80_FR_79806 80 FR 79561 - Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Preliminary Rescission of Antidumping Duty New Shipper Review; 2014-2015

80 FR 79561 - Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Preliminary Rescission of Antidumping Duty New Shipper Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 245 (December 22, 2015)

Page Range79561-79562
FR Document2015-32161

Federal Register, Volume 80 Issue 245 (Tuesday, December 22, 2015) 
[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)]
[Notices]
[Pages 79561-79562]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32161]


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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 Rescission 
of Antidumping Duty New Shipper Review; 2014-2015

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

DATES: Effective date: December 22, 2015.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3874.

SUPPLEMENTARY INFORMATION:

Background

    On June 23, 2015, we received a timely request from Zhejiang 
Changxing CTL Auto Parts Manufacturing Co., Ltd., (Changxing) that the 
Department conduct a new shipper 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 (PRC).\1\ On 
August 3, 2015, the Department of Commerce (the Department) found that 
the request for review with respect to Changxing met all of the 
statutory and regulatory requirements for initiating an AD new shipper 
review.\2\
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    \1\ See Changxing's letter to the Department entitled, ``Tapered 
Roller Bearings from the People's Republic of China--Request for New 
Shipper Review,'' dated June 23, 2015.
    \2\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China: Initiation of 
Antidumping Duty New Shipper Reviews, 80 FR 45944 (August 3, 2015).
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    On September 21, 2015, we requested additional information from 
Changxing regarding entries to the United States that may have occurred 
prior to the period of review (POR) and relevant documentation for 
those entries.\3\ However, Changxing did not respond to the 
Department's request. On October 16, 2015, Changxing withdrew its 
request for a new shipper review.\4\
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    \3\ See Memorandum to The File entitled, ``Tapered Roller 
Bearings and Parts Thereof, Finished and Unfinished, From the 
People's Republic of China: New Shipper Review of Zhejiang Changxing 
CTL Auto Parts Manufacturing Co., Ltd.--Telephone Conversation with 
Representative,'' dated September 21, 2015.
    \4\ See Letter from Changxing Re: ``Tapered Roller Bearings from 
the People's Republic of China: Withdrawal of Request for New 
Shipper Review,'' dated October 16, 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 PRC; 
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, 8482.91.00.50, 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 item numbers are provided for 
convenience and customs purposes, the written description of the scope 
of the order is dispositive.

Application of Adverse Facts Available and Preliminary Rescission of 
Review

    Pursuant to 19 CFR 351.214(f)(1), the Department may rescind a new 
shipper review if the party that requested the review withdraws the 
request within 60 days of the date of publication of notice of 
initiation of the requested review. In this case, as noted above, 
Changxing submitted its withdrawal request on October 16, 2015, which 
is after the 60-day withdrawal deadline. Therefore, because the 
withdrawal request was untimely, we are not rescinding this review on 
this basis.
    Nonetheless, information on the record indicates that Changxing may 
have had entries of subject merchandise prior to its declared entry in 
this new shipper review. Changxing failed to respond to the 
Department's September 21, 2015, request for additional information 
regarding these entries, and indeed affirmatively withdrew from this 
proceeding. Because we find that Changxing has withheld information 
requested of it within the meaning of section 776(a)(2)(A) of the 
Tariff Act of 1930, as amended (the Act), we are making a determination 
on the basis of the facts otherwise available. In selecting from among 
the facts available, we find that an adverse inference pursuant to 
section 776(b) of the Act is appropriate due to Changxing's failure to 
act to the best of its ability in responding to the Department's 
request. As adverse facts available, we determine that Changxing had 
additional entries of subject merchandise that were not reported to the 
Department at the time of Changxing's request for a new shipper review.
    Based on the foregoing, we preliminarily find that Changxing does 
not meet the minimum requirements for a new shipper review under 19 CFR 
351.214(b)(2)(iv)(C) in that Changxing's request did not contain 
documentation establishing the date of its first sale to an 
unaffiliated customer in the United States. Because we find that 
Changxing's request for a new shipper review did not satisfy the 
regulatory requirements for initiation of a new shipper review, we are 
preliminarily rescinding the new shipper review of the AD order on TRBs 
from the PRC with respect to Changxing.

[[Page 79562]]

Public Comment

    Interested parties are invited to comment on this preliminary 
rescission and submit written arguments or case briefs within 30 days 
after the publication of this notice in the Federal Register, unless 
otherwise notified by the Department.\5\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed not later than five days 
after the date for filing case briefs.\6\ Parties who submit case or 
rebuttal briefs are requested to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\7\ Case and rebuttal briefs should be filed using 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS), which is available to 
registered users at http://access.trade.gov, and in the Central Records 
Unit, Room B0824 of the main Department of Commerce building.\8\
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    \5\ See 19 CFR 351.309(c)(1)(ii).
    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
    \8\ See 19 CFR 351.303.
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    Any interested party may request a hearing within 30 days after the 
day of publication of this notice.\9\ Hearing requests should contain 
the following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed.\10\ Issues raised in the hearing will be limited to those 
raised in case briefs. If a request for a hearing is made, parties will 
be notified of the date and time for the hearing to be held at the U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW, 
Washington, DC 20230.\11\
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    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310(d).
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    We intend to issue the final results of this new shipper review, 
including the results of our analysis of issues raised in any case 
briefs, within 90 days after the date on which this preliminary 
rescission is issued, unless the deadline for our final results is 
extended.\12\
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    \12\ See section 751(a)(2)(B)(iv) of the Act; and 19 CFR 
351.214(i).
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Assessment Rates

    As the Department intends to rescind this new shipper review, we 
are not making a determination as to whether Changxing qualifies for a 
separate rate. Therefore, if the Department proceeds to a final 
rescission, Changxing will remain part of the PRC entity and, 
accordingly, its entries covered by this new shipper review will be 
assessed at the PRC-wide rate.

Cash Deposit Requirements

    Effective upon publication of the final rescission of the new 
shipper review of Changxing, the Department will instruct U.S. Customs 
and Border Protection to discontinue the option of posting a bond or 
security in lieu of a cash deposit for entries of subject merchandise 
from Changxing.\13\ Because we did not calculate a dumping margin for 
Changxing or grant Changxing a separate rate in this new shipper 
review, we preliminarily find that Changxing continues to be part of 
the PRC-wide entity. The cash deposit rate for the PRC-wide entity is 
92.84 percent. These cash deposit requirements shall remain in effect 
until further notice.
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    \13\ See section 751(a)(2)(B)(iii) of the Act; 19 CFR 
351.214(e).
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This new shipper review and notice are in accordance with sections 
751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214(f)(3).

    Dated: December 15, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-32161 Filed 12-21-15; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices 79561 The products subject to these Operations, Office II, Enforcement and 8483.90.20, 8483.90.30, 8483.90.80, investigations are currently classified in the Compliance, International Trade 8708.70.6060, 8708.99.2300, Harmonized Tariff Schedule of the United Administration, U.S. Department of 8708.99.4850, 8708.99.6890, States (HTSUS) under item numbers: Commerce, 14th Street and Constitution 8708.99.8115, and 8708.99.8180. 7209.15.0000, 7209.16.0030, 7209.16.0060, 7209.16.0070, 7209.16.0091, 7209.17.0030, Avenue NW., Washington, DC 20230; Although the HTSUS item numbers are 7209.17.0060, 7209.17.0070, 7209.17.0091, telephone: (202) 482–3874. provided for convenience and customs 7209.18.1530, 7209.18.1560, 7209.18.2510, SUPPLEMENTARY INFORMATION: purposes, the written description of the 7209.18.2520, 7209.18.2580, 7209.18.6020, scope of the order is dispositive. 7209.18.6090, 7209.25.0000, 7209.26.0000, Background 7209.27.0000, 7209.28.0000, 7209.90.0000, Application of Adverse Facts Available On June 23, 2015, we received a 7210.70.3000, 7211.23.1500, 7211.23.2000, and Preliminary Rescission of Review timely request from Zhejiang Changxing 7211.23.3000, 7211.23.4500, 7211.23.6030, CTL Auto Parts Manufacturing Co., Ltd., Pursuant to 19 CFR 351.214(f)(1), the 7211.23.6060, 7211.23.6075, 7211.23.6085, 7211.29.2030, 7211.29.2090, 7211.29.4500, (Changxing) that the Department Department may rescind a new shipper 7211.29.6030, 7211.29.6080, 7211.90.0000, conduct a new shipper review of the review if the party that requested the 7212.40.1000, 7212.40.5000, 7225.50.6000, antidumping duty (AD) order on tapered review withdraws the request within 60 7225.50.8015, 7225.50.8085, 7225.99.0090, roller bearings and parts thereof, days of the date of publication of notice 7226.92.5000, 7226.92.7050, and finished and unfinished (TRBs) from the of initiation of the requested review. In 7226.92.8050. The products subject to the People’s Republic of China (PRC).1 On this case, as noted above, Changxing investigations may also enter under the August 3, 2015, the Department of submitted its withdrawal request on following HTSUS numbers: 7210.90.9000, Commerce (the Department) found that October 16, 2015, which is after the 60- 7212.50.0000, 7215.10.0010, 7215.10.0080, 7215.50.0016, 7215.50.0018, 7215.50.0020, the request for review with respect to day withdrawal deadline. Therefore, 7215.50.0061, 7215.50.0063, 7215.50.0065, Changxing met all of the statutory and because the withdrawal request was 7215.50.0090, 7215.90.5000, 7217.10.1000, regulatory requirements for initiating an untimely, we are not rescinding this 7217.10.2000, 7217.10.3000, 7217.10.7000, AD new shipper review.2 review on this basis. 7217.90.1000, 7217.90.5030, 7217.90.5060, On September 21, 2015, we requested Nonetheless, information on the 7217.90.5090, 7225.19.0000, 7226.19.1000, additional information from Changxing record indicates that Changxing may 7226.19.9000, 7226.99.0180, 7228.50.5015, regarding entries to the United States have had entries of subject merchandise 7228.50.5040, 7228.50.5070, that may have occurred prior to the 7228.60.8000,and 7229.90.1000. prior to its declared entry in this new period of review (POR) and relevant shipper review. Changxing failed to The HTSUS subheadings above are provided for convenience and customs documentation for those entries.3 respond to the Department’s September purposes only. The written description of the However, Changxing did not respond to 21, 2015, request for additional scope of the investigation is dispositive. the Department’s request. On October information regarding these entries, and [FR Doc. 2015–32215 Filed 12–21–15; 8:45 am] 16, 2015, Changxing withdrew its indeed affirmatively withdrew from this request for a new shipper review.4 proceeding. Because we find that BILLING CODE 3510–DS–P Scope of the Order Changxing has withheld information requested of it within the meaning of Imports covered by the order are section 776(a)(2)(A) of the Tariff Act of DEPARTMENT OF COMMERCE shipments of tapered roller bearings and 1930, as amended (the Act), we are International Trade Administration parts thereof, finished and unfinished, making a determination on the basis of from the PRC; flange, take up cartridge, the facts otherwise available. In [A–570–601] and hanger units incorporating tapered selecting from among the facts available, roller bearings; and tapered roller we find that an adverse inference Tapered Roller Bearings and Parts housings (except pillow blocks) pursuant to section 776(b) of the Act is Thereof, Finished and Unfinished, incorporating tapered rollers, with or appropriate due to Changxing’s failure From the People’s Republic of China: without spindles, whether or not for to act to the best of its ability in Preliminary Rescission of Antidumping automotive use. These products are responding to the Department’s request. Duty New Shipper Review; 2014–2015 currently classifiable under Harmonized As adverse facts available, we determine AGENCY: Enforcement and Compliance, Tariff Schedule of the United States that Changxing had additional entries of International Trade Administration, (HTSUS) item numbers 8482.20.00, subject merchandise that were not Department of Commerce. 8482.91.00.50, 8482.99.15, 8482.99.45, reported to the Department at the time DATES: Effective date: December 22, 8483.20.40, 8483.20.80, 8483.30.80, of Changxing’s request for a new 2015. shipper review. 1 See Changxing’s letter to the Department FOR FURTHER INFORMATION CONTACT: entitled, ‘‘Tapered Roller Bearings from the People’s Based on the foregoing, we Elizabeth Eastwood, AD/CVD Republic of China—Request for New Shipper preliminarily find that Changxing does Review,’’ dated June 23, 2015. not meet the minimum requirements for 2 See Tapered Roller Bearings and Parts Thereof, an actual thickness of 0.20 mm or more, in which a new shipper review under 19 CFR the core loss is substantially equal in any direction Finished and Unfinished, From the People’s Republic of China: Initiation of Antidumping Duty 351.214(b)(2)(iv)(C) in that Changxing’s of magnetization in the plane of the material. The term ‘substantially equal’ means that the cross grain New Shipper Reviews, 80 FR 45944 (August 3, request did not contain documentation direction of core loss is no more than 1.5 times the 2015). establishing the date of its first sale to straight grain direction (i.e., the rolling direction) of 3 See Memorandum to The File entitled, ‘‘Tapered an unaffiliated customer in the United core loss. NOES has a magnetic permeability that Roller Bearings and Parts Thereof, Finished and mstockstill on DSK4VPTVN1PROD with NOTICES States. Because we find that does not exceed 1.65 Tesla when tested at a field Unfinished, From the People’s Republic of China: of 800 A/m (equivalent to 10 Oersteds) along (i.e., New Shipper Review of Zhejiang Changxing CTL Changxing’s request for a new shipper parallel to) the rolling direction of the sheet (i.e., Auto Parts Manufacturing Co., Ltd.—Telephone review did not satisfy the regulatory B800 value). NOES contains by weight more than Conversation with Representative,’’ dated requirements for initiation of a new 1.00 percent of silicon but less than 3.5 percent of September 21, 2015. shipper review, we are preliminarily silicon, not more than 0.08 percent of carbon, and 4 See Letter from Changxing Re: ‘‘Tapered Roller not more than 1.5 percent of aluminum. NOES has Bearings from the People’s Republic of China: rescinding the new shipper review of a surface oxide coating, to which an insulation Withdrawal of Request for New Shipper Review,’’ the AD order on TRBs from the PRC coating may be applied.’’ dated October 16, 2015. with respect to Changxing. VerDate Sep<11>2014 17:21 Dec 21, 2015 Jkt 238001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\22DEN1.SGM 22DEN1

79562 Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices Public Comment Cash Deposit Requirements rolled steel flat products (cold-rolled Interested parties are invited to Effective upon publication of the final steel) from India. The period of comment on this preliminary rescission rescission of the new shipper review of investigation is January 1, 2014, through and submit written arguments or case Changxing, the Department will instruct December 31, 2014. We invite interested briefs within 30 days after the U.S. Customs and Border Protection to parties to comment on this preliminary publication of this notice in the Federal discontinue the option of posting a bond determination. Register, unless otherwise notified by or security in lieu of a cash deposit for DATES: Effective Date: December 22, the Department.5 Rebuttal briefs, limited entries of subject merchandise from 2015. to issues raised in the case briefs, may Changxing.13 Because we did not FOR FURTHER INFORMATION CONTACT: Erin be filed not later than five days after the calculate a dumping margin for Kearney or Trisha Tran, AD/CVD date for filing case briefs.6 Parties who Changxing or grant Changxing a Operations, Office IV, Enforcement and submit case or rebuttal briefs are separate rate in this new shipper review, Compliance, International Trade requested to submit with each we preliminarily find that Changxing Administration, U.S. Department of argument: (1) A statement of the issue; continues to be part of the PRC-wide Commerce, 14th Street and Constitution (2) a brief summary of the argument; entity. The cash deposit rate for the Avenue NW., Washington, DC 20230; and (3) a table of authorities.7 Case and PRC-wide entity is 92.84 percent. These telephone (202) 482–0167 and (202) rebuttal briefs should be filed using cash deposit requirements shall remain 482–4852, respectively. Enforcement and Compliance’s in effect until further notice. SUPPLEMENTARY INFORMATION: Antidumping and Countervailing Duty Notification to Importers Centralized Electronic Service System Scope of the Investigation (ACCESS), which is available to This notice also serves as a The products covered by this registered users at http:// preliminary reminder to importers of investigation are cold-rolled steel flat access.trade.gov, and in the Central their responsibility under 19 CFR products from India. For a complete Records Unit, Room B0824 of the main 351.402(f)(2) to file a certificate description of the scope of this Department of Commerce building.8 regarding the reimbursement of investigation, see Appendix II. Any interested party may request a antidumping duties prior to liquidation hearing within 30 days after the day of of the relevant entries during this Methodology publication of this notice.9 Hearing review period. Failure to comply with The Department is conducting this requests should contain the following this requirement could result in the countervailing duty (CVD) investigation information: (1) The party’s name, Department’s presumption that in accordance with section 701 of the address, and telephone number; (2) the reimbursement of antidumping duties Tariff Act of 1930, as amended (the Act). number of participants; and (3) a list of occurred and the subsequent assessment For each of the subsidy programs found issues to be discussed.10 Issues raised in of double antidumping duties. countervailable, we preliminarily the hearing will be limited to those This new shipper review and notice determine that there is a subsidy, i.e., a raised in case briefs. If a request for a are in accordance with sections financial contribution by an ‘‘authority’’ hearing is made, parties will be notified 751(a)(2)(B) and 777(i) of the Act and 19 that gives rise to a benefit to the of the date and time for the hearing to CFR 351.214(f)(3). recipient, and that the subsidy is be held at the U.S. Department of Dated: December 15, 2015. specific.1 For a full description of the Commerce, 14th Street and Constitution Paul Piquado, methodology underlying our Avenue NW, Washington, DC 20230.11 Assistant Secretary for Enforcement and preliminary conclusions, see the We intend to issue the final results of Compliance. Preliminary Decision Memorandum.2 A this new shipper review, including the [FR Doc. 2015–32161 Filed 12–21–15; 8:45 am] list of topics discussed in the results of our analysis of issues raised in BILLING CODE 3510–DS–P Preliminary Decision Memorandum is any case briefs, within 90 days after the included as Appendix I to this notice. date on which this preliminary The Preliminary Decision Memorandum rescission is issued, unless the deadline DEPARTMENT OF COMMERCE is a public document and is on file for our final results is extended.12 electronically via Enforcement and International Trade Administration Compliance’s Antidumping and Assessment Rates [C–533–866] Countervailing Duty Centralized As the Department intends to rescind Electronic Service System (ACCESS). this new shipper review, we are not Countervailing Duty Investigation of ACCESS is available to registered users making a determination as to whether Certain Cold-Rolled Steel Flat Products at https://access.trade.gov and it is Changxing qualifies for a separate rate. From India: Preliminary Affirmative available to all parties in the Central Therefore, if the Department proceeds to Determination and Alignment of Final Records Unit, room B8024 of the main a final rescission, Changxing will Determination With Final Antidumping Department of Commerce building. In remain part of the PRC entity and, Duty Determination addition, a complete version of the accordingly, its entries covered by this new shipper review will be assessed at AGENCY: Enforcement and Compliance, 1 See sections 771(5)(B) and (D) of the Act the PRC-wide rate. International Trade Administration, regarding financial contribution; section 771(5)(E) Department of Commerce. of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. mstockstill on DSK4VPTVN1PROD with NOTICES 5 See 19 CFR 351.309(c)(1)(ii). 6 See SUMMARY: The Department of Commerce 2 See Memorandum from Christian Marsh, Deputy 19 CFR 351.309(d). 7 See 19 CFR 351.309(c)(2) and (d)(2). (the Department) preliminarily Assistance Secretary for Antidumping and 8 See 19 CFR 351.303. determines that countervailable Countervailing Duty Operations, to Paul Piquado, 9 See 19 CFR 351.310(c). subsidies are being provided to Assistant Secretary for Enforcement and Compliance, ‘‘Decision Memorandum for the 10 See 19 CFR 351.310(c). producers/exporters of certain cold- Preliminary Results of the Countervailing Duty 11 See 19 CFR 351.310(d). Investigation of Certain Cold-Rolled Steel Flat 12 See section 751(a)(2)(B)(iv) of the Act; and 19 13 See section 751(a)(2)(B)(iii) of the Act; 19 CFR Products from India,’’ dated concurrently with this CFR 351.214(i). 351.214(e). notice (‘‘Preliminary Decision Memorandum’’). VerDate Sep<11>2014 17:21 Dec 21, 2015 Jkt 238001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\22DEN1.SGM 22DEN1


Document Created: 2015-12-22 02:31:05
Document Modified: 2015-12-22 02:31:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactElizabeth Eastwood, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3874.
FR Citation80 FR 79561 
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