Certain Tapered Roller Bearings From the Republic of Korea: Final Determination of Sales at Less Than Fair Value, 29092-29094 [2018-13447]
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29092
Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices
applied to the flat surfaces of the can stock
to facilitate its movement through machines
used in the manufacture of beverage cans.
Aluminum can stock is properly classified
under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7606.12.3045 and 7606.12.3055.
Where the nominal and actual
measurements vary, a product is within the
scope if application of either the nominal or
actual measurement would place it within
the scope based on the definitions set for the
above.
Common alloy sheet is currently
classifiable under HTSUS subheadings
7606.11.3060, 7606.11.6000, 7606.12.3090,
7606.12.6000, 7606.91.3090, 7606.91.6080,
7606.92.3090, and 7606.92.6080. Further,
merchandise that falls within the scope of
this investigation may also be entered into
the United States under HTSUS subheadings
7606.11.3030, 7606.12.3030, 7606.91.3060,
7606.91.6040, 7606.92.3060, 7606.92.6040,
7607.11.9090. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
[FR Doc. 2018–13423 Filed 6–21–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–894]
Certain Tapered Roller Bearings From
the Republic of Korea: Final
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
certain tapered roller bearings (TRBs)
from the Republic of Korea (Korea) for
the period of investigation (POI) of April
1, 2016 through March 31, 2017, are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV).
AGENCY:
DATES:
Group 3 and Schaeffler Korea
Corporation (Schaeffler) (collectively,
the respondents) for use in our final
determination. We used standard
verification procedures, including an
examination of relevant accounting and
production records, and original source
documents provided by the
respondents.4
Scope of the Investigation
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for each of the
respondents. For a discussion of these
changes, see the ‘‘Margin Calculations’’
section of the Issues and Decision
Memorandum.
The product covered by this
investigation is TRBs from Korea. For a
full description of the scope of this
investigation, see the ‘‘Scope of the
Investigation’’ in Appendix I of this
notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum
accompanying this notice. A list of the
issues addressed in the Issues and
Decision Memorandum is attached to
this notice as Appendix II. 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 B–8024 of the main Department
of Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended, (the Act)
from February through April 2018, we
conducted verification of the sales and
cost information submitted by Iljin
Applicable June 22, 2018.
FOR FURTHER INFORMATION CONTACT:
daltland on DSKBBV9HB2PROD with NOTICES
from Korea.1 A summary of the events
that occurred since Commerce
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum, which is adopted by this
notice.2
Blaine Wiltse and Manuel Rey, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6345 and (202) 482–5518,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2018, Commerce
published the Preliminary
Determination of sales at LTFV of TRBs
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17:16 Jun 21, 2018
Jkt 244001
1 See Certain Tapered Roller Bearings from the
Republic of Korea: Preliminary Affirmative
Determination of Sales at Less-Than-Fair-Value,
Postponement of Final Determination, and
Extension of Provisional Measures, 83 FR 4901
(February 2, 2018) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum,
‘‘Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value
Investigation of Certain Tapered Roller Bearings
from the Republic of Korea,’’ (Preliminary Decision
Memorandum).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Certain Tapered Roller Bearings
from the Republic of Korea,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually examined, excluding rates
that are zero, de minimis or determined
entirely under section 776 of the Act.
For the final determination, Commerce
calculated the ‘‘all others’’ rate based on
a weighted average of Iljin Group’s and
Schaeffler’s margins using publiclyranged quantities of their sales of
subject merchandise.5
3 Iljin Group is the name used for the collapsedentity comprised of the following three affiliated
companies: Bearing Art Corporation, Iljin Bearing
Corporation, and Iljin Global Corporation.
4 For discussion of our verification findings, see
the following memoranda: Memorandum,
‘‘Verification of Iljin USA Corporation in the
Antidumping Duty Investigation of Certain Tapered
Roller Bearings from the Republic of Korea,’’ dated
April 24, 2018; Memorandum, ‘‘Verification of the
Sales Response of Schaeffler Group U.S.A., Inc. in
the Antidumping Duty Investigation of Tapered
Roller Bearings from Korea,’’ dated April 25, 2018;
Memorandum, ‘‘Verification of the Cost Response of
Bearing Art Corporation in the Less-than-Fair-Value
Investigation of Tapered Roller Bearings from the
Republic of Korea,’’ dated May 2, 2018;
Memorandum, ‘‘Verification of the Cost Response of
Schaeffler Korea Corporation and Schaeffler Group
USA Inc., (‘Schaeffler’) in the Antidumping Duty
Investigation of Tapered Roller Bearings from
Korea,’’ dated May 3, 2018; Memorandum,
‘‘Verification of Bearing Art Corporation in the
Antidumping Duty Investigation of Certain Tapered
Roller Bearings from the Republic of Korea,’’ dated
May 9, 2018; Memorandum, ‘‘Verification of Iljin
Bearing Corporation in the Antidumping Duty
Investigation of Certain Tapered Roller Bearings
from the Republic of Korea,’’ dated May 10, 2018;
and Memorandum, ‘‘Verification of the Sales
Response of Schaeffler Korea Corporation in the
Antidumping Duty Investigation of Tapered Roller
Bearings from Korea,’’ dated May 10, 2018.
5 With two respondents under examination,
Commerce normally calculates (A) a weightedaverage of the estimated weighted-average dumping
margins calculated for the examined respondents
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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter or producer
Bearing Art Corporation, Iljin Bearing
Corporation, Iljin Global Corporation
(collectively, Iljin Group) ....................
Schaeffler Korea Corporation ...............
All Others ..............................................
8.21
52.44
30.25
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
Continuation of Suspension of
Liquidation
daltland on DSKBBV9HB2PROD with NOTICES
In accordance with section
735(c)(1)(B) of the Act, for this final
determination, we will direct U.S.
Customs and Border Protection (CBP) to
continue to suspend liquidation of all
entries of TRBs from Korea, as described
in Appendix I of this notice, which are
entered, or withdrawn from warehouse,
for consumption on or after February 2,
2018, the date of publication in the
Federal Register of the affirmative
Preliminary Determination. Further, we
will instruct CBP to require a cash
deposit equal to the estimated weightedaverage dumping margins indicated in
the chart above.6 These suspension of
liquidation instructions will remain in
effect until further notice.
weighted using each respondent’s actual U.S. sale
quantity; (B) a simple average of the estimated
weighted-average dumping margins calculated for
the examined respondents; and (C) a weightedaverage of the estimated weighted-average dumping
margins calculated for the examined respondents
using each respondent’s publicly-ranged U.S. sale
quantities for the merchandise under consideration.
Commerce then compares (B) and (C) to (A) and
selects the rate closest to (A) as the most
appropriate rate for all-other producers and
exporters. See Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010).
As complete publicly ranged sales data is available,
pursuant to the above-described process, Commerce
based the all-others rate on the publicly ranged
sales data of the mandatory respondents. For a
complete analysis of the data, see Memorandum,
‘‘Calculation of the All-Others Rate for the Final
Determination in the Less-Than-Fair-Value
Investigation of Certain Tapered Roller Bearings
from the Republic of Korea,’’ dated June 18, 2018.
6 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
VerDate Sep<11>2014
17:16 Jun 21, 2018
Jkt 244001
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports, or
sales (or the likelihood of sales) for
importation of TRBs from Korea no later
than 45 days after this final
determination. If the ITC determines
that such injury does not exist, this
proceeding will be terminated and all
cash deposits will be refunded or
canceled. If the ITC determines that
such injury does exist, Commerce will
issue an antidumping duty order
directing CBP to assess, upon further
instruction by Commerce, antidumping
duties on all imports of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation, as discussed above in the
‘‘Continuation of Suspension of
Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
This notice serves as a reminder to
parties subject to an 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.
Notification to Interested Parties
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act
and 19 CFR 351.210(c).
Dated: June 18, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation is certain
tapered roller bearings. The scope covers all
tapered roller bearings with a nominal
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29093
outside cup diameter of eight inches and
under, regardless of type of steel used to
produce the bearing, whether of inch or
metric size, and whether the tapered roller
bearing is a thrust bearing or not. Certain
tapered roller bearings include: Finished cup
and cone assemblies entering as a set,
finished cone assemblies entering separately,
and finished parts (cups, cones, and tapered
rollers). Certain tapered roller bearings are
sold individually as a set (cup and cone
assembly), as a cone assembly, as a finished
cup, or packaged as a kit with one or several
tapered roller bearings, a seal, and grease.
The scope of the investigation includes
finished rollers and finished cones that have
not been assembled with rollers and a cage.
Certain tapered roller bearings can be a single
row or multiple rows (e.g., two- or four-row),
and a cup can handle a single cone assembly
or multiple cone assemblies.
Finished cups, cones, and rollers differ
from unfinished cups, cones, and rollers in
that they have undergone further processing
after heat treatment, including, but not
limited to, final machining, grinding, and/or
polishing. Mere heat treatment of a cup,
cone, or roller (without any further
processing after heat treatment) does not
render the cup, cone, or roller a finished part
for the purpose of this investigation. Finished
tapered roller bearing parts are understood to
mean parts which, at the time of importation,
are ready for assembly (if further assembly is
required) and require no further finishing or
fabrication, such as grinding, lathing,
machining, polishing, heat treatment, etc.
Finished parts may require grease, bolting,
and/or pressing as part of final assembly, and
the requirement that these processes be
performed, subsequent to importation, does
not remove an otherwise finished tapered
roller bearing from the scope.
Tapered roller bearings that have a
nominal outer cup diameter of eight inches
and under that may be used in wheel hub
units, rail bearings, or other housed bearings,
but entered separately, are included in the
scope to the same extent as described above.
All tapered roller bearings meeting the
written description above, and not otherwise
excluded, are included, regardless of coating.
Excluded from the scope of this
investigation are:
(1) Unfinished parts of tapered roller
bearings (cups, cones, and tapered rollers);
(2) cages, whether finished or unfinished;
(3) the non-tapered roller bearing
components of subject kits (e.g., grease, seal);
and
(4) tapered roller bearing wheel hub units,
rail bearings, and other housed tapered roller
bearings (flange, take up cartridges, and
hanger units incorporating tapered rollers).
Tapered roller bearings subject to this
investigation are primarily classifiable under
subheadings 8482.20.0040, 8482.20.0061,
8482.20.0070, 8482.20.0081, 8482.91.0050,
8482.99.1550, and 8482.99.1580 of the
Harmonized Tariff Schedule of the United
States (HTSUS).7 Parts may also enter under
7 Prior to July 2016, products entering under
8482.20.0061 entered under 8482.20.0060, products
entering under 8482.20.0081 entered under
E:\FR\FM\22JNN1.SGM
Continued
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29094
Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices
8482.99.4500. While the HTSUS subheadings
are provided for convenience and for
customs purposes, the written description of
the subject merchandise is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
1. Allegation of a Particular Market
Situation (PMS) in Korea
2. Affiliation With Hyundai Motor
Company (HMC)
3. Using New Prototype Sales in the
Calculation of Normal Value (NV) and
U.S. Price
4. Reclassifying Certain Prototype Sales as
Export Price (EP)
5. Post-Sale Price Adjustments
6. Constructed Export Price (CEP) Offset
7. Calculating Financial Expenses
8. Applying Partial Adverse Facts
Available (AFA) to Direct Material Costs
9. Unreported Home Market Sales
10. Level of Trade (LOT) and CEP Offset
11. Home Market Rebates
12. Home Market Billing Adjustments
13. U.S. Movement Expenses in Korea
14. U.S. Movement Expenses in the United
States
15. U.S. Warehousing Expenses
16. Calculation of U.S. Duties
17. U.S. Billing Adjustments
18. Rebates Granted on U.S. Sales
19. Borrowing Rate for U.S. Credit
Expenses
20. Classifying Certain Sales as EP
21. Calculating Financial Expenses
22. Commerce’s Schedule for Submitting
Case Briefs
VI. Recommendation
[FR Doc. 2018–13447 Filed 6–21–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–895]
Low Melt Polyester Staple Fiber From
the Republic of Korea: Final
Determination of Sales at Less Than
Fair Value and Final Affirmative
Determination of Critical
Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
low melt polyester staple fiber (low melt
PSF) from the Republic of Korea (Korea)
are being, or are likely to be, sold in the
daltland on DSKBBV9HB2PROD with NOTICES
AGENCY:
8482.20.0080, and products entering under
8482.99.1550 entered under 8482.99.1540.
VerDate Sep<11>2014
17:16 Jun 21, 2018
Jkt 244001
United States at less than fair value
(LTFV) during the period of
investigation (POI) April 1, 2016,
through March 31, 2017. In addition, we
determine that critical circumstances
exist with respect to certain imports of
the subject merchandise. The final
dumping margins of sales at LTFV are
listed below in the ‘‘Final
Determination’’ section of this notice.
DATES: Applicable June 22, 2018.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or Brittany Bauer, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4682 or (202) 482–3860.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2018, Commerce
published the Preliminary
Determination of sales at LTFV of low
melt PSF from Korea, in which we also
postponed the final determination until
June 18, 2018.1 We invited interested
parties to comment on the Preliminary
Determination. A summary of the events
that occurred since Commerce
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum, which is adopted by this
notice.2
Scope of the Investigation
The product covered by this
investigation is low melt PSF from
Korea. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation’’ in
Appendix I of this notice. For a
discussion of changes to the scope since
the Preliminary Determination, see the
‘‘Scope of the Investigation’’ section of
the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by submitted by parties in
1 See Low Melt Polyester Staple Fiber from the
Republic of Korea: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical
Circumstances, in Part, Postponement of Final
Determination, and Extension of Provisional
Measures, 83 FR 4906 (February 2, 2018)
(Preliminary Determination) and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Low Melt Polyester Staple Fiber
from the Republic of Korea,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
this investigation are addressed in the
Issues and Decision Memorandum
accompanying this notice. A list of the
issues addressed in the Issues and
Decision Memorandum is attached to
this notice as Appendix II. 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 B–8024 of the main Department
of Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended, (the Act)
from February through March 2018, we
conducted verification of the sales and
cost information submitted by Huvis
Corporation (Huvis) and Toray
Chemical Korea Inc. (TCK) (collectively,
the respondents) for use in our final
determination. We used standard
verification procedures, including an
examination of relevant accounting and
production records, and original source
documents provided by Huvis and
TCK.3
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for the
respondents. For a discussion of these
changes, see the ‘‘Margin Calculations’’
section of the Issues and Decision
Memorandum.
3 For discussion of our verification findings, see
the following memoranda: Memorandum,
‘‘Verification of the Sales Response of Huvis
Corporation in the Antidumping Duty Investigation
of Low Melt Polyester Staple Fiber from the
Republic of Korea,’’ dated April 9, 2018;
Memorandum, ‘‘Verification of the Cost Response of
Huvis Corporation in the Antidumping Duty
Investigation of Low Melt Polyester Staple Fiber
from the Republic of Korea,’’ dated April 12, 2018;
Memorandum, ‘‘Verification of the Sales Response
of Toray Chemical Korea Inc. in the Antidumping
Duty Investigation of Low Melt Polyester Staple
Fiber from the Republic of Korea,’’ dated April 9,
2018; and Memorandum, ‘‘Verification of the Cost
Response of Toray Chemical Korea, Inc. in the
Antidumping Duty Investigation of Low Melt
Polyester Staple Fiber from the Republic of Korea,’’
dated April 6, 2018.
E:\FR\FM\22JNN1.SGM
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Agencies
[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Notices]
[Pages 29092-29094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13447]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-894]
Certain Tapered Roller Bearings From the Republic of Korea: Final
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of certain tapered roller bearings (TRBs) from the Republic of Korea
(Korea) for the period of investigation (POI) of April 1, 2016 through
March 31, 2017, are being, or are likely to be, sold in the United
States at less than fair value (LTFV).
DATES: Applicable June 22, 2018.
FOR FURTHER INFORMATION CONTACT: Blaine Wiltse and Manuel Rey, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6345 and (202) 482-5518,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2018, Commerce published the Preliminary
Determination of sales at LTFV of TRBs from Korea.\1\ A summary of the
events that occurred since Commerce published the Preliminary
Determination, as well as a full discussion of the issues raised by
parties for this final determination, may be found in the Issues and
Decision Memorandum, which is adopted by this notice.\2\
---------------------------------------------------------------------------
\1\ See Certain Tapered Roller Bearings from the Republic of
Korea: Preliminary Affirmative Determination of Sales at Less-Than-
Fair-Value, Postponement of Final Determination, and Extension of
Provisional Measures, 83 FR 4901 (February 2, 2018) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum,
``Decision Memorandum for the Preliminary Determination in the Less-
Than-Fair-Value Investigation of Certain Tapered Roller Bearings
from the Republic of Korea,'' (Preliminary Decision Memorandum).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Certain Tapered Roller Bearings from the Republic
of Korea,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is TRBs from Korea. For a
full description of the scope of this investigation, see the ``Scope of
the Investigation'' in Appendix I of this notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum
accompanying this notice. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II. 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 B-
8024 of the main Department of Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as
amended, (the Act) from February through April 2018, we conducted
verification of the sales and cost information submitted by Iljin Group
\3\ and Schaeffler Korea Corporation (Schaeffler) (collectively, the
respondents) for use in our final determination. We used standard
verification procedures, including an examination of relevant
accounting and production records, and original source documents
provided by the respondents.\4\
---------------------------------------------------------------------------
\3\ Iljin Group is the name used for the collapsed-entity
comprised of the following three affiliated companies: Bearing Art
Corporation, Iljin Bearing Corporation, and Iljin Global
Corporation.
\4\ For discussion of our verification findings, see the
following memoranda: Memorandum, ``Verification of Iljin USA
Corporation in the Antidumping Duty Investigation of Certain Tapered
Roller Bearings from the Republic of Korea,'' dated April 24, 2018;
Memorandum, ``Verification of the Sales Response of Schaeffler Group
U.S.A., Inc. in the Antidumping Duty Investigation of Tapered Roller
Bearings from Korea,'' dated April 25, 2018; Memorandum,
``Verification of the Cost Response of Bearing Art Corporation in
the Less-than-Fair-Value Investigation of Tapered Roller Bearings
from the Republic of Korea,'' dated May 2, 2018; Memorandum,
``Verification of the Cost Response of Schaeffler Korea Corporation
and Schaeffler Group USA Inc., (`Schaeffler') in the Antidumping
Duty Investigation of Tapered Roller Bearings from Korea,'' dated
May 3, 2018; Memorandum, ``Verification of Bearing Art Corporation
in the Antidumping Duty Investigation of Certain Tapered Roller
Bearings from the Republic of Korea,'' dated May 9, 2018;
Memorandum, ``Verification of Iljin Bearing Corporation in the
Antidumping Duty Investigation of Certain Tapered Roller Bearings
from the Republic of Korea,'' dated May 10, 2018; and Memorandum,
``Verification of the Sales Response of Schaeffler Korea Corporation
in the Antidumping Duty Investigation of Tapered Roller Bearings
from Korea,'' dated May 10, 2018.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
each of the respondents. For a discussion of these changes, see the
``Margin Calculations'' section of the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
shall be equal to the weighted average of the estimated weighted-
average dumping margins established for exporters and producers
individually examined, excluding rates that are zero, de minimis or
determined entirely under section 776 of the Act. For the final
determination, Commerce calculated the ``all others'' rate based on a
weighted average of Iljin Group's and Schaeffler's margins using
publicly-ranged quantities of their sales of subject merchandise.\5\
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\5\ With two respondents under examination, Commerce normally
calculates (A) a weighted-average of the estimated weighted-average
dumping margins calculated for the examined respondents weighted
using each respondent's actual U.S. sale quantity; (B) a simple
average of the estimated weighted-average dumping margins calculated
for the examined respondents; and (C) a weighted-average of the
estimated weighted-average dumping margins calculated for the
examined respondents using each respondent's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all-other producers and exporters.
See Ball Bearings and Parts Thereof from France, Germany, Italy,
Japan, and the United Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged sales data is
available, pursuant to the above-described process, Commerce based
the all-others rate on the publicly ranged sales data of the
mandatory respondents. For a complete analysis of the data, see
Memorandum, ``Calculation of the All-Others Rate for the Final
Determination in the Less-Than-Fair-Value Investigation of Certain
Tapered Roller Bearings from the Republic of Korea,'' dated June 18,
2018.
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[[Page 29093]]
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Bearing Art Corporation, Iljin Bearing Corporation, Iljin 8.21
Global Corporation (collectively, Iljin Group).............
Schaeffler Korea Corporation................................ 52.44
All Others.................................................. 30.25
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, for this final
determination, we will direct U.S. Customs and Border Protection (CBP)
to continue to suspend liquidation of all entries of TRBs from Korea,
as described in Appendix I of this notice, which are entered, or
withdrawn from warehouse, for consumption on or after February 2, 2018,
the date of publication in the Federal Register of the affirmative
Preliminary Determination. Further, we will instruct CBP to require a
cash deposit equal to the estimated weighted-average dumping margins
indicated in the chart above.\6\ These suspension of liquidation
instructions will remain in effect until further notice.
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\6\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports, or sales (or the likelihood of
sales) for importation of TRBs from Korea no later than 45 days after
this final determination. If the ITC determines that such injury does
not exist, this proceeding will be terminated and all cash deposits
will be refunded or canceled. If the ITC determines that such injury
does exist, Commerce will issue an antidumping duty order directing CBP
to assess, upon further instruction by Commerce, antidumping duties on
all imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed above in the ``Continuation of
Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to an
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.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR
351.210(c).
Dated: June 18, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation is certain tapered roller
bearings. The scope covers all tapered roller bearings with a
nominal outside cup diameter of eight inches and under, regardless
of type of steel used to produce the bearing, whether of inch or
metric size, and whether the tapered roller bearing is a thrust
bearing or not. Certain tapered roller bearings include: Finished
cup and cone assemblies entering as a set, finished cone assemblies
entering separately, and finished parts (cups, cones, and tapered
rollers). Certain tapered roller bearings are sold individually as a
set (cup and cone assembly), as a cone assembly, as a finished cup,
or packaged as a kit with one or several tapered roller bearings, a
seal, and grease. The scope of the investigation includes finished
rollers and finished cones that have not been assembled with rollers
and a cage. Certain tapered roller bearings can be a single row or
multiple rows (e.g., two- or four-row), and a cup can handle a
single cone assembly or multiple cone assemblies.
Finished cups, cones, and rollers differ from unfinished cups,
cones, and rollers in that they have undergone further processing
after heat treatment, including, but not limited to, final
machining, grinding, and/or polishing. Mere heat treatment of a cup,
cone, or roller (without any further processing after heat
treatment) does not render the cup, cone, or roller a finished part
for the purpose of this investigation. Finished tapered roller
bearing parts are understood to mean parts which, at the time of
importation, are ready for assembly (if further assembly is
required) and require no further finishing or fabrication, such as
grinding, lathing, machining, polishing, heat treatment, etc.
Finished parts may require grease, bolting, and/or pressing as part
of final assembly, and the requirement that these processes be
performed, subsequent to importation, does not remove an otherwise
finished tapered roller bearing from the scope.
Tapered roller bearings that have a nominal outer cup diameter
of eight inches and under that may be used in wheel hub units, rail
bearings, or other housed bearings, but entered separately, are
included in the scope to the same extent as described above. All
tapered roller bearings meeting the written description above, and
not otherwise excluded, are included, regardless of coating.
Excluded from the scope of this investigation are:
(1) Unfinished parts of tapered roller bearings (cups, cones,
and tapered rollers);
(2) cages, whether finished or unfinished;
(3) the non-tapered roller bearing components of subject kits
(e.g., grease, seal); and
(4) tapered roller bearing wheel hub units, rail bearings, and
other housed tapered roller bearings (flange, take up cartridges,
and hanger units incorporating tapered rollers).
Tapered roller bearings subject to this investigation are
primarily classifiable under subheadings 8482.20.0040, 8482.20.0061,
8482.20.0070, 8482.20.0081, 8482.91.0050, 8482.99.1550, and
8482.99.1580 of the Harmonized Tariff Schedule of the United States
(HTSUS).\7\ Parts may also enter under
[[Page 29094]]
8482.99.4500. While the HTSUS subheadings are provided for
convenience and for customs purposes, the written description of the
subject merchandise is dispositive.
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\7\ Prior to July 2016, products entering under 8482.20.0061
entered under 8482.20.0060, products entering under 8482.20.0081
entered under 8482.20.0080, and products entering under 8482.99.1550
entered under 8482.99.1540.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
1. Allegation of a Particular Market Situation (PMS) in Korea
2. Affiliation With Hyundai Motor Company (HMC)
3. Using New Prototype Sales in the Calculation of Normal Value
(NV) and U.S. Price
4. Reclassifying Certain Prototype Sales as Export Price (EP)
5. Post-Sale Price Adjustments
6. Constructed Export Price (CEP) Offset
7. Calculating Financial Expenses
8. Applying Partial Adverse Facts Available (AFA) to Direct
Material Costs
9. Unreported Home Market Sales
10. Level of Trade (LOT) and CEP Offset
11. Home Market Rebates
12. Home Market Billing Adjustments
13. U.S. Movement Expenses in Korea
14. U.S. Movement Expenses in the United States
15. U.S. Warehousing Expenses
16. Calculation of U.S. Duties
17. U.S. Billing Adjustments
18. Rebates Granted on U.S. Sales
19. Borrowing Rate for U.S. Credit Expenses
20. Classifying Certain Sales as EP
21. Calculating Financial Expenses
22. Commerce's Schedule for Submitting Case Briefs
VI. Recommendation
[FR Doc. 2018-13447 Filed 6-21-18; 8:45 am]
BILLING CODE 3510-DS-P