[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Notices]
[Pages 1238-1240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00242]


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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, and Rescission of New Shipper 
Review; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On June 29, 2017, the Department of Commerce (Commerce) 
published the preliminary results of the 29th administrative and new 
shipper reviews of the antidumping duty order on tapered roller 
bearings and parts thereof, finished and unfinished (TRBs), from the 
People's Republic of China (China). The period of review (POR) is June 
1, 2015, through May 31, 2016. After analyzing the comments received, 
we have made changes to the final results of the administrative review. 
We are also rescinding the new shipper review (NSR). The final 
weighted-average dumping margins for the reviewed firms in the 
administrative review are listed below in the section entitled ``Final 
Results of the Review.''

DATES: Applicable January 10, 2018.

FOR FURTHER INFORMATION CONTACT: Andrew Medley or Whitley Herndon, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-4987 or (202) 482-6274, respectively.

Background

    These final results of administrative review cover three exporters 
of the subject merchandise, GSP Automotive Group Wenzhou Co. Ltd. 
(GSP), Hangzhou Yonggu Auto-Parts Co., Ltd. (Hangzhou Yonggu), and 
Zhejiang CTL Auto Parts Manufacturing Incorporated Co., Ltd. (CTL), as 
well as three additional companies, Zhejiang Zhaofeng Mechanical & 
Electronic Co., Ltd. (Zhaofeng), Yantai CMC Bearing Company Limited 
(Yantai CMC), and Zhejiang Zhengda Bearing Co., Ltd. (Zhengda), which 
do not qualify for separate rates. With respect to these later 
companies, we are treating them as part of the China-wide entity. The 
NSR covers Zhejiang Jingli Bearing Technology Co. Ltd. (Zhejiang 
Jingli).
    On July 6, 2017, Commerce published the Preliminary Results.\1\ In 
the Preliminary Results, we found that Zhejiang Jingli's sale to the 
United States was not bona fide, as required by section 
751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the Act). 
Therefore, we indicated that we intended to rescind the NSR.
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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 Preliminary Rescission of New Shipper Review; 2015-2016, 82 FR 
31301 (July 6, 2017) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
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    In August 2017, we received case briefs from the petitioner, 
Zhaofeng, and Yantai CMC, and in September 2017, we received rebuttal 
briefs from the petitioner and Zhaofeng. In October 2017, Commerce 
extended the deadline for the final results by 60 days to January 2, 
2018.\2\ Commerce conducted this review in accordance with section 751 
of the Act.
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    \2\ See Memorandum, ``Tapered Roller Bearings and Parts Thereof, 
Finished or Unfinished, from the People's Republic of China: 
Extension of Deadline for the Final Results of Antidumping Duty 
Administrative, and New Shipper Review,'' dated October 16, 2017.
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Scope of the Order \3\
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    \3\ See Notice of 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) (Order).
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    The merchandise covered by the order includes tapered roller 
bearings and parts thereof. The subject merchandise is currently 
classifiable under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings: 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. The HTSUS subheadings are provided for convenience 
and customs purposes only; the written description of the scope of the 
order is dispositive.\4\
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    \4\ For a complete description of the scope of the order, see 
Memorandum, ``Issues and Decision Memorandum for the Antidumping 
Duty Administrative Review and Rescission of New Shipper Review: 
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, 
from the People's Republic of China; 2015-2016,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).

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[[Page 1239]]

Separate Rates

    In the Preliminary Results, we found that evidence provided by CTL, 
GSP, Hangzhou Yonggu, and Zhaofeng supported finding an absence of both 
de jure and de facto government control, and, therefore, we 
preliminarily granted a separate rate to each of these companies.\5\ We 
received no information since the issuance of the Preliminary Results 
that provides a basis for reconsidering these determinations with 
respect to CTL, GSP, and Hangzhou Yonggu. Therefore, for the final 
results, we continue to find that CTL, GSP, and Hangzhou Yonggu are 
eligible for separate rates.
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    \5\ See Preliminary Results, 82 FR at 31302-03 and Preliminary 
Decision Memorandum at 10-11.
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    With respect to Zhaofeng, however, based upon information obtained 
from Customs and Border Protection (CBP), we have determined that 
Zhaofeng's submitted information is unreliable in its entirety. Thus, 
we find that this information cannot serve as a basis for reaching a 
determination in this review. As a result, we find that Zhaofeng was 
unable to support its separate rates claim, and we find Zhaofeng to be 
a part of the China-wide entity. For further discussion, see Comment 1 
of the accompanying Issues and Decision Memorandum.
    Further, with respect to Yantai CMC and Zhengda, we determined in 
the Preliminary Results that these companies failed to demonstrate an 
absence of de facto government control, and, thus, Commerce did not 
grant Yantai CMC and Zhengda a separate rate. For these final results, 
we continue to find, based on record evidence, that Yantai CMC and 
Zhengda failed to demonstrate an absence of de facto government 
control. Accordingly, we are not granting Yantai CMC and Zhengda a 
separate rate. For further discussion of this issue with respect to 
Yantai CMC, see Comments 3 through 5 of the accompanying Issues and 
Decision Memorandum.

Weighted-Average Dumping Margin for the Non-Examined, Separate-Rate 
Companies

    For these final results, we have not calculated any individual 
rates or assigned a rate based on facts available. Therefore, 
consistent with our recent practice,\6\ we determine to assign to the 
non-individually examined separate rate companies the rate assigned to 
the separate rate companies in the most recently-completed 
administrative review of the order, which is zero.\7\
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    \6\ See, e.g., Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: Preliminary Results of Antidumping 
Duty Administrative Review; 2015-2016, 81 FR 62717 (September 12, 
2016), and accompanying Preliminary Decision Memorandum at 10-11, 
unchanged in Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Final Results of Antidumping Duty 
Administrative Review; 2015-2016, 82 FR 11431 (February 23, 2017).
    \7\ See, Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review, and Rescission of New 
Shipper Review; 2014-2015, 82 FR 4844 (January 17, 2017).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum. A list of the issues which parties raised and to which we 
respond in the Issues and Decision Memo is attached to this notice as 
an Appendix. The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and it is available to all parties in the Central 
Records Unit, Room B8024 of the main Department of Commerce building. 
In addition, a complete version of the Issues and Decision Memorandum 
can be accessed directly at http://trade.gov/enforcement. The signed 
Issues and Decision Memorandum and the electronic version of the Issues 
and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have determined 
that Zhaofeng is not eligible for a separate rate.

Rescission of New Shipper Review

    No party commented on the new shipper review for these final 
results. As explained in the Preliminary Results, Commerce finds that 
Zhejiang Jingli's sale is non-bona fide.\8\ Because the non-bona fide 
sale was the only reported sale of subject merchandise during the POR, 
and, thus, there are no reviewable transactions, Commerce is rescinding 
the NSR.
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    \8\ See Preliminary Results, 82 FR at 31302.
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Period of Review

    The POR is June 1, 2015, through May 31, 2016.

Final Results of the Administrative Review

    Because Yantai CMC, Zhaofeng, and Zhengda did not demonstrate that 
they are entitled to a separate rate, Commerce finds Yantai CMC, 
Zhaofeng, and Zhengda to be part of the China-wide entity. No party 
requested a review of the China-wide entity. Therefore, we did not 
conduct a review of the China-wide entity and the entity's rate is not 
subject to change.\9\ The rate previously established for the China-
wide entity is 92.84 percent.
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    \9\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
(NME) in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 
(November 4, 2013).
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    Additionally, we are assigning the following weighted-average 
dumping margins to the firms listed below for the period June 1, 2015, 
through May 31, 2016:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporters                             dumping
                                                                margin
                                                               (percent)
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GSP Automotive Group Wenzhou Co. Ltd *......................        0.00
Hangzhou Yonggu Auto-Parts Co., Ltd *.......................        0.00
Zhejiang CTL Auto Parts Manufacturing Incorporated Co., Ltd         0.00
 *..........................................................
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* This company demonstrated eligibility for a separate rate in this
  administrative review.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce has determined, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise, 
where applicable, in accordance with the final results of this review. 
Commerce intends to issue assessment instructions to CBP 15 days after 
the date of publication of these final results of review.
    Pursuant to the Final Modification for Reviews,\10\ because the 
above-listed respondents' weighted-average dumping margins are zero, we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties.\11\
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    \10\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification for Reviews).
    \11\ Id., 77 FR at 8102.
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    For Yantai CMC, Zhaofeng, and Zhengda, because Commerce determined 
that these companies did

[[Page 1240]]

not qualify for a separate rate, we will instruct CBP to assess dumping 
duties on the companies' entries of subject merchandise at the rate of 
92.84 percent.
    For Zhejiang Jingli, because Commerce rescinded the NSR, we will 
instruct CBP to assess dumping duties on the company's entries of 
subject merchandise at the rate China-wide rate of 92.84 percent.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for 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 
(except, if the rate is de minimis, then a cash deposit rate of zero 
will be established for that company); (2) for previously investigated 
or reviewed China and non-China exporters not listed above that 
currently have a separate rate, the cash deposit rate will continue to 
be the exporter-specific rate published for the most recently completed 
segment of this proceeding where the exporter received that separate 
rate; (3) for all China exporters of subject merchandise that have not 
been found to be entitled to a separate rate, the cash deposit rate 
will be the rate for the China-wide entity, 92.84 percent; and (4) for 
all non-China exporters of subject merchandise which have not received 
their own separate rate, the cash deposit rate will be the rate 
applicable to the China exporter that supplied that non-China exporter.
    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notifications to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notifications to Interested Parties

    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 return or 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.
    We are issuing and publishing these results of review in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: January 2, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issues
    Comment 1: Zhaofeng's Unreported U.S. Sales
    Comment 2: Other Issues for Zhaofeng
    Comment 3: Rejection of Yantai CMC's Separate Rates Application
    Comment 4: Legal Authority To Assign a China-Wide Rate
    Comment 5: Whether the China-Wide Rate is Under Review
5. Conclusion

[FR Doc. 2018-00242 Filed 1-9-18; 8:45 am]
 BILLING CODE 3510-DS-P