[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Pages 36099-36101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14559]


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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: Preliminary Results 
and Intent To Rescind the Review, in Part; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain companies under review 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, 2019, through May 31, 2020. 
Additionally, we preliminarily determine that certain companies did not 
make a bona fide sale of TRBs from China during the POR and preliminary 
intend to rescind the review with respect to these companies. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable July 8, 2021.

FOR FURTHER INFORMATION CONTACT: Alex Wood, 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) 482-1959.

SUPPLEMENTARY INFORMATION:

Background

    On August 6, 2020, Commerce published a notice of initiation of an 
administrative review of the antidumping duty (AD) order on TRBs from 
China covering the period June 1, 2019, through May 31, 2020, with 
respect to 10 companies.\1\ In November 2020, following timely 
withdrawal of their requests for review, we rescinded the review with 
respect to four companies.\2\ This review now covers BRTEC Wheel Hub 
Bearing Co., Ltd. (BRTEC); C&U Group Shanghai Bearing Co., Ltd. (C&U 
Group); Hebei Xintai Bearing Forging Co., Ltd. (Hebei Xintai); Shanghai 
Tainai Bearing Co., Ltd., (Tainai); Xinchang Newsun Xintianlong 
Precision Bearing Manufacturing Co., Ltd. (XTL); and Zhejiang Jingli 
Bearing Technology Co. Ltd. (Jingli).
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Reviews, 85 FR 47731 (August 6, 2020) (Initiation Notice); see also 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 85 FR 54983, 54990 (September 3, 2020) (Initiation Notice 
Correction), correcting the Initiation Notice.
    \2\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, from the People's Republic of China: Rescission, in 
Part, of Antidumping Duty Administrative Review; 2019-2020, 85 FR 
76527 (November 30, 2020).
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\3\ A list of topics discussed in the Preliminary Decision 
Memorandum is included in the appendix to this notice. The Preliminary 
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. In addition, a complete 
version of the Preliminary

[[Page 36100]]

Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2019-2020 Antidumping Duty Administrative Review of 
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 (Preliminary Decision Memorandum).
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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) 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. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of the order is dispositive.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.\4\
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    \4\ See Preliminary Decision Memorandum at ``Discussion of the 
Methodology.''
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China-Wide Entity

    The C&U Group did not submit a separate rate application; 
therefore, it has failed to rebut de facto and de jure control by the 
Government of China. Commerce preliminarily determines that C&U Group 
is not eligible for a separate rate and is a part of the China-wide 
entity.
    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. 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).

Preliminary Partial Recession of the AD Administrative Review

    As discussed in the Bona Fides Analysis Memoranda,\5\ Commerce 
preliminarily finds that the sales made by BRTEC and Jingli, which 
serve as the basis for our review of these companies, are not bona fide 
sales. Commerce reached this conclusion based on the totality of the 
circumstances surrounding the reported sales. Further, given that the 
factual information used in our bona fides analysis of BRTEC's and 
Jingli's sales involves business proprietary information, see the Bona 
Fides Memoranda for a full discussion of the basis for our preliminary 
findings.
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    \5\ See Memorandum, ``Analysis of the Bona Fides of BRTEC Wheel 
Hub Bearing Co., Ltd.'s Sale,'' dated concurrently with, and hereby 
adopted by, this notice; and Memorandum, ``Analysis of the Bona 
Fides of Zhejiang Jingli Bearing Technology Co. Ltd.'s Sale,'' dated 
concurrently with, and hereby adopted by, this notice (collectively, 
Bona Fides Memoranda).
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Rate for Non-Examined Companies That Are Eligible for a Separate Rate

    Commerce calculated an individual estimated weighted-average 
dumping margin for Tainai, the only individually examined exporter/
producer in this investigation. Because the only individually 
calculated weighted-average dumping margin is not zero, de minimis, or 
based entirely on facts otherwise available, the weighted-average 
dumping margin calculated for Tainai is the basis to determine the 
weighted-average dumping margin for the separate rate, non-examined 
companies, consistent with section 735(c)(5)(A) of the Act which 
provides for the determination of the estimated weighted-average 
dumping margin for all other producers and exporters in an 
investigation.
    As indicated in the ``Preliminary Results of Review'' section 
below, we preliminarily determine that a weighted-average dumping 
margin of 36.75 percent applies to the two companies not selected for 
individual examination which are eligible for a separate rate (i.e., 
Hebei Xintai and XTL). For further information, see the Preliminary 
Decision Memorandum at ``Weighted-Average Dumping Margin for the 
Separate Rate Companies.''

Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period June 1, 2019, through May 
31, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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Shanghai Tainai Bearing Co., Ltd............................       36.75
Hebei Xintai Bearing Forging Co., Ltd.......................       36.75
Xinchang Newsun Xintianlong Precision Bearing Manufacturing        36.75
 Co., Ltd...................................................
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Disclosure

    Commerce will disclose calculations performed for these preliminary 
results to the parties within five days of the date of publication of 
this notice in accordance with 19 CFR 351.224(b).

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. Interested parties 
will be notified of the deadlines for the submission of case briefs and 
written comments at a later date. Rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than seven days after 
the deadline date for case briefs.\6\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
administrative review are encouraged to submit with each argument: (1) 
A statement of the issue; (2) a brief summary of the argument; and (3) 
a table of authorities.
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    \6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. Oral 
presentations at the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing.\7\
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    \7\ See 19 CFR 351.310(d).
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    All submissions must be filed electronically using ACCESS. An 
electronically filed document must be received successfully in its 
entirety by 5:00 p.m. Eastern Time on the established due date. Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business

[[Page 36101]]

proprietary information, until further notice.\8\
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    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of all issues raised in the case briefs, within 120 
days after the date of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results of the administrative review, 
Commerce will determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\9\ Commerce intends to issue assessment instructions to 
CBP no earlier than 35 days after 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).
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    \9\ See 19 CFR 351.212(b)(1).
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    For each individually examined respondent in this review whose 
weighted-average dumping margin in the final results of review is not 
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to 
calculate importer-specific assessment rates for antidumping duties, in 
accordance with 19 CFR 351.212(b)(1).\10\ 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.\11\ 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.\12\ 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.\13\
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    \10\ See Antidumping Proceedings: Calculation of the Weighted 
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification).
    \11\ See 19 CFR 351.212(b)(1).
    \12\ Id.
    \13\ See Final Modification, 77 FR at 8103.
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    For the final results, if we continue to treat the C&U Group as 
part of China-wide entity, we will instruct CBP to apply an ad valorem 
assessment rate of 92.84 percent, the rate previously established for 
the China-wide entity,\14\ to all entries of subject merchandise during 
the POR that were exported or produced by the C&U Group.
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    \14\ 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 (January 22, 
2009).
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    For the companies which are receiving a separate rate and which 
were not individually examined, their assessment rate will be equal to 
the weighted-average dumping margin determined in the final results of 
this review.
    For BRTEC and Jingli, if the review is rescinded for these two 
companies, then Commerce will instruct CBP to liquidate, as entered, 
the entries associated with these two companies. In accordance with 
section 751(a)(2)(C) of the Act, the final results of this review shall 
be the basis for the assessment of antidumping duties on entries of 
merchandise covered by the final results of this review and for future 
deposits of estimated antidumping duties, where applicable.

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 which have a separate rate 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 zero or de minimis, then 
a cash deposit rate of zero will be established for that company); (2) 
for previously investigated or reviewed Chinese and non-Chinese 
exporters not listed above that have separate rates, the cash deposit 
rate will continue to be equal to the exporter-specific weighted-
average dumping margin published for the most recently completed 
segment of this proceeding; (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 cash deposit rate established for the 
China-wide entity, 92.84 percent; and (4) for all exporters of subject 
merchandise that are not located in China and that are not eligible for 
a separate rate, the cash deposit rate will be the rate applicable to 
the Chinese exporter(s) that supplied that non-Chinese exporter. These 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice also serves as a preliminary 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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(l), 751(a)(2)(B), and 777(i)(l) of 
the Act, and 19 CFR 351.221(b)(4).

    Dated: June 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

[FR Doc. 2021-14559 Filed 7-7-21; 8:45 am]
BILLING CODE 3510-DS-P