83_FR_1245 83 FR 1238 - 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; 2015-2016

83 FR 1238 - 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; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 7 (January 10, 2018)

Page Range1238-1240
FR Document2018-00242

On June 29, 2017, the Department of Commerce (Commerce) published the preliminary results of the 29th 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 (China). The period of review (POR) is June 1, 2015, through May 31, 2016. After analyzing the comments received, we have made changes to the final results of the administrative review. We are also rescinding the new shipper review (NSR). The final weighted-average dumping margins for the reviewed firms in the administrative review are listed below in the section entitled ``Final Results of the Review.''

Federal Register, Volume 83 Issue 7 (Wednesday, January 10, 2018)
[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Notices]
[Pages 1238-1240]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00242]


-----------------------------------------------------------------------

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; 2015-2016

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

SUMMARY: On June 29, 2017, the Department of Commerce (Commerce) 
published the preliminary results of the 29th 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 (China). The period of review (POR) is June 
1, 2015, through May 31, 2016. After analyzing the comments received, 
we have made changes to the final results of the administrative review. 
We are also rescinding the new shipper review (NSR). The final 
weighted-average dumping margins for the reviewed firms in the 
administrative review are listed below in the section entitled ``Final 
Results of the Review.''

DATES: Applicable January 10, 2018.

FOR FURTHER INFORMATION CONTACT: Andrew Medley or Whitley Herndon, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-4987 or (202) 482-6274, respectively.

Background

    These final results of administrative review cover three exporters 
of the subject merchandise, GSP Automotive Group Wenzhou Co. Ltd. 
(GSP), Hangzhou Yonggu Auto-Parts Co., Ltd. (Hangzhou Yonggu), and 
Zhejiang CTL Auto Parts Manufacturing Incorporated Co., Ltd. (CTL), as 
well as three additional companies, Zhejiang Zhaofeng Mechanical & 
Electronic Co., Ltd. (Zhaofeng), Yantai CMC Bearing Company Limited 
(Yantai CMC), and Zhejiang Zhengda Bearing Co., Ltd. (Zhengda), which 
do not qualify for separate rates. With respect to these later 
companies, we are treating them as part of the China-wide entity. The 
NSR covers Zhejiang Jingli Bearing Technology Co. Ltd. (Zhejiang 
Jingli).
    On July 6, 2017, Commerce published the Preliminary Results.\1\ In 
the Preliminary Results, we found that Zhejiang Jingli's sale to the 
United States was not bona fide, as required by section 
751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the Act). 
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 
and Preliminary Rescission of New Shipper Review; 2015-2016, 82 FR 
31301 (July 6, 2017) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    In August 2017, we received case briefs from the petitioner, 
Zhaofeng, and Yantai CMC, and in September 2017, we received rebuttal 
briefs from the petitioner and Zhaofeng. In October 2017, Commerce 
extended the deadline for the final results by 60 days to January 2, 
2018.\2\ Commerce conducted this review in accordance with section 751 
of the Act.
---------------------------------------------------------------------------

    \2\ See Memorandum, ``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, and New Shipper Review,'' dated October 16, 2017.
---------------------------------------------------------------------------

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 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 
Memorandum, ``Issues and Decision Memorandum for the Antidumping 
Duty Administrative Review and Rescission of New Shipper Review: 
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, 
from the People's Republic of China; 2015-2016,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).

---------------------------------------------------------------------------

[[Page 1239]]

Separate Rates

    In the Preliminary Results, we found that evidence provided by CTL, 
GSP, Hangzhou Yonggu, and Zhaofeng 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 with 
respect to CTL, GSP, and Hangzhou Yonggu. Therefore, for the final 
results, we continue to find that CTL, GSP, and Hangzhou Yonggu are 
eligible for separate rates.
---------------------------------------------------------------------------

    \5\ See Preliminary Results, 82 FR at 31302-03 and Preliminary 
Decision Memorandum at 10-11.
---------------------------------------------------------------------------

    With respect to Zhaofeng, however, based upon information obtained 
from Customs and Border Protection (CBP), we have determined that 
Zhaofeng's submitted information is unreliable in its entirety. Thus, 
we find that this information cannot serve as a basis for reaching a 
determination in this review. As a result, we find that Zhaofeng was 
unable to support its separate rates claim, and we find Zhaofeng to be 
a part of the China-wide entity. For further discussion, see Comment 1 
of the accompanying Issues and Decision Memorandum.
    Further, with respect to Yantai CMC and Zhengda, we determined in 
the Preliminary Results that these companies failed to demonstrate an 
absence of de facto government control, and, thus, Commerce did not 
grant Yantai CMC and Zhengda a separate rate. For these final results, 
we continue to find, based on record evidence, that Yantai CMC and 
Zhengda failed to demonstrate an absence of de facto government 
control. Accordingly, we are not granting Yantai CMC and Zhengda a 
separate rate. For further discussion of this issue with respect to 
Yantai CMC, see Comments 3 through 5 of the accompanying Issues and 
Decision Memorandum.

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

    For these final results, we have not calculated any individual 
rates or assigned a rate based on facts available. Therefore, 
consistent with our recent practice,\6\ we determine to assign to the 
non-individually examined separate rate companies the rate assigned to 
the separate rate companies in the most recently-completed 
administrative review of the order, which is zero.\7\
---------------------------------------------------------------------------

    \6\ See, e.g., Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: Preliminary Results of Antidumping 
Duty Administrative Review; 2015-2016, 81 FR 62717 (September 12, 
2016), and accompanying Preliminary Decision Memorandum at 10-11, 
unchanged in Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Final Results of Antidumping Duty 
Administrative Review; 2015-2016, 82 FR 11431 (February 23, 2017).
    \7\ See, Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review, and Rescission of New 
Shipper Review; 2014-2015, 82 FR 4844 (January 17, 2017).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative 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 have determined 
that Zhaofeng is not eligible for a separate rate.

Rescission of New Shipper Review

    No party commented on the new shipper review for these final 
results. As explained in the Preliminary Results, Commerce finds that 
Zhejiang Jingli's sale is non-bona fide.\8\ Because the non-bona fide 
sale was the only reported sale of subject merchandise during the POR, 
and, thus, there are no reviewable transactions, Commerce is rescinding 
the NSR.
---------------------------------------------------------------------------

    \8\ See Preliminary Results, 82 FR at 31302.
---------------------------------------------------------------------------

Period of Review

    The POR is June 1, 2015, through May 31, 2016.

Final Results of the Administrative Review

    Because Yantai CMC, Zhaofeng, and Zhengda did not demonstrate that 
they are entitled to a separate rate, Commerce finds Yantai CMC, 
Zhaofeng, and Zhengda to be part of the China-wide entity. No party 
requested a review of the China-wide entity. Therefore, we did not 
conduct a review of the China-wide entity and the entity's rate is not 
subject to change.\9\ The rate previously established for the China-
wide entity is 92.84 percent.
---------------------------------------------------------------------------

    \9\ 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, 2015, 
through May 31, 2016:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporters                             dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
GSP Automotive Group Wenzhou Co. Ltd *......................        0.00
Hangzhou Yonggu Auto-Parts Co., Ltd *.......................        0.00
Zhejiang CTL Auto Parts Manufacturing Incorporated Co., Ltd         0.00
 *..........................................................
------------------------------------------------------------------------
* This company demonstrated eligibility for a separate rate in this
  administrative review.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce has determined, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise, 
where applicable, in accordance with the final results of this review. 
Commerce 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,\10\ 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.\11\
---------------------------------------------------------------------------

    \10\ 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).
    \11\ Id., 77 FR at 8102.
---------------------------------------------------------------------------

    For Yantai CMC, Zhaofeng, and Zhengda, because Commerce determined 
that these companies did

[[Page 1240]]

not qualify for a separate rate, we will instruct CBP to assess dumping 
duties on the companies' entries of subject merchandise at the rate of 
92.84 percent.
    For Zhejiang Jingli, because Commerce rescinded the NSR, we will 
instruct CBP to assess dumping duties on the company's entries of 
subject merchandise at the rate China-wide rate of 92.84 percent.

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 China and non-China exporters not listed above that 
currently have a separate 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 China 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 China-wide entity, 92.84 percent; and (4) for 
all non-China exporters of subject merchandise which have not received 
their own separate rate, the cash deposit rate will be the rate 
applicable to the China exporter that supplied that non-China 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 2, 2018.
Christian Marsh,
Deputy 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
    Comment 1: Zhaofeng's Unreported U.S. Sales
    Comment 2: Other Issues for Zhaofeng
    Comment 3: Rejection of Yantai CMC's Separate Rates Application
    Comment 4: Legal Authority To Assign a China-Wide Rate
    Comment 5: Whether the China-Wide Rate is Under Review
5. Conclusion

[FR Doc. 2018-00242 Filed 1-9-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               1238                        Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Notices

                                               publication of these preliminary                          A. Deduction From Taxable Income for                 additional companies, Zhejiang
                                               results.6 Interested parties may submit                      Export Revenue                                    Zhaofeng Mechanical & Electronic Co.,
                                               written comments (case briefs) within                     B. Short-Term Pre-Shipment Rediscount                Ltd. (Zhaofeng), Yantai CMC Bearing
                                                                                                            Program
                                               30 days of publication of the                                                                                  Company Limited (Yantai CMC), and
                                                                                                         C. Provision of Hot-Rolled Steel for Less
                                               preliminary results and rebuttal                             Than Adequate Remuneration                        Zhejiang Zhengda Bearing Co., Ltd.
                                               comments (rebuttal briefs) within five                    D. Inward Processing Certificate Exemption           (Zhengda), which do not qualify for
                                               days after the time limit for filing case                 E. Investment Encouragement Program:                 separate rates. With respect to these
                                               briefs.7 Pursuant to 19 CFR                                  Customs Duty and Value Added Tax                  later companies, we are treating them as
                                               351.309(d)(2), rebuttal briefs must be                       Exemptions                                        part of the China-wide entity. The NSR
                                               limited to issues raised in the case                    VI. Programs Preliminarily Determined to               covers Zhejiang Jingli Bearing
                                               briefs. Parties who submit arguments are                     Not Be Used                                       Technology Co. Ltd. (Zhejiang Jingli).
                                                                                                       VII. Recommendation
                                               requested to submit with the argument:                                                                            On July 6, 2017, Commerce published
                                               (1) A statement of the issue; (2) a brief               [FR Doc. 2018–00262 Filed 1–9–18; 8:45 am]             the Preliminary Results.1 In the
                                               summary of the argument; and (3) a                      BILLING CODE 3510–DS–P                                 Preliminary Results, we found that
                                               table of authorities.8 All briefs must be                                                                      Zhejiang Jingli’s sale to the United
                                               filed electronically using ACCESS.                                                                             States was not bona fide, as required by
                                                  Interested parties who wish to request               DEPARTMENT OF COMMERCE                                 section 751(a)(2)(B)(iv) of the Tariff Act
                                               a hearing must do so within 30 days of                                                                         of 1930, as amended (the Act).
                                               publication of these preliminary results                International Trade Administration
                                                                                                                                                              Therefore, we indicated that we
                                               by submitting a written request to the                  [A–570–601]                                            intended to rescind the NSR.
                                               Assistant Secretary for Enforcement and                                                                           In August 2017, we received case
                                               Compliance using Enforcement and                        Tapered Roller Bearings and Parts                      briefs from the petitioner, Zhaofeng, and
                                               Compliance’s ACCESS system.9                            Thereof, Finished and Unfinished,                      Yantai CMC, and in September 2017, we
                                               Requests should contain the party’s                     From the People’s Republic of China:                   received rebuttal briefs from the
                                               name, address, and telephone number,                    Final Results of Antidumping Duty                      petitioner and Zhaofeng. In October
                                               the number of participants, and a list of               Administrative Review, and Rescission                  2017, Commerce extended the deadline
                                               the issues to be discussed. If a request                of New Shipper Review; 2015–2016                       for the final results by 60 days to
                                               for a hearing is made, we will inform                   AGENCY:   Enforcement and Compliance,                  January 2, 2018.2 Commerce conducted
                                               parties of the scheduled date for the                   International Trade Administration,                    this review in accordance with section
                                               hearing which will be held at the U.S.                  Department of Commerce.                                751 of the Act.
                                               Department of Commerce, 1401
                                                                                                       SUMMARY: On June 29, 2017, the                         Scope of the Order 3
                                               Constitution Avenue NW, Washington,
                                                                                                       Department of Commerce (Commerce)                         The merchandise covered by the order
                                               DC 20230, at a time and location to be
                                                                                                       published the preliminary results of the               includes tapered roller bearings and
                                               determined.10 Issues addressed at the
                                                                                                       29th administrative and new shipper                    parts thereof. The subject merchandise
                                               hearing will be limited to those raised
                                                                                                       reviews of the antidumping duty order                  is currently classifiable under
                                               in the briefs.11
                                                  Unless the deadline is extended                      on tapered roller bearings and parts                   Harmonized Tariff Schedule of the
                                               pursuant to section 751(a)(3)(A) of the                 thereof, finished and unfinished (TRBs),               United States (HTSUS) subheadings:
                                               Act, Commerce intends to issue the final                from the People’s Republic of China                    8482.20.00, 8482.91.00.50, 8482.99.15,
                                               results of this administrative review,                  (China). The period of review (POR) is                 8482.99.45, 8483.20.40, 8483.20.80,
                                               including the results of our analysis of                June 1, 2015, through May 31, 2016.                    8483.30.80, 8483.90.20, 8483.90.30,
                                               the issues raised by the parties in their               After analyzing the comments received,                 8483.90.80, 8708.70.6060, 8708.99.2300,
                                               comments, within 120 days after                         we have made changes to the final                      8708.99.4850, 8708.99.6890,
                                               issuance of these preliminary results.                  results of the administrative review. We               8708.99.8115, and 8708.99.8180. The
                                                  This administrative review and notice                are also rescinding the new shipper                    HTSUS subheadings are provided for
                                               are in accordance with sections                         review (NSR). The final weighted-                      convenience and customs purposes
                                               751(a)(1) and 777(i)(1) of the Act and 19               average dumping margins for the                        only; the written description of the
                                               CFR 351.213.                                            reviewed firms in the administrative                   scope of the order is dispositive.4
                                                                                                       review are listed below in the section
                                                 Dated: January 2, 2018.                               entitled ‘‘Final Results of the Review.’’                1 See Tapered Roller Bearings and Parts Thereof,
                                               Christian Marsh,
                                                                                                       DATES: Applicable January 10, 2018.                    Finished and Unfinished, from the People’s
                                               Deputy Assistant Secretary for Enforcement                                                                     Republic of China: Preliminary Results and
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                               and Compliance.                                                                                                Preliminary Rescission of New Shipper Review;
                                                                                                       Andrew Medley or Whitley Herndon,                      2015–2016, 82 FR 31301 (July 6, 2017) (Preliminary
                                               Appendix                                                Enforcement and Compliance,                            Results), and accompanying Preliminary Decision
                                               I. Summary                                              International Trade Administration,                    Memorandum.
                                                                                                                                                                2 See Memorandum, ‘‘Tapered Roller Bearings
                                               II. Background                                          U.S. Department of Commerce, 1401
                                                                                                                                                              and Parts Thereof, Finished or Unfinished, from the
                                               III. Scope of the Order                                 Constitution Avenue NW, Washington,                    People’s Republic of China: Extension of Deadline
                                               IV. Subsidies Valuation Information                     DC 20230; telephone: (202) 482–4987 or                 for the Final Results of Antidumping Duty
                                                  A. Allocation Period                                 (202) 482–6274, respectively.                          Administrative, and New Shipper Review,’’ dated
                                                  B. Attribution of Subsidies                                                                                 October 16, 2017.
                                                  C. Benchmark Interest Rates                          Background                                               3 See Notice of Antidumping Duty Order; Tapered

                                               V. Analysis of Programs Preliminarily                     These final results of administrative                Roller Bearings and Parts Thereof, Finished or
daltland on DSKBBV9HB2PROD with NOTICES




                                                     Determined To Be Countervailable                                                                         Unfinished, From the People’s Republic of China,
                                                                                                       review cover three exporters of the                    52 FR 22667 (June 15, 1987) (Order).
                                                 6 See
                                                                                                       subject merchandise, GSP Automotive                      4 For a complete description of the scope of the
                                                       19 CFR 351.224(b).
                                                 7 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
                                                                                                       Group Wenzhou Co. Ltd. (GSP),                          order, see Memorandum, ‘‘Issues and Decision
                                                 8 See 19 CFR 351.309(c)(2) and 351.309(d)(2).         Hangzhou Yonggu Auto-Parts Co., Ltd.                   Memorandum for the Antidumping Duty
                                                                                                                                                              Administrative Review and Rescission of New
                                                 9 See 19 CFR 351.310(c).                              (Hangzhou Yonggu), and Zhejiang CTL                    Shipper Review: Tapered Roller Bearings and Parts
                                                 10 See 19 CFR 351.310.                                Auto Parts Manufacturing Incorporated                  Thereof, Finished and Unfinished, from the
                                                 11 See 19 CFR 351.310(c).                             Co., Ltd. (CTL), as well as three                      People’s Republic of China; 2015–2016,’’ dated



                                          VerDate Sep<11>2014   18:23 Jan 09, 2018   Jkt 244001   PO 00000   Frm 00006   Fmt 4703   Sfmt 4703   E:\FR\FM\10JAN1.SGM   10JAN1


                                                                           Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Notices                                                                 1239

                                               Separate Rates                                          non-individually examined separate rate                Final Results of the Administrative
                                                  In the Preliminary Results, we found                 companies the rate assigned to the                     Review
                                               that evidence provided by CTL, GSP,                     separate rate companies in the most                       Because Yantai CMC, Zhaofeng, and
                                               Hangzhou Yonggu, and Zhaofeng                           recently-completed administrative                      Zhengda did not demonstrate that they
                                               supported finding an absence of both de                 review of the order, which is zero.7                   are entitled to a separate rate, Commerce
                                               jure and de facto government control,                                                                          finds Yantai CMC, Zhaofeng, and
                                                                                                       Analysis of Comments Received
                                               and, therefore, we preliminarily granted                                                                       Zhengda to be part of the China-wide
                                               a separate rate to each of these                           All issues raised in the case and                   entity. No party requested a review of
                                               companies.5 We received no                              rebuttal briefs by parties to this                     the China-wide entity. Therefore, we
                                               information since the issuance of the                   administrative review are addressed in                 did not conduct a review of the China-
                                               Preliminary Results that provides a basis               the Issues and Decision Memorandum.                    wide entity and the entity’s rate is not
                                               for reconsidering these determinations                  A list of the issues which parties raised              subject to change.9 The rate previously
                                               with respect to CTL, GSP, and                           and to which we respond in the Issues                  established for the China-wide entity is
                                               Hangzhou Yonggu. Therefore, for the                     and Decision Memo is attached to this                  92.84 percent.
                                               final results, we continue to find that                                                                           Additionally, we are assigning the
                                                                                                       notice as an Appendix. The Issues and
                                               CTL, GSP, and Hangzhou Yonggu are                                                                              following weighted-average dumping
                                                                                                       Decision Memorandum is a public
                                               eligible for separate rates.                                                                                   margins to the firms listed below for the
                                                  With respect to Zhaofeng, however,                   document and is on file electronically
                                                                                                                                                              period June 1, 2015, through May 31,
                                               based upon information obtained from                    via Enforcement and Compliance’s
                                                                                                                                                              2016:
                                               Customs and Border Protection (CBP),                    Antidumping and Countervailing Duty
                                               we have determined that Zhaofeng’s                      Centralized Electronic Service System                                                                      Weighted-
                                               submitted information is unreliable in                  (ACCESS). ACCESS is available to                                                                            average
                                               its entirety. Thus, we find that this                   registered users at https://                                            Exporters                          dumping
                                                                                                                                                                                                                    margin
                                               information cannot serve as a basis for                 access.trade.gov, and it is available to                                                                   (percent)
                                               reaching a determination in this review.                all parties in the Central Records Unit,
                                               As a result, we find that Zhaofeng was                  Room B8024 of the main Department of                   GSP Automotive Group
                                               unable to support its separate rates                    Commerce building. In addition, a                        Wenzhou Co. Ltd * ..................                   0.00
                                               claim, and we find Zhaofeng to be a part                complete version of the Issues and                     Hangzhou Yonggu Auto-Parts
                                               of the China-wide entity. For further                                                                            Co., Ltd * .................................           0.00
                                                                                                       Decision Memorandum can be accessed
                                                                                                                                                              Zhejiang CTL Auto Parts Manu-
                                               discussion, see Comment 1 of the                        directly at http://trade.gov/enforcement.                facturing Incorporated Co.,
                                               accompanying Issues and Decision                        The signed Issues and Decision                           Ltd * .........................................        0.00
                                               Memorandum.                                             Memorandum and the electronic
                                                  Further, with respect to Yantai CMC                  version of the Issues and Decision                       * This company demonstrated eligibility for a
                                               and Zhengda, we determined in the                                                                              separate rate in this administrative review.
                                                                                                       Memorandum are identical in content.
                                               Preliminary Results that these                                                                                 Assessment Rates
                                               companies failed to demonstrate an                      Changes Since the Preliminary Results
                                               absence of de facto government control,                                                               Pursuant to section 751(a)(2)(C) of the
                                               and, thus, Commerce did not grant                         Based on our analysis of the             Act, and 19 CFR 351.212(b)(1),
                                               Yantai CMC and Zhengda a separate                       comments received, we have                 Commerce has determined, and CBP
                                               rate. For these final results, we continue              determined that Zhaofeng is not eligible   shall assess, antidumping duties on all
                                               to find, based on record evidence, that                 for a separate rate.                       appropriate entries of subject
                                               Yantai CMC and Zhengda failed to                                                                   merchandise, where applicable, in
                                                                                                       Rescission of New Shipper Review           accordance with the final results of this
                                               demonstrate an absence of de facto
                                               government control. Accordingly, we                                                                review. Commerce intends to issue
                                                                                                          No party commented on the new
                                               are not granting Yantai CMC and                                                                    assessment instructions to CBP 15 days
                                                                                                       shipper review for these final results. As
                                               Zhengda a separate rate. For further                                                               after the date of publication of these
                                                                                                       explained in the Preliminary Results,      final results of review.
                                               discussion of this issue with respect to                Commerce finds that Zhejiang Jingli’s         Pursuant to the Final Modification for
                                               Yantai CMC, see Comments 3 through 5                    sale is non-bona fide.8 Because the non- Reviews,10 because the above-listed
                                               of the accompanying Issues and                          bona fide sale was the only reported sale respondents’ weighted-average dumping
                                               Decision Memorandum.                                    of subject merchandise during the POR, margins are zero, we will instruct CBP
                                               Weighted-Average Dumping Margin for                     and, thus, there are no reviewable         to liquidate the appropriate entries
                                               the Non-Examined, Separate-Rate                         transactions, Commerce is rescinding       without regard to antidumping duties.11
                                               Companies                                               the NSR.                                      For Yantai CMC, Zhaofeng, and
                                                 For these final results, we have not                                                             Zhengda, because Commerce
                                                                                                       Period of Review
                                               calculated any individual rates or                                                                 determined that these companies did
                                               assigned a rate based on facts available.                  The POR is June 1, 2015, through May
                                                                                                                                                    9 See Antidumping Proceedings: Announcement
                                               Therefore, consistent with our recent                   31, 2016.
                                                                                                                                                              of Change in Department Practice for Respondent
                                               practice,6 we determine to assign to the                                                                       Selection in Antidumping Duty Proceedings and
                                                                                                       Frozen Warmwater Shrimp from the Socialist             Conditional Review of the Nonmarket Economy
                                               concurrently with, and hereby adopted by, this          Republic of Vietnam: Final Results of Antidumping      Entity (NME) in NME Antidumping Duty
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                                               notice (Issues and Decision Memorandum).                Duty Administrative Review; 2015–2016, 82 FR           Proceedings, 78 FR 65963, 65970 (November 4,
                                                 5 See Preliminary Results, 82 FR at 31302–03 and      11431 (February 23, 2017).                             2013).
                                               Preliminary Decision Memorandum at 10–11.                 7 See, Tapered Roller Bearings and Parts Thereof,      10 See Antidumping Proceedings: Calculation of
                                                 6 See, e.g., Certain Frozen Warmwater Shrimp          Finished and Unfinished, From the People’s             the Weighted-Average Dumping Margin and
                                               from the Socialist Republic of Vietnam: Preliminary     Republic of China: Final Results of Antidumping        Assessment Rate in Certain Antidumping Duty
                                               Results of Antidumping Duty Administrative              Duty Administrative Review, and Rescission of New      Proceedings; Final Modification, 77 FR 8101
                                               Review; 2015–2016, 81 FR 62717 (September 12,           Shipper Review; 2014–2015, 82 FR 4844 (January         (February 14, 2012) (Final Modification for
                                               2016), and accompanying Preliminary Decision            17, 2017).                                             Reviews).
                                               Memorandum at 10–11, unchanged in Certain                 8 See Preliminary Results, 82 FR at 31302.             11 Id., 77 FR at 8102.




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                                               1240                        Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Notices

                                               not qualify for a separate rate, we will                their responsibility concerning the                    NW, Washington, DC 20230; telephone:
                                               instruct CBP to assess dumping duties                   disposition of proprietary information                 (202) 482–3477 or (202) 482–1690,
                                               on the companies’ entries of subject                    disclosed under APO in accordance                      respectively.
                                               merchandise at the rate of 92.84 percent.               with 19 CFR 351.305(a)(3). Timely                      SUPPLEMENTARY INFORMATION:
                                                 For Zhejiang Jingli, because                          written notification of return or
                                               Commerce rescinded the NSR, we will                     destruction of APO materials, or                       Background
                                               instruct CBP to assess dumping duties                   conversion to judicial protective order,                 On September 7, 2017, we published
                                               on the company’s entries of subject                     is hereby requested. Failure to comply                 the Preliminary Results of the
                                               merchandise at the rate China-wide rate                 with the regulations and the terms of an               administrative review.1 The period of
                                               of 92.84 percent.                                       APO is a sanctionable violation.                       review (POR) for the administrative
                                               Cash Deposit Requirements                                  We are issuing and publishing these                 review is September 1, 2015, through
                                                                                                       results of review in accordance with                   August 31, 2016. We invited interested
                                                  The following cash deposit                           sections 751(a)(1) and 777(i)(1) of the                parties to comment on the Preliminary
                                               requirements will be effective upon                     Act.                                                   Results and received case and rebuttal
                                               publication of the final results of this                                                                       briefs from interested parties.2
                                                                                                         Dated: January 2, 2018.
                                               administrative review for all shipments                                                                        Commerce conducted this review with
                                               of the subject merchandise entered, or                  Christian Marsh,
                                                                                                       Deputy Assistant Secretary for Enforcement
                                                                                                                                                              section 751(a)(1)(B) of the Tariff Act of
                                               withdrawn from warehouse, for                                                                                  1930, as amended (the Act).
                                               consumption on or after the publication                 and Compliance.
                                               date, as provided for by section                        Appendix                                               Scope of the Order
                                               751(a)(2)(C) of the Act: (1) For the                                                                              The merchandise covered by the order
                                                                                                       List of Topics Discussed in the Issues and
                                               exporters listed above, the cash deposit                                                                       is certain Oil Country Tubular Goods
                                                                                                       Decision Memorandum
                                               rate will be equal to the weighted-                                                                            (OCTG). The merchandise subject to the
                                               average dumping margin established in                   1. Summary
                                                                                                                                                              order is currently classified in the
                                                                                                       2. Background
                                               the final results of this review (except,                                                                      Harmonized Tariff Schedule of the
                                                                                                       3. Scope of the Order
                                               if the rate is de minimis, then a cash                  4. Discussion of the Issues                            United States (HTSUS) under item
                                               deposit rate of zero will be established                   Comment 1: Zhaofeng’s Unreported U.S.               numbers: 7304.29.10.10, 7304.29.10.20,
                                               for that company); (2) for previously                        Sales                                             7304.29.10.30, 7304.29.10.40,
                                               investigated or reviewed China and non-                    Comment 2: Other Issues for Zhaofeng                7304.29.10.50, 7304.29.10.60,
                                               China exporters not listed above that                      Comment 3: Rejection of Yantai CMC’s                7304.29.10.80, 7304.29.20.10,
                                               currently have a separate rate, the cash                     Separate Rates Application                        7304.29.20.20, 7304.29.20.30,
                                               deposit rate will continue to be the                       Comment 4: Legal Authority To Assign a              7304.29.20.40, 7304.29.20.50,
                                               exporter-specific rate published for the                     China-Wide Rate                                   7304.29.20.60, 7304.29.20.80,
                                                                                                          Comment 5: Whether the China-Wide Rate
                                               most recently completed segment of this                                                                        7304.29.31.10, 7304.29.31.20,
                                                                                                            is Under Review
                                               proceeding where the exporter received                  5. Conclusion                                          7304.29.31.30, 7304.29.31.40,
                                               that separate rate; (3) for all China                                                                          7304.29.31.50, 7304.29.31.60,
                                                                                                       [FR Doc. 2018–00242 Filed 1–9–18; 8:45 am]
                                               exporters of subject merchandise that                                                                          7304.29.31.80, 7304.29.41.10,
                                                                                                       BILLING CODE 3510–DS–P                                 7304.29.41.20, 7304.29.41.30,
                                               have not been found to be entitled to a
                                               separate rate, the cash deposit rate will                                                                      7304.29.41.40, 7304.29.41.50,
                                               be the rate for the China-wide entity,                                                                         7304.29.41.60, 7304.29.41.80,
                                                                                                       DEPARTMENT OF COMMERCE
                                               92.84 percent; and (4) for all non-China                                                                       7304.29.50.15, 7304.29.50.30,
                                               exporters of subject merchandise which                  International Trade Administration                     7304.29.50.45, 7304.29.50.60,
                                               have not received their own separate                                                                           7304.29.50.75, 7304.29.61.15,
                                               rate, the cash deposit rate will be the                 [A–489–816]                                            7304.29.61.30, 7304.29.61.45,
                                               rate applicable to the China exporter                                                                          7304.29.61.60, 7304.29.61.75,
                                                                                                       Certain Oil Country Tubular Goods                      7305.20.20.00, 7305.20.40.00,
                                               that supplied that non-China exporter.
                                                  These deposit requirements, when                     From Turkey: Final Results of                          7305.20.60.00, 7305.20.80.00,
                                               imposed, shall remain in effect until                   Antidumping Duty Administrative                        7306.29.10.30, 7306.29.10.90,
                                               further notice.                                         Review; 2015–2016                                      7306.29.20.00, 7306.29.31.00,
                                               Notifications to Importers                              AGENCY:  Enforcement and Compliance,                   7306.29.41.00, 7306.29.60.10,
                                                                                                       International Trade Administration,                    7306.29.60.50, 7306.29.81.10, and
                                                 This notice also serves as a final                    Department of Commerce.                                7306.29.81.50.
                                               reminder to importers of their                                                                                    The merchandise subject to the order
                                                                                                       SUMMARY: On September 7, 2017, the
                                               responsibility under 19 CFR 351.402(f)                                                                         may also enter under the following
                                                                                                       Department of Commerce (Commerce)
                                               to file a certificate regarding the                                                                            HTSUS item numbers: 7304.39.00.24,
                                                                                                       published the preliminary results of the
                                               reimbursement of antidumping duties                                                                            7304.39.00.28, 7304.39.00.32,
                                                                                                       administrative review of antidumping
                                               prior to liquidation of the relevant                                                                           7304.39.00.36, 7304.39.00.40,
                                                                                                       duty order on certain oil country tubular
                                               entries during this review period.
                                                                                                       goods (OCTG) from Turkey. Based on
                                               Failure to comply with this requirement                                                                          1 See Certain Oil Country Tubular Goods from
                                                                                                       our analysis of the comments received,
                                               could result in the Secretary’s                                                                                Turkey: Preliminary Results of Antidumping Duty
                                                                                                       we find that subject merchandise has                   Administrative Review; 2015–2016, 82 FR 42285
                                               presumption that reimbursement of
                                                                                                       been sold at less than normal value.                   (September 7, 2017) (Preliminary Results).
                                               antidumping duties occurred and the
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                                                                                                                                                                2 See Petitioners’ Case Brief, ‘‘Re: Certain Oil
                                               subsequent assessment of double                         DATES: Applicable January 10, 2018.
                                                                                                                                                              Country Tubular Goods from Turkey: Case Brief,’’
                                               antidumping duties.                                     FOR FURTHER INFORMATION CONTACT:                       dated October 10, 2017 (the petitioners’ case brief);
                                                                                                       Hermes Pinilla or Minoo Hatten, AD/                    and Toscelik’s Rebuttal Brief, ‘‘Re: Oil Country
                                               Notifications to Interested Parties                     CVD Operations, Office I, Enforcement                  Tubular Goods from Turkey; Toscelik rebuttal
                                                                                                                                                              brief,’’ submitted on October 16, 2017 (Toscelik’s
                                                 This notice serves as the only                        and Compliance, International Trade                    rebuttal brief). Note that Toscelik’s rebuttal brief
                                               reminder to parties subject to                          Administration, U.S. Department of                     was timely filed but dated incorrectly with an
                                               administrative protective order (APO) of                Commerce, 1401 Constitution Avenue                     August 9, 2016, date.



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Document Created: 2018-10-26 09:33:27
Document Modified: 2018-10-26 09:33:27
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
DatesApplicable January 10, 2018.
ContactAndrew Medley or Whitley Herndon, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4987 or (202) 482-6274, respectively.
FR Citation83 FR 1238 

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