80 FR 19070 - Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Notice of Final Results of Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 68 (April 9, 2015)

On November 21, 2014, the Department of Commerce (the Department) published the preliminary results of the changed circumstances review (CCR) of the antidumping duty (AD) order on tapered roller bearings and parts thereof, finished and unfinished (TRBs), from the People's Republic of China (PRC).\1\ We gave interested parties an opportunity to comment on the Preliminary Results. For these final results, as in the Preliminary Results, we determine that: (1) Shanghai General Bearing Co., Ltd. (SGBC/SKF) is the successor-in-interest to a company of the same name (hereinafter known as SGBC), a producer/exporter of TRBs revoked from the AD order on TRBs from the PRC in 1997; \2\ and (2) merchandise from SGBC/SKF is not subject to the AD order on TRBs from the PRC. ---------------------------------------------------------------------------

[Federal Register Volume 80, Number 68 (Thursday, April 9, 2015)]
[Notices]
[Pages 19070-19072]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08222]


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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 Final 
Results of Changed Circumstances Review

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

SUMMARY: On November 21, 2014, the Department of Commerce (the 
Department) published the preliminary results of the changed 
circumstances review (CCR) of the antidumping duty (AD) order on 
tapered roller bearings and parts thereof, finished and unfinished 
(TRBs), from the People's Republic of China (PRC).\1\ We gave 
interested parties an opportunity to comment on the Preliminary 
Results. For these final results, as in the Preliminary Results, we 
determine that: (1) Shanghai General Bearing Co., Ltd. (SGBC/SKF) is 
the successor-in-interest to a company of the same name (hereinafter 
known as SGBC), a producer/exporter of TRBs revoked from

[[Page 19071]]

the AD order on TRBs from the PRC in 1997; \2\ and (2) merchandise from 
SGBC/SKF is not subject to the AD order on TRBs from the PRC.
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    \1\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China: Notice of 
Preliminary Results of Changed Circumstances Review and Extension of 
the Final Results, 79 FR 69424 (November 21, 2014) (Preliminary 
Results).
    \2\ 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 Revocation in Part of 
Antidumping Duty Order, 62 FR 6189 (February 11, 1997) (SGBC 
Revocation).

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DATES: Effective: August 1, 2012.

FOR FURTHER INFORMATION CONTACT: Stephen Banea, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-0656.

SUPPLEMENTARY INFORMATION: 

Background

    On June 15, 1987, the Department published in the Federal Register 
the AD order on TRBs from the PRC.\3\ On February 11, 1997, the 
Department revoked the order on TRBs from the PRC with respect to 
merchandise produced and exported by SGBC, effective as of June 1, 
1994.\4\
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    \3\ See Antidumping Duty Order: Tapered Roller Bearings and 
Parts Thereof, Finished and Unfinished, From the People's Republic 
of China, 52 FR 22667 (June 15, 1987).
    \4\ See SGBC Revocation, 62 FR at 6214.
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    Effective August 1, 2012, the majority shareholder of SGBC merged 
with AB SKF (SKF) and, as a result of the merger, SGBC became part of 
the SKF Group. On February 13, 2013, SGBC/SKF requested that the 
Department conduct a CCR pursuant to 19 CFR 351.221(c)(3)(ii) to 
determine whether it is the successor-in-interest to SGBC as it existed 
prior to its affiliation with SKF, and on June 28, 2013, the Department 
published in the Federal Register a notice initiating a CCR to address 
this question.\5\
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    \5\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China: Initiation of 
Antidumping Duty Changed Circumstances Review, 78 FR 38943 (June 28, 
2013).
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    On November 21, 2014, the Department published in the Federal 
Register the notice of preliminary results of this CCR.\6\ In the 
Preliminary Results, we provided all interested parties with an 
opportunity to comment and request a public hearing regarding our 
preliminary finding that SGBC/SKF is the successor-in-interest to SGBC; 
at that time, we also extended the final results in this CCR.\7\
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    \6\ See Preliminary Results, 79 FR at 69424-25.
    \7\ Id. at 69425.
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    On December 12, 2014, SGBC/SKF and Stemco LP (Stemco), a U.S. 
manufacturer and importer of TRBs from the PRC, submitted case briefs. 
On December 19, 2014, SGBC/SKF submitted a rebuttal brief. On January 
16, 2015, the Department held a public hearing at the request of 
Stemco. On January 29, 2015, we extended the final results in this CCR 
to no later than April 1, 2015.\8\
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    \8\ See letter from Irene Darzenta Tzafolias, Acting Director, 
Office II, AD/CVD Operations, to SGBC/SKF, dated January 29, 2015.
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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 the People's 
Republic of 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) item numbers 8482.20.00, 8482.91.0050, 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 item numbers are 
provided for convenience and customs purposes, the written description 
of the scope of the order is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this CCR are addressed in the Issues and Decision Memorandum,\9\ which 
is hereby adopted by this notice. A list of the issues which parties 
have raised, and to which we have responded in the Issues and Decision 
Memorandum, is attached to this notice as Appendix I.
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    \9\ See the memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance entitled, ``Issues and Decision Memorandum for the Final 
Results of Antidumping Duty Changed Circumstances Review Requested 
by Shanghai General Bearing Co, Ltd.: Tapered Roller Bearings and 
Parts Thereof, Finished and Unfinished, from the People's Republic 
of China,'' dated concurrently with this notice (Issues and Decision 
Memorandum).
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    The Issues and Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's AD and 
Countervailing Duty (CVD) Centralized Electronic Service System 
(ACCESS).\10\ ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit (CRU), 
Room 7046 of the main Department of Commerce building. In addition, 
parties can obtain a complete version of the Issues and Decision 
Memorandum on the internet at http://trade.gov/enforcement/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic version of the Issues and Decision Memorandum are identical 
in content.
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    \10\ On November 24, 2014, Enforcement and Compliance changed 
the name of the Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (IA ACCESS) to AD and CVD Centralized 
Electronic Service System (ACCESS). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The final rule changing the references in the Department's 
regulations can be found at 79 FR 69046 (November 20, 2014).
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Final Results of Changed Circumstances Review

    In the Preliminary Results, we found SGBC/SKF to be the successor-
in-interest to SGBC because the information on the record indicated 
that SGBC/SKF continued to operate as essentially the same entity that 
was effectively revoked from the order as of June 1, 1994. In reaching 
this determination, we considered changes in SGBC's operations covering 
the period from revocation through August 1, 2012, with respect to 
several factors, including the following: (1) Management; (2) 
production facilities; (3) supplier relationships; and (4) customer 
base. After analyzing the comments received, and for the reasons stated 
in the Preliminary Results and discussed further in the Issues and 
Decision Memorandum, we continue to find that SGBC/SKF is the 
successor-in-interest to SGBC. As a result of this determination, we 
find that SGBC/SKF is entitled to SGBC's revoked status. Consequently, 
the Department will apply this determination retroactively and will 
instruct U.S. Customs and Border Protection to liquidate, without 
regard to antidumping duties, all unliquidated entries entered, or 
withdrawn from warehouse on or after August 1, 2012, the date of SGBC/
SKF's accession into the SKF Group, in accordance with past 
practice.\11\
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    \11\ See, e.g., Stainless Steel Wire Rod from Italy: Notice of 
Final Results of Changed Circumstances Antidumping Duty Review, 71 
FR 24643 (April 26, 2006) (where the Department applied the changed 
circumstances determination retroactively because the company in 
question was excluded from the AD order).
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Notification

    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 the return or

[[Page 19072]]

destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a sanctionable violation.
    This notice is issued and published in accordance with sections 
751(b)(1) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 
351.216 and 351.221(c)(3).

     Dated: April 1, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
    1. The Time Period Examined
    2. Whether the Department Should Distinguish Between Incremental 
vs. Rapid Changes
    3. Changes to the Four Factors Considered in Successor-in-
Interest Determinations Recommendation

[FR Doc. 2015-08222 Filed 4-8-15; 8:45 am]
 BILLING CODE 3510-DS-P