the
order, see Memorandum, ‘‘Issues and Decision
Memorandum for the Antidumping Duty
Administrative Review and Rescission of New
Shipper Review: Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished, from the
People’s Republic of China; 2015–2016,’’ dated
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Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Notices
Separate Rates
In the Preliminary Results, we found
that evidence provided by CTL, GSP,
Hangzhou Yonggu, and Zhaofeng
supported finding an absence of both de
jure and de facto government control,
and, therefore, we preliminarily granted
a separate rate to each of these
companies.5 We received no
information since the issuance of the
Preliminary Results that provides a basis
for reconsidering these determinations
with respect to CTL, GSP, and
Hangzhou Yonggu. Therefore, for the
final results, we continue to find that
CTL, GSP, and Hangzhou Yonggu are
eligible for separate rates.
With respect to Zhaofeng, however,
based upon information obtained from
Customs and Border Protection (CBP),
we have determined that Zhaofeng’s
submitted information is unreliable in
its entirety. Thus, we find that this
information cannot serve as a basis for
reaching a determination in this review.
As a result, we find that Zhaofeng was
unable to support its separate rates
claim, and we find Zhaofeng to be a part
of the China-wide entity. For further
discussion, see Comment 1 of the
accompanying Issues and Decision
Memorandum.
Further, with respect to Yantai CMC
and Zhengda, we determined in the
Preliminary Results that these
companies failed to demonstrate an
absence of de facto government control,
and, thus, Commerce did not grant
Yantai CMC and Zhengda a separate
rate. For these final results, we continue
to find, based on record evidence, that
Yantai CMC and Zhengda failed to
demonstrate an absence of de facto
government control. Accordingly, we
are not granting Yantai CMC and
Zhengda a separate rate. For further
discussion of this issue with respect to
Yantai CMC, see Comments 3 through 5
of the accompanying Issues and
Decision Memorandum.
daltland on DSKBBV9HB2PROD with NOTICES
Weighted-Average Dumping Margin for
the Non-Examined, Separate-Rate
Companies
For these final results, we have not
calculated any individual rates or
assigned a rate based on facts available.
Therefore, consistent with our recent
practice,6 we determine to assign to the
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
5 See Preliminary Results, 82 FR at 31302–03 and
Preliminary Decision Memorandum at 10–11.
6 See, e.g., Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam: Preliminary
Results of Antidumping Duty Administrative
Review; 2015–2016, 81 FR 62717 (September 12,
2016), and accompanying Preliminary Decision
Memorandum at 10–11, unchanged in Certain
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non-individually examined separate rate
companies the rate assigned to the
separate rate companies in the most
recently-completed administrative
review of the order, which is zero.7
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Issues and Decision Memorandum.
A list of the issues which parties raised
and to which we respond in the Issues
and Decision Memo is attached to this
notice as an Appendix. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and it is available to
all parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://trade.gov/enforcement.
The signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
1239
Final Results of the Administrative
Review
Because Yantai CMC, Zhaofeng, and
Zhengda did not demonstrate that they
are entitled to a separate rate, Commerce
finds Yantai CMC, Zhaofeng, and
Zhengda to be part of the China-wide
entity. No party requested a review of
the China-wide entity. Therefore, we
did not conduct a review of the Chinawide entity and the entity’s rate is not
subject to change.9 The rate previously
established for the China-wide entity is
92.84 percent.
Additionally, we are assigning the
following weighted-average dumping
margins to the firms listed below for the
period June 1, 2015, through May 31,
2016:
Exporters
GSP Automotive Group
Wenzhou Co. Ltd * ..................
Hangzhou Yonggu Auto-Parts
Co., Ltd * .................................
Zhejiang CTL Auto Parts Manufacturing Incorporated Co.,
Ltd * .........................................
Weightedaverage
dumping
margin
(percent)
0.00
0.00
0.00
* This company demonstrated eligibility for a
separate rate in this administrative review.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1),
Commerce has determined, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise, where applicable, in
Rescission of New Shipper Review
accordance with the final results of this
review. Commerce intends to issue
No party commented on the new
assessment instructions to CBP 15 days
shipper review for these final results. As
after the date of publication of these
explained in the Preliminary Results,
final results of review.
Commerce finds that Zhejiang Jingli’s
Pursuant to the Final Modification for
sale is non-bona fide.8 Because the non- Reviews,10 because the above-listed
bona fide sale was the only reported sale respondents’ weighted-average dumping
of subject merchandise during the POR, margins are zero, we will instruct CBP
and, thus, there are no reviewable
to liquidate the appropriate entries
transactions, Commerce is rescinding
without regard to antidumping duties.11
the NSR.
For Yantai CMC, Zhaofeng, and
Zhengda, because Commerce
Period of Review
determined that these companies did
The POR is June 1, 2015, through May
9 See Antidumping Proceedings: Announcement
31, 2016.
Based on our analysis of the
comments received, we have
determined that Zhaofeng is not eligible
for a separate rate.
Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Final Results of Antidumping
Duty Administrative Review; 2015–2016, 82 FR
11431 (February 23, 2017).
7 See, Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, From the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review, and Rescission of New
Shipper Review; 2014–2015, 82 FR 4844 (January
17, 2017).
8 See Preliminary Results, 82 FR at 31302.
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Fmt 4703
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of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity (NME) in NME Antidumping Duty
Proceedings, 78 FR 65963, 65970 (November 4,
2013).
10 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
11 Id., 77 FR at 8102.
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Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Notices
not qualify for a separate rate, we will
instruct CBP to assess dumping duties
on the companies’ entries of subject
merchandise at the rate of 92.84 percent.
For Zhejiang Jingli, because
Commerce rescinded the NSR, we will
instruct CBP to assess dumping duties
on the company’s entries of subject
merchandise at the rate China-wide rate
of 92.84 percent.
daltland on DSKBBV9HB2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit
rate will be equal to the weightedaverage dumping margin established in
the final results of this review (except,
if the rate is de minimis, then a cash
deposit rate of zero will be established
for that company); (2) for previously
investigated or reviewed China and nonChina exporters not listed above that
currently have a separate rate, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recently completed segment of this
proceeding where the exporter received
that separate rate; (3) for all China
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 China-wide entity,
92.84 percent; and (4) for all non-China
exporters of subject merchandise which
have not received their own separate
rate, the cash deposit rate will be the
rate applicable to the China exporter
that supplied that non-China exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notifications to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notifications to Interested Parties
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
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18:23 Jan 09, 2018
Jkt 244001
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing these
results of review in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: January 2, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issues
Comment 1: Zhaofeng’s Unreported U.S.
Sales
Comment 2: Other Issues for Zhaofeng
Comment 3: Rejection of Yantai CMC’s
Separate Rates Application
Comment 4: Legal Authority To Assign a
China-Wide Rate
Comment 5: Whether the China-Wide Rate
is Under Review
5. Conclusion
[FR Doc. 2018–00242 Filed 1–9–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–816]
Certain Oil Country Tubular Goods
From Turkey: Final Results of
Antidumping Duty Administrative
Review; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 7, 2017, the
Department of Commerce (Commerce)
published the preliminary results of the
administrative review of antidumping
duty order on certain oil country tubular
goods (OCTG) from Turkey. Based on
our analysis of the comments received,
we find that subject merchandise has
been sold at less than normal value.
DATES: Applicable January 10, 2018.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
AGENCY:
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
NW, Washington, DC 20230; telephone:
(202) 482–3477 or (202) 482–1690,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 7, 2017, we published
the Preliminary Results of the
administrative review.1 The period of
review (POR) for the administrative
review is September 1, 2015, through
August 31, 2016. We invited interested
parties to comment on the Preliminary
Results and received case and rebuttal
briefs from interested parties.2
Commerce conducted this review with
section 751(a)(1)(B) of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The merchandise covered by the order
is certain Oil Country Tubular Goods
(OCTG). The merchandise subject to the
order is currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) under item
numbers: 7304.29.10.10, 7304.29.10.20,
7304.29.10.30, 7304.29.10.40,
7304.29.10.50, 7304.29.10.60,
7304.29.10.80, 7304.29.20.10,
7304.29.20.20, 7304.29.20.30,
7304.29.20.40, 7304.29.20.50,
7304.29.20.60, 7304.29.20.80,
7304.29.31.10, 7304.29.31.20,
7304.29.31.30, 7304.29.31.40,
7304.29.31.50, 7304.29.31.60,
7304.29.31.80, 7304.29.41.10,
7304.29.41.20, 7304.29.41.30,
7304.29.41.40, 7304.29.41.50,
7304.29.41.60, 7304.29.41.80,
7304.29.50.15, 7304.29.50.30,
7304.29.50.45, 7304.29.50.60,
7304.29.50.75, 7304.29.61.15,
7304.29.61.30, 7304.29.61.45,
7304.29.61.60, 7304.29.61.75,
7305.20.20.00, 7305.20.40.00,
7305.20.60.00, 7305.20.80.00,
7306.29.10.30, 7306.29.10.90,
7306.29.20.00, 7306.29.31.00,
7306.29.41.00, 7306.29.60.10,
7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
The merchandise subject to the order
may also enter under the following
HTSUS item numbers: 7304.39.00.24,
7304.39.00.28, 7304.39.00.32,
7304.39.00.36, 7304.39.00.40,
1 See Certain Oil Country Tubular Goods from
Turkey: Preliminary Results of Antidumping Duty
Administrative Review; 2015–2016, 82 FR 42285
(September 7, 2017) (Preliminary Results).
2 See Petitioners’ Case Brief, ‘‘Re: Certain Oil
Country Tubular Goods from Turkey: Case Brief,’’
dated October 10, 2017 (the petitioners’ case brief);
and Toscelik’s Rebuttal Brief, ‘‘Re: Oil Country
Tubular Goods from Turkey; Toscelik rebuttal
brief,’’ submitted on October 16, 2017 (Toscelik’s
rebuttal brief). Note that Toscelik’s rebuttal brief
was timely filed but dated incorrectly with an
August 9, 2016, date.
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]]>Agencies
[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Notices]
[Pages 1238-1240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00242]
-----------------------------------------------------------------------
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: Final Results of
Antidumping Duty Administrative Review, and Rescission of New Shipper
Review; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 29, 2017, the Department of Commerce (Commerce)
published the preliminary results of the 29th administrative and new
shipper reviews of the antidumping duty order on tapered roller
bearings and parts thereof, finished and unfinished (TRBs), from the
People's Republic of China (China). The period of review (POR) is June
1, 2015, through May 31, 2016. After analyzing the comments received,
we have made changes to the final results of the administrative review.
We are also rescinding the new shipper review (NSR). The final
weighted-average dumping margins for the reviewed firms in the
administrative review are listed below in the section entitled ``Final
Results of the Review.''
DATES: Applicable January 10, 2018.
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.
Background
These final results of administrative review cover three exporters
of the subject merchandise, GSP Automotive Group Wenzhou Co. Ltd.
(GSP), Hangzhou Yonggu Auto-Parts Co., Ltd. (Hangzhou Yonggu), and
Zhejiang CTL Auto Parts Manufacturing Incorporated Co., Ltd. (CTL), as
well as three additional companies, Zhejiang Zhaofeng Mechanical &
Electronic Co., Ltd. (Zhaofeng), Yantai CMC Bearing Company Limited
(Yantai CMC), and Zhejiang Zhengda Bearing Co., Ltd. (Zhengda), which
do not qualify for separate rates. With respect to these later
companies, we are treating them as part of the China-wide entity. The
NSR covers Zhejiang Jingli Bearing Technology Co. Ltd. (Zhejiang
Jingli).
On July 6, 2017, Commerce published the Preliminary Results.\1\ In
the Preliminary Results, we found that Zhejiang Jingli's sale to the
United States was not bona fide, as required by section
751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the Act).
Therefore, we indicated that we intended to rescind the NSR.
---------------------------------------------------------------------------
\1\ See 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, 82 FR
31301 (July 6, 2017) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
In August 2017, we received case briefs from the petitioner,
Zhaofeng, and Yantai CMC, and in September 2017, we received rebuttal
briefs from the petitioner and Zhaofeng. In October 2017, Commerce
extended the deadline for the final results by 60 days to January 2,
2018.\2\ Commerce conducted this review in accordance with section 751
of the Act.
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\2\ See Memorandum, ``Tapered Roller Bearings and Parts Thereof,
Finished or Unfinished, from the People's Republic of China:
Extension of Deadline for the Final Results of Antidumping Duty
Administrative, and New Shipper Review,'' dated October 16, 2017.
---------------------------------------------------------------------------
Scope of the Order \3\
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\3\ See Notice of Antidumping Duty Order; Tapered Roller
Bearings and Parts Thereof, Finished or Unfinished, From the
People's Republic of China, 52 FR 22667 (June 15, 1987) (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.\4\
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\4\ For a complete description of the scope of the order, see
Memorandum, ``Issues and Decision Memorandum for the Antidumping
Duty Administrative Review and Rescission of New Shipper Review:
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished,
from the People's Republic of China; 2015-2016,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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[[Page 1239]]
Separate Rates
In the Preliminary Results, we found that evidence provided by CTL,
GSP, Hangzhou Yonggu, and Zhaofeng supported finding an absence of both
de jure and de facto government control, and, therefore, we
preliminarily granted a separate rate to each of these companies.\5\ We
received no information since the issuance of the Preliminary Results
that provides a basis for reconsidering these determinations with
respect to CTL, GSP, and Hangzhou Yonggu. Therefore, for the final
results, we continue to find that CTL, GSP, and Hangzhou Yonggu are
eligible for separate rates.
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\5\ See Preliminary Results, 82 FR at 31302-03 and Preliminary
Decision Memorandum at 10-11.
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With respect to Zhaofeng, however, based upon information obtained
from Customs and Border Protection (CBP), we have determined that
Zhaofeng's submitted information is unreliable in its entirety. Thus,
we find that this information cannot serve as a basis for reaching a
determination in this review. As a result, we find that Zhaofeng was
unable to support its separate rates claim, and we find Zhaofeng to be
a part of the China-wide entity. For further discussion, see Comment 1
of the accompanying Issues and Decision Memorandum.
Further, with respect to Yantai CMC and Zhengda, we determined in
the Preliminary Results that these companies failed to demonstrate an
absence of de facto government control, and, thus, Commerce did not
grant Yantai CMC and Zhengda a separate rate. For these final results,
we continue to find, based on record evidence, that Yantai CMC and
Zhengda failed to demonstrate an absence of de facto government
control. Accordingly, we are not granting Yantai CMC and Zhengda a
separate rate. For further discussion of this issue with respect to
Yantai CMC, see Comments 3 through 5 of the accompanying Issues and
Decision Memorandum.
Weighted-Average Dumping Margin for the Non-Examined, Separate-Rate
Companies
For these final results, we have not calculated any individual
rates or assigned a rate based on facts available. Therefore,
consistent with our recent practice,\6\ we determine to assign to the
non-individually examined separate rate companies the rate assigned to
the separate rate companies in the most recently-completed
administrative review of the order, which is zero.\7\
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\6\ See, e.g., Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Preliminary Results of Antidumping
Duty Administrative Review; 2015-2016, 81 FR 62717 (September 12,
2016), and accompanying Preliminary Decision Memorandum at 10-11,
unchanged in Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Final Results of Antidumping Duty
Administrative Review; 2015-2016, 82 FR 11431 (February 23, 2017).
\7\ See, Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review, and Rescission of New
Shipper Review; 2014-2015, 82 FR 4844 (January 17, 2017).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum. A list of the issues which parties raised and to which we
respond in the Issues and Decision Memo is attached to this notice as
an Appendix. The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and it is available to all parties in the Central
Records Unit, Room B8024 of the main Department of Commerce building.
In addition, a complete version of the Issues and Decision Memorandum
can be accessed directly at https://trade.gov/enforcement. The signed
Issues and Decision Memorandum and the electronic version of the Issues
and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have determined
that Zhaofeng is not eligible for a separate rate.
Rescission of New Shipper Review
No party commented on the new shipper review for these final
results. As explained in the Preliminary Results, Commerce finds that
Zhejiang Jingli's sale is non-bona fide.\8\ Because the non-bona fide
sale was the only reported sale of subject merchandise during the POR,
and, thus, there are no reviewable transactions, Commerce is rescinding
the NSR.
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\8\ See Preliminary Results, 82 FR at 31302.
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Period of Review
The POR is June 1, 2015, through May 31, 2016.
Final Results of the Administrative Review
Because Yantai CMC, Zhaofeng, and Zhengda did not demonstrate that
they are entitled to a separate rate, Commerce finds Yantai CMC,
Zhaofeng, and Zhengda to be part of the China-wide entity. No party
requested a review of the China-wide entity. Therefore, we did not
conduct a review of the China-wide entity and the entity's rate is not
subject to change.\9\ The rate previously established for the China-
wide entity is 92.84 percent.
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\9\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
(NME) in NME Antidumping Duty Proceedings, 78 FR 65963, 65970
(November 4, 2013).
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Additionally, we are assigning the following weighted-average
dumping margins to the firms listed below for the period June 1, 2015,
through May 31, 2016:
------------------------------------------------------------------------
Weighted-
average
Exporters dumping
margin
(percent)
------------------------------------------------------------------------
GSP Automotive Group Wenzhou Co. Ltd *...................... 0.00
Hangzhou Yonggu Auto-Parts Co., Ltd *....................... 0.00
Zhejiang CTL Auto Parts Manufacturing Incorporated Co., Ltd 0.00
*..........................................................
------------------------------------------------------------------------
* This company demonstrated eligibility for a separate rate in this
administrative review.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise,
where applicable, in accordance with the final results of this review.
Commerce intends to issue assessment instructions to CBP 15 days after
the date of publication of these final results of review.
Pursuant to the Final Modification for Reviews,\10\ because the
above-listed respondents' weighted-average dumping margins are zero, we
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties.\11\
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\10\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification for Reviews).
\11\ Id., 77 FR at 8102.
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For Yantai CMC, Zhaofeng, and Zhengda, because Commerce determined
that these companies did
[[Page 1240]]
not qualify for a separate rate, we will instruct CBP to assess dumping
duties on the companies' entries of subject merchandise at the rate of
92.84 percent.
For Zhejiang Jingli, because Commerce rescinded the NSR, we will
instruct CBP to assess dumping duties on the company's entries of
subject merchandise at the rate China-wide rate of 92.84 percent.
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, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review
(except, if the rate is de minimis, then a cash deposit rate of zero
will be established for that company); (2) for previously investigated
or reviewed China and non-China exporters not listed above that
currently have a separate rate, the cash deposit rate will continue to
be the exporter-specific rate published for the most recently completed
segment of this proceeding where the exporter received that separate
rate; (3) for all China 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 China-wide entity, 92.84 percent; and (4) for
all non-China exporters of subject merchandise which have not received
their own separate rate, the cash deposit rate will be the rate
applicable to the China exporter that supplied that non-China exporter.
These deposit requirements, when imposed, shall remain in effect
until further notice.
Notifications to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notifications to Interested Parties
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials, or conversion
to judicial protective order, is hereby requested. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
We are issuing and publishing these results of review in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: January 2, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issues
Comment 1: Zhaofeng's Unreported U.S. Sales
Comment 2: Other Issues for Zhaofeng
Comment 3: Rejection of Yantai CMC's Separate Rates Application
Comment 4: Legal Authority To Assign a China-Wide Rate
Comment 5: Whether the China-Wide Rate is Under Review
5. Conclusion
[FR Doc. 2018-00242 Filed 1-9-18; 8:45 am]
BILLING CODE 3510-DS-P
