Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Antidumping Duty Administrative Review; and Amended Final Results of Antidumping Duty Administrative Review; 2015-2016, 2709-2710 [2020-00643]

Download as PDF Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices rate application or a separate rate certification within 30 calendar days of the publication of the Initiation Notice. Commerce’s policy regarding conditional review of the China-wide entity applies to this administrative review.8 Under this policy, the Chinawide entity will not be under review unless a party specifically requests, or Commerce self-initiates, a review of the entity. Because no party requested, and Commerce did not self-initiate, a review of the China-wide entity in the instant review, the entity is not under review; therefore, the entity’s current rate, i.e., 60.85 percent,9 is not subject to change. Assessment Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, amended (the Act) and 19 CFR 351.212(b), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise 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 the final results of review in the Federal Register. Consistent with Commerce’s assessment practice in non-market economy cases, if Commerce determines that an exporter under review had no shipments of subject merchandise, any suspended entries that entered under the exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the China-wide rate.10 khammond on DSKJM1Z7X2PROD 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of the final results of this administrative review for all shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed Chinese and non-Chinese exporters that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this proceeding in which the exporter was reviewed; (2) for all Chinese exporters of subject merchandise which have not 8 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 2013). 9 See Preliminary Results, 84 FR at 49096. 10 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). VerDate Sep<11>2014 17:49 Jan 15, 2020 Jkt 250001 been found to be entitled to a separate rate, the cash deposit rate will be that established for the China-wide entity, which is 60.85 percent; and (3) for all non-Chinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese exporter with the subject merchandise. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers Notification to Interested Parties Regarding Administrative Protective Order This notice also 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), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the 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 We are issuing and publishing notice of these final results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: January 7, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–00647 Filed 1–15–20; 8:45 am] PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 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: Notice of Court Decision Not in Harmony With Final Results of Antidumping Duty Administrative Review; and Amended Final Results of Antidumping Duty Administrative Review; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 18, 2019, the United States Court of International Trade (the Court) sustained the final results of redetermination pertaining to the antidumping duty (AD) administrative review of tapered roller bearings and parts thereof, finished and unfinished (TRBs), from the People’s Republic of China (China) covering the period of review (POR) from June 1, 2015 through May 31, 2016. The Department of Commerce (Commerce) is notifying the public that the final judgment in this case is not in harmony with the Final Results in the 2015–2016 administrative review of TRBs from China, and that Commerce is amending the Final Results with respect to the assignment of a separate rate to Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd. (Zhaofeng). DATES: Applicable December 28, 2019. FOR FURTHER INFORMATION CONTACT: Andrew Medley or Alex Wood, 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: AGENCY: This notice 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 and/or countervailing duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties. BILLING CODE 3510–DS–P 2709 Background On January 10, 2018, Commerce published the Final Results of the 2015– 2016 AD administrative review of TRBs from China, in which Commerce determined that Zhaofeng was not eligible for a separate rate because it had misrepresented its reported U.S. sales data.1 The Final Results were appealed to the Court by Zhaofeng, and on December 27, 2018, the Court held that 1 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; 2015–2016, 83 FR 1238 (January 10, 2018) (Final Results), and accompanying Issues and Decision Memorandum (IDM) at Comments 1 and 2. E:\FR\FM\16JAN1.SGM 16JAN1 2710 Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices Commerce had not adequately explained how Zhaofeng’s misrepresentations of its sales data related to Commerce’s separate rate analysis of whether Zhaofeng was independent of government control, and remanded the Final Results for a redetermination consistent with the Court’s opinion.2 In accordance with the Court’s Remand Order, Commerce assigned Zhaofeng a separate rate and applied adverse facts available for Zhaofeng’s misrepresentations of its U.S. sales data and its failure to cooperate to the best of its ability, applied the highest previously calculated dumping margin to Zhaofeng, 92.84 percent.3 On December 18, 2019, the Court sustained Commerce’s Remand Redetermination.4 Therefore, the effective date of this notice is December 28, 2019. Timken Notice In its decision in Timken,5 as clarified by Diamond Sawblades,6 the United States Court of Appeals for the Federal Circuit (CAFC) held that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of a court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The Court’s December 18, 2019 judgment sustaining Commerce’s Remand Redetermination constitutes a final decision of the Court that is not in harmony with Commerce’s Final Results. This notice is published in fulfillment of the publication requirements of Timken and section 516A of the Act. Commerce will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal, or if appealed, pending a final and conclusive court decision. khammond on DSKJM1Z7X2PROD with NOTICES Amended Final Results Because there is now a final court decision, Commerce is amending the 2 See Zhejiang Zhaofeng Mechanical and Electric Co., Ltd. v. United States, 355 F. Supp. 3d 1329, 1333–1335 (CIT December 27, 2018) (Remand Order). 3 See Final Results of Redetermination Pursuant to Court Remand Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd., v. United States, Court No. 18–00004, Slip. Op. 18–182 (CIT December 27, 2018), dated April 25, 2019 (Remand Redetermination). 4 See Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd., v. United States, Court No. 18– 00004, Slip Op. 19–167 (CIT December 18, 2019). 5 See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). 6 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F. 3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). VerDate Sep<11>2014 17:49 Jan 15, 2020 Jkt 250001 Final Results to grant Zhaofeng a separate rate. The separate-rate, weighted-average dumping margin determined for Zhaofeng in the Remand Redetermination is the same as the weighted-average dumping margin that was determined for Zhaofeng in the Final Results, 92.84 percent. Assessment of Antidumping Duties In the event the Court’s ruling is not appealed or, if appealed, upheld by the CAFC, Commerce will instruct U.S. Customs and Border Protection to assess antidumping duties on unliquidated entries of subject merchandise Zhaofeng exported during the 2015–2016 POR based on the assessment rate equal to the weighted-average dumping margin determined for Zhaofeng by Commerce in these amended final results of review. Cash Deposit Requirements As of February 26, 2019, Zhaofeng has a superseding cash deposit rate, because it was assigned a separate rate in a completed administrative review for a more recent period of review of this order.7 Because Zhaofeng has a superseding cash deposit rate, we have not revised its cash deposit rate. Notifications to Interested Parties This notice is issued and published in accordance with sections 516A(e), 751(a)(1), and 777(i)(1) of the Act. Dated: January 10, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–00643 Filed 1–15–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–888] Certain Carbon and Alloy Steel Cut-toLength Plate From the Republic of Korea: Final Results and Partial Rescission of Countervailing Duty Administrative Review, 2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that POSCO, a producer and/or exporter of certain carbon and alloy cut-to-length plate (CTL plate) from the Republic of Korea AGENCY: 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; 2016–2017, 84 FR 6132 (February 26, 2019). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 (Korea), received net countervailable subsidies during the period of review (POR), April 4, 2017 through December 31, 2017. DATES: Applicable January 16, 2020. FOR FURTHER INFORMATION CONTACT: Bob Palmer or Jinny Ahn, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–9068 and (202) 482–0339, respectively. SUPPLEMENTARY INFORMATION: Background On July 17, 2019, Commerce published the Preliminary Results of this administrative review in the Federal Register, and invited interested parties to comment.1 On September 18, 2019, Nucor Corporation (Nucor) submitted pre-verification comments on the record of this administrative review.2 Between September 23, 2019 and September 27, 2019, we conducted verifications of the questionnaire responses submitted by POSCO and the Government of Korea (GOK). We released verification reports on November 13, 2019.3 On October 10, 2019, Commerce postponed the final results of review by 57 days until January 10, 2020.4 On December 2, 2019, Nucor, POSCO, and the GOK submitted timely case briefs.5 Nucor and POSCO also submitted timely rebuttal briefs on December 9, 2019.6 1 See Certain Carbon and Alloy Steel Cut-toLength Plate From the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind the Review, in Part; 2017, 84 FR 34123 (July 17, 2019) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Nucor’s Letter, ‘‘Comments Regarding Verification of POSCO’s Questionnaire Responses,’’ dated September 18, 2019. 3 See Memoranda, ‘‘Verification of the Questionnaire Reponses of POSCO’’ and ‘‘Verification of the Questionnaire Responses of the Government of the Republic of Korea,’’ dated November 13, 2019. 4 See Memorandum, ‘‘Extension of Deadline for Final Results of Countervailing Duty Administrative Review,’’ dated October 10, 2019. 5 See Nucor’s Letter, ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic of Korea: Case Brief,’’ dated December 2, 2019; POSCO’s Letter, ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic of Korea, Case No. C–580–888: POSCO’s Case Brief,’’ dated December 2, 2019; and GOK’s Letter, ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic of Korea, 04/04/2017–12/31/2017 Administrative Review, Case No. C–580–888: Case Brief of the Government of Korea,’’ dated December 2, 2019. 6 See Nucor’s Letter, ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic of Korea: Rebuttal Brief,’’ dated December 9, 2019; and POSCO’s Letter, ‘‘Certain Carbon and Alloy Steel E:\FR\FM\16JAN1.SGM 16JAN1

Agencies

[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2709-2710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00643]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-601]


Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China: Notice of Court 
Decision Not in Harmony With Final Results of Antidumping Duty 
Administrative Review; and Amended Final Results of Antidumping Duty 
Administrative Review; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On December 18, 2019, the United States Court of International 
Trade (the Court) sustained the final results of redetermination 
pertaining to the antidumping duty (AD) administrative review of 
tapered roller bearings and parts thereof, finished and unfinished 
(TRBs), from the People's Republic of China (China) covering the period 
of review (POR) from June 1, 2015 through May 31, 2016. The Department 
of Commerce (Commerce) is notifying the public that the final judgment 
in this case is not in harmony with the Final Results in the 2015-2016 
administrative review of TRBs from China, and that Commerce is amending 
the Final Results with respect to the assignment of a separate rate to 
Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd. (Zhaofeng).

DATES: Applicable December 28, 2019.

FOR FURTHER INFORMATION CONTACT: Andrew Medley or Alex Wood, 
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

    On January 10, 2018, Commerce published the Final Results of the 
2015-2016 AD administrative review of TRBs from China, in which 
Commerce determined that Zhaofeng was not eligible for a separate rate 
because it had misrepresented its reported U.S. sales data.\1\ The 
Final Results were appealed to the Court by Zhaofeng, and on December 
27, 2018, the Court held that

[[Page 2710]]

Commerce had not adequately explained how Zhaofeng's misrepresentations 
of its sales data related to Commerce's separate rate analysis of 
whether Zhaofeng was independent of government control, and remanded 
the Final Results for a redetermination consistent with the Court's 
opinion.\2\ In accordance with the Court's Remand Order, Commerce 
assigned Zhaofeng a separate rate and applied adverse facts available 
for Zhaofeng's misrepresentations of its U.S. sales data and its 
failure to cooperate to the best of its ability, applied the highest 
previously calculated dumping margin to Zhaofeng, 92.84 percent.\3\ On 
December 18, 2019, the Court sustained Commerce's Remand 
Redetermination.\4\ Therefore, the effective date of this notice is 
December 28, 2019.
---------------------------------------------------------------------------

    \1\ 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; 2015-2016, 83 FR 1238 (January 10, 2018) (Final 
Results), and accompanying Issues and Decision Memorandum (IDM) at 
Comments 1 and 2.
    \2\ See Zhejiang Zhaofeng Mechanical and Electric Co., Ltd. v. 
United States, 355 F. Supp. 3d 1329, 1333-1335 (CIT December 27, 
2018) (Remand Order).
    \3\ See Final Results of Redetermination Pursuant to Court 
Remand Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd., v. 
United States, Court No. 18-00004, Slip. Op. 18-182 (CIT December 
27, 2018), dated April 25, 2019 (Remand Redetermination).
    \4\ See Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd., 
v. United States, Court No. 18-00004, Slip Op. 19-167 (CIT December 
18, 2019).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\ 
the United States Court of Appeals for the Federal Circuit (CAFC) held 
that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as 
amended (the Act), Commerce must publish a notice of a court decision 
that is not ``in harmony'' with a Commerce determination and must 
suspend liquidation of entries pending a ``conclusive'' court decision. 
The Court's December 18, 2019 judgment sustaining Commerce's Remand 
Redetermination constitutes a final decision of the Court that is not 
in harmony with Commerce's Final Results. This notice is published in 
fulfillment of the publication requirements of Timken and section 516A 
of the Act. Commerce will continue the suspension of liquidation of the 
subject merchandise pending the expiration of the period of appeal, or 
if appealed, pending a final and conclusive court decision.
---------------------------------------------------------------------------

    \5\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \6\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F. 3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Results

    Because there is now a final court decision, Commerce is amending 
the Final Results to grant Zhaofeng a separate rate. The separate-rate, 
weighted-average dumping margin determined for Zhaofeng in the Remand 
Redetermination is the same as the weighted-average dumping margin that 
was determined for Zhaofeng in the Final Results, 92.84 percent.

Assessment of Antidumping Duties

    In the event the Court's ruling is not appealed or, if appealed, 
upheld by the CAFC, Commerce will instruct U.S. Customs and Border 
Protection to assess antidumping duties on unliquidated entries of 
subject merchandise Zhaofeng exported during the 2015-2016 POR based on 
the assessment rate equal to the weighted-average dumping margin 
determined for Zhaofeng by Commerce in these amended final results of 
review.

Cash Deposit Requirements

    As of February 26, 2019, Zhaofeng has a superseding cash deposit 
rate, because it was assigned a separate rate in a completed 
administrative review for a more recent period of review of this 
order.\7\ Because Zhaofeng has a superseding cash deposit rate, we have 
not revised its cash deposit rate.
---------------------------------------------------------------------------

    \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; 2016-2017, 84 FR 6132 
(February 26, 2019).
---------------------------------------------------------------------------

Notifications to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e), 751(a)(1), and 777(i)(1) of the Act.

    Dated: January 10, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-00643 Filed 1-15-20; 8:45 am]
 BILLING CODE 3510-DS-P

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