Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Final Results of Review; 2020-2021, 1359-1361 [2023-00303]
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Federal Register / Vol. 88, No. 6 / Tuesday, January 10, 2023 / Notices
customers identified in its questionnaire
responses without regard to
antidumping duties because Dalmine’s
weighted-average dumping margin in
these final results is zero.6
For entries of subject merchandise
during the POR produced by Dalmine
for which it did not know its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.7
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. 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).
Cash Deposit Requirements
khammond on DSKJM1Z7X2PROD with NOTICES
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Dalmine will be
zero; (2) for merchandise exported by
producers or exporters not covered in
this administrative review but covered
in a prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review or the
original less-than-fair-value (LTFV)
investigation, but the producer is, the
cash deposit rate will be the rate
established for the most recentlycompleted segment of this proceeding
for the producer of the subject
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 47.87 percent,8 the
6 See Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8103, 8103
(February 14, 2012).
7 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
8 See Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from the People’s Republic
of China, the Federal Republic of Germany, India,
Italy, the Republic of Korea, and Switzerland:
Antidumping Duty Orders; and Amended Final
Determinations of Sales at Less Than Fair Value for
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17:32 Jan 09, 2023
Jkt 259001
all-others rate established in the LTFV
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
Administrative Protective Order
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/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 this
notice 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, 2023.
Lisa W. Wang,
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: Dalmine’s Reported Surface
Finishing Costs
Comment 2: Major Inputs
Comment 3: Cutting Costs Included in
Total Cost of Manufacturing (TOTCOM)
Comment 4: Home Market Billing
Adjustments and Sales
Comment 5: Indirect Selling Expenses
Comment 6: U.S. Selling Expenses
Comment 7: Currency Conversion
the People’s Republic of China and Switzerland, 83
FR 26962 (June 11, 2018).
Frm 00015
Fmt 4703
Sfmt 4703
VI. Recommendation
[FR Doc. 2023–00309 Filed 1–9–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
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 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.
PO 00000
1359
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 Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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
during the period of review (POR), June
1, 2020, through May 31, 2021.
Additionally, we find that Tainai and
Zhejiang Jingli Bearing Technology Co.,
Ltd. (Jingli) have each demonstrated that
they are eligible for a separate rate.
DATES: Applicable January 10, 2023.
FOR FURTHER INFORMATION CONTACT: Alex
Wood or Andrew Hart, 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) 482–1959 or (202) 482–1058.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce published the Preliminary
Results 1 on July 8, 2022.2 Subsequent to
the Preliminary Results, we received
briefs from Tainai and the Timken
Company (the petitioner).3 On
September 30, 2022, in accordance with
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act), Commerce
extended the deadline for issuing these
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 in 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) (collectively, Order).
2 See Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, from the People’s
Republic of China: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative
Review; 2020–2021, 87 FR 40792 (July 8, 2022)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
3 See Tainai’s Letter, ‘‘Case Brief,’’ dated August
15, 2022; and Petitioner’s Letter, ‘‘Rebuttal Brief,’’
dated August 23, 2022.
E:\FR\FM\10JAN1.SGM
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Federal Register / Vol. 88, No. 6 / Tuesday, January 10, 2023 / Notices
final results until January 4, 2023.4 For
a complete description of the events that
occurred since the Preliminary Results,
see the Issues and Decision
Memorandum.5
Scope of the Order
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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.
rate assigned to the non-examined,
separate-rate respondent.6
Non-Examined Separate Rate
Respondent
In the Preliminary Results, we
determined that Jingli demonstrated its
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 this determination.
Therefore, for these final results, we
continue to find that Jingli is eligible for
a separate rate.
Final Results of Review
For the companies subject to this
review that established their eligibility
for a separate rate, Commerce
determines that the following weightedaverage dumping margins exist for the
period June 1, 2020, through May 31,
2021:
C&U Group, C&U Automotive, C&U
Metallurgy, Hebei Xintai, Huangshi
C&U, Sichuan C&U, and XTL are not
eligible for a separate rate and are,
therefore, 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.8 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).9
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.10 Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
Weighted- publication of the final results of this
average
review in the Federal Register.11 If a
Exporter
dumping
timely
summons is filed at the U.S.
margin
Court of International Trade, the
(percent)
assessment instructions will direct CBP
Shanghai Tainai Bearing Co.,
not to liquidate relevant entries until the
Ltd ...........................................
36.03 time for parties to file a request for a
Analysis of Comments Received
Zhejiang Jingli Bearing Techstatutory injunction has expired (i.e.,
nology Co., Ltd ........................
36.03 within 90 days of publication).12
All issues raised in interested parties’
For Tainai, Commerce will calculate
briefs are addressed in the Issues and
Disclosure
importer-specific assessment rates for
Decision Memorandum. A list of the
Normally, Commerce will disclose the antidumping duties, in accordance with
issues raised by interested parties and to
19 CFR 351.212(b)(1). Where the
calculations performed in connection
which we responded in the Issues and
respondent reported reliable entered
with the final results of review within
Decision Memorandum is provided in
values, Commerce intends to calculate
five days of the date of publication of
the appendix to this notice. The Issues
the final results in the Federal Register, importer-specific ad valorem
and Decision Memorandum is a public
assessment rates by aggregating the
in accordance with 19 CFR 351.224(b).
document and on file electronically via
amount of dumping calculated for all
However, because Commerce made no
Enforcement and Compliance’s
U.S. sales to the importer and dividing
adjustments
to
the
margin
calculation
Antidumping and Countervailing Duty
this amount by the total entered value
methodology used in the Preliminary
Centralized Electronic Service System
of the merchandise sold to the
Results,
there
are
no
calculations
to
(ACCESS). ACCESS is available to
importer.13 Where the respondent did
disclose for these final results.
registered users at https://
not report entered values, Commerce
access.trade.gov. In addition, a complete
China-Wide Entity
will calculate importer-specific
version of the Issues and Decision
In
the
Preliminary
Results,
we
found
Memorandum can be accessed directly
8 See Antidumping Proceedings: Announcement
that C&U Group Shanghai Bearing Co.,
at https://access.trade.gov/public/
of Change in Department Practice for Respondent
Ltd.
(C&U
Group);
Hangzhou
C&U
FRNoticesListLayout.aspx.
Selection in Antidumping Duty Proceedings and
Automotive Bearing Co., Ltd. (C&U
Conditional Review of the Nonmarket Economy
Changes Since the Preliminary Results
Automotive); Hangzhou C&U Metallurgy Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
Bearing Co., Ltd. (C&U Metallurgy);
Based on our review of the record and
9 See Tapered Roller Bearings and Parts Thereof,
Hebei Xintai Bearing Forging Co., Ltd.
Finished and Unfinished, from the People’s
comments received from interested
(Hebei Xintai); Huangshi C&U Bearing
Republic of China: Final Results of Antidumping
parties regarding our Preliminary
Co., Ltd. (Huangshi C&U); Sichuan C&U Duty Administrative Review, 74 FR 3987, 3989
Results, we made no changes to the
(January 22, 2009).
Bearing Co., Ltd. (Sichuan C&U); and
margin calculations for Tainai or the
10 See 19 CFR 351.212(b)(1).
Xinchang Newsun Xintianlong
11 See Notice of Discontinuation of Policy to Issue
Precision Bearing Manufacturing Co.,
4 See Memorandum, ‘‘Extension of Deadline for
Liquidation Instructions After 15 Days in
Ltd. (XTL) failed to rebut de facto and
Applicable Antidumping and Countervailing Duty
Final Results of Antidumping Duty Administrative
de jure control by the Government of
Administrative Proceedings, 86 FR 3995 (January
Review,’’ dated September 30, 2022.
7
15, 2021).
5 See Memorandum, ‘‘Decision Memorandum for
China. We received no comments on
12 See Antidumping Proceedings: Calculation of
the Final Results of the 2020–2021 Administrative
this decision for these final results.
the Weighted Average Dumping Margin and
Review of the Antidumping Duty Order on Tapered
Accordingly, we continue to find that
Assessment Rate in Certain Antidumping
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).
VerDate Sep<11>2014
17:32 Jan 09, 2023
Jkt 259001
6 Id.
7 See
PO 00000
Preliminary Results PDM at 10–11.
Frm 00016
Fmt 4703
Sfmt 4703
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
13 See 19 CFR 351.212(b)(1).
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Federal Register / Vol. 88, No. 6 / Tuesday, January 10, 2023 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
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.14
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 Jingli, we will direct CBP to assess
antidumping duties at a rate equal to the
weighted-average dumping margin
determined in these final results.
Commerce determined that C&U
Group, C&U Automotive, C&U
Metallurgy, Hebei Xintai, Huangshi
C&U, Sichuan C&U, and XTL did not
qualify for a separate rate. Therefore, we
will instruct CBP to assess antidumping
duties on these entities’ entries of
subject merchandise at 92.84 percent,
the established weighted-average
dumping margin for the China-wide
entity.
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
Chinese and non-Chinese 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 Chinese
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 nonChinese exporters of subject
14 Id.
VerDate Sep<11>2014
17:32 Jan 09, 2023
Jkt 259001
merchandise that have not received
their own separate rate, the cash deposit
rate will be the rate applicable to the
Chinese exporter that supplied that nonChinese exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
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 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 Order
This notice also serves as a final
reminder to parties subject to an
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)(2).
Dated: January 4, 2023.
Lisa W. Wang,
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. Discussion of the Issues
Comment 1: Application of Partial Adverse
Facts Available (AFA) to Tainai
Comment 2: Romanian Surrogate Financial
Ratios
Comment 3: Applicability of Surrogate
Financial Ratios
Comment 4: Deduction of Section 301
Duties
Comment 5: Capping Section 301 Duty
Payments
Comment 6: By-Product Offset
PO 00000
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1361
V. Recommendation
[FR Doc. 2023–00303 Filed 1–9–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC627]
Western Pacific Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
The Western Pacific Fishery
Management Council (Council) will
hold a meeting of its Archipelagic Plan
Team (APT) to discuss fishery
management issues and develop
recommendations for future
management of fisheries in the Western
Pacific Region.
DATES: The APT will meet on
Wednesday, January 25, 2023, between
11 a.m. and 5 p.m., Hawaii Standard
Time (HST). For specific times and
agendas, see SUPPLEMENTARY
INFORMATION.
SUMMARY:
The meeting will be held by
web conference via WebEx. Audio and
visual portions for Archipelagic Plan
Team meeting can be accessed at:
https://wprfmc.webex.com/wprfmc/
j.php?MTID=m4526329fde8fc
45d62fe330b8d997f1. Web conference
access information and instructions for
providing public comments will be
posted on the Council website at
www.wpcouncil.org. For assistance with
the web conference connection, contact
the Council office at (808) 552–8220.
FOR FURTHER INFORMATION CONTACT:
Kitty M. Simonds, Executive Director,
Western Pacific Fishery Management
Council; phone: (808) 522–8220 (voice)
or (808) 522–8226 (fax).
SUPPLEMENTARY INFORMATION: The APT
meeting will be held on January 25,
2023, from 11 a.m. to 5 p.m., Hawaii
Standard Time (HST) (10 to 4 p.m.,
Samoa Standard Time (SST); 7 a.m. to
1 p.m. on January 26, 2023, Chamorro
Standard Time (ChST)). Opportunities
to present oral public comment will be
provided on the agenda. The order of
the agenda may change, and will be
announced in advance at the meeting.
The meeting may run past the
scheduled times noted above to
complete scheduled business.
ADDRESSES:
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]]>Agencies
[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1359-1361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00303]
-----------------------------------------------------------------------
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
Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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 during the period
of review (POR), June 1, 2020, through May 31, 2021. Additionally, we
find that Tainai and Zhejiang Jingli Bearing Technology Co., Ltd.
(Jingli) have each demonstrated that they are eligible for a separate
rate.
DATES: Applicable January 10, 2023.
FOR FURTHER INFORMATION CONTACT: Alex Wood or Andrew Hart, 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) 482-1959 or (202) 482-1058.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results \1\ on July 8, 2022.\2\
Subsequent to the Preliminary Results, we received briefs from Tainai
and the Timken Company (the petitioner).\3\ On September 30, 2022, in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), Commerce extended the deadline for issuing these
[[Page 1360]]
final results until January 4, 2023.\4\ For a complete description of
the events that occurred since the Preliminary Results, see the Issues
and Decision Memorandum.\5\
---------------------------------------------------------------------------
\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 in 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) (collectively, Order).
\2\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, from the People's Republic of China: Preliminary Results
and Partial Rescission of Antidumping Duty Administrative Review;
2020-2021, 87 FR 40792 (July 8, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\3\ See Tainai's Letter, ``Case Brief,'' dated August 15, 2022;
and Petitioner's Letter, ``Rebuttal Brief,'' dated August 23, 2022.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated September 30, 2022.
\5\ See Memorandum, ``Decision Memorandum for the Final Results
of the 2020-2021 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 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.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, we made no
changes to the margin calculations for Tainai or the rate assigned to
the non-examined, separate-rate respondent.\6\
---------------------------------------------------------------------------
\6\ Id.
---------------------------------------------------------------------------
Non-Examined Separate Rate Respondent
In the Preliminary Results, we determined that Jingli demonstrated
its 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 this determination. Therefore, for these
final results, we continue to find that Jingli is eligible for a
separate rate.
Final Results of 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, 2020,
through May 31, 2021:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Shanghai Tainai Bearing Co., Ltd............................ 36.03
Zhejiang Jingli Bearing Technology Co., Ltd................. 36.03
------------------------------------------------------------------------
Disclosure
Normally, Commerce will disclose the calculations performed in
connection with the final results of review within five days of the
date of publication of the final results in the Federal Register, in
accordance with 19 CFR 351.224(b). However, because Commerce made no
adjustments to the margin calculation methodology used in the
Preliminary Results, there are no calculations to disclose for these
final results.
China-Wide Entity
In the Preliminary Results, we found that C&U Group Shanghai
Bearing Co., Ltd. (C&U Group); Hangzhou C&U Automotive Bearing Co.,
Ltd. (C&U Automotive); Hangzhou C&U Metallurgy Bearing Co., Ltd. (C&U
Metallurgy); Hebei Xintai Bearing Forging Co., Ltd. (Hebei Xintai);
Huangshi C&U Bearing Co., Ltd. (Huangshi C&U); Sichuan C&U Bearing Co.,
Ltd. (Sichuan C&U); and Xinchang Newsun Xintianlong Precision Bearing
Manufacturing Co., Ltd. (XTL) failed to rebut de facto and de jure
control by the Government of China.\7\ We received no comments on this
decision for these final results. Accordingly, we continue to find that
C&U Group, C&U Automotive, C&U Metallurgy, Hebei Xintai, Huangshi C&U,
Sichuan C&U, and XTL are not eligible for a separate rate and are,
therefore, part of the China-wide entity.
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\7\ See Preliminary Results PDM at 10-11.
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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.\8\ 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).\9\
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\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 (November 4, 2013).
\9\ 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.\10\ 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.\11\ 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).\12\
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\10\ See 19 CFR 351.212(b)(1).
\11\ 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).
\12\ 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).
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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.\13\ Where the respondent did not
report entered values, Commerce will calculate importer-specific
[[Page 1361]]
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.\14\ 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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\13\ See 19 CFR 351.212(b)(1).
\14\ Id.
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For Jingli, we will direct CBP to assess antidumping duties at a
rate equal to the weighted-average dumping margin determined in these
final results.
Commerce determined that C&U Group, C&U Automotive, C&U Metallurgy,
Hebei Xintai, Huangshi C&U, Sichuan C&U, and XTL did not qualify for a
separate rate. Therefore, we will instruct CBP to assess antidumping
duties on these entities' entries of subject merchandise at 92.84
percent, the established weighted-average dumping margin for the China-
wide entity.
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 Chinese and non-Chinese
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 Chinese
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-Chinese
exporters of subject merchandise that have not received their own
separate rate, the cash deposit rate will be the rate applicable to the
Chinese exporter that supplied that non-Chinese exporter.
These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
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 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 Order
This notice also serves as a final reminder to parties subject to
an 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)(2).
Dated: January 4, 2023.
Lisa W. Wang,
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. Discussion of the Issues
Comment 1: Application of Partial Adverse Facts Available (AFA)
to Tainai
Comment 2: Romanian Surrogate Financial Ratios
Comment 3: Applicability of Surrogate Financial Ratios
Comment 4: Deduction of Section 301 Duties
Comment 5: Capping Section 301 Duty Payments
Comment 6: By-Product Offset
V. Recommendation
[FR Doc. 2023-00303 Filed 1-9-23; 8:45 am]
BILLING CODE 3510-DS-P
