Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2016-2017, 6132-6134 [2019-03308]
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6132
Federal Register / Vol. 84, No. 38 / Tuesday, February 26, 2019 / Notices
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) 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.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation,
which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: February 13, 2019.
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.
[FR Doc. 2019–03309 Filed 2–25–19; 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; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that GGB
AGENCY:
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Bearing Technology (Suzhou) Co., Ltd.
(GGB) sold tapered roller bearings and
parts thereof, finished and unfinished
(TRBs) from the People’s Republic of
China (China) at less than normal value
(NV) during the period of review (POR),
June 1, 2016, through May 31, 2017.
DATES: Applicable February 26, 2019.
FOR FURTHER INFORMATION CONTACT:
Andrew Medley or Alex Wood, 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) 482–4987 or (202) 482–1959,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Results on July 12, 2018.1 For events
subsequent to the Preliminary Results,
see Commerce’s Issues and Decision
Memorandum.2 On August 2, 2018, in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the
Act), Commerce extended the deadline
for issuing the final results until January
8, 2019.3 Commerce exercised its
discretion to toll all deadlines affected
by the partial Federal government
closure from December 22, 2018,
through the resumption of operations on
January 29, 2019.4 If the tolled deadline
falls on a non-business day, in
accordance with Commerce’s practice,
the deadline will become the next
business day. The revised deadline for
the final results is now February 19,
2019.
Scope of the Order
The merchandise covered by the
Order 5 includes tapered roller bearings
1 See Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, from the People’s
Republic of China: Preliminary Results and Intent
to Rescind the Review in Part; 2016–2017, 83 FR
32263 (July 12, 2018) (Preliminary Results) and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Antidumping Duty
Administrative Review: Tapered Roller Bearings
and Parts Thereof, Finished and Unfinished, from
the People’s Republic of China; 2016–2017,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 See Memorandum, ‘‘Tapered Roller Bearings
and Parts Thereof, Finished and Unfinished, from
the People’s Republic of China: Extension of
Deadline for the Final Results of Antidumping Duty
Administrative {Review},’’ dated October 16, 2018.
4 See Memorandum, ‘‘Deadlines Affected by the
Partial Shutdown of the Federal Government,’’
dated January 28, 2019. All deadlines in this
segment of the proceeding have been extended by
40 days.
5 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).
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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.6
Analysis of Comments Received
In the Issues and Decision
Memorandum, we addressed all issues
raised in parties’ case and rebuttal
briefs. Appendix I to this notice
provides a list of the issues raised by
parties. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and is
available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain revisions to
the margin calculations for GGB,7 and to
the rate assigned to the non-examined,
separate rate respondents.8
Separate Rate Respondents
In the Preliminary Results, we
determined that GGB and six other
companies demonstrated their eligibility
for separate rates. We received no
comments or argument since the
issuance of the Preliminary Results that
provide a basis for reconsideration of
these determinations. Therefore, for
these final results, we continue to find
that each of the companies listed in the
6 See Issues and Decision Memorandum for a
complete description of the scope of the Order.
7 See Memorandum ‘‘Calculations for GGB
Bearing Technology (Suzhou) Co., Ltd. for the Final
Results,’’ dated concurrently with this notice.
8 See Issues and Decision Memorandum for a
summary of these revisions.
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Federal Register / Vol. 84, No. 38 / Tuesday, February 26, 2019 / Notices
table in the ‘‘Final Results’’ section of
this notice is eligible for a separate rate.
Further, we determined in the
Preliminary Results that each of 12
companies failed to demonstrate an
absence of de facto government control,
and, thus, Commerce did not grant them
a separate rate.9 No party provided
comments with respect to 10 of the 12
companies, and, thus, we continue to
find that those 10 companies listed are
not eligible for separate rates.10 Further,
we received comments from the
remaining two companies, Zhejiang
Machinery Import & Export Corp.
(Zhejiang Machinery) and Zhejiang
Zhaofeng Mechanical & Electronic Co.,
Ltd. (Zhaofeng) with regards to their
separate rate claims. We continue to
find, based on record evidence, that
Zhejiang Machinery failed to
demonstrate an absence of de facto
government control; accordingly, we
also are not granting a separate rate to
Zhejiang Machinery.11 With respect to
Zhaofeng, we have further considered
the information on the record and find
that Zhaofeng has demonstrated the
absence of de jure and de facto
government control, and thus, we are
granting Zhaofeng a separate rate for
these final results.12
Finally, one additional company,
Dingli, could not demonstrate that it
had a suspended entry during the POR.
In the Preliminary Results, we
erroneously stated that we were
rescinding the review with respect to
Dingli because it failed to provide
evidence of a suspended entry during
the POR. However, rather than rescind
the review with respect to Dingli, we
have determined that it is ineligible for
a separate rate, and thus is part of the
China-wide entity.
Rate for Non-Examined Separate-Rate
Respondents
The statute and our regulations do not
address the rate to be assigned to
respondents not selected for individual
examination when we limit our
examination of companies subject to the
administrative review pursuant to
section 777A(c)(2)(B) of the Act.
Generally, we look to section 735(c)(5)
of the Act, which provides instructions
for calculating the all-others rate in an
investigation, for guidance when
9 See Appendix II of this notice for a list of the
11 companies which Commerce continues to find
ineligible for a separate rate. Note that this list also
includes a twelfth company, Hangzhou Xiaoshan
Dingli Machinery Co., Ltd. (Dingli), which is
discussed further below.
10 Id.
11 For further discussion, see Comment 1 of the
accompanying Issues and Decision Memorandum.
12 For further discussion, see Comment 2 of the
accompanying Issues and Decision Memorandum.
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16:24 Feb 25, 2019
Jkt 247001
calculating the rate for respondents not
individually examined in an
administrative review. Section
735(c)(5)(A) of the Act articulates a
preference for not calculating an allothers rate using rates which are zero,
de minimis, or based entirely on facts
available.13 Accordingly, we generally
will determine the weighted-average
dumping margin for companies not
individually examined by weight
averaging the weighted-average
dumping margins for the individually
examined respondents, excluding rates
that are zero, de minimis, or based
entirely on facts available.14
For the final results, we calculated a
rate only for GGB. Therefore, for these
final results, following the practice
described above, we have assigned to
the companies that have not been
individually examined, but have
demonstrated their eligibility for a
separate rate, the weighted-average
dumping margin calculated for GGB.
Final Results of the Administrative
Review
Because Zhejiang Machinery and 11
other companies did not demonstrate
that they are entitled to a separate rate,
Commerce finds these 12 companies
(listed in Appendix II of this notice) to
be part of the China-wide entity.15
Because no party requested a review of
the China-wide entity, and Commerce
no longer considers the China-wide
entity as an exporter conditionally
subject to administrative reviews,16 we
did not conduct a review of the Chinawide entity. The rate previously
established for the China-wide entity is
13 See Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews and Rescission of Reviews
in Part, 73 FR 52823, 52824 (September 11, 2008),
and accompanying Issues and Decision
Memorandum at Comment 16.
14 See, e.g., Preliminary Determination of Sales at
Less Than Fair Value and Partial Affirmative
Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People’s Republic of
China, 71 FR 77373, 77377 (December 26, 2006),
unchanged in Final Determination of Sales at Less
Than Fair Value and Partial Affirmative
Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People’s Republic of
China, 72 FR 19690 (April 19, 2007).
15 In the Preliminary Results, we erroneously
stated that we preliminarily were rescinding the
review with respect to Dingli because it failed to
provide evidence of a suspended entry during the
POR. However, rather than rescind the review with
respect to Dingli, we have determined that it is
ineligible for a separate rate.
16 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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6133
92.84 percent and is not subject to
change as a result of this review.
For companies subject to this review,
which established their eligibility for a
separate rate, Commerce determines that
the following weighted-average
dumping margins exist for the period
June 1, 2015, through May 31, 2016:
Exporter
GGB Bearing Technology
(Suzhou) Co., Ltd ..................
CNH Industrial Italia SpA .........
GSP Automotive Group
Wenzhou Co. Ltd ..................
Hangzhou Hanji Auto Parts
Co., Ltd .................................
Hangzhou Radical Energy-Saving Technology Co., Ltd ........
Ningbo Xinglun Bearings Import
& Export Co., Ltd ..................
Zhejiang Sihe Machine Co., Ltd
Zhejiang Zhaofeng Mechanical
& Electronic Co., Ltd .............
Weightedaverage
dumping
margin
(percent)
7.04
7.04
7.04
7.04
7.04
7.04
7.04
7.04
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review. Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review.
For GGB, we calculated importerspecific 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).
Where an importer-specific assessment
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.17
Pursuant to Commerce’s assessment
practice, for entries that were not
reported in the U.S. sales data submitted
by GGB, we will instruct CBP to
liquidate such entries at the China-wide
rate.18
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
17 See
19 CFR 351.106(c)(2).
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
18 See
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Federal Register / Vol. 84, No. 38 / Tuesday, February 26, 2019 / Notices
determined for GGB in the final results
of this administrative review.
For the companies identified in
Appendix II as part of the China-wide
entity, because Commerce determined
that these companies did 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.
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; (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.
Disclosure
We intend to disclose the calculations
performed to parties in this proceeding
within five days of the date of
publication of this notice, in accordance
with 19 CFR 351.224(b).
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.
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Jkt 247001
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: February 19, 2019.
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
List of Topics Discussed in the Issues and
Decision Memorandum
Summary
Background
Scope of the Order
Changes Since the Preliminary Results
Discussion of the Issues
1. Zhejiang Machinery’s Separate Rate
Status
2. Zhaofeng’s Separate Rate Status
3. Irrecoverable Value Added Taxes
4. Alleged Ministerial Error
5. GGB’s ‘‘Supplier Quality Issue’’ Parts
6. TRB Parts from GGB’s Suppliers
7. Rollers from GGB’s Suppliers
8. Surrogate Values for Steel Plate
9. Surrogate Values for Packing Materials
10. Surrogate Financial Ratios
Conclusion
Appendix II
Companies Not Eligible for a Separate Rate
and To Be Treated as Part of the China-Wide
Entity
Company
1. Apex Maritime Shanghai Co., Ltd.
2. Crossroads Global Trading Co., Ltd.
3. Hangzhou Xiaoshan Dingli Machinery Co.,
Ltd.
4. Honour Lane Shipping Ltd.
5. Kinetsu World Express China Co., Ltd.
6. Luoyang Bearing Corporation (Group)
7. Pacific Link Intl Freight Forwarding Co.,
Ltd.
8. Shanghai Dizhao Industrial Trading Co.,
Ltd.
9. Thi Group Shanghai Ltd.
10. Weifang Haoxin-Conmet Mechanical
Products Co., Ltd.
11. Yantai Huilong Machinery Parts Co., Ltd.
12. Zhejiang Machinery Import & Export
Corp.
[FR Doc. 2019–03308 Filed 2–25–19; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Proposed Information Collection;
Comment Request; National Institute
of Standards and Technology (NIST),
Generic Clearance for Community
Resilience Data Collections
National Institute of Standards
and Technology, Commerce.
ACTION: Notice.
AGENCY:
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.
DATES: Written comments must be
submitted on or before April 29, 2019.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
1401 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 Jennifer Helgeson,
Economist, NIST, 100 Bureau Drive, MS
8603, Gaithersburg, MD 20899–1710,
telephone 301–975–6133, or via email to
jennifer.helgeson@nist.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Abstract
Through acts such as the National
Construction Safety Team Act (NCSTA)
and the NIST Organic Act, among
others, as well as the President’s
Climate Action Plan (2013), NIST
conducts research and develops
guidance and other related tools to
promote and enhance the safety and
well-being of people in the face of a
hazard event. With this in mind, NIST
proposes to conduct a number of data
collection efforts within the topic areas
of disaster and failure studies and
community resilience and
sustainability, including studies of
specific disaster events (e.g., wildfire,
urban fire, structure collapse, hurricane,
earthquake, tornado, and flood events),
assessments of community resilience
and sustainability, and evaluations of
the usability and utility of NIST
guidance or other products.
These data collection efforts may be
either qualitative or quantitative in
E:\FR\FM\26FEN1.SGM
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Agencies
[Federal Register Volume 84, Number 38 (Tuesday, February 26, 2019)]
[Notices]
[Pages 6132-6134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03308]
-----------------------------------------------------------------------
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; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that GGB
Bearing Technology (Suzhou) Co., Ltd. (GGB) sold tapered roller
bearings and parts thereof, finished and unfinished (TRBs) from the
People's Republic of China (China) at less than normal value (NV)
during the period of review (POR), June 1, 2016, through May 31, 2017.
DATES: Applicable February 26, 2019.
FOR FURTHER INFORMATION CONTACT: Andrew Medley or Alex Wood, 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) 482-4987 or (202) 482-1959,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on July 12, 2018.\1\ For
events subsequent to the Preliminary Results, see Commerce's Issues and
Decision Memorandum.\2\ On August 2, 2018, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce
extended the deadline for issuing the final results until January 8,
2019.\3\ Commerce exercised its discretion to toll all deadlines
affected by the partial Federal government closure from December 22,
2018, through the resumption of operations on January 29, 2019.\4\ If
the tolled deadline falls on a non-business day, in accordance with
Commerce's practice, the deadline will become the next business day.
The revised deadline for the final results is now February 19, 2019.
---------------------------------------------------------------------------
\1\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, from the People's Republic of China: Preliminary Results
and Intent to Rescind the Review in Part; 2016-2017, 83 FR 32263
(July 12, 2018) (Preliminary Results) and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Antidumping Duty Administrative Review: Tapered Roller Bearings and
Parts Thereof, Finished and Unfinished, from the People's Republic
of China; 2016-2017,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
\3\ See Memorandum, ``Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, from the People's Republic of China:
Extension of Deadline for the Final Results of Antidumping Duty
Administrative {Review{time} ,'' dated October 16, 2018.
\4\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding have been extended by 40 days.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order \5\ 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.\6\
---------------------------------------------------------------------------
\5\ 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).
\6\ See Issues and Decision Memorandum for a complete
description of the scope of the Order.
---------------------------------------------------------------------------
Analysis of Comments Received
In the Issues and Decision Memorandum, we addressed all issues
raised in parties' case and rebuttal briefs. Appendix I to this notice
provides a list of the issues raised by parties. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov and is available to all
parties in the Central Records Unit, room B8024 of the main Department
of Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
revisions to the margin calculations for GGB,\7\ and to the rate
assigned to the non-examined, separate rate respondents.\8\
---------------------------------------------------------------------------
\7\ See Memorandum ``Calculations for GGB Bearing Technology
(Suzhou) Co., Ltd. for the Final Results,'' dated concurrently with
this notice.
\8\ See Issues and Decision Memorandum for a summary of these
revisions.
---------------------------------------------------------------------------
Separate Rate Respondents
In the Preliminary Results, we determined that GGB and six other
companies demonstrated their eligibility for separate rates. We
received no comments or argument since the issuance of the Preliminary
Results that provide a basis for reconsideration of these
determinations. Therefore, for these final results, we continue to find
that each of the companies listed in the
[[Page 6133]]
table in the ``Final Results'' section of this notice is eligible for a
separate rate.
Further, we determined in the Preliminary Results that each of 12
companies failed to demonstrate an absence of de facto government
control, and, thus, Commerce did not grant them a separate rate.\9\ No
party provided comments with respect to 10 of the 12 companies, and,
thus, we continue to find that those 10 companies listed are not
eligible for separate rates.\10\ Further, we received comments from the
remaining two companies, Zhejiang Machinery Import & Export Corp.
(Zhejiang Machinery) and Zhejiang Zhaofeng Mechanical & Electronic Co.,
Ltd. (Zhaofeng) with regards to their separate rate claims. We continue
to find, based on record evidence, that Zhejiang Machinery failed to
demonstrate an absence of de facto government control; accordingly, we
also are not granting a separate rate to Zhejiang Machinery.\11\ With
respect to Zhaofeng, we have further considered the information on the
record and find that Zhaofeng has demonstrated the absence of de jure
and de facto government control, and thus, we are granting Zhaofeng a
separate rate for these final results.\12\
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\9\ See Appendix II of this notice for a list of the 11
companies which Commerce continues to find ineligible for a separate
rate. Note that this list also includes a twelfth company, Hangzhou
Xiaoshan Dingli Machinery Co., Ltd. (Dingli), which is discussed
further below.
\10\ Id.
\11\ For further discussion, see Comment 1 of the accompanying
Issues and Decision Memorandum.
\12\ For further discussion, see Comment 2 of the accompanying
Issues and Decision Memorandum.
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Finally, one additional company, Dingli, could not demonstrate that
it had a suspended entry during the POR. In the Preliminary Results, we
erroneously stated that we were rescinding the review with respect to
Dingli because it failed to provide evidence of a suspended entry
during the POR. However, rather than rescind the review with respect to
Dingli, we have determined that it is ineligible for a separate rate,
and thus is part of the China-wide entity.
Rate for Non-Examined Separate-Rate Respondents
The statute and our regulations do not address the rate to be
assigned to respondents not selected for individual examination when we
limit our examination of companies subject to the administrative review
pursuant to section 777A(c)(2)(B) of the Act. Generally, we look to
section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation, for guidance when
calculating the rate for respondents not individually examined in an
administrative review. Section 735(c)(5)(A) of the Act articulates a
preference for not calculating an all-others rate using rates which are
zero, de minimis, or based entirely on facts available.\13\
Accordingly, we generally will determine the weighted-average dumping
margin for companies not individually examined by weight averaging the
weighted-average dumping margins for the individually examined
respondents, excluding rates that are zero, de minimis, or based
entirely on facts available.\14\
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\13\ See Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR
52823, 52824 (September 11, 2008), and accompanying Issues and
Decision Memorandum at Comment 16.
\14\ See, e.g., Preliminary Determination of Sales at Less Than
Fair Value and Partial Affirmative Determination of Critical
Circumstances: Certain Polyester Staple Fiber from the People's
Republic of China, 71 FR 77373, 77377 (December 26, 2006), unchanged
in Final Determination of Sales at Less Than Fair Value and Partial
Affirmative Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People's Republic of China, 72 FR
19690 (April 19, 2007).
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For the final results, we calculated a rate only for GGB.
Therefore, for these final results, following the practice described
above, we have assigned to the companies that have not been
individually examined, but have demonstrated their eligibility for a
separate rate, the weighted-average dumping margin calculated for GGB.
Final Results of the Administrative Review
Because Zhejiang Machinery and 11 other companies did not
demonstrate that they are entitled to a separate rate, Commerce finds
these 12 companies (listed in Appendix II of this notice) to be part of
the China-wide entity.\15\ Because no party requested a review of the
China-wide entity, and Commerce no longer considers the China-wide
entity as an exporter conditionally subject to administrative
reviews,\16\ we did not conduct a review of the China-wide entity. The
rate previously established for the China-wide entity is 92.84 percent
and is not subject to change as a result of this review.
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\15\ In the Preliminary Results, we erroneously stated that we
preliminarily were rescinding the review with respect to Dingli
because it failed to provide evidence of a suspended entry during
the POR. However, rather than rescind the review with respect to
Dingli, we have determined that it is ineligible for a separate
rate.
\16\ 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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For companies subject to this review, which established their
eligibility for a separate rate, Commerce determines that the following
weighted-average dumping margins exist for the period June 1, 2015,
through May 31, 2016:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
GGB Bearing Technology (Suzhou) Co., Ltd................... 7.04
CNH Industrial Italia SpA.................................. 7.04
GSP Automotive Group Wenzhou Co. Ltd....................... 7.04
Hangzhou Hanji Auto Parts Co., Ltd......................... 7.04
Hangzhou Radical Energy-Saving Technology Co., Ltd......... 7.04
Ningbo Xinglun Bearings Import & Export Co., Ltd........... 7.04
Zhejiang Sihe Machine Co., Ltd............................. 7.04
Zhejiang Zhaofeng Mechanical & Electronic Co., Ltd......... 7.04
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. Commerce intends to issue assessment
instructions to CBP 15 days after the date of publication of these
final results of review.
For GGB, we calculated 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). Where an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\17\
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\17\ See 19 CFR 351.106(c)(2).
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Pursuant to Commerce's assessment practice, for entries that were
not reported in the U.S. sales data submitted by GGB, we will instruct
CBP to liquidate such entries at the China-wide rate.\18\
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\18\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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
[[Page 6134]]
determined for GGB in the final results of this administrative review.
For the companies identified in Appendix II as part of the China-
wide entity, because Commerce determined that these companies did 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.
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;
(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.
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice,
in accordance with 19 CFR 351.224(b).
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: February 19, 2019.
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
List of Topics Discussed in the Issues and Decision Memorandum
Summary
Background
Scope of the Order
Changes Since the Preliminary Results
Discussion of the Issues
1. Zhejiang Machinery's Separate Rate Status
2. Zhaofeng's Separate Rate Status
3. Irrecoverable Value Added Taxes
4. Alleged Ministerial Error
5. GGB's ``Supplier Quality Issue'' Parts
6. TRB Parts from GGB's Suppliers
7. Rollers from GGB's Suppliers
8. Surrogate Values for Steel Plate
9. Surrogate Values for Packing Materials
10. Surrogate Financial Ratios
Conclusion
Appendix II
Companies Not Eligible for a Separate Rate and To Be Treated as Part of
the China-Wide Entity
Company
1. Apex Maritime Shanghai Co., Ltd.
2. Crossroads Global Trading Co., Ltd.
3. Hangzhou Xiaoshan Dingli Machinery Co., Ltd.
4. Honour Lane Shipping Ltd.
5. Kinetsu World Express China Co., Ltd.
6. Luoyang Bearing Corporation (Group)
7. Pacific Link Intl Freight Forwarding Co., Ltd.
8. Shanghai Dizhao Industrial Trading Co., Ltd.
9. Thi Group Shanghai Ltd.
10. Weifang Haoxin-Conmet Mechanical Products Co., Ltd.
11. Yantai Huilong Machinery Parts Co., Ltd.
12. Zhejiang Machinery Import & Export Corp.
[FR Doc. 2019-03308 Filed 2-25-19; 8:45 am]
BILLING CODE 3510-DS-P