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[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]

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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: 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\
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    \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.
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    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\
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    \3\ See Shanghai Tainai Bearing Co., Ltd. v. United States, 658 
F.Supp. 3d 1269 (CIT 2024).
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    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\
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    \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).
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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.
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    \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).
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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
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