[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Notices]
[Pages 40792-40795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14563]


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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 Partial Rescission of Antidumping Duty Administrative Review; 2020-
2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Shanghai Tainai Bearing Co., Ltd. (Tainai) has made 
sales of 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, 2020, 
through May 31, 2021. The administrative review covers 11 companies; 
however, based on timely withdrawal of requests for review, we are now 
rescinding this administrative review with respect to two of these 
companies. Additionally, we find that Tainai and Zhejiang Jingli 
Bearing Technology Co., Ltd. (Jingli) have each demonstrated that they 
are eligible for a separate rate. Interested parties are invited to 
comment on these preliminary results.

DATES: Applicable July 8, 2022.

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 3, 2021, 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, 2020, through May 31, 2021, with 
respect to 11 companies.\1\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Reviews, 86 FR 41821 (August 3, 2021) (Initiation Notice).
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\2\ A

[[Page 40793]]

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 Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2020-2021 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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Partial Rescission

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if all parties who 
requested the review withdraw their requests within 90 days of the date 
of publication of notice of initiation of the requested review. 
Changshan Peer Bearing Co., Ltd. (CPZ) and GGB Bearing Technology 
(Suzhou) Co., Ltd. (GGB) timely withdrew their requests for an 
administrative review. No other party requested a review of these 
companies. Accordingly, we are rescinding this review, in part, with 
respect to CPZ and GGB, pursuant to 19 CFR 351.213(d)(1).

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 preliminary results, 
see the Preliminary Decision Memorandum.\3\
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    \3\ See Preliminary Decision Memorandum at ``Discussion of the 
Methodology.''
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China-Wide Entity

    C&U Group Shanghai Bearing Co., Ltd. (C&U Group); Hangzhou C&U 
Automotive Bearing Co., Ltd. (C&U Automotive); Hangzhou C&U Metallurgy 
Bearing Co., Ltd. (C&U Metallurgy); Hebei Xintai Bearing Forging Co., 
Ltd. (Hebei Xintai); Huangshi C&U Bearing Co., Ltd. (Huangshi C&U); 
Sichuan C&U Bearing Co., Ltd. (Sichuan C&U); and Xinchang Newsun 
Xintianlong Precision Bearing Manufacturing Co., Ltd. (XTL) did not 
submit separate rate applications or recertify their eligibility for a 
separate rate; therefore, each company has failed to establish their 
eligibility for a separate rate as a result of this administrative 
review. Commerce preliminarily determines that these companies are not 
eligible for a separate rate and are 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 China-wide entity. Because no party requested a review of 
the China-wide entity in this review, the China-wide entity is not 
under review, and the weighted-average dumping margin determined for 
the China-wide entity rate is therefore not subject to change and 
continues to be 92.84 percent.\4\
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    \4\ 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, 3988-89 (January 
22, 2009) (TRBs from China 2009).
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Rate for Non-Examined Companies That Are Eligible for a Separate Rate

    Commerce calculated an individual weighted-average dumping margin 
for Tainai, the only company individually examined in this 
administrative review. 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 36.03 percent applies to Jingli, the only company not 
selected for individual examination that is eligible for a separate 
rate. 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, 2020, through May 
31, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Shanghai Tainai Bearing Co., Ltd............................       36.03
Zhejiang Jingli Bearing Technology Co., Ltd.................       36.03
------------------------------------------------------------------------

Disclosure

    Commerce will disclose calculations performed for these preliminary 
results to the representatives of interested parties that have access 
to business proprietary information under the Administrative Protective 
Order 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 
may submit case briefs no later than 30 days after the date of 
publication of these preliminary results.\5\ Rebuttals to case briefs 
may be filed no later than seven days after case briefs are filed, and 
all rebuttal briefs must be limited to comments raised in the case 
briefs.\6\ Parties who submit comments are requested to submit with the 
argument: (1) a statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\7\
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    \5\ See 19 CFR 351.309(c)(1)(ii).
    \6\ See 19 CFR 351.309(d); see also 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) (collectively, Temporary Modifications).
    \7\ See 19 CFR 351.309(c)(2).
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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

[[Page 40794]]

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.\8\
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    \8\ 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 proprietary information, until 
further notice.\9\
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    \9\ See Temporary Modifications.
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Final Results of Review

    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.\10\
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    \10\ See section 751(a)(3)(A) of the Act; see also 19 CFR 
351.213(h).
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Verification

    As provided in section 782(i)(3) of the Act, Commerce verified the 
information relied upon in making its preliminary results with respect 
to Tainai.\11\ Normally, Commerce verifies information using standard 
procedures, including an on-site examination of original accounting, 
financial, and sales documentation. However, due to travel restrictions 
in response to the global COVID-19 pandemic, Commerce was unable to 
conduct on-site verification in this review. Accordingly, we issued a 
questionnaire in lieu of on-site verification. We intend to rely on 
Tainai's response to our verification questionnaire for the final 
results.
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    \11\ See Tainai's Letter, ``Response to Questionnaire issued in 
Lieu of Verification; Part 1,'' dated June 13, 2022; and Tainai's 
Letter, ``Response to Questionnaire issued in Lieu of Verification; 
Part 2,'' dated June 15, 2022.
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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.\12\ 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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    \12\ 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).\13\ 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.\14\ 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.\15\ 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.\16\ Commerce's ``automatic assessment'' practice 
will apply to entries of subject merchandise during the POR produced by 
Tainai for which it did not know that the merchandise it sold to the 
intermediary (e.g., a reseller, trading company, or exporter) was 
destined for the United States. In such instances, we will instruct CBP 
to liquidate unreviewed entries at the China-wide rate \17\ if there is 
no rate for the intermediate company(ies) involved in the 
transaction.\18\
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    \13\ 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).
    \14\ See 19 CFR 351.212(b)(1).
    \15\ Id.
    \16\ See Final Modification, 77 FR at 8103.
    \17\ See TRBs from China 2009.
    \18\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    For the final results, if we continue to treat the C&U Group; C&U 
Automotive; C&U Metallurgy; Hebei Xintai; Huangshi C&U; Sichuan C&U; 
and XTL as part of China-wide entity, we will instruct CBP to apply an 
ad valorem assessment rate of 92.84 percent, the weighted-average 
dumping margin previously established for the China-wide entity,\19\ to 
all entries of subject merchandise during the POR that were exported by 
these companies.
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    \19\ 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 Jingli, the company that is receiving a separate rate and was 
not individually examined, its assessment rate will be equal to the 
weighted-average dumping margin determined in the final results of this 
review.
    For CPZ and GGB, the companies for which the administrative review 
is rescinded, antidumping duties shall be assessed at a rate equal to 
the cash deposit of 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).

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 that 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 are currently eligible for a separate 
rate, the cash deposit rate will continue to be equal to the exporter-
specific weighted-average dumping margin published for the most 
recently

[[Page 40795]]

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, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

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. 2022-14563 Filed 7-7-22; 8:45 am]
BILLING CODE 3510-DS-P