82_FR_4854 82 FR 4844 - Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, and Rescission of New Shipper Review; 2014-2015

82 FR 4844 - Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, and Rescission of New Shipper Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 10 (January 17, 2017)

Page Range4844-4846
FR Document2017-00827

On July 14, 2016, the Department of Commerce (Department) published the preliminary results of the 28th administrative and new shipper reviews of the antidumping duty order on tapered roller bearings and parts thereof, finished and unfinished (TRBs), from the People's Republic of China (PRC). The period of review (POR) is June 1, 2014, through May 31, 2015. After analyzing the comments received, we made no changes to the margin calculations in the administrative review and we are rescinding the new shipper review (NSR). The final weighted- average dumping margins for the reviewed firms are listed below in the section entitled ``Final Results of the Review.''

Federal Register, Volume 82 Issue 10 (Tuesday, January 17, 2017)
[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
[Notices]
[Pages 4844-4846]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00827]


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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: Final Results of 
Antidumping Duty Administrative Review, and Rescission of New Shipper 
Review; 2014-2015

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

SUMMARY: On July 14, 2016, the Department of Commerce (Department) 
published the preliminary results of the 28th administrative and new 
shipper reviews of the antidumping duty order on tapered roller 
bearings and parts thereof, finished and unfinished (TRBs), from the 
People's Republic of China (PRC). The period of review (POR) is June 1, 
2014, through May 31, 2015. After analyzing the comments received, we 
made no changes to the margin calculations in the administrative review 
and we are rescinding the new shipper review (NSR). The final weighted-
average dumping margins for the reviewed firms are listed below in the 
section entitled ``Final Results of the Review.''

DATES: Effective January 17, 2017.

FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or Manuel Rey, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-6345 or (202) 482-5518, respectively.

Background

    These final results of administrative review cover four exporters 
of the subject merchandise, Changshan Peer Bearing Co. Ltd. (CPZ/SKF), 
Haining Nice Flourish Auto Parts Co., Ltd. (Nice Flourish), Roci 
International (HK) Limited (Roci), and Yantai CMC Bearing Co., Ltd. 
(Yantai CMC). The Department selected CPZ/SKF and Yantai CMC as 
mandatory respondents for individual examination; however, we 
subsequently found that Yantai CMC does not qualify for a separate 
rate. The NSR covers Shandong Bolong Bearing Co., Ltd. (Bolong).
    On July 14, 2016, the Department published the Preliminary 
Results.\1\ In the Preliminary Results, we found that Bolong's sale to 
the United States is not bona fide, as required by section 
751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the Act), and, 
therefore, we indicated that we intended to rescind the NSR.
---------------------------------------------------------------------------

    \1\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China: Preliminary 
Results, Partial Rescission of Antidumping Duty Administrative 
Review, and Preliminary Rescission of New Shipper Review; 2014-2015, 
81 FR 45455 (July 14, 2016) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    In August 2016, we received case briefs from the Timken Company 
(the petitioner), Bolong and Yantai CMC. In September 2016, we received 
rebuttal briefs from the petitioner and CPZ/SKF. In October 2016, the 
Department held a public hearing in the administrative review at the 
request of the petitioner.
    In November 2016, the Department extended the deadline for the 
final results by 60 days to January 10, 2017.\2\
---------------------------------------------------------------------------

    \2\ See Memorandum from Manuel Rey, International Trade 
Compliance Analyst, Office II, Antidumping and Countervailing Duty 
Operations, to Christian Marsh, Deputy Assistant Secretary for AD/
CVD Operations, entitled, ``Tapered Roller Bearings and Parts 
Thereof, Finished or Unfinished, From the People's Republic of 
China: Extension of Deadline for the Final Results of Antidumping 
Duty Administrative, Changed Circumstances, and New Shipper 
Reviews,'' dated November 1, 2016.
---------------------------------------------------------------------------

    The Department conducted this review in accordance with section 751 
of the Act.

Scope of the Order \3\
---------------------------------------------------------------------------

    \3\ See Notice of Antidumping Duty Order; Tapered Roller 
Bearings and Parts Thereof, Finished or Unfinished, From the 
People's Republic of China, 52 FR 22667 (June 15, 1987) (Order).
---------------------------------------------------------------------------

    The merchandise covered by the order includes tapered roller 
bearings and parts thereof. The subject merchandise is 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. The HTSUS subheadings are provided for convenience 
and customs purposes

[[Page 4845]]

only; the written description of the scope of the order is 
dispositive.\4\
---------------------------------------------------------------------------

    \4\ For a complete description of the scope of the order, see 
the ``Issues and Decision Memorandum for the Antidumping Duty 
Administrative Review (2014-2015): Tapered Roller Bearings and Parts 
Thereof, Finished and Unfinished, from the People's Republic of 
China,'' from Gary Taverman, Associate Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Antidumping and Countervialing Duty 
Operations, dated concurrently with, and adopted by, this notice 
(Issues and Decision Memo).
---------------------------------------------------------------------------

Separate Rates

    In the Preliminary Results, we found that evidence provided by CPZ/
SKF, Nice Flourish, and Roci supported finding an absence of both de 
jure and de facto government control, and, therefore, we preliminarily 
granted a separate rate to each of these companies.\5\ We received no 
information since the issuance of the Preliminary Results that provides 
a basis for reconsidering these determinations. Therefore, for the 
final results, we continue to find that CPZ/SKF, Nice Flourish, and 
Roci are eligible for separate rates.
---------------------------------------------------------------------------

    \5\ Id., at 2-5.
---------------------------------------------------------------------------

    With respect to Yantai CMC, however, we determined in the 
Preliminary Results that this company failed to demonstrate an absence 
of de facto government control, and, thus, the Department did not grant 
Yantai CMC a separate rate. For these final results, we continue to 
find, based on record evidence, that Yantai CMC failed to demonstrate 
an absence of de facto government control. Accordingly, we are not 
granting Yantai CMC a separate rate. For further discussion of this 
issue, see Comments 2 through 5 of the accompanying Issues and Decision 
Memorandum.

Weighted-Average Dumping Margin for the Non-Examined, Separate-Rate 
Companies

    In accordance with the U.S. Court of Appeals for the Federal 
Circuit's decision in Albemarle Corp. v. United States, we are applying 
to the exporters subject to this review that are determined to be 
eligible for a separate rate, but are not selected as individually 
examined respondents, the rate calculated for the mandatory respondent, 
CPZ/SKF, which is de minimis.\6\
---------------------------------------------------------------------------

    \6\ See, Albemarle Corp. & Subsidiaries v. United States, 821 
F.3d 1345 (Fed. Cir. 2016).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review and new shipper review are addressed in the 
Issues and Decision Memorandum. A list of the issues which parties 
raised and to which we respond in the Issues and Decision Memo is 
attached to this notice as an Appendix. The Issues and 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, and it is available to 
all parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly at http://trade.gov/enforcement. The signed Issues and Decision Memorandum and 
the electronic version of the Issues and Decision Memorandum are 
identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made no changes 
in the margin calculation for CPZ/SKF.

Rescission of New Shipper Review

    For the reasons explained in the Issues and Decision Memorandum, 
the Department continues to find that Bolong's sale is non-bona fide. 
Because the non-bona fide sale was the only reported sale of subject 
merchandise during the POR, and thus there are no reviewable 
transactions, the Department is rescinding the NSR.

Period of Review

    The POR is June 1, 2014, through May 31, 2015.

Final Results of the Administrative Review

    Because Yantai CMC did not demonstrate that it is entitled to a 
separate rate, the Department finds Yantai CMC to be part of the PRC-
wide entity. No party requested a review of the PRC-wide entity. 
Therefore, we did not conduct a review of the PRC-wide entity and the 
entity's rate is not subject to change.\7\ The rate previously 
established for the PRC-wide entity is 92.84 percent.
---------------------------------------------------------------------------

    \7\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
(NME) in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 
(November 4, 2013).
---------------------------------------------------------------------------

    Additionally, we are assigning the following weighted-average 
dumping margins to the firms listed below for the period June 1, 2014, 
through May 31, 2015:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporters                             dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Changshan Peer Bearing Co., Ltd.............................        0.00
Haining Nice Flourish Auto Parts Co., Ltd *.................        0.00
Roci International (HK) Limited *...........................        0.00
------------------------------------------------------------------------
* This company demonstrated eligibility for a separate rate in this
  administrative review.

Disclosure

    We intend to disclose the calculations performed within five days 
of the date of publication of this notice to parties in this proceeding 
in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), the Department has determined, and Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise, where applicable, in accordance with 
the final results of this review. The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
these final results of review.
    Pursuant to the Final Modification for Reviews,\8\ because the 
above-listed respondents' weighted-average dumping margins are zero, we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties.\9\
---------------------------------------------------------------------------

    \8\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification for Reviews).
    \9\ Id., 77 FR at 8102.
---------------------------------------------------------------------------

    For Yantai CMC, because the Department determined that this company 
did not qualify for a separate rate, we will instruct CBP to assess 
dumping duties on the company's entries of subject merchandise at the 
rate of 92.84 percent.
    For Bolong, because the Department rescinded the NSR, the 
Department will instruct CBP to discontinue the option of posting a 
bond or security in lieu of a cash deposit for entries of subject 
merchandise from Bolong. Bolong continues to be part of the PRC-wide 
entity and, therefore, we also will instruct CBP to assess dumping 
duties on the company's entries of subject merchandise at the rate of 
92.84 percent.
    For entries that were not reported in the U.S. sales database 
submitted by an exporter individually examined during this review, the 
Department will

[[Page 4846]]

instruct CBP to liquidate such entries at the PRC-wide rate.

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, 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 de minimis, then a cash deposit rate of zero 
will be established for that company); (2) for previously investigated 
or reviewed PRC and non-PRC exporters not listed above that currently 
have separate a rate, the cash deposit rate will continue to be the 
exporter-specific rate published for the most recently completed 
segment of this proceeding where the exporter received that separate 
rate; (3) for all PRC exporters of subject merchandise that have not 
been found to be entitled to a separate rate, the cash deposit rate 
will be the rate for the PRC-wide entity, 92.84 percent; and (4) for 
all non-PRC exporters of subject merchandise which have not received 
their own separate rate, the cash deposit rate will be the rate 
applicable to the PRC exporter that supplied that non-PRC exporter.
    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notifications to Importers

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

Notifications to Interested Parties

    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 return or destruction of APO materials, or conversion 
to judicial protective order, is hereby requested. Failure to comply 
with the regulations and the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these results of review in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: January 10, 2017.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issues
    a. Surrogate Value for Truck Freight
    b. The Department Should Grant Yantai CMC a Separate Rate
    c. The Denial of Separate Rate Status for Yantai CMC Is Not 
Supported by Record Evidence
    d. The Rate Assigned to Yantai CMC
    e. The Department's Separate Rates Test and the Rate Assigned to 
Yantai CMC Are Inconsistent With the WTO Agreements
    f. The Department Should Continue the NSR and Calculate a Margin 
for the Final
5. Conclusion
[FR Doc. 2017-00827 Filed 1-13-17; 8:45 am]
BILLING CODE 3510-DS-P



                                                4844                          Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices

                                                that is subject to the Regulations, or in                  Fifth, the Proposed Charging Letter,                Flourish), Roci International (HK)
                                                any other activity subject to the                       the Settlement Agreement, and this                     Limited (Roci), and Yantai CMC Bearing
                                                Regulations.                                            Order shall be made available to the                   Co., Ltd. (Yantai CMC). The Department
                                                   Second, no person may, directly or                   public.                                                selected CPZ/SKF and Yantai CMC as
                                                indirectly, do any of the following:                       Sixth, this Order shall be served on                mandatory respondents for individual
                                                   A. Export or reexport to or on behalf                Tyloo, and shall be published in the                   examination; however, we subsequently
                                                of the Denied Person any item subject to                Federal Register.                                      found that Yantai CMC does not qualify
                                                the Regulations;                                           This Order, which constitutes the                   for a separate rate. The NSR covers
                                                   B. Take any action that facilitates the              final agency action in this matter, is                 Shandong Bolong Bearing Co., Ltd.
                                                acquisition or attempted acquisition by                 effective immediately.                                 (Bolong).
                                                the Denied Person of the ownership,                       Issued this 10th day of January, 2017.                 On July 14, 2016, the Department
                                                possession, or control of any item                      Richard R. Majauskas,                                  published the Preliminary Results.1 In
                                                subject to the Regulations that has been                Acting Assistant Secretary for Export                  the Preliminary Results, we found that
                                                or will be exported from the United                     Enforcement.                                           Bolong’s sale to the United States is not
                                                States, including financing or other                    [FR Doc. 2017–00893 Filed 1–13–17; 8:45 am]            bona fide, as required by section
                                                support activities related to a                         BILLING CODE P
                                                                                                                                                               751(a)(2)(B)(iv) of the Tariff Act of 1930,
                                                transaction whereby the Denied Person                                                                          as amended (the Act), and, therefore, we
                                                acquires or attempts to acquire such                                                                           indicated that we intended to rescind
                                                ownership, possession or control;                       DEPARTMENT OF COMMERCE                                 the NSR.
                                                   C. Take any action to acquire from or                                                                         In August 2016, we received case
                                                to facilitate the acquisition or attempted              International Trade Administration                     briefs from the Timken Company (the
                                                acquisition from the Denied Person of                                                                          petitioner), Bolong and Yantai CMC. In
                                                                                                        [A–570–601]
                                                any item subject to the Regulations that                                                                       September 2016, we received rebuttal
                                                has been exported from the United                       Tapered Roller Bearings and Parts                      briefs from the petitioner and CPZ/SKF.
                                                States;                                                 Thereof, Finished and Unfinished,                      In October 2016, the Department held a
                                                   D. Obtain from the Denied Person in                  From the People’s Republic of China:                   public hearing in the administrative
                                                the United States any item subject to the               Final Results of Antidumping Duty                      review at the request of the petitioner.
                                                Regulations with knowledge or reason                    Administrative Review, and Rescission                    In November 2016, the Department
                                                to know that the item will be, or is                    of New Shipper Review; 2014–2015                       extended the deadline for the final
                                                intended to be, exported from the                                                                              results by 60 days to January 10, 2017.2
                                                United States; or                                       AGENCY:   Enforcement and Compliance,                    The Department conducted this
                                                   E. Engage in any transaction to service              International Trade Administration,                    review in accordance with section 751
                                                any item subject to the Regulations that                Department of Commerce.                                of the Act.
                                                has been or will be exported from the                   SUMMARY: On July 14, 2016, the
                                                                                                        Department of Commerce (Department)                    Scope of the Order 3
                                                United States and which is owned,
                                                possessed or controlled by the Denied                   published the preliminary results of the                  The merchandise covered by the order
                                                Person, or service any item, of whatever                28th administrative and new shipper                    includes tapered roller bearings and
                                                origin, that is owned, possessed or                     reviews of the antidumping duty order                  parts thereof. The subject merchandise
                                                controlled by the Denied Person if such                 on tapered roller bearings and parts                   is currently classifiable under
                                                service involves the use of any item                    thereof, finished and unfinished (TRBs),               Harmonized Tariff Schedule of the
                                                subject to the Regulations that has been                from the People’s Republic of China                    United States (HTSUS) subheadings:
                                                or will be exported from the United                     (PRC). The period of review (POR) is                   8482.20.00, 8482.91.00.50, 8482.99.15,
                                                States. For purposes of this paragraph,                 June 1, 2014, through May 31, 2015.                    8482.99.45, 8483.20.40, 8483.20.80,
                                                servicing means installation,                           After analyzing the comments received,                 8483.30.80, 8483.90.20, 8483.90.30,
                                                maintenance, repair, modification or                    we made no changes to the margin                       8483.90.80, 8708.70.6060, 8708.99.2300,
                                                testing.                                                calculations in the administrative                     8708.99.4850, 8708.99.6890,
                                                   Third, after notice and opportunity for              review and we are rescinding the new                   8708.99.8115, and 8708.99.8180. The
                                                comment as provided in Section 766.23                   shipper review (NSR). The final                        HTSUS subheadings are provided for
                                                of the Regulations, any person, firm,                   weighted-average dumping margins for                   convenience and customs purposes
                                                corporation, or business organization                   the reviewed firms are listed below in
                                                related to the Denied Person by                         the section entitled ‘‘Final Results of the              1 See Tapered Roller Bearings and Parts Thereof,

                                                affiliation, ownership, control, or                     Review.’’                                              Finished and Unfinished, From the People’s
                                                                                                                                                               Republic of China: Preliminary Results, Partial
                                                position of responsibility in the conduct               DATES: Effective January 17, 2017.
                                                                                                                                                               Rescission of Antidumping Duty Administrative
                                                of trade or related services may also be                FOR FURTHER INFORMATION CONTACT:                       Review, and Preliminary Rescission of New Shipper
                                                made subject to the provisions of this                  Blaine Wiltse or Manuel Rey,                           Review; 2014–2015, 81 FR 45455 (July 14, 2016)
                                                Order.                                                                                                         (Preliminary Results), and accompanying
                                                                                                        Enforcement and Compliance,                            Preliminary Decision Memorandum.
                                                   Fourth, Tyloo shall not take any                     International Trade Administration,                      2 See Memorandum from Manuel Rey,
                                                action or make or permit to be made any                 U.S. Department of Commerce, 1401                      International Trade Compliance Analyst, Office II,
                                                public statement, directly or indirectly,               Constitution Avenue NW., Washington,                   Antidumping and Countervailing Duty Operations,
                                                denying the allegations in the Proposed                 DC 20230; telephone: (202) 482–6345 or                 to Christian Marsh, Deputy Assistant Secretary for
                                                Charging Letter or this Order. The                                                                             AD/CVD Operations, entitled, ‘‘Tapered Roller
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        (202) 482–5518, respectively.                          Bearings and Parts Thereof, Finished or Unfinished,
                                                foregoing does not affect Tyloo’s                                                                              From the People’s Republic of China: Extension of
                                                testimonial obligations in any                          Background                                             Deadline for the Final Results of Antidumping Duty
                                                proceeding; nor does it affect his right                  These final results of administrative                Administrative, Changed Circumstances, and New
                                                to take legal or factual positions in civil             review cover four exporters of the                     Shipper Reviews,’’ dated November 1, 2016.
                                                                                                                                                                 3 See Notice of Antidumping Duty Order; Tapered
                                                litigation or other civil proceedings in                subject merchandise, Changshan Peer                    Roller Bearings and Parts Thereof, Finished or
                                                which the U.S. Department of                            Bearing Co. Ltd. (CPZ/SKF), Haining                    Unfinished, From the People’s Republic of China,
                                                Commerce is not a party.                                Nice Flourish Auto Parts Co., Ltd. (Nice               52 FR 22667 (June 15, 1987) (Order).



                                           VerDate Sep<11>2014   18:21 Jan 13, 2017   Jkt 241001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\17JAN1.SGM   17JAN1


                                                                              Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices                                                                4845

                                                only; the written description of the                    Decision Memorandum. A list of the                                                                         Weighted-
                                                scope of the order is dispositive.4                     issues which parties raised and to                                                                          average
                                                                                                        which we respond in the Issues and                                      Exporters                          dumping
                                                Separate Rates                                                                                                                                                       margin
                                                                                                        Decision Memo is attached to this notice                                                                   (percent)
                                                   In the Preliminary Results, we found                 as an Appendix. The Issues and
                                                that evidence provided by CPZ/SKF,                      Decision Memorandum is a public                        Changshan Peer Bearing Co.,
                                                Nice Flourish, and Roci supported                       document and is on file electronically                   Ltd ...........................................        0.00
                                                finding an absence of both de jure and                  via Enforcement and Compliance’s                       Haining Nice Flourish Auto Parts
                                                de facto government control, and,                       Antidumping and Countervailing Duty                      Co., Ltd * .................................           0.00
                                                therefore, we preliminarily granted a                   Centralized Electronic Service System                  Roci International (HK) Limited *                        0.00
                                                separate rate to each of these                          (ACCESS). ACCESS is available to                         * This company demonstrated eligibility for a
                                                companies.5 We received no                              registered users at https://                           separate rate in this administrative review.
                                                information since the issuance of the                   access.trade.gov, and it is available to
                                                Preliminary Results that provides a basis               all parties in the Central Records Unit,               Disclosure
                                                for reconsidering these determinations.                 room B8024 of the main Department of                     We intend to disclose the calculations
                                                Therefore, for the final results, we                    Commerce building. In addition, a                      performed within five days of the date
                                                continue to find that CPZ/SKF, Nice                     complete version of the Issues and                     of publication of this notice to parties in
                                                Flourish, and Roci are eligible for                     Decision Memorandum can be accessed                    this proceeding in accordance with 19
                                                separate rates.                                         directly at http://trade.gov/enforcement.              CFR 351.224(b).
                                                   With respect to Yantai CMC, however,                 The signed Issues and Decision
                                                we determined in the Preliminary                        Memorandum and the electronic                          Assessment Rates
                                                Results that this company failed to                     version of the Issues and Decision                        Pursuant to section 751(a)(2)(C) of the
                                                demonstrate an absence of de facto                      Memorandum are identical in content.                   Act, and 19 CFR 351.212(b)(1), the
                                                government control, and, thus, the                                                                             Department has determined, and
                                                Department did not grant Yantai CMC a                   Changes Since the Preliminary Results
                                                                                                                                                               Customs and Border Protection (CBP)
                                                separate rate. For these final results, we                Based on our analysis of the                         shall assess, antidumping duties on all
                                                continue to find, based on record                       comments received, we made no                          appropriate entries of subject
                                                evidence, that Yantai CMC failed to                     changes in the margin calculation for                  merchandise, where applicable, in
                                                demonstrate an absence of de facto                      CPZ/SKF.                                               accordance with the final results of this
                                                government control. Accordingly, we                                                                            review. The Department intends to issue
                                                are not granting Yantai CMC a separate                  Rescission of New Shipper Review
                                                                                                           For the reasons explained in the                    assessment instructions to CBP 15 days
                                                rate. For further discussion of this issue,
                                                                                                        Issues and Decision Memorandum, the                    after the date of publication of these
                                                see Comments 2 through 5 of the
                                                                                                        Department continues to find that                      final results of review.
                                                accompanying Issues and Decision
                                                Memorandum.                                             Bolong’s sale is non-bona fide. Because                   Pursuant to the Final Modification for
                                                                                                        the non-bona fide sale was the only                    Reviews,8 because the above-listed
                                                Weighted-Average Dumping Margin for                     reported sale of subject merchandise                   respondents’ weighted-average dumping
                                                the Non-Examined, Separate-Rate                         during the POR, and thus there are no                  margins are zero, we will instruct CBP
                                                Companies                                               reviewable transactions, the Department                to liquidate the appropriate entries
                                                  In accordance with the U.S. Court of                  is rescinding the NSR.                                 without regard to antidumping duties.9
                                                Appeals for the Federal Circuit’s                                                                                 For Yantai CMC, because the
                                                decision in Albemarle Corp. v. United                   Period of Review                                       Department determined that this
                                                States, we are applying to the exporters                  The POR is June 1, 2014, through May                 company did not qualify for a separate
                                                subject to this review that are                         31, 2015.                                              rate, we will instruct CBP to assess
                                                determined to be eligible for a separate                                                                       dumping duties on the company’s
                                                                                                        Final Results of the Administrative
                                                rate, but are not selected as individually                                                                     entries of subject merchandise at the
                                                                                                        Review
                                                examined respondents, the rate                                                                                 rate of 92.84 percent.
                                                calculated for the mandatory                              Because Yantai CMC did not                              For Bolong, because the Department
                                                respondent, CPZ/SKF, which is de                        demonstrate that it is entitled to a                   rescinded the NSR, the Department will
                                                minimis.6                                               separate rate, the Department finds                    instruct CBP to discontinue the option
                                                                                                        Yantai CMC to be part of the PRC-wide                  of posting a bond or security in lieu of
                                                Analysis of Comments Received                           entity. No party requested a review of                 a cash deposit for entries of subject
                                                  All issues raised in the case and                     the PRC-wide entity. Therefore, we did                 merchandise from Bolong. Bolong
                                                rebuttal briefs by parties to this                      not conduct a review of the PRC-wide                   continues to be part of the PRC-wide
                                                administrative review and new shipper                   entity and the entity’s rate is not subject            entity and, therefore, we also will
                                                review are addressed in the Issues and                  to change.7 The rate previously                        instruct CBP to assess dumping duties
                                                                                                        established for the PRC-wide entity is                 on the company’s entries of subject
                                                  4 For a complete description of the scope of the      92.84 percent.                                         merchandise at the rate of 92.84 percent.
                                                order, see the ‘‘Issues and Decision Memorandum           Additionally, we are assigning the
                                                for the Antidumping Duty Administrative Review                                                                    For entries that were not reported in
                                                                                                        following weighted-average dumping
                                                (2014–2015): Tapered Roller Bearings and Parts                                                                 the U.S. sales database submitted by an
                                                Thereof, Finished and Unfinished, from the              margins to the firms listed below for the
                                                                                                                                                               exporter individually examined during
                                                People’s Republic of China,’’ from Gary Taverman,       period June 1, 2014, through May 31,
                                                                                                                                                               this review, the Department will
sradovich on DSK3GMQ082PROD with NOTICES




                                                Associate Deputy Assistant Secretary for                2015:
                                                Antidumping and Countervailing Duty Operations,
                                                to Paul Piquado, Assistant Secretary for                  7 See Antidumping Proceedings: Announcement            8 See Antidumping Proceedings: Calculation of
                                                Antidumping and Countervialing Duty Operations,         of Change in Department Practice for Respondent        the Weighted-Average Dumping Margin and
                                                dated concurrently with, and adopted by, this           Selection in Antidumping Duty Proceedings and          Assessment Rate in Certain Antidumping Duty
                                                notice (Issues and Decision Memo).                      Conditional Review of the Nonmarket Economy            Proceedings; Final Modification, 77 FR 8101
                                                  5 Id., at 2–5.                                                                                               (February 14, 2012) (Final Modification for
                                                                                                        Entity (NME) in NME Antidumping Duty
                                                  6 See, Albemarle Corp. & Subsidiaries v. United       Proceedings, 78 FR 65963, 65970 (November 4,           Reviews).
                                                States, 821 F.3d 1345 (Fed. Cir. 2016).                 2013).                                                   9 Id., 77 FR at 8102.




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                                                4846                          Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices

                                                instruct CBP to liquidate such entries at               with the regulations and the terms of an               DATES:   Effective December 27, 2016.
                                                the PRC-wide rate.                                      APO is a sanctionable violation.                       FOR FURTHER INFORMATION CONTACT:
                                                                                                          We are issuing and publishing these                  Stephanie Moore, AD/CVD Operations,
                                                Cash Deposit Requirements
                                                                                                        results of review in accordance with                   Office III, Enforcement and Compliance,
                                                   The following cash deposit                           sections 751(a)(1) and 777(i)(1) of the                International Trade Administration,
                                                requirements will be effective upon                     Act.                                                   U.S. Department of Commerce, 1401
                                                publication of the final results of this                                                                       Constitution Avenue NW., Washington,
                                                                                                          Dated: January 10, 2017.
                                                administrative review for all shipments                                                                        DC 20230; telephone: (202) 482–3692.
                                                of the subject merchandise entered, or                  Paul Piquado,
                                                                                                        Assistant Secretary for Enforcement and                SUPPLEMENTARY INFORMATION:
                                                withdrawn from warehouse, for
                                                consumption on or after the publication                 Compliance.                                            Background
                                                date, as provided for by section                        Appendix—List of Topics Discussed in                     On March 15, 2010, the Department of
                                                751(a)(2)(C) of the Act: (1) For the                    the Issues and Decision Memorandum                     Commerce (the Department) issued the
                                                exporters listed above, the cash deposit                                                                       Final Results.1 Four parties contested
                                                                                                        1. Summary
                                                rate will be equal to the weighted-                                                                            the Department’s findings in the Final
                                                                                                        2. Background
                                                average dumping margin established in                   3. Scope of the Order                                  Results. Three of the four plaintiffs,
                                                the final results of this review (except,               4. Discussion of the Issues                            Union, HYSCO, and Dongbu, are Korean
                                                if the rate is de minimis, then a cash                     a. Surrogate Value for Truck Freight                producers/exporters of certain
                                                deposit rate of zero will be established                   b. The Department Should Grant Yantai               corrosion-resistant steel flat products
                                                for that company); (2) for previously                         CMC a Separate Rate
                                                                                                                                                               (CORE). Union and HYSCO were
                                                investigated or reviewed PRC and non-                      c. The Denial of Separate Rate Status for
                                                                                                              Yantai CMC Is Not Supported by Record            mandatory respondents in the fifteenth
                                                PRC exporters not listed above that                                                                            administrative review; Dongbu was an
                                                currently have separate a rate, the cash                      Evidence
                                                                                                           d. The Rate Assigned to Yantai CMC                  unexamined respondent subject to the
                                                deposit rate will continue to be the                                                                           non-selected rate. The remaining
                                                                                                           e. The Department’s Separate Rates Test
                                                exporter-specific rate published for the                      and the Rate Assigned to Yantai CMC              plaintiff, United States Steel
                                                most recently completed segment of this                       Are Inconsistent With the WTO                    Corporation (U.S. Steel), was a
                                                proceeding where the exporter received                        Agreements                                       petitioner in the fifteenth administrative
                                                that separate rate; (3) for all PRC                        f. The Department Should Continue the               review.
                                                exporters of subject merchandise that                         NSR and Calculate a Margin for the Final           In the Final Results, the Department
                                                have not been found to be entitled to a                 5. Conclusion
                                                                                                                                                               assigned weighted-average dumping
                                                separate rate, the cash deposit rate will               [FR Doc. 2017–00827 Filed 1–13–17; 8:45 am]
                                                                                                                                                               margins of 14.01 percent to Union and
                                                be the rate for the PRC-wide entity,                    BILLING CODE 3510–DS–P
                                                                                                                                                               3.29 percent to HYSCO.2 As an
                                                92.84 percent; and (4) for all non-PRC                                                                         unexamined respondent, Dongbu
                                                exporters of subject merchandise which                                                                         received the margin of 8.65 percent that
                                                have not received their own separate                    DEPARTMENT OF COMMERCE
                                                                                                                                                               the Department assigned to all
                                                rate, the cash deposit rate will be the                                                                        unexamined respondents, which the
                                                                                                        International Trade Administration
                                                rate applicable to the PRC exporter that                                                                       Department calculated as a simple
                                                supplied that non-PRC exporter.                         [A–580–816]                                            average of the non-de-minimis margins
                                                   These deposit requirements, when                                                                            of the examined respondents.3
                                                imposed, shall remain in effect until                   Certain Corrosion-Resistant Steel Flat
                                                                                                                                                                 On May 25, 2012, the CIT issued its
                                                further notice.                                         Products From the Republic of Korea:
                                                                                                                                                               opinion in Union Steel I, which
                                                                                                        Notice of Court Decision Not in
                                                Notifications to Importers                                                                                     remanded various aspects of the Final
                                                                                                        Harmony With Final Results and Notice
                                                  This notice also serves as a final                                                                           Results to the Department.4 In
                                                                                                        of Amended Final Results
                                                reminder to importers of their                                                                                 particular, the Court made the following
                                                responsibility under 19 CFR 351.402(f)                  AGENCY:   Enforcement and Compliance,                  holdings:
                                                to file a certificate regarding the                     International Trade Administration,                    (1) the Department’s decision to use financial
                                                reimbursement of antidumping duties                     Department of Commerce.                                data pertaining only to the 2008 fiscal year
                                                prior to liquidation of the relevant                    SUMMARY: The Court of International                    of Union’s parent company in determining
                                                                                                        Trade (CIT or Court) sustained in full                 Union’s interest expense ratio cannot be
                                                entries during this review period.
                                                                                                        the Department of Commerce’s (the                      upheld on judicial review; (2) in response to
                                                Failure to comply with this requirement                                                                        defendant’s request for a voluntary remand,
                                                could result in the Secretary’s                         Department) second remand results
                                                                                                                                                               the court will order the Department to
                                                presumption that reimbursement of                       pertaining to the fifteenth                            reconsider the ‘‘quarterly cost methodology
                                                antidumping duties occurred and the                     administrative review of the                           to apply the ‘‘recovery-of-costs’’ test to home-
                                                subsequent assessment of double                         antidumping duty order on certain                      market sales of Union and HYSCO and the
                                                antidumping duties.                                     corrosion-resistant steel flat products                ‘‘indexing’’ methodology wherever used in
                                                                                                        from the Republic of Korea covering the                the Final Results; (3) on remand, the
                                                Notifications to Interested Parties                     period of August 1, 2007, through July                 Department must reconsider the use in the
                                                   This notice serves as the only                       31, 2008. The Department is notifying                  Final Results of the quarterly-cost and
                                                reminder to parties subject to                          the public that the final judgment in this
                                                                                                                                                                   1 See Certain Corrosion-Resistant Carbon Steel
                                                administrative protective order (APO) of                case is not in harmony with the final
                                                                                                                                                               Flat Products from the Republic of Korea: Notice of
                                                their responsibility concerning the                     results of the administrative review, and
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                               Final Results of the Fifteenth Administrative
                                                disposition of proprietary information                  that the Department is amending the                    Review, 75 FR 13490 (March 22, 2010) (Final
                                                disclosed under APO in accordance                       final results with respect to the                      Results) and accompanying Decision Memorandum
                                                with 19 CFR 351.305(a)(3). Timely                       weighted-average dumping margins                       (Final Decision Memorandum).
                                                                                                                                                                   2 See Final Results, 75 FR at 13491.
                                                written notification of return or                       assigned to Union Steel Manufacturing                      3 Id.
                                                destruction of APO materials, or                        Co., Ltd. (Union), Hyundai HYSCO                           4 See Union Steel Mfg. Co. v. United States, 837
                                                conversion to judicial protective order,                (HYSCO), and Dongbu Steel Co., Ltd.                    F. Supp. 2d 1307 (Ct. Int’l Trade 2012) (Union Steel
                                                is hereby requested. Failure to comply                  (Dongbu).                                              I).



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Document Created: 2017-01-14 01:44:42
Document Modified: 2017-01-14 01:44:42
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
DatesEffective January 17, 2017.
ContactBlaine Wiltse or Manuel Rey, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6345 or (202) 482-5518, respectively.
FR Citation82 FR 4844 

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