Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Preliminary Determination of No Shipments and Rescission of Antidumping Duty Administrative Review, in Part; 2022-2023, 35792-35794 [2024-09588]
Download as PDF
35792
Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices
rate calculated in the final results is zero
or de minimis, no cash deposit will be
required. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
instructions, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to interested parties within five days of
the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 30 days after
the date of publication of these
preliminary results of review in the
Federal Register.13 Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed not later than five
days after the deadline for filing case
briefs.14 Interested parties who submit
case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
contents listing each issue; and (2) a
table of authorities.15
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.16 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the issues and
decision memorandum that will
accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
khammond on DSKJM1Z7X2PROD with NOTICES
13 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
15 See 19 CFR 351.309(c)(2) and (d)(2).
16 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
14 See
VerDate Sep<11>2014
17:14 May 01, 2024
Jkt 262001
requirements pertaining to the service of
documents in 19 CFR 351.303(f).17
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce, filed electronically via
ACCESS. An electronically-filed request
must be received successfully, and in its
entirety, by ACCESS within 30 days
after the date of publication of this
notice. Requests should contain: (1) the
party’s name, address, and telephone
number; (2) the number of participants;
and (3) a list of issues to be discussed.
Issues raised in the hearing will be
limited to those raised in the respective
case briefs. All submissions, including
case and rebuttal briefs, as well as
hearing requests, should be filed using
ACCESS.18 An electronically-filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline.
Final Results
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2),
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised by the parties in any
written briefs, no later than 120 days
after the date of publication of these
preliminary results.
Notification to Interested Parties
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213 and 351.221(b)(4).
Dated: April 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
X. Analysis of Programs
XI. Recommendation
Appendix II
Companies Rescinded From the Review
1. Aluminum Corporation of China Limited
2. Dong-IL Aluminium Co., Ltd.
3. Dongwon Systems Corp.
4. Eastern Valley Co. Ltd.
5. Henan Mingtai Al. Industrial
6. Lotte Aluminium Co., Ltd.
7. SAM–A Aluminum Co., Ltd.
8. Sankyu-Thai Co., Ltd.
9. Shandong Nanshan Aluminium Co., Ltd.
10. Shanghai Sunho Aluminum Foil Co., Ltd.
11. Zhejiang Yongjie Aluminum Co., Ltd.
Appendix III
Non-Selected Companies Under Review
1. Alcha International Holdings Limited
2. Baotou Alcha Aluminum Co., Ltd.
3. Dingheng New Materials Co., Ltd.
4. Gra¨nges Aluminum (Shanghai) Co., Ltd.
5. Guangxi Baise Xinghe Aluminum Industry
Co., Ltd.
6. Hunan Suntown Marketing Limited
7. Jiangyin Dolphin Pack Ltd. Co.
8. Luoyang Longding Aluminium Industries
Co., Ltd.
9. Shandong Yuanrui Metal Material Co., Ltd.
10. Shanghai Huafon Aluminium
Corporation
11. Shanghai Shenhuo Aluminium Foil Co.,
Ltd.
12. Shanghai Shenyan Packaging Materials
Co., Ltd.
13. SNTO International Trade Limited
14. Suntown Technology Group Corporation
Limited
15. Thai Ding Li New Materials Co., Ltd.
16. Xiamen Xiashun Aluminium Foil Co.,
Ltd.
17. Yangtai Jintai International Trade Co.,
Ltd.
18. Yantai Donghai Aluminum Co., Ltd.
19. Yinbang Clad Material Co., Ltd.
20. Zhejiang Zhongjin Aluminum Industry
Co., Ltd.
[FR Doc. 2024–09587 Filed 5–1–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Appendix I
International Trade Administration
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Rescission of Administrative Review, in
Part
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Diversification of China’s Economy
VII. Subsidies Valuation
VIII. Interest Rate Benchmarks, Discount
Rates, and Benchmarks for Measuring
the Adequacy of Remuneration
IX. Use of Facts Otherwise Available and
Adverse Inferences
[A–570–601]
17 See
18 See
PO 00000
APO and Service Final Rule.
19 CFR 351.303.
Frm 00020
Fmt 4703
Sfmt 4703
Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished,
From the People’s Republic of China:
Preliminary Determination of No
Shipments and Rescission of
Antidumping Duty Administrative
Review, in Part; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is rescinding, in
part, the administrative review of the
antidumping duty (AD) order on tapered
AGENCY:
E:\FR\FM\02MYN1.SGM
02MYN1
Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices
toller bearings and parts thereof,
finished and unfinished (TRBs) from the
People’s Republic of China (China) for
the period of review (POR) June 1, 2022,
through May 31, 2023. Further,
Commerce preliminarily finds that
Shanghai Tainai Bearing Co., Ltd.
(Tainai) had no shipments during the
POR.
DATES: Applicable May 2, 2024.
FOR FURTHER INFORMATION CONTACT:
Steven Seifert, 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) 482–3350.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
Background
On February 26, 1990, Commerce
published in the Federal Register the
AD order on TRBs from China.1 On June
1, 2023, Commerce published in the
Federal Register a notice of opportunity
to request an administrative review of
the Order.2 On June 30, 2023, Koyo
Bearings North America LLC (Koyo, a
domestic interested party) submitted a
timely request that Commerce conduct
an administrative review of the Order
with respect to Tainai, C&U Group
Shanghai Bearing Co., Ltd., Hangzhou
C&U Automotive Bearing Co., Ltd.,
Hangzhou C&U Metallurgy Bearing Co.,
Ltd., Huangshi C&U Bearing Co., Ltd.,
and Sichuan C&U Bearing Co., Ltd.3
Also on June 30, 2023, Tainai submitted
a timely request that Commerce conduct
an administrative review of the Order of
its entries of subject merchandise during
the POR.4
On August 3, 2023, Commerce
published in the Federal Register a
notice of initiation of administrative
review with respect to entries of TRBs
from China exported or produced by
Tainai, C&U Group Shanghai Bearing
Co., Ltd., Hangzhou C&U Automotive
Bearing Co., Ltd., Hangzhou C&U
Metallurgy Bearing Co., Ltd., Huangshi
1 See 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) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 35837 (June 1, 2023).
3 See Petitioner’s Letter, ‘‘Koyo Bearings North
America LLC’s Request for Administrative Review,’’
dated June 30, 2023.
4 See Tainai’s Letter, ‘‘Request for Review,’’ dated
June 30, 2023. On June 30, 2023, Changshan Peer
Bearing Co., Ltd. (CPZ, a Chinese producer and
exporter), requested a review of itself and
subsequently, timely withdrew its request prior to
the publication of the Initiation Notice, such that
we did not include CPZ in the Initiation Notice.
VerDate Sep<11>2014
17:14 May 01, 2024
Jkt 262001
C&U Bearing Co., Ltd., and Sichuan
C&U Bearing Co., Ltd., in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.221(c)(1)(i).5
On August 3, 2023, we placed on the
record U.S. Customs and Border
Protection (CBP) data for entries of TRBs
from China during the POR, showing
one suspended entry during the POR
and invited interested parties to
comment.6 On August 10, 2023, JTEKT
Bearings North America LLC. (JTEKT, a
domestic interested party) submitted
comments regarding the CBP data.7
Tainai timely withdrew its request for a
review of itself on August 10, 2023 8 and
on August 24, 2023, timely submitted a
certification of no shipments.9 On
February 27, 2024, Commerce extended
the preliminary results of this review
until April 30, 2024.10
On April 4, 2024, Commerce notified
all interested parties of its intent to
rescind the instant review in full
because there were no suspended
entries of subject merchandise during
the POR and invited interested parties
to comment.11 No interested party
submitted comments to Commerce in
response to this notice. Subsequently,
on April 22, 2024, Commerce issued a
memorandum 12 correcting an error in
its Intent to Rescind Memorandum in
which it incorrectly stated that it
intended to rescind the review in full
when it intended to rescind the review
in part, with respect to five of the six
companies listed in the Initiation
Notice. No party submitted comments
regarding the Correction to Intent to
Rescind Memorandum.
5 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
51271 (August 3, 2023).
6 See Memorandum, ‘‘Release of U.S. Customs
and Border Protection Entry Data,’’ dated August 3,
2023.
7 See JKEKT’s Letter, ‘‘JTEKT Bearings North
America LLC’s Comments on CBP Data Release,’’
dated August 10, 2023. JKEKT noted that ‘‘Koyo
Bearings North America LLC officially changed its
legal name to JTEKT Bearings North America LLC
on April 1, 2023. The entry of appearance and APO
application filed on behalf of our firm has been
amended to reflect this change.’’
8 See Tainai’s Letter, ‘‘Withdraw Request for
Review,’’ dated August 10, 2023.
9 See Tainai’s Letter, ‘‘No Shipment
Certification,’’ dated August 24, 2023.
10 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated February 27, 2024.
11 See Memorandum, ‘‘Notice of Intent to Rescind
Review,’’ dated April 4, 2024 (Intent to Rescind
Memorandum).
12 See Memorandum, ‘‘Correction on Companies
to Rescind Regarding Intent to Rescind
Memorandum,’’ dated April 22, 2024 (Correction to
Intent to Rescind Memorandum).
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
35793
Scope of the Order
Imports covered by the Order are
shipments of 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,
8708.700.6060, 8708.99.2300,
8708.99.27, 8708.99.4100, 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.
Rescission of Review, In Part
Pursuant to 19 CFR 351.213(d)(3), it is
Commerce’s practice to rescind an
administrative review of an AD order
when there are no suspended entries of
subject merchandise during the POR.13
Normally, upon completion of an
administrative review, the suspended
entries are liquidated at the AD
assessment rate calculated for the
review period.14 Therefore, for an
administrative review to be conducted,
there must be a suspended entry that
Commerce can instruct CBP to liquidate
at the AD assessment rate calculated for
the review period.15
As noted above, there were no
suspended entries of subject
merchandise for five exporters subject to
the review, C&U Group Shanghai
Bearing Co., Ltd., Hangzhou C&U
Automotive Bearing Co., Ltd., Hangzhou
C&U Metallurgy Bearing Co., Ltd.,
Huangshi C&U Bearing Co., Ltd., and
Sichuan C&U Bearing Co., Ltd. during
the POR. Accordingly, in the absence of
suspended entries of subject
merchandise during the POR for these
companies for which this review was
initiated, we are hereby rescinding this
administrative review, in part, with
respect to these companies, in
accordance with 19 CFR 351.213(d)(3).
13 See, e.g., Dioctyl Terephthalate from the
Republic of Korea: Rescission of Antidumping
Administrative Review; 2021–2022, 88 FR 24758
(April 24, 2023); see also Certain Carbon and Alloy
Steel Cut-to-Length Plate from the Federal Republic
of Germany: Recission of Antidumping
Administrative Review; 2020–2021, 88 FR 4157
(January 24, 2023).
14 See 19 CFR 351.212(b)(1).
15 See 19 CFR 351.213(d)(3).
E:\FR\FM\02MYN1.SGM
02MYN1
35794
Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices
Preliminary Determination of No
Shipments
Tanai, an exporter that received a
separate rate in a previous segment of
the proceeding and is subject to this
review, reported that it had no
shipments of subject merchandise
during the POR. We requested that CBP
report any contrary information. CBP
reported that an entry was made under
the CBP 10-digit case number for Tainai,
i.e., the importer of record entered the
shipment pursuant to Tainai’s cash
deposit requirement, but the
information for the suspended entry
identifies a different manufacturer and
exporter for that merchandise.16
Therefore, based on our analysis of
information from CBP and the
certification provided by Tainai, we
preliminarily determine that Tanai
made no shipments of subject
merchandise to the United States during
the POR. Further, consistent with
Commerce’s practice, we find that it is
not appropriate to rescind the review
with respect to Tanai, but rather to
complete the review and issue
appropriate assessment instructions to
CBP based on the final results of
review.17
Assessment
khammond on DSKJM1Z7X2PROD with NOTICES
For the companies for which this
review is being rescinded, in part,
Commerce will instruct CBP to assess
antidumping duties on all appropriate
entries. Antidumping duties shall be
assessed at rates equal to the cash
deposit rate for estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). With respect to the
recission of this review, in part,
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of this
notice in the Federal Register.
When Commerce determines that an
exporter under review made no
shipments of subject merchandise
during the POR, upon issuing the final
results, Commerce will instruct CBP to
liquidate any suspended entries of
subject merchandise that entered under
that exporter’s cash deposit
requirement, i.e., under the exporter’s
CBP case number, during the POR at the
16 See Memorandum, ‘‘No Shipment Inquiry for
Shanghai Tainai Bearings Co., Ltd. (A–570–601)
during the period 06/01/2022 through 05/31/2023,’’
dated October 18, 2023.
17 See, e.g., Certain Steel Threaded Rod from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018–
2019, 84 FR 71900 (December 30, 2019).
VerDate Sep<11>2014
17:14 May 01, 2024
Jkt 262001
weighted-average dumping margin for
the China-wide entity.18
With respect to Tainai, 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 Rates
As a result of this administrative
review, Commerce does not intend to
revise the cash deposit requirements for
estimated antidumping duties for
entries subject to the Order.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of 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
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4) and 351.221(b)(4).
Dated: April 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–09588 Filed 5–1–24; 8:45 am]
BILLING CODE 3510–DS–P
18 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[C–821–825]
Phosphate Fertilizers from the Russian
Federation: Preliminary Results and
Partial Rescission of the
Countervailing Duty Administrative
Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of phosphate
fertilizers from the Russian Federation
(Russia). The period of review (POR) is
January 1, 2022, through December 31,
2022.
DATES: Applicable May 2, 2024.
FOR FURTHER INFORMATION CONTACT:
Shane Subler or William Horn, 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) 482–6241 and (202) 482–4868,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On June 12, 2023, Commerce
published a notice of initiation of an
administrative review of the
countervailing duty (CVD) order on
phosphate fertilizers from Russia.1 On
November 27, 2023, Commerce
extended the deadline for the
preliminary results of this review until
April 26, 2024.2
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as the
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
38021 (June 12, 2023) (Initiation Notice).
2 See Memorandum, ‘‘Extension of Deadline for
the Preliminary Results of the 2022 Countervailing
Duty Administrative Review,’’ dated November 27,
2023.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results and Partial Rescission of
the Countervailing Duty Administrative Review;
2022: Phosphate Fertilizers from the Russian
Federation,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
E:\FR\FM\02MYN1.SGM
02MYN1
Agencies
[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35792-35794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09588]
-----------------------------------------------------------------------
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: Preliminary
Determination of No Shipments and Rescission of Antidumping Duty
Administrative Review, in Part; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding, in
part, the administrative review of the antidumping duty (AD) order on
tapered
[[Page 35793]]
toller bearings and parts thereof, finished and unfinished (TRBs) from
the People's Republic of China (China) for the period of review (POR)
June 1, 2022, through May 31, 2023. Further, Commerce preliminarily
finds that Shanghai Tainai Bearing Co., Ltd. (Tainai) had no shipments
during the POR.
DATES: Applicable May 2, 2024.
FOR FURTHER INFORMATION CONTACT: Steven Seifert, 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) 482-3350.
SUPPLEMENTARY INFORMATION:
Background
On February 26, 1990, Commerce published in the Federal Register
the AD order on TRBs from China.\1\ On June 1, 2023, Commerce published
in the Federal Register a notice of opportunity to request an
administrative review of the Order.\2\ On June 30, 2023, Koyo Bearings
North America LLC (Koyo, a domestic interested party) submitted a
timely request that Commerce conduct an administrative review of the
Order with respect to Tainai, C&U Group Shanghai Bearing Co., Ltd.,
Hangzhou C&U Automotive Bearing Co., Ltd., Hangzhou C&U Metallurgy
Bearing Co., Ltd., Huangshi C&U Bearing Co., Ltd., and Sichuan C&U
Bearing Co., Ltd.\3\ Also on June 30, 2023, Tainai submitted a timely
request that Commerce conduct an administrative review of the Order of
its entries of subject merchandise during the POR.\4\
---------------------------------------------------------------------------
\1\ See 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) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 35837 (June 1,
2023).
\3\ See Petitioner's Letter, ``Koyo Bearings North America LLC's
Request for Administrative Review,'' dated June 30, 2023.
\4\ See Tainai's Letter, ``Request for Review,'' dated June 30,
2023. On June 30, 2023, Changshan Peer Bearing Co., Ltd. (CPZ, a
Chinese producer and exporter), requested a review of itself and
subsequently, timely withdrew its request prior to the publication
of the Initiation Notice, such that we did not include CPZ in the
Initiation Notice.
---------------------------------------------------------------------------
On August 3, 2023, Commerce published in the Federal Register a
notice of initiation of administrative review with respect to entries
of TRBs from China exported or produced by Tainai, C&U Group Shanghai
Bearing Co., Ltd., Hangzhou C&U Automotive Bearing Co., Ltd., Hangzhou
C&U Metallurgy Bearing Co., Ltd., Huangshi C&U Bearing Co., Ltd., and
Sichuan C&U Bearing Co., Ltd., in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR
351.221(c)(1)(i).\5\
---------------------------------------------------------------------------
\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 51271 (August 3, 2023).
---------------------------------------------------------------------------
On August 3, 2023, we placed on the record U.S. Customs and Border
Protection (CBP) data for entries of TRBs from China during the POR,
showing one suspended entry during the POR and invited interested
parties to comment.\6\ On August 10, 2023, JTEKT Bearings North America
LLC. (JTEKT, a domestic interested party) submitted comments regarding
the CBP data.\7\ Tainai timely withdrew its request for a review of
itself on August 10, 2023 \8\ and on August 24, 2023, timely submitted
a certification of no shipments.\9\ On February 27, 2024, Commerce
extended the preliminary results of this review until April 30,
2024.\10\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated August 3, 2023.
\7\ See JKEKT's Letter, ``JTEKT Bearings North America LLC's
Comments on CBP Data Release,'' dated August 10, 2023. JKEKT noted
that ``Koyo Bearings North America LLC officially changed its legal
name to JTEKT Bearings North America LLC on April 1, 2023. The entry
of appearance and APO application filed on behalf of our firm has
been amended to reflect this change.''
\8\ See Tainai's Letter, ``Withdraw Request for Review,'' dated
August 10, 2023.
\9\ See Tainai's Letter, ``No Shipment Certification,'' dated
August 24, 2023.
\10\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated February
27, 2024.
---------------------------------------------------------------------------
On April 4, 2024, Commerce notified all interested parties of its
intent to rescind the instant review in full because there were no
suspended entries of subject merchandise during the POR and invited
interested parties to comment.\11\ No interested party submitted
comments to Commerce in response to this notice. Subsequently, on April
22, 2024, Commerce issued a memorandum \12\ correcting an error in its
Intent to Rescind Memorandum in which it incorrectly stated that it
intended to rescind the review in full when it intended to rescind the
review in part, with respect to five of the six companies listed in the
Initiation Notice. No party submitted comments regarding the Correction
to Intent to Rescind Memorandum.
---------------------------------------------------------------------------
\11\ See Memorandum, ``Notice of Intent to Rescind Review,''
dated April 4, 2024 (Intent to Rescind Memorandum).
\12\ See Memorandum, ``Correction on Companies to Rescind
Regarding Intent to Rescind Memorandum,'' dated April 22, 2024
(Correction to Intent to Rescind Memorandum).
---------------------------------------------------------------------------
Scope of the Order
Imports covered by the Order are shipments of 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,
8708.700.6060, 8708.99.2300, 8708.99.27, 8708.99.4100, 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.
Rescission of Review, In Part
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an AD order when there are no
suspended entries of subject merchandise during the POR.\13\ Normally,
upon completion of an administrative review, the suspended entries are
liquidated at the AD assessment rate calculated for the review
period.\14\ Therefore, for an administrative review to be conducted,
there must be a suspended entry that Commerce can instruct CBP to
liquidate at the AD assessment rate calculated for the review
period.\15\
---------------------------------------------------------------------------
\13\ See, e.g., Dioctyl Terephthalate from the Republic of
Korea: Rescission of Antidumping Administrative Review; 2021-2022,
88 FR 24758 (April 24, 2023); see also Certain Carbon and Alloy
Steel Cut-to-Length Plate from the Federal Republic of Germany:
Recission of Antidumping Administrative Review; 2020-2021, 88 FR
4157 (January 24, 2023).
\14\ See 19 CFR 351.212(b)(1).
\15\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
As noted above, there were no suspended entries of subject
merchandise for five exporters subject to the review, C&U Group
Shanghai Bearing Co., Ltd., Hangzhou C&U Automotive Bearing Co., Ltd.,
Hangzhou C&U Metallurgy Bearing Co., Ltd., Huangshi C&U Bearing Co.,
Ltd., and Sichuan C&U Bearing Co., Ltd. during the POR. Accordingly, in
the absence of suspended entries of subject merchandise during the POR
for these companies for which this review was initiated, we are hereby
rescinding this administrative review, in part, with respect to these
companies, in accordance with 19 CFR 351.213(d)(3).
[[Page 35794]]
Preliminary Determination of No Shipments
Tanai, an exporter that received a separate rate in a previous
segment of the proceeding and is subject to this review, reported that
it had no shipments of subject merchandise during the POR. We requested
that CBP report any contrary information. CBP reported that an entry
was made under the CBP 10-digit case number for Tainai, i.e., the
importer of record entered the shipment pursuant to Tainai's cash
deposit requirement, but the information for the suspended entry
identifies a different manufacturer and exporter for that
merchandise.\16\ Therefore, based on our analysis of information from
CBP and the certification provided by Tainai, we preliminarily
determine that Tanai made no shipments of subject merchandise to the
United States during the POR. Further, consistent with Commerce's
practice, we find that it is not appropriate to rescind the review with
respect to Tanai, but rather to complete the review and issue
appropriate assessment instructions to CBP based on the final results
of review.\17\
---------------------------------------------------------------------------
\16\ See Memorandum, ``No Shipment Inquiry for Shanghai Tainai
Bearings Co., Ltd. (A-570-601) during the period 06/01/2022 through
05/31/2023,'' dated October 18, 2023.
\17\ See, e.g., Certain Steel Threaded Rod from the People's
Republic of China: Preliminary Results of the Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2018-2019, 84 FR 71900 (December 30, 2019).
---------------------------------------------------------------------------
Assessment
For the companies for which this review is being rescinded, in
part, Commerce will instruct CBP to assess antidumping duties on all
appropriate entries. Antidumping duties shall be assessed at rates
equal to the cash deposit rate for estimated antidumping duties
required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i). With respect
to the recission of this review, in part, Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of this notice in the Federal Register.
When Commerce determines that an exporter under review made no
shipments of subject merchandise during the POR, upon issuing the final
results, Commerce will instruct CBP to liquidate any suspended entries
of subject merchandise that entered under that exporter's cash deposit
requirement, i.e., under the exporter's CBP case number, during the POR
at the weighted-average dumping margin for the China-wide entity.\18\
---------------------------------------------------------------------------
\18\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
With respect to Tainai, 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 Rates
As a result of this administrative review, Commerce does not intend
to revise the cash deposit requirements for estimated antidumping
duties for entries subject to the Order.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of 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
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4) and
351.221(b)(4).
Dated: April 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-09588 Filed 5-1-24; 8:45 am]
BILLING CODE 3510-DS-P