Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2021-2022, 1548-1550 [2024-00304]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Notices]
[Pages 1548-1550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00304]


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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 of 
Antidumping Duty Administrative Review; 2021-2022

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 (NV) during the 
period of review (POR), June 1, 2021, through May 31, 2022.

DATES: Applicable January 10, 2024.

FOR FURTHER INFORMATION CONTACT: Jerry Xiao, 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) 482-2273.

SUPPLEMENTARY INFORMATION:

Background

    On July 7, 2023, Commerce published in the Federal Register the 
Preliminary Results \1\ of the 2021-2022 administrative review of the 
antidumping duty (AD) order on TRBs from China \2\ and invited 
interested parties to comment.\3\ Subsequent to the Preliminary 
Results, we received a case brief from Tainai and a rebuttal brief from 
the Timken Company (the petitioner).\4\ On October 6, 2023, 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 
final results until January 3, 2024.\5\ For a complete description of 
the events that occurred since the Preliminary Results, see the Issues 
and Decision Memorandum.\6\
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    \1\ 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; 
2021-2022, 88 FR 43290 (July 7, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See 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).
    \3\ See Preliminary Results, 88 FR at 43290.
    \4\ See Tainai's Letter, ``Case Brief,'' dated August 7, 2023; 
and Petitioner's Letter, ``Rebuttal Brief,'' dated August 14, 2023.
    \5\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated October 6, 2023.
    \6\ See Memorandum, ``Decision Memorandum for the Final Results 
of the 2021-2022 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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Scope of the Order

    The merchandise covered by the Order is tapered roller bearings and 
parts thereof, finished and unfinished, from China. A full description 
of the scope of the Order is contained in the Issues and Decision 
Memorandum.\7\
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    \7\ Id.
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Analysis of Comments Received

    All issues raised in case and rebuttal briefs filed by parties in 
this administrative review are addressed in the Issues and Decision 
Memorandum and are listed 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, and for the 
reasons explained in the Issues and Decision Memorandum, we made 
certain changes to the margin calculations for Tainai and updated the 
rate assigned to the non-examined, separate-rate respondent, Zhejiang 
Jingli Bearing Technology Co., Ltd. (Jingli).\8\
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    \8\ Id.
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Rate for Non-Examined Separate Rate Respondent

    In the Preliminary Results, we determined that Jingli demonstrated 
its eligibility for a separate rate. We did not receive any 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.
    The statute and our regulations do not address the establishment of 
a rate to be

[[Page 1549]]

assigned to respondents not selected for individual examination when we 
limit our examination of companies subject to the administrative review 
pursuant to section 777A(c)(2)(B) of the Act. Generally, we look to 
section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in an investigation, for guidance when 
calculating the rate for respondents not individually examined in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of 
the estimated weighted average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .'' Accordingly, in the final results of 
review, we are assigning to Jingli, the estimated weighted-average 
margin calculated for Tainai, the sole mandatory respondent in this 
review.

Final Results of Review

    For the companies subject to this review that established their 
eligibility for a separate rate, Commerce determines that the following 
estimated weighted-average dumping margins exist for the period June 1, 
2021, through May 31, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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Shanghai Tainai Bearing Co., Ltd............................       24.78
Zhejiang Jingli Bearing Technology Co., Ltd.................       24.78
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results of review to interested parties 
within five days after public announcement of the final results or, if 
there is no public announcement, within five days of the date of 
publication of the notice of final results in the Federal Register, 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), Hangzhou C&U Automotive Bearing Co., 
Ltd. (C&U Automotive), Hangzhou C&U Metallurgy Bearing Co., Ltd. (C&U 
Metallurgy), Huangshi C&U Bearing Co., Ltd. (Huangshi C&U), and Sichuan 
C&U Bearing Co., Ltd. (Sichuan C&U) failed to rebut de facto and de 
jure control by the Government of China.\9\ 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, Huangshi C&U, and 
Sichuan C&U are not eligible for a separate rate and are, therefore, 
part of the China-wide entity.
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    \9\ See Preliminary Results PDM at 9-11.
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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.\10\ 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).\11\
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    \10\ 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).
    \11\ 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

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 
351.212(b)(1), Commerce intends to determine, and U.S. Customs and 
Border Protections (CBP) shall assess, antidumping duties on all 
appropriate entries of subject merchandise in accordance with the final 
results of this review.
    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.\12\ 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.\13\ 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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    \12\ See 19 CFR 351.212(b)(1).
    \13\ Id.
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    For Jingli, the non-selected separate rate respondent, we will 
direct CBP to assess antidumping duties at a rate equal to the 
weighted-average dumping margin determined for Tainai in these final 
results.
    Commerce determined that C&U Group, C&U Automotive, C&U Metallurgy, 
Huangshi C&U, and Sichuan C&U did not qualify for a separate rate. 
Therefore, we will instruct CBP to assess antidumping duties on entries 
of subject merchandise from these entities 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 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 the companies 
subject to this review will be the rate 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; \14\ 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.
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    \14\ See Order.
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    These deposit requirements, when imposed, shall remain in effect 
until further notice.

[[Page 1550]]

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 violation subject to sanction.

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 3, 2024.
Abdelali Elouaradia,
Deputy 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 to 
Tainai
    Comment 2: Deduction of Section 301 Duties
    Comment 3: Capping Section 301 Duty Payments
    Comment 4: Differential Pricing Analysis
V. Recommendation

[FR Doc. 2024-00304 Filed 1-9-24; 8:45 am]
BILLING CODE 3510-DS-P