Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of Antidumping Duty Administrative Review; Notice of Amended Final Results, 107106-107107 [2024-31412]
Download as PDF
<![CDATA[
107106
Federal Register / Vol. 89, No. 250 / Tuesday, December 31, 2024 / Notices
III. Discuss Next Steps
IV. Public Comment
V. Adjournment
Dated: December 23, 2024.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2024–31380 Filed 12–30–24; 8:45 am]
BILLING CODE P
COMMISSION ON CIVIL RIGHTS
Notice of Public Meeting of the Hawai1i
Advisory Committee to the U.S.
Commission on Civil Rights
U.S. Commission on Civil
Rights.
ACTION: Notice of public meeting.
AGENCY:
Notice is hereby given,
pursuant to the provisions of the rules
and regulations of the U.S. Commission
on Civil Rights (Commission) and the
Federal Advisory Committee Act
(FACA), that the Hawai1i Advisory
Committee (Committee) to the U.S.
Commission on Civil Rights will hold a
virtual business meeting via Zoom on
Tuesday, January 21, 2025, from 3:00
p.m. to 4:00 p.m. HST, to discuss the
Committee’s project ‘‘Examining
Hawai1i’s Child Welfare System and the
Overrepresentation of Native Hawaiian
Children and Families.’’
DATES: Tuesday, January 21, 2025, from
3:00 p.m.–4:00 p.m. Hawai1i Standard
Time.
ADDRESSES: The meeting will be held
via Zoom Webinar.
Registration Link (Audio/Visual):
https://www.zoomgov.com/webinar/
register/WN_ot9jkvWkRm
ODFpj5e0AygA.
Join by Phone (Audio Only): (833)
435–1820 USA Toll Free; Webinar ID:
161 678 7251.
FOR FURTHER INFORMATION CONTACT:
Kayla Fajota, Designated Federal Officer
(DFO) at kfajota@usccr.gov or (434)
515–2395.
SUPPLEMENTARY INFORMATION:
Committee meetings are available to the
public through the videoconference link
above. Any interested member of the
public may listen to the meeting. An
open comment period will be provided
to allow members of the public to make
a statement as time allows. Per the
Federal Advisory Committee Act, public
minutes of the meeting will include a
list of persons who are present at the
meeting. If joining via phone, callers can
expect to incur regular charges for calls
they initiate over wireless lines,
according to their wireless plan. The
Commission will not refund any
incurred charges. Closed captions will
khammond on DSK9W7S144PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:31 Dec 30, 2024
Jkt 265001
be provided for individuals who are
deaf, hard of hearing, or who have
certain cognitive or learning
impairments. To request additional
accommodations, please email Angelica
Trevino, Support Services Specialists, at
atrevino@usccr.gov at least 10 business
days prior to the meeting.
Members of the public are entitled to
make comments during the open period
at the end of the meeting. Members of
the public may also submit written
comments; the comments must be
received in the Regional Programs Unit
within 30 days following the meeting.
Written comments may be emailed to
Kayla Fajota (DFO) at kfajota@usccr.gov
Records generated from this meeting
may be inspected and reproduced at the
Regional Programs Coordination Unit
Office, as they become available, both
before and after the meeting. Records of
the meetings will be available via
www.facadatabase.gov under the
Commission on Civil Rights, Hawai1i
Advisory Committee link. Persons
interested in the work of this Committee
are directed to the Commission’s
website, https://www.usccr.gov, or may
contact the Regional Programs
Coordination Unit at atrevino@
usccr.gov.
Americas, LLC, v. United States, Court
No. 22–00038, sustaining the U.S.
Department of Commerce’s (Commerce)
remand results pertaining to the
administrative review of the
antidumping duty (AD) order on tapered
roller bearings and parts thereof,
finished and unfinished (TRBs) from the
People’s Republic of China (China)
covering the period June 1, 2019,
through May 31, 2020. Commerce is
notifying the public that the CIT’s final
judgment is not in harmony with
Commerce’s final results of the
administrative review and that
Commerce is amending the final results
with respect to the dumping margins
assigned to Shanghai Tainai Bearing
Co., Ltd. (Tainai), Xinchang Newsun
Xintianlong Precision Bearing
Manufacturing Co., Ltd, (Xintianlong),
and Hebei Xintai Bearing Forging Co.,
Ltd, (Xintai).
DATES: Applicable December 28, 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:
Agenda
I. Welcome and Roll Call
II. Approval of Minutes
III. Discussion
IV. Public Comment
V. Next Steps
VI. Adjournment
Background
On January 10, 2022, Commerce
published its Final Results in the 2019–
2020 AD administrative review of TRBs
from China.1 Commerce calculated a
weighted-average dumping margin of
538.79 percent for Tainai, Xintai, and
Xintianlong.2
Tainai appealed Commerce’s Final
Results. On September 14, 2023, the CIT
remanded the Final Results to
Commerce to (1) consider record
evidence regarding the control that
Tainai could have exerted over
unaffiliated suppliers and (2) why the
revenue of section 301 duties is related
to profits on the sale of services rather
than on the sale of subject
merchandise.3
In the Final Redetermination, issued
in January 2024, Commerce, under
respectful protest, recalculated Tainai’s
weighted-average dumping margin
without adverse facts available in
connection with Tainai’s unaffiliated
suppliers’ failure to report factors of
production (FOP) information but
Dated: December 23, 2024.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2024–31381 Filed 12–30–24; 8:45 am]
BILLING CODE 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:
Notice of Court Decision Not in
Harmony With the Results of
Antidumping Duty Administrative
Review; Notice of Amended Final
Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 18, 2024, the
U.S. Court of International Trade (CIT)
issued its final judgment in Shanghai
Tainai Bearing Co., Ltd. and C&U
AGENCY:
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
1 See 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, 87 FR 1120
(January 10, 2022) (Final Results), and
accompanying Issues and Decision Memorandum.
2 Id.
3 See Shanghai Tainai Bearing Co., Ltd. v. United
States, 658 F.Supp. 3d 1269 (CIT 2024).
E:\FR\FM\31DEN1.SGM
31DEN1
Federal Register / Vol. 89, No. 250 / Tuesday, December 31, 2024 / Notices
relying on partial neutral facts available
to fill in the missing FOP information.4
Commerce also modified its calculation
for certain invoices regarding section
301 duties.5 On December 18, 2024, the
CIT sustained Commerce’s Final
Redetermination.6
Timken Notice
In its decision in Timken,7 as clarified
by Diamond Sawblades,8 the U.S. Court
of Appeals for the Federal Circuit held
that, pursuant to sections 516A(c) and
(e) of the Tariff Act of 1930, as amended
(the Act), Commerce must publish a
notice of court decision that is not ‘‘in
harmony’’ with a Commerce
determination and suspend liquidation
of entries pending a ‘‘conclusive’’ court
decision. The CIT’s December 18, 2024,
judgment constitutes a final decision of
the CIT that is not in harmony with
Commerce’s Final Results. Thus, this
notice is published in fulfillment of the
publication requirements of Timken.
Amended Final Results
Because there is now a final court
judgment, Commerce is amending its
Final Results with respect to Tainai and
the margin for non-selected companies
as follows:
Producer/exporter
Shanghai Tainai Bearing
Co., Ltd .............................
Hebei Xintai Bearing Forging
Co., Ltd .............................
Xinchang Newsun
Xintianlong Precision Bearing Manufacturing Co., Ltd
Weightedaverage
dumping
margin
(percent)
khammond on DSK9W7S144PROD with NOTICES
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c) and
(e), and 777(i)(1) of the Act.
Dated: December 23, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–31412 Filed 12–30–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
76.58
International Trade Administration
[A–570–910, C–570–911]
76.58
4 See Final Results of Redetermination Pursuant
to Court Remand, Shanghai Tainai Bearing Co.,
Ltd., et al. v. United States, Court No. 22–00038,
Slip Op. 22–74, dated January 11, 2024 (Final
Redetermination), at 3–4.
5 Id. at 4.
6 See Shanghai Tainai Bearing Co., Ltd., et al. v.
United States, Slip Op. 24–142 (CIT December 18,
2024).
7 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
8 See Diamond Sawblades Mfrs. Coal. v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond
Sawblades).
18:31 Dec 30, 2024
Liquidation of Suspended Entries
At this time, Commerce remains
enjoined by CIT order from liquidating
entries that: were exported by Tainai,
Xintai, or Xintianlong, and were
entered, or withdrawn from warehouse,
for consumption during the period June
1, 2019, through May 31, 2020. These
entries will remain enjoined pursuant to
the terms of the injunction during the
pendency of any appeals process.
In the event the CIT’s ruling is not
appealed, or, if appealed, upheld by a
final and conclusive court decision,
Commerce intends to instruct CBP to
assess antidumping duties on
unliquidated entries of subject
merchandise exported by Tainai, Xintai,
or Xintianlong, in accordance with 19
CFR 351.212(b), at the rates identified
above.
76.58
Cash Deposit Requirements
Because Tainai has a superseding
cash deposit rate, i.e., there have been
final results published in a subsequent
administrative review, we will not issue
revised cash deposit instructions to U.S.
Customs and Border Protection (CBP).
This notice will not affect the current
cash deposit rate.
With respect to all the non-selected
companies that do not have a
VerDate Sep<11>2014
superseding cash deposit rate,
Commerce will issue revised cash
deposit instructions to CBP.
Jkt 265001
Circular Welded Carbon-Quality Steel
Pipe From the People’s Republic of
China: Continuation of Antidumping
and Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) and countervailing duty (CVD)
orders on circular welded carbonquality steel pipe (CWP) from the
People’s Republic of China (China)
would likely lead to continuation or
recurrence of dumping, countervailable
subsidies, and material injury to an
industry in the United States,
Commerce is publishing this notice of
continuation of these AD and CVD
orders.
AGENCY:
DATES:
PO 00000
Applicable December 17, 2024.
Frm 00004
Fmt 4703
Sfmt 4703
107107
FOR FURTHER INFORMATION CONTACT:
Howard Smith, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5193.
SUPPLEMENTARY INFORMATION:
Background
On July 22, 2008, Commerce
published in the Federal Register the
AD and CVD orders on CWP from
China.1 On May 1, 2024, the ITC
instituted,2 and Commerce initiated,3
the third sunset review of the Orders,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act). As
a result of its review, Commerce
determined that revocation of the CVD
Order would likely lead to the
continuation or recurrence of
countervailable subsidies and notified
the ITC of the magnitude of the subsidy
rates likely to prevail were the order
revoked,4 and Commerce determined
that revocation of the AD Order would
likely lead to continuation or recurrence
of dumping, and therefore, notified the
ITC of the magnitude of the margins of
dumping rates likely to prevail should
the Order be revoked.5
On December 17, 2024, the ITC
published its determination, pursuant to
sections 751(c) and 752(a) of the Act,
that revocation of the Orders would
likely lead to continuation or recurrence
of material injury to an industry in the
United States within a reasonably
foreseeable time.6
Scope of the Orders
The merchandise subject of these
Orders are certain welded carbon
quality steel pipes and tubes. See the
1 See Circular Welded Carbon Quality Steel Pipe
from the People’s Republic of China: Notice of
Amended Final Affirmative Countervailing Duty
Determination and Notice of Countervailing Duty
Order, 73 FR 42545 (July 22, 2008) (CVD Order);
Notice of Antidumping Duty Order: Circular
Welded Carbon Quality Steel Pipe from the People’s
Republic of China, 73 FR 42547 (July 22, 2008) (AD
Order) (collectively, Orders).
2 See Circular Welded Carbon-Quality Steel Pipe
from China; Institution of Five-Year Review, 89 FR
35244 (May 1, 2024).
3 See Initiation of Five-Year (Sunset) Reviews, 89
FR 35073 (May 1, 2024).
4 See Circular Welded Carbon Quality Steel Pipe
from the People’s Republic of China: Final Results
of the Expedited Third Sunset Review of the
Countervailing Duty Order, 89 FR 73064 (September
9, 2024), and accompanying Issues and Decision
Memorandum (IDM).
5 See Circular Welded Carbon-Quality Steel Pipe
from the People’s Republic of China: Final Results
of the Expedited Third Sunset Review of the
Antidumping Duty Order, 89 FR 73632 (September
11, 2024), and accompanying IDM.
6 See Circular Welded Carbon-Quality Steel Pipe
from China Determination, 89 FR 102163
(December 17, 2024) (ITC Final Determination).
E:\FR\FM\31DEN1.SGM
31DEN1
]]>Agencies
[Federal Register Volume 89, Number 250 (Tuesday, December 31, 2024)]
[Notices]
[Pages 107106-107107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31412]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-601]
Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, From the People's Republic of China: Notice of Court
Decision Not in Harmony With the Results of Antidumping Duty
Administrative Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 18, 2024, the U.S. Court of International Trade
(CIT) issued its final judgment in Shanghai Tainai Bearing Co., Ltd.
and C&U Americas, LLC, v. United States, Court No. 22-00038, sustaining
the U.S. Department of Commerce's (Commerce) remand results pertaining
to the administrative review of the antidumping duty (AD) order on
tapered roller bearings and parts thereof, finished and unfinished
(TRBs) from the People's Republic of China (China) covering the period
June 1, 2019, through May 31, 2020. Commerce is notifying the public
that the CIT's final judgment is not in harmony with Commerce's final
results of the administrative review and that Commerce is amending the
final results with respect to the dumping margins assigned to Shanghai
Tainai Bearing Co., Ltd. (Tainai), Xinchang Newsun Xintianlong
Precision Bearing Manufacturing Co., Ltd, (Xintianlong), and Hebei
Xintai Bearing Forging Co., Ltd, (Xintai).
DATES: Applicable December 28, 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 January 10, 2022, Commerce published its Final Results in the
2019-2020 AD administrative review of TRBs from China.\1\ Commerce
calculated a weighted-average dumping margin of 538.79 percent for
Tainai, Xintai, and Xintianlong.\2\
---------------------------------------------------------------------------
\1\ See 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, 87 FR 1120 (January 10,
2022) (Final Results), and accompanying Issues and Decision
Memorandum.
\2\ Id.
---------------------------------------------------------------------------
Tainai appealed Commerce's Final Results. On September 14, 2023,
the CIT remanded the Final Results to Commerce to (1) consider record
evidence regarding the control that Tainai could have exerted over
unaffiliated suppliers and (2) why the revenue of section 301 duties is
related to profits on the sale of services rather than on the sale of
subject merchandise.\3\
---------------------------------------------------------------------------
\3\ See Shanghai Tainai Bearing Co., Ltd. v. United States, 658
F.Supp. 3d 1269 (CIT 2024).
---------------------------------------------------------------------------
In the Final Redetermination, issued in January 2024, Commerce,
under respectful protest, recalculated Tainai's weighted-average
dumping margin without adverse facts available in connection with
Tainai's unaffiliated suppliers' failure to report factors of
production (FOP) information but
[[Page 107107]]
relying on partial neutral facts available to fill in the missing FOP
information.\4\ Commerce also modified its calculation for certain
invoices regarding section 301 duties.\5\ On December 18, 2024, the CIT
sustained Commerce's Final Redetermination.\6\
---------------------------------------------------------------------------
\4\ See Final Results of Redetermination Pursuant to Court
Remand, Shanghai Tainai Bearing Co., Ltd., et al. v. United States,
Court No. 22-00038, Slip Op. 22-74, dated January 11, 2024 (Final
Redetermination), at 3-4.
\5\ Id. at 4.
\6\ See Shanghai Tainai Bearing Co., Ltd., et al. v. United
States, Slip Op. 24-142 (CIT December 18, 2024).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\
the U.S. Court of Appeals for the Federal Circuit held that, pursuant
to sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's December 18,
2024, judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Results. Thus, this notice is published
in fulfillment of the publication requirements of Timken.
---------------------------------------------------------------------------
\7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\8\ See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d
1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to Tainai and the margin for non-
selected companies as follows:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping margin
(percent)
------------------------------------------------------------------------
Shanghai Tainai Bearing Co., Ltd........................ 76.58
Hebei Xintai Bearing Forging Co., Ltd................... 76.58
Xinchang Newsun Xintianlong Precision Bearing 76.58
Manufacturing Co., Ltd.................................
------------------------------------------------------------------------
Cash Deposit Requirements
Because Tainai has a superseding cash deposit rate, i.e., there
have been final results published in a subsequent administrative
review, we will not issue revised cash deposit instructions to U.S.
Customs and Border Protection (CBP). This notice will not affect the
current cash deposit rate.
With respect to all the non-selected companies that do not have a
superseding cash deposit rate, Commerce will issue revised cash deposit
instructions to CBP.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that: were exported by Tainai, Xintai, or
Xintianlong, and were entered, or withdrawn from warehouse, for
consumption during the period June 1, 2019, through May 31, 2020. These
entries will remain enjoined pursuant to the terms of the injunction
during the pendency of any appeals process.
In the event the CIT's ruling is not appealed, or, if appealed,
upheld by a final and conclusive court decision, Commerce intends to
instruct CBP to assess antidumping duties on unliquidated entries of
subject merchandise exported by Tainai, Xintai, or Xintianlong, in
accordance with 19 CFR 351.212(b), at the rates identified above.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e), and 777(i)(1) of the Act.
Dated: December 23, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-31412 Filed 12-30-24; 8:45 am]
BILLING CODE 3510-DS-P
