Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Final Results and Partial Rescission of Review; 2019-2020, 1120-1122 [2022-00217]
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Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Notices
Comment 5: Calculation of the Truck
Freight Surrogate Value
Comment 6: Financial Statements
X. Recommendation
Separate Rate Companies
Exporter
Producer
Non-individually-examined exporters receiving separate rates
Producers supplying the non-individually-examined exporters receiving
separate rates
Huantai Dongyue International Trade Co. Ltd .........................................
Shandong Dongyue Chemical Co., Ltd ....................................................
Shandong Huaan New Material Co., Ltd .................................................
T.T. International Co., Ltd./T.T. International Co., Limited 19 ...................
T.T. International Co., Ltd./T.T. International Co., Limited ......................
T.T. International Co., Ltd./T.T. International Co., Limited ......................
Zhejiang Yonghe Refrigerant Co., Ltd .....................................................
Zibo Feiyuan Chemical Co., Ltd ...............................................................
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 and Partial Rescission of
Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Shanghai
Tainai Bearing Co., Ltd. (Tainai) 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,
2019, through May 31, 2020.
Additionally, Commerce determines
that it is appropriate to rescind this
administrative review of the
antidumping duty (AD) order on TRBs
from China with respect to BRTEC
Wheel Hub Bearing Co., Ltd. (BRTEC)
and Zhejiang Jingli Bearing Technology
Co. Ltd. (Jingli) because they had no
bona fide sales to the United States
during the POR.
DATES: Applicable January 10, 2022.
FOR FURTHER INFORMATION CONTACT: Alex
Wood AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
AGENCY:
19 Commerce preliminarily determined that T.T.
International Co., Ltd. and T.T. International Co.,
Limited are a single entity (collectively, TTI). See
Memorandum, ‘‘Affiliation and Single Entity
Status—T.T. International Co., Ltd.,’’ dated August
10, 2021. No party has challenged that finding for
the final determination. Accordingly, we are
treating TTI as a single entity for the purposes of
the final determination.
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18:16 Jan 07, 2022
Jkt 256001
Jinhua Binglong Chemical Technology Co., Ltd.
Shandong Dongyue Chemical Co., Ltd.
Shandong Huaan New Material Co., Ltd.
Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd.
Zhejiang Quhua Fluor-Chemistry Co., Ltd.
Zhejiang Sanmei Chemical Industry. Co., Ltd.
Jinhua Yonghe Fluorochemical Co., Ltd.
Zibo Feiyuan Chemical Co., Ltd.
Constitution Avenue NW, Washington,
DC 20230; telephone: at (202) 482–1959.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2022–00178 Filed 1–7–22; 8:45 am]
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Appendix III
Background
Commerce published the Preliminary
Results of the administrative review of
the AD order 1 on July 8, 2021.2
Subsequent to the Preliminary Results,
we received additional information from
Tainai, as well as briefs from the
Timken Company, Koyo Bearings North
America LLC; Tainai, and Precision
Components, Inc. On October 14, 2021,
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 4, 2022.3 For a complete
description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.4
Scope of the Order
Merchandise covered by the order are
tapered roller bearings and parts thereof,
finished and unfinished, from China;
flange, take up cartridge, and hanger
units incorporating tapered roller
bearings; and tapered roller housings
1 See 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), as amended, Tapered Roller
Bearings from the People’s Republic of China;
Amendment to Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order in
Accordance with Decision Upon Remand, 55 FR
6669 (February 26, 1990).
2 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; 2019–2020, 86 FR
36099 (July 8, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
3 See Memorandum, ‘‘Extension of Deadline for
the Final Results of Antidumping Duty
Administrative,’’ dated October 14, 2021.
4 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the 2019–2020 Administrative
Review of the Antidumping Duty Order on Tapered
Roller Bearings and Parts Thereof, Finished and
Unfinished, from the People’s Republic of China,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Sfmt 4703
(except pillow blocks) incorporating
tapered rollers, with or without
spindles, whether or not for automotive
use. These products are currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
item numbers 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.
Although the HTSUS item numbers are
provided for convenience and customs
purposes, the written description of the
scope of the order is dispositive.
Analysis of Comments Received
All issues raised in interested parties’
briefs are addressed in the Issues and
Decision Memorandum. A list of the
issues raised by interested parties and to
which we responded in the Issues and
Decision Memorandum is provided in
the appendix to this notice. 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. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Partial Rescission of the Review
We received no comments regarding
our preliminary findings for BRTEC or
Jingli. Thus, consistent with the
Preliminary results, we find that BRTEC
and Jingli did not have bona fide sales
during the POR, and, therefore, we are
rescinding this administrative review
with respect to these companies.
Changes Since the Preliminary Results
Based on our review of the record and
comments received from interested
E:\FR\FM\10JAN1.SGM
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Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Notices
parties regarding our Preliminary
Results, we made certain revisions to
the margin calculations for Tainai and
to the rate assigned to the nonexamined, separate-rate respondents.5
Non-Examined Separate Rate
Respondents
In the Preliminary Results, we
determined that Hebei Xintai Bearing
Forging Co., Ltd. (Hebei Xintai) and
Xinchang Newsun Xintianlong
Precision Bearing Manufacturing Co.,
Ltd. (XTL) demonstrated their eligibility
for a separate rate. 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 Hebei Xintai and XTL are eligible
for a separate rate.
Under Commerce’s current policy
regarding the conditional review of the
China-wide entity, the China-wide
entity will not be under review unless
a party specifically requests, or
Commerce self-initiates, a review of the
entity.6 Because no party requested a
review of the China-wide entity in this
review, the entity is not under review
and the entity’s rate is not subject to
change (i.e., 92.84 percent).7
Assessment Rates
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.8 Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register.9 If a
timely summons is filed at the U.S.
Final Results of the Administrative
Court of International Trade, the
Review
assessment instructions will direct CBP
not to liquidate relevant entries until the
For the companies subject to this
time for parties to file a request for a
review that established their eligibility
statutory injunction has expired (i.e.,
for a separate rate, Commerce
within 90 days of publication).10
determines that the following weightedFor Tainai, Commerce will calculate
average dumping margins exist for the
importer-specific assessment rates for
period June 1, 2019, through May 31,
antidumping duties, in accordance with
2020:
19 CFR 351.212(b)(1). Where the
respondent reported reliable entered
Weightedvalues, Commerce intends to calculate
average
importer-specific ad valorem
Exporter
dumping
assessment rates by aggregating the
margin
(percent)
amount of dumping calculated for all
U.S. sales to the importer and dividing
Shanghai Tainai Bearing
this amount by the total entered value
Co., Ltd .............................
538.79
of the merchandise sold to the
Hebei Xintai Bearing Forging
11
Co., Ltd .............................
538.79 importer. Where the respondent did
not report entered values, Commerce
Xinchang Newsun
will calculate importer-specific
Xintianlong Precision Bearing Manufacturing Co., Ltd
538.79 assessment rates by dividing the amount
of dumping for reviewed sales to the
importer by the total quantity of those
Disclosure
sales. Commerce will calculate an
Commerce will disclose calculations
estimated ad valorem importer-specific
performed for these final results to
interested parties under Administrative
6 See Antidumping Proceedings: Announcement
Protective Order within five days of the
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
date of publication of this notice, in
Conditional Review of the Nonmarket Economy
accordance with 19 CFR 351.224(b).
Entity in NME Antidumping Duty Proceedings, 78
khammond on DSKJM1Z7X2PROD with NOTICES
China-Wide Entity
In the Preliminary Results, we found
that C&U Group Shanghai Bearing Co.,
Ltd. (C&U Group) did not submit a
separate rate application; therefore, it
failed to rebut de facto and de jure
control by the Government of China. We
received no comments on this decision
for our final results; thus, we continue
to find that C&U Group is not eligible
for a separate rate and is a part of the
China-wide entity.
5 Id.
at Comment 3.
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18:16 Jan 07, 2022
Jkt 256001
FR 65963 (November 4, 2013).
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, 74 FR 3987, 3989
(January 22, 2009).
8 See 19 CFR 351.212(b)(1).
9 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
10 See Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification).
11 See 19 CFR 351.212(b)(1).
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1121
assessment rate to determine whether
the per-unit assessment rate is de
minimis; however, Commerce will use
the per-unit assessment rate where
entered values were not reported.12
Where an importer-specific ad valorem
assessment rate is not zero or de
minimis, Commerce will instruct CBP to
collect the appropriate duties at the time
of liquidation. Where either the
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer-specific ad valorem
assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.
For Hebei Xintai and XTL, we will
direct CBP to assess antidumping duties
at a rate equal to the weighted-average
dumping margin determined in the final
results of this review.
Commerce determined that C&U
Group did not qualify for a separate rate.
Therefore, we will instruct CBP to
assess antidumping duties on C&U
Group’s entries of subject merchandise
at 92.84 percent, the established
weighted-average dumping margin for
the China-wide entity.
For BRTEC and Jingli, because
Commerce is rescinding this
administrative review for these two
companies, we will instruct CBP to
assess antidumping duties on their
entries at the cash deposit rate at the
time of entry.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided 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
12 Id.
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Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Notices
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.
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 POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties has occurred and
the subsequent assessment of double
antidumping duties.
Administrative Protective Orders
This notice also serves as a final
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 or 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
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.221(b)(5) and 19 CFR 351.213(h)(1).
Dated: January 4, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Tainai’s Eligibility for a
Separate Rate
Comment 2: Application of Adverse Facts
Available to Tainai
Comment 3: Surrogate Values for Certain
Factors of Production
Comment 4: Surrogate Value for Bearing
Steel
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18:16 Jan 07, 2022
Jkt 256001
Comment 5: Romanian Surrogate Financial
Ratios
Comment 6: Applicability of Surrogate
Financial Ratios
Comment 7: Deduction of Section 301
Duties
Comment 8: Capping Section 301 Duty
Payments
Comment 9: By-Product Offset
Comment 10: Tainai’s Weighted-Average
Dumping Margin
Comment 11: Exclusion of Precision
Components Inc.’s Imports from the
Order
VI. Recommendation
National Oceanic and Atmospheric
Administration
The need for a leasing program, and (2)
what should the leasing program
consider. Other business will be
discussed, if necessary. Although nonemergency issues not contained on the
agenda may come before this Council
for discussion, those issues may not be
the subject of formal action during this
meeting. Council action will be
restricted to those issues specifically
listed in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
The public also should be aware that the
meeting will be recorded. Consistent
with 16 U.S.C. 1852, a copy of the
recording is available upon request.
[RTID 0648–XB705]
Special Accommodations
[FR Doc. 2022–00217 Filed 1–7–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a joint public meeting of its
Scallop Advisory Panel via webinar to
consider actions affecting New England
fisheries in the exclusive economic zone
(EEZ). Recommendations from this
group will be brought to the full Council
for formal consideration and action, if
appropriate.
DATES: This webinar will be held on
Wednesday, January 26, 2022, at 9 a.m.
Webinar registration URL information:
https://attendee.gotowebinar.com/
register/5215827395962115339.
ADDRESSES: Council address: New
England Fishery Management Council,
50 Water Street, Mill 2, Newburyport,
MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Agenda
The Advisory Panel will receive an
update on the implementation timeline
for Framework Adjustment 34 and
Amendment 21. They plan to review
2022 scallop workload based on
priorities approved by the Council at its
December meeting and discuss potential
timelines for completing each task. The
panel will review a draft scoping
document that will be used to assess: (1)
PO 00000
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This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 5, 2022.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–00176 Filed 1–7–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
[Docket No. 220105–0002]
RIN 0660–ZA33
Infrastructure Investment and Jobs Act
Implementation
National Telecommunications
and Information Administration, U.S.
Department of Commerce.
ACTION: Notice, Request for Comment.
AGENCY:
On November 15, 2021,
President Biden signed the
Infrastructure Investment and Jobs Act
of 2021 into law, also known (and
referred to subsequently herein) as the
Bipartisan Infrastructure Law (BIL),
which includes a historic investment of
$65 billion to help close the digital
divide and ensure that all Americans
have access to reliable, affordable, highspeed broadband. The National
Telecommunications and Information
Administration (NTIA), is responsible
for distributing more than $48 billion in
SUMMARY:
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Agencies
[Federal Register Volume 87, Number 6 (Monday, January 10, 2022)]
[Notices]
[Pages 1120-1122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00217]
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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: Final Results and
Partial Rescission of Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Shanghai
Tainai Bearing Co., Ltd. (Tainai) 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, 2019, through May 31, 2020.
Additionally, Commerce determines that it is appropriate to rescind
this administrative review of the antidumping duty (AD) order on TRBs
from China with respect to BRTEC Wheel Hub Bearing Co., Ltd. (BRTEC)
and Zhejiang Jingli Bearing Technology Co. Ltd. (Jingli) because they
had no bona fide sales to the United States during the POR.
---------------------------------------------------------------------------
\19\ Commerce preliminarily determined that T.T. International
Co., Ltd. and T.T. International Co., Limited are a single entity
(collectively, TTI). See Memorandum, ``Affiliation and Single Entity
Status--T.T. International Co., Ltd.,'' dated August 10, 2021. No
party has challenged that finding for the final determination.
Accordingly, we are treating TTI as a single entity for the purposes
of the final determination.
---------------------------------------------------------------------------
DATES: Applicable January 10, 2022.
FOR FURTHER INFORMATION CONTACT: 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: at (202) 482-1959.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of the administrative
review of the AD order \1\ on July 8, 2021.\2\ Subsequent to the
Preliminary Results, we received additional information from Tainai, as
well as briefs from the Timken Company, Koyo Bearings North America
LLC; Tainai, and Precision Components, Inc. On October 14, 2021, 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 4, 2022.\3\ For a complete description of the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ See 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), as amended, Tapered Roller
Bearings from the People's Republic of China; Amendment to Final
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order in Accordance with Decision Upon Remand, 55 FR 6669 (February
26, 1990).
\2\ 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; 2019-2020, 86 FR 36099
(July 8, 2021) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\3\ See Memorandum, ``Extension of Deadline for the Final
Results of Antidumping Duty Administrative,'' dated October 14,
2021.
\4\ See Memorandum, ``Decision Memorandum for the Final Results
of the 2019-2020 Administrative Review of the Antidumping Duty Order
on Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
Merchandise covered by the order are tapered roller bearings and
parts thereof, finished and unfinished, from China; flange, take up
cartridge, and hanger units incorporating tapered roller bearings; and
tapered roller housings (except pillow blocks) incorporating tapered
rollers, with or without spindles, whether or not for automotive use.
These products are currently classifiable under Harmonized Tariff
Schedule of the United States (HTSUS) item numbers 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. Although the HTSUS item numbers are provided for
convenience and customs purposes, the written description of the scope
of the order is dispositive.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. A list of the issues raised by
interested parties and to which we responded in the Issues and Decision
Memorandum is provided in the appendix to this notice. 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. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Partial Rescission of the Review
We received no comments regarding our preliminary findings for
BRTEC or Jingli. Thus, consistent with the Preliminary results, we find
that BRTEC and Jingli did not have bona fide sales during the POR, and,
therefore, we are rescinding this administrative review with respect to
these companies.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested
[[Page 1121]]
parties regarding our Preliminary Results, we made certain revisions to
the margin calculations for Tainai and to the rate assigned to the non-
examined, separate-rate respondents.\5\
---------------------------------------------------------------------------
\5\ Id. at Comment 3.
---------------------------------------------------------------------------
Non-Examined Separate Rate Respondents
In the Preliminary Results, we determined that Hebei Xintai Bearing
Forging Co., Ltd. (Hebei Xintai) and Xinchang Newsun Xintianlong
Precision Bearing Manufacturing Co., Ltd. (XTL) demonstrated their
eligibility for a separate rate. 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 Hebei Xintai and XTL are eligible for
a separate rate.
Final Results of the Administrative Review
For the companies subject to this review that established their
eligibility for a separate rate, Commerce determines that the following
weighted-average dumping margins exist for the period June 1, 2019,
through May 31, 2020:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Shanghai Tainai Bearing Co., Ltd........................ 538.79
Hebei Xintai Bearing Forging Co., Ltd................... 538.79
Xinchang Newsun Xintianlong Precision Bearing 538.79
Manufacturing Co., Ltd.................................
------------------------------------------------------------------------
Disclosure
Commerce will disclose calculations performed for these final
results to interested parties under Administrative Protective Order
within five days of the date of publication of this notice, in
accordance with 19 CFR 351.224(b).
China-Wide Entity
In the Preliminary Results, we found that C&U Group Shanghai
Bearing Co., Ltd. (C&U Group) did not submit a separate rate
application; therefore, it failed to rebut de facto and de jure control
by the Government of China. We received no comments on this decision
for our final results; thus, we continue to find that C&U Group is not
eligible for a separate rate and is a part of the China-wide entity.
Under Commerce's current policy regarding the conditional review of
the China-wide entity, the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity.\6\ Because no party requested a review of the
China-wide entity in this review, the entity is not under review and
the entity's rate is not subject to change (i.e., 92.84 percent).\7\
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\6\ 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 (November 4, 2013).
\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, 74 FR 3987, 3989 (January
22, 2009).
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Assessment Rates
Commerce will determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries
covered by this review.\8\ Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of the final results of this review in the Federal
Register.\9\ If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).\10\
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\8\ See 19 CFR 351.212(b)(1).
\9\ See Notice of Discontinuation of Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
\10\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
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For Tainai, Commerce will calculate importer-specific assessment
rates for antidumping duties, in accordance with 19 CFR 351.212(b)(1).
Where the respondent reported reliable entered values, Commerce intends
to calculate importer-specific ad valorem assessment rates by
aggregating the amount of dumping calculated for all U.S. sales to the
importer and dividing this amount by the total entered value of the
merchandise sold to the importer.\11\ Where the respondent did not
report entered values, Commerce will calculate importer-specific
assessment rates by dividing the amount of dumping for reviewed sales
to the importer by the total quantity of those sales. Commerce will
calculate an estimated ad valorem importer-specific assessment rate to
determine whether the per-unit assessment rate is de minimis; however,
Commerce will use the per-unit assessment rate where entered values
were not reported.\12\ Where an importer-specific ad valorem assessment
rate is not zero or de minimis, Commerce will instruct CBP to collect
the appropriate duties at the time of liquidation. Where either the
respondent's weighted average dumping margin is zero or de minimis, or
an importer-specific ad valorem assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.
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\11\ See 19 CFR 351.212(b)(1).
\12\ Id.
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For Hebei Xintai and XTL, we will direct CBP to assess antidumping
duties at a rate equal to the weighted-average dumping margin
determined in the final results of this review.
Commerce determined that C&U Group did not qualify for a separate
rate. Therefore, we will instruct CBP to assess antidumping duties on
C&U Group's entries of subject merchandise at 92.84 percent, the
established weighted-average dumping margin for the China-wide entity.
For BRTEC and Jingli, because Commerce is rescinding this
administrative review for these two companies, we will instruct CBP to
assess antidumping duties on their entries at the cash deposit rate at
the time of entry.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided 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
[[Page 1122]]
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.
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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Administrative Protective Orders
This notice also serves as a final 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 or
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 sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act
and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(1).
Dated: January 4, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Tainai's Eligibility for a Separate Rate
Comment 2: Application of Adverse Facts Available to Tainai
Comment 3: Surrogate Values for Certain Factors of Production
Comment 4: Surrogate Value for Bearing Steel
Comment 5: Romanian Surrogate Financial Ratios
Comment 6: Applicability of Surrogate Financial Ratios
Comment 7: Deduction of Section 301 Duties
Comment 8: Capping Section 301 Duty Payments
Comment 9: By-Product Offset
Comment 10: Tainai's Weighted-Average Dumping Margin
Comment 11: Exclusion of Precision Components Inc.'s Imports
from the Order
VI. Recommendation
[FR Doc. 2022-00217 Filed 1-7-22; 8:45 am]
BILLING CODE 3510-DS-P