83_FR_4924 83 FR 4901 - Certain Tapered Roller Bearings From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less-Than-Fair-Value, Postponement of Final Determination, and Extension of Provisional Measures

83 FR 4901 - Certain Tapered Roller Bearings From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less-Than-Fair-Value, Postponement of Final Determination, and Extension of Provisional Measures

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 23 (February 2, 2018)

Page Range4901-4903
FR Document2018-02104

The Department of Commerce (Commerce) preliminarily determines that certain tapered roller bearings (TRBs) from the Republic of Korea (Korea) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2016, through March 31, 2017.

Federal Register, Volume 83 Issue 23 (Friday, February 2, 2018)
[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Notices]
[Pages 4901-4903]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02104]



[[Page 4901]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-894]


Certain Tapered Roller Bearings From the Republic of Korea: 
Preliminary Affirmative Determination of Sales at Less-Than-Fair-Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain tapered roller bearings (TRBs) from the Republic of Korea 
(Korea) are being, or are likely to be, sold in the United States at 
less than fair value (LTFV). The period of investigation (POI) is April 
1, 2016, through March 31, 2017.

DATES: Applicable February 2, 2018.

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

SUPPLEMENTARY INFORMATION: Commerce has exercised its discretion to 
toll deadlines for the duration of the closure of the Federal 
Government from January 20 through 22, 2018. If the new deadline falls 
on a non-business day, in accordance with Commerce's practice, the 
deadline will become the next business day. Accordingly, the revised 
deadline for the preliminary determination of this investigation is now 
January 29, 2018.\1\
---------------------------------------------------------------------------

    \1\ See Memorandum for the Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
---------------------------------------------------------------------------

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on July 25, 
2017.\2\ On November 21, 2017, Commerce postponed the preliminary 
determination of this investigation.\3\ For a complete description of 
the events that followed the initiation of this investigation, see the 
Preliminary Decision Memorandum.\4\ A list of topics included in the 
Preliminary Decision Memorandum is included as Appendix II to this 
notice. The Preliminary Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov, 
and to all parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \2\ See Certain Tapered Roller Bearings from the Republic of 
Korea: Initiation of Less-Than-Fair-Value Investigation, 82 FR 34477 
(July 25, 2017) (Initiation Notice).
    \3\ See Certain Tapered Roller Bearings from the Republic of 
Korea: Postponement of Preliminary Determination of Less-Than-Fair-
Value Investigation, 82 FR 55351 (November 21, 2017).
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Certain 
Tapered Roller Bearings from the Republic of Korea'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are certain TRBs from 
Korea. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\5\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\6\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. After evaluating these comments,\7\ Commerce is 
not preliminarily modifying the scope language as it appeared in the 
Initiation Notice. See the scope in Appendix I to this notice.
---------------------------------------------------------------------------

    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See Initiation Notice, 82 FR at 34478.
    \7\ For further discussion of these comments, see the 
Preliminary Decision Memorandum.
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Allegation of a Particular Market Situation

    On October 24, 2017, the petitioner alleged that a particular 
market situation (PMS) existed during the POI with respect to the 
production of TRBs in Korea.\8\ On December 15, 2017, the petitioner 
supplemented its PMS allegation, including additional new factual 
information to support this allegation.\9\ After analyzing the 
information submitted by the petitioner, we preliminarily find that the 
petitioner's PMS allegation, and supporting factual information, is not 
sufficient to find that a PMS exists. For our analysis of the 
petitioner's PMS allegation, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \8\ See the petitioner's letter, ``Certain Tapered Roller 
Bearings from the Republic of Korea--Petitioner's Preliminary 
Particular Market Situation Comments and Section D RFI,'' dated 
October 24, 2017.
    \9\ See Petitioner's Letter, ``Certain Tapered Roller Bearings 
from Korea: Petitioner's Pre-Preliminary Determination Comments,'' 
dated December 15, 2017.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export price in 
accordance with section 772(a) of the Act. Alternatively, as 
appropriate, constructed export price has been calculated in accordance 
with section 772(b) of the Act. Normal value (NV) is calculated in 
accordance with section 773 of the Act. For a full description of the 
methodology underlying the preliminary determination, see the 
Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the average of the 
estimated weighted-average dumping margins established for exporters or 
producers individually investigated, excluding any zero or de minimis 
margins, or any margins determined entirely under section 776 of the 
Act. In this investigation, Commerce calculated estimated weighted-
average dumping margins for Bearing Art \10\ and Schaeffler Korea 
Corporation (Schaeffler) that are not zero, de minimis, or based 
entirely on facts otherwise available. Commerce calculated the all-
others' rate using a

[[Page 4902]]

weighted average of the estimated weighted-average dumping margins 
calculated for the examined respondents using each respondent's 
publicly-ranged quantity of U.S. sales for the merchandise under 
consideration.\11\
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    \10\ Commerce selected Bearing Art Corporation as a mandatory 
respondent in this investigation. Further, for this preliminary 
determination, Commerce preliminarily has determined to collapse, 
and treat as a single entity, this company and two affiliated 
parties, Iljin Bearing Corporation and Iljin Global Corporation. See 
Preliminary Decision Memorandum at 5-7. The collapsed entity is 
hereinafter collectively referred to as ``Bearing Art.''
    \11\ With two respondents under examination, Commerce normally 
calculates (A) a weighted-average of the estimated weighted-average 
dumping margins calculated for the examined respondents weighted 
using each respondent's actual U.S. sale quantity; (B) a simple 
average of the estimated weighted-average dumping margins calculated 
for the examined respondents; and (C) a weighted-average of the 
estimated weighted-average dumping margins calculated for the 
examined respondents using each respondent's publicly-ranged U.S. 
sale quantities for the merchandise under consideration. Commerce 
then compares (B) and (C) to (A) and selects the rate closest to (A) 
as the most appropriate rate for all-other producers and exporters. 
See Ball Bearings and Parts Thereof from France, Germany, Italy, 
Japan, and the United Kingdom: Final Results of Antidumping Duty 
Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010). As complete publicly ranged sales data was 
available, Commerce based the all-others rate on the publicly ranged 
sales data of the mandatory respondents. For a complete analysis of 
the data, please see the All-Others' Rate Calculation Memorandum.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Bearing Art Corporation/Iljin Bearing Corporation/Iljin            45.53
 Global Corporation.........................................
Schaeffler Korea Corporation................................       21.23
All-Others..................................................       33.42
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) The cash deposit rate for the respondents listed above will be 
equal to the company-specific estimated weighted-average dumping 
margins determined in this preliminary determination; (2) if the 
exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin. These suspension of liquidation 
instructions will remain in effect until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making this preliminary 
determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On January 2, 2018, and January 10, 2018, pursuant to 19 CFR 
351.210(e), Schaeffler and Bearing Art, respectively, requested that 
Commerce postpone the final determination and that provisional measures 
be extended to a period not to exceed six months.\13\ In accordance 
with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), 
because: (1) The preliminary determination is affirmative; (2) the 
requesting exporters account for a significant proportion of exports of 
the subject merchandise; and (3) no compelling reasons for denial 
exist, Commerce is postponing the final determination and extending the 
provisional measures from a four-month period to a period not greater 
than six months. Accordingly, Commerce will make its final 
determination no later than 135 days after the date of publication of 
this preliminary determination.
---------------------------------------------------------------------------

    \13\ See Letter from Schaeffler, ``Request to Extend the Final 
Determination: Antidumping Duty Investigation on Tapered Roller 
Bearings from Korea (A-580-894),'' dated January 2, 2018; and Letter 
from Bearing Art, ``Certain Tapered Roller Bearings from Korea: 
Request to Postpone Final Determination,'' dated January 10, 2018.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days

[[Page 4903]]

after the final determination whether these imports are materially 
injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: January 29, 2018.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The scope of this investigation is certain tapered roller 
bearings. The scope covers all tapered roller bearings with a 
nominal outside cup diameter of eight inches and under, regardless 
of type of steel used to produce the bearing, whether of inch or 
metric size, and whether the tapered roller bearing is a thrust 
bearing or not. Certain tapered roller bearings include: Finished 
cup and cone assemblies entering as a set, finished cone assemblies 
entering separately, and finished parts (cups, cones, and tapered 
rollers). Certain tapered roller bearings are sold individually as a 
set (cup and cone assembly), as a cone assembly, as a finished cup, 
or packaged as a kit with one or several tapered roller bearings, a 
seal, and grease. The scope of the investigation includes finished 
rollers and finished cones that have not been assembled with rollers 
and a cage. Certain tapered roller bearings can be a single row or 
multiple rows (e.g., two- or four-row), and a cup can handle a 
single cone assembly or multiple cone assemblies.
    Finished cups, cones, and rollers differ from unfinished cups, 
cones, and rollers in that they have undergone further processing 
after heat treatment, including, but not limited to, final 
machining, grinding, and/or polishing. Mere heat treatment of a cup, 
cone, or roller (without any further processing after heat 
treatment) does not render the cup, cone, or roller a finished part 
for the purpose of this investigation. Finished tapered roller 
bearing parts are understood to mean parts which, at the time of 
importation, are ready for assembly (if further assembly is 
required) and require no further finishing or fabrication, such as 
grinding, lathing, machining, polishing, heat treatment, etc. 
Finished parts may require grease, bolting, and/or pressing as part 
of final assembly, and the requirement that these processes be 
performed, subsequent to importation, does not remove an otherwise 
finished tapered roller bearing from the scope.
    Tapered roller bearings that have a nominal outer cup diameter 
of eight inches and under that may be used in wheel hub units, rail 
bearings, or other housed bearings, but entered separately, are 
included in the scope to the same extent as described above. All 
tapered roller bearings meeting the written description above, and 
not otherwise excluded, are included, regardless of coating.
    Excluded from the scope of this investigation are:
    (1) Unfinished parts of tapered roller bearings (cups, cones, 
and tapered rollers);
    (2) cages, whether finished or unfinished;
    (3) the non-tapered roller bearing components of subject kits 
(e.g., grease, seal); and
    (4) tapered roller bearing wheel hub units, rail bearings, and 
other housed tapered roller bearings (flange, take up cartridges, 
and hanger units incorporating tapered rollers).
    Tapered roller bearings subject to this investigation are 
primarily classifiable under subheadings 8482.20.0040, 8482.20.0061, 
8482.20.0070, 8482.20.0081, 8482.91.0050, 8482.99.1550, and 
8482.99.1580 of the Harmonized Tariff Schedule of the United States 
(HTSUS).\14\ Parts may also enter under 8482.99.4500. While the 
HTSUS subheadings are provided for convenience and for customs 
purposes, the written description of the subject merchandise is 
dispositive.
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    \14\ Prior to July 2016, products entering under 8482.20.0061 
entered under 8482.20.0060, products entering under 8482.20.0081 
entered under 8482.20.0080, and products entering under 8482.99.1550 
entered under 8482.99.1540.
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Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Affiliation and Collapsing
VI. PMS Allegation
VII. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price/Constructed Export Price
XI. Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Cost of Production Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    D. Calculation of NV Based on Comparison Market Prices
    E. Price-to-CV Comparisons
XII. Currency Conversion
XIII. Conclusion

[FR Doc. 2018-02104 Filed 2-1-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices                                                      4901

                                                DEPARTMENT OF COMMERCE                                  investigation.3 For a complete                        Korea.8 On December 15, 2017, the
                                                                                                        description of the events that followed               petitioner supplemented its PMS
                                                International Trade Administration                      the initiation of this investigation, see             allegation, including additional new
                                                [A–580–894]                                             the Preliminary Decision                              factual information to support this
                                                                                                        Memorandum.4 A list of topics included                allegation.9 After analyzing the
                                                Certain Tapered Roller Bearings From                    in the Preliminary Decision                           information submitted by the petitioner,
                                                the Republic of Korea: Preliminary                      Memorandum is included as Appendix                    we preliminarily find that the
                                                Affirmative Determination of Sales at                   II to this notice. The Preliminary                    petitioner’s PMS allegation, and
                                                Less-Than-Fair-Value, Postponement                      Decision Memorandum is a public                       supporting factual information, is not
                                                of Final Determination, and Extension                   document and is on file electronically                sufficient to find that a PMS exists. For
                                                of Provisional Measures                                 via Enforcement and Compliance’s                      our analysis of the petitioner’s PMS
                                                                                                        Antidumping and Countervailing Duty                   allegation, see the Preliminary Decision
                                                AGENCY:   Enforcement and Compliance,                   Centralized Electronic Service System                 Memorandum.
                                                International Trade Administration,                     (ACCESS). ACCESS is available to
                                                Department of Commerce.                                                                                       Methodology
                                                                                                        registered users at https://
                                                SUMMARY: The Department of Commerce                     access.trade.gov, and to all parties in the             Commerce is conducting this
                                                (Commerce) preliminarily determines                     Central Records Unit, room B8024 of the               investigation in accordance with section
                                                that certain tapered roller bearings                    main Department of Commerce                           731 of the Act. Commerce has
                                                (TRBs) from the Republic of Korea                       building. In addition, a complete                     calculated export price in accordance
                                                (Korea) are being, or are likely to be,                 version of the Preliminary Decision                   with section 772(a) of the Act.
                                                sold in the United States at less than fair             Memorandum can be accessed directly                   Alternatively, as appropriate,
                                                value (LTFV). The period of                             at http://enforcement.trade.gov/frn/.                 constructed export price has been
                                                investigation (POI) is April 1, 2016,                   The signed and the electronic versions                calculated in accordance with section
                                                through March 31, 2017.                                 of the Preliminary Decision                           772(b) of the Act. Normal value (NV) is
                                                DATES: Applicable February 2, 2018.                     Memorandum are identical in content.                  calculated in accordance with section
                                                                                                                                                              773 of the Act. For a full description of
                                                FOR FURTHER INFORMATION CONTACT:                        Scope of the Investigation                            the methodology underlying the
                                                Blaine Wiltse or Manuel Rey, AD/CVD
                                                                                                          The products covered by this                        preliminary determination, see the
                                                Operations, Office II, Enforcement and
                                                                                                        investigation are certain TRBs from                   Preliminary Decision Memorandum.
                                                Compliance, International Trade
                                                Administration, U.S. Department of                      Korea. For a complete description of the              All-Others Rate
                                                Commerce, 1401 Constitution Avenue                      scope of this investigation, see
                                                                                                                                                                Sections 733(d)(1)(ii) and 735(c)(5)(A)
                                                NW, Washington, DC 20230; telephone:                    Appendix I.
                                                                                                                                                              of the Act provide that in the
                                                (202) 482–6345 or (202) 482–5518,                       Scope Comments                                        preliminary determination Commerce
                                                respectively.                                                                                                 shall determine an estimated all-others
                                                SUPPLEMENTARY INFORMATION:     Commerce                   In accordance with the preamble to                  rate for all exporters and producers not
                                                has exercised its discretion to toll                    Commerce’s regulations,5 the Initiation               individually examined. This rate shall
                                                deadlines for the duration of the closure               Notice set aside a period of time for                 be an amount equal to the average of the
                                                of the Federal Government from January                  parties to raise issues regarding product             estimated weighted-average dumping
                                                20 through 22, 2018. If the new deadline                coverage (i.e., scope).6 Certain interested           margins established for exporters or
                                                falls on a non-business day, in                         parties commented on the scope of the                 producers individually investigated,
                                                accordance with Commerce’s practice,                    investigation as it appeared in the                   excluding any zero or de minimis
                                                the deadline will become the next                       Initiation Notice. After evaluating these             margins, or any margins determined
                                                business day. Accordingly, the revised                  comments,7 Commerce is not                            entirely under section 776 of the Act. In
                                                deadline for the preliminary                            preliminarily modifying the scope                     this investigation, Commerce calculated
                                                determination of this investigation is                  language as it appeared in the Initiation             estimated weighted-average dumping
                                                now January 29, 2018.1                                  Notice. See the scope in Appendix I to                margins for Bearing Art 10 and
                                                                                                        this notice.                                          Schaeffler Korea Corporation
                                                Background
                                                                                                        Allegation of a Particular Market                     (Schaeffler) that are not zero, de
                                                   This preliminary determination is                    Situation                                             minimis, or based entirely on facts
                                                made in accordance with section 733(b)                                                                        otherwise available. Commerce
                                                of the Tariff Act of 1930, as amended                      On October 24, 2017, the petitioner                calculated the all-others’ rate using a
                                                (the Act). Commerce published the                       alleged that a particular market situation
                                                notice of initiation of this investigation              (PMS) existed during the POI with                        8 See the petitioner’s letter, ‘‘Certain Tapered

                                                on July 25, 2017.2 On November 21,                      respect to the production of TRBs in                  Roller Bearings from the Republic of Korea—
                                                                                                                                                              Petitioner’s Preliminary Particular Market Situation
                                                2017, Commerce postponed the                                                                                  Comments and Section D RFI,’’ dated October 24,
                                                preliminary determination of this                         3 See Certain Tapered Roller Bearings from the
                                                                                                                                                              2017.
                                                                                                        Republic of Korea: Postponement of Preliminary           9 See Petitioner’s Letter, ‘‘Certain Tapered Roller
                                                   1 See Memorandum for the Record from Christian       Determination of Less-Than-Fair-Value                 Bearings from Korea: Petitioner’s Pre-Preliminary
                                                Marsh, Deputy Assistant Secretary for Enforcement       Investigation, 82 FR 55351 (November 21, 2017).       Determination Comments,’’ dated December 15,
                                                                                                          4 See Memorandum, ‘‘Decision Memorandum for
                                                and Compliance, performing the non-exclusive                                                                  2017.
                                                functions and duties of the Assistant Secretary for     the Preliminary Determination in the Less-Than-          10 Commerce selected Bearing Art Corporation as
sradovich on DSK3GMQ082PROD with NOTICES




                                                Enforcement and Compliance, ‘‘Deadlines Affected        Fair-Value Investigation of Certain Tapered Roller    a mandatory respondent in this investigation.
                                                by the Shutdown of the Federal Government’’             Bearings from the Republic of Korea’’ dated           Further, for this preliminary determination,
                                                (Tolling Memorandum), dated January 23, 2018. All       concurrently with, and hereby adopted by, this        Commerce preliminarily has determined to
                                                deadlines in this segment of the proceeding have        notice (Preliminary Decision Memorandum).             collapse, and treat as a single entity, this company
                                                                                                          5 See Antidumping Duties; Countervailing Duties,
                                                been extended by 3 days.                                                                                      and two affiliated parties, Iljin Bearing Corporation
                                                   2 See Certain Tapered Roller Bearings from the       Final Rule, 62 FR 27296, 27323 (May 19, 1997).        and Iljin Global Corporation. See Preliminary
                                                                                                          6 See Initiation Notice, 82 FR at 34478.
                                                Republic of Korea: Initiation of Less-Than-Fair-                                                              Decision Memorandum at 5–7. The collapsed entity
                                                Value Investigation, 82 FR 34477 (July 25, 2017)          7 For further discussion of these comments, see     is hereinafter collectively referred to as ‘‘Bearing
                                                (Initiation Notice).                                    the Preliminary Decision Memorandum.                  Art.’’



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                                                4902                                   Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices

                                                weighted average of the estimated                               above, but the producer is, then the cash             determined. Parties should confirm by
                                                weighted-average dumping margins                                deposit rate will be equal to the                     telephone the date, time, and location of
                                                calculated for the examined respondents                         company-specific estimated weighted-                  the hearing two days before the
                                                using each respondent’s publicly-ranged                         average dumping margin established for                scheduled date.
                                                quantity of U.S. sales for the                                  that producer of the subject                          Postponement of Final Determination
                                                merchandise under consideration.11                              merchandise; and (3) the cash deposit                 and Extension of Provisional Measures
                                                                                                                rate for all other producers and
                                                Preliminary Determination                                                                                                Section 735(a)(2) of the Act provides
                                                                                                                exporters will be equal to the all-others
                                                  Commerce preliminarily determines                             estimated weighted-average dumping                    that a final determination may be
                                                that the following estimated weighted-                          margin. These suspension of liquidation               postponed until not later than 135 days
                                                average dumping margins exist:                                  instructions will remain in effect until              after the date of the publication of the
                                                                                                                further notice.                                       preliminary determination if, in the
                                                                                                  Estimated                                                           event of an affirmative preliminary
                                                                                                  weighted-  Disclosure                                               determination, a request for such
                                                                                                   average
                                                        Exporter or producer                      dumping      Commerce intends to disclose its                       postponement is made by exporters who
                                                                                                    margin   calculations and analysis performed to                   account for a significant proportion of
                                                                                                  (percent)  interested parties in this preliminary                   exports of the subject merchandise, or in
                                                                                                             determination within five days of any                    the event of a negative preliminary
                                                Bearing Art Corporation/Iljin                                public announcement or, if there is no                   determination, a request for such
                                                   Bearing Corporation/Iljin Glob-                                                                                    postponement is made by the petitioner.
                                                   al Corporation .........................            45.53
                                                                                                             public announcement, within five days
                                                Schaeffler Korea Corporation .....                     21.23 of the date of publication of this notice
                                                                                                                                                                      Section 351.210(e)(2) of Commerce’s
                                                All-Others ....................................        33.42 in accordance with 19 CFR 351.224(b).                    regulations requires that a request by
                                                                                                                                                                      exporters for postponement of the final
                                                                                                                Verification                                          determination be accompanied by a
                                                Suspension of Liquidation
                                                                                                                  As provided in section 782(i)(1) of the             request for extension of provisional
                                                   In accordance with section 733(d)(2)                         Act, Commerce intends to verify the                   measures from a four-month period to a
                                                of the Act, Commerce will direct U.S.                           information relied upon in making this                period not more than six months in
                                                Customs and Border Protection (CBP) to                          preliminary determination.                            duration.
                                                suspend liquidation of entries of subject                                                                                On January 2, 2018, and January 10,
                                                merchandise, as described in Appendix                           Public Comment
                                                                                                                                                                      2018, pursuant to 19 CFR 351.210(e),
                                                I, entered, or withdrawn from                                      Case briefs or other written comments              Schaeffler and Bearing Art, respectively,
                                                warehouse, for consumption on or after                          may be submitted to the Assistant                     requested that Commerce postpone the
                                                the date of publication of this notice in                       Secretary for Enforcement and                         final determination and that provisional
                                                the Federal Register. Further, pursuant                         Compliance no later than seven days                   measures be extended to a period not to
                                                to section 733(d)(1)(B) of the Act and 19                       after the date on which the last                      exceed six months.13 In accordance with
                                                CFR 351.205(d), Commerce will instruct                          verification report is issued in this                 section 735(a)(2)(A) of the Act and 19
                                                CBP to require a cash deposit equal to                          investigation. Rebuttal briefs, limited to            CFR 351.210(b)(2)(ii), because: (1) The
                                                the estimated weighted-average                                  issues raised in case briefs, may be                  preliminary determination is
                                                dumping margin or the estimated all-                            submitted no later than five days after               affirmative; (2) the requesting exporters
                                                others rate, as follows: (1) The cash                           the deadline date for case briefs.12                  account for a significant proportion of
                                                deposit rate for the respondents listed                         Pursuant to 19 CFR 351.309(c)(2) and                  exports of the subject merchandise; and
                                                above will be equal to the company-                             (d)(2), parties who submit case briefs or             (3) no compelling reasons for denial
                                                specific estimated weighted-average                             rebuttal briefs in this investigation are             exist, Commerce is postponing the final
                                                dumping margins determined in this                              encouraged to submit with each                        determination and extending the
                                                preliminary determination; (2) if the                           argument: (1) A statement of the issue;               provisional measures from a four-month
                                                exporter is not a respondent identified                         (2) a brief summary of the argument;                  period to a period not greater than six
                                                                                                                and (3) a table of authorities.                       months. Accordingly, Commerce will
                                                  11 With two respondents under examination,
                                                                                                                   Pursuant to 19 CFR 351.310(c),                     make its final determination no later
                                                Commerce normally calculates (A) a weighted-                    interested parties who wish to request a
                                                average of the estimated weighted-average dumping                                                                     than 135 days after the date of
                                                margins calculated for the examined respondents                 hearing, limited to issues raised in the              publication of this preliminary
                                                weighted using each respondent’s actual U.S. sale               case and rebuttal briefs, must submit a               determination.
                                                quantity; (B) a simple average of the estimated                 written request to the Assistant
                                                weighted-average dumping margins calculated for                 Secretary for Enforcement and                         International Trade Commission
                                                the examined respondents; and (C) a weighted-
                                                                                                                Compliance, U.S. Department of                        Notification
                                                average of the estimated weighted-average dumping
                                                margins calculated for the examined respondents                 Commerce, within 30 days after the date                  In accordance with section 733(f) of
                                                using each respondent’s publicly-ranged U.S. sale               of publication of this notice. Requests               the Act, Commerce will notify the
                                                quantities for the merchandise under consideration.             should contain the party’s name,                      International Trade Commission (ITC) of
                                                Commerce then compares (B) and (C) to (A) and
                                                selects the rate closest to (A) as the most                     address, and telephone number, the                    its preliminary determination. If the
                                                appropriate rate for all-other producers and                    number of participants, whether any                   final determination is affirmative, the
                                                exporters. See Ball Bearings and Parts Thereof from             participant is a foreign national, and a              ITC will determine before the later of
                                                France, Germany, Italy, Japan, and the United                   list of the issues to be discussed. If a              120 days after the date of this
                                                Kingdom: Final Results of Antidumping Duty
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                                                Administrative Reviews, Final Results of Changed-               request for a hearing is made, Commerce               preliminary determination or 45 days
                                                Circumstances Review, and Revocation of an Order                intends to hold the hearing at the U.S.
                                                in Part, 75 FR 53661, 53663 (September 1, 2010).                Department of Commerce, 1401                            13 See Letter from Schaeffler, ‘‘Request to Extend

                                                As complete publicly ranged sales data was                      Constitution Avenue NW, Washington,                   the Final Determination: Antidumping Duty
                                                available, Commerce based the all-others rate on the                                                                  Investigation on Tapered Roller Bearings from
                                                publicly ranged sales data of the mandatory                     DC 20230, at a time and date to be                    Korea (A–580–894),’’ dated January 2, 2018; and
                                                respondents. For a complete analysis of the data,                                                                     Letter from Bearing Art, ‘‘Certain Tapered Roller
                                                please see the All-Others’ Rate Calculation                        12 See 19 CFR 351.309; see also 19 CFR 351.303     Bearings from Korea: Request to Postpone Final
                                                Memorandum.                                                     (for general filing requirements).                    Determination,’’ dated January 10, 2018.



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                                                                               Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices                                                  4903

                                                after the final determination whether                     (1) Unfinished parts of tapered roller              DEPARTMENT OF COMMERCE
                                                these imports are materially injuring, or               bearings (cups, cones, and tapered rollers);
                                                threaten material injury to, the U.S.                     (2) cages, whether finished or unfinished;          International Trade Administration
                                                industry.                                                 (3) the non-tapered roller bearing
                                                                                                                                                              [A–583–861]
                                                                                                        components of subject kits (e.g., grease, seal);
                                                Notification to Interested Parties                      and
                                                                                                                                                              Low Melt Polyester Staple Fiber From
                                                  This determination is issued and                        (4) tapered roller bearing wheel hub units,
                                                                                                                                                              Taiwan: Preliminary Affirmative
                                                published in accordance with sections                   rail bearings, and other housed tapered roller
                                                                                                                                                              Determination of Sales at Less Than
                                                733(f) and 777(i)(1) of the Act and 19                  bearings (flange, take up cartridges, and
                                                                                                                                                              Fair Value, Postponement of Final
                                                CFR 351.205(c).                                         hanger units incorporating tapered rollers).
                                                                                                                                                              Determination, and Extension of
                                                                                                          Tapered roller bearings subject to this
                                                  Dated: January 29, 2018.                                                                                    Provisional Measures
                                                                                                        investigation are primarily classifiable under
                                                Christian Marsh,
                                                                                                        subheadings 8482.20.0040, 8482.20.0061,               AGENCY:   Enforcement and Compliance,
                                                Acting Assistant Secretary for Enforcement              8482.20.0070, 8482.20.0081, 8482.91.0050,
                                                and Compliance.                                                                                               International Trade Administration,
                                                                                                        8482.99.1550, and 8482.99.1580 of the                 Department of Commerce.
                                                Appendix I                                              Harmonized Tariff Schedule of the United
                                                                                                                                                              SUMMARY: The Department of Commerce
                                                                                                        States (HTSUS).14 Parts may also enter under
                                                Scope of the Investigation                                                                                    (Commerce) preliminarily determines
                                                                                                        8482.99.4500. While the HTSUS subheadings
                                                   The scope of this investigation is certain                                                                 that low melt polyester staple fiber (low
                                                                                                        are provided for convenience and for
                                                tapered roller bearings. The scope covers all                                                                 melt PSF) from Taiwan is being, or is
                                                                                                        customs purposes, the written description of
                                                tapered roller bearings with a nominal                                                                        likely to be, sold in the United States at
                                                                                                        the subject merchandise is dispositive.
                                                outside cup diameter of eight inches and                                                                      less than fair value (LTFV). The period
                                                under, regardless of type of steel used to              Appendix II                                           of investigation (POI) is April 1, 2016,
                                                produce the bearing, whether of inch or                                                                       through March 31, 2017.
                                                metric size, and whether the tapered roller             List of Topics Discussed in the Preliminary
                                                bearing is a thrust bearing or not. Certain             Decision Memorandum                                   DATES: Applicable February 2, 2018.
                                                tapered roller bearings include: Finished cup                                                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                        I. Summary
                                                and cone assemblies entering as a set,                                                                        Rebecca Janz or Ajay Menon, AD/CVD
                                                finished cone assemblies entering separately,           II. Background
                                                                                                        III. Period of Investigation                          Operations, Office II, Enforcement and
                                                and finished parts (cups, cones, and tapered                                                                  Compliance, International Trade
                                                rollers). Certain tapered roller bearings are           IV. Scope Comments
                                                sold individually as a set (cup and cone                V. Affiliation and Collapsing                         Administration, U.S. Department of
                                                assembly), as a cone assembly, as a finished            VI. PMS Allegation                                    Commerce, 1401 Constitution Avenue
                                                cup, or packaged as a kit with one or several           VII. Discussion of the Methodology                    NW, Washington, DC 20230; telephone:
                                                tapered roller bearings, a seal, and grease.               A. Determination of the Comparison                 (202) 482–2972 or (202) 482–1993,
                                                The scope of the investigation includes                       Method                                          respectively.
                                                finished rollers and finished cones that have              B. Results of the Differential Pricing
                                                not been assembled with rollers and a cage.                                                                   SUPPLEMENTARY INFORMATION:
                                                                                                              Analysis
                                                Certain tapered roller bearings can be a single                                                               Background
                                                row or multiple rows (e.g., two- or four-row),          VIII. Date of Sale
                                                and a cup can handle a single cone assembly             IX. Product Comparisons                                  This preliminary determination is
                                                or multiple cone assemblies.                            X. Export Price/Constructed Export Price              made in accordance with section 733(b)
                                                   Finished cups, cones, and rollers differ             XI. Normal Value                                      of the Tariff Act of 1930, as amended
                                                from unfinished cups, cones, and rollers in                A. Home Market Viability                           (the Act). Commerce published the
                                                that they have undergone further processing                B. Level of Trade                                  notice of initiation of this investigation
                                                after heat treatment, including, but not                   C. Cost of Production Analysis                     on July 24, 2017.1 On November 20,
                                                limited to, final machining, grinding, and/or              1. Calculation of COP
                                                polishing. Mere heat treatment of a cup,                                                                      2017, Commerce postponed the
                                                                                                           2. Test of Comparison Market Sales Prices          preliminary determination of this
                                                cone, or roller (without any further
                                                                                                           3. Results of the COP Test                         investigation until January 23, 2018.2
                                                processing after heat treatment) does not
                                                render the cup, cone, or roller a finished part            D. Calculation of NV Based on Comparison           Commerce has exercised its discretion
                                                for the purpose of this investigation. Finished               Market Prices                                   to toll deadlines for the duration of the
                                                tapered roller bearing parts are understood to             E. Price-to-CV Comparisons                         closure of the Federal Government from
                                                mean parts which, at the time of importation,           XII. Currency Conversion                              January 20 through 22, 2018. If the new
                                                are ready for assembly (if further assembly is          XIII. Conclusion
                                                                                                                                                              deadline falls on a non-business day, in
                                                required) and require no further finishing or           [FR Doc. 2018–02104 Filed 2–1–18; 8:45 am]
                                                fabrication, such as grinding, lathing,                                                                       accordance with Commerce’s practice,
                                                machining, polishing, heat treatment, etc.              BILLING CODE 3510–DS–P                                the deadline will become the next
                                                Finished parts may require grease, bolting,                                                                   business day. The revised deadline for
                                                and/or pressing as part of final assembly, and                                                                the preliminary determination of this
                                                the requirement that these processes be                                                                       investigation is now January 26, 2018.3
                                                performed, subsequent to importation, does
                                                not remove an otherwise finished tapered                                                                        1 See Low Melt Polyester Staple Fiber from the
                                                roller bearing from the scope.                                                                                Republic of Korea and Taiwan: Initiation of Less-
                                                   Tapered roller bearings that have a                                                                        Than-Fair-Value Investigations, 82 FR 34277 (July
                                                nominal outer cup diameter of eight inches                                                                    24, 2017) (Initiation Notice).
                                                                                                                                                                2 See Low Melt Polyester Staple Fiber from the
                                                and under that may be used in wheel hub
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                                                units, rail bearings, or other housed bearings,                                                               Republic of Korea and Taiwan: Postponement of
                                                but entered separately, are included in the                                                                   Preliminary Determinations in the Less-Than-Fair-
                                                                                                                                                              Value Investigations, 82 FR 55091 (November 20,
                                                scope to the same extent as described above.
                                                                                                                                                              2017).
                                                All tapered roller bearings meeting the                   14 Prior to July 2016, products entering under
                                                                                                                                                                3 See Memorandum for The Record from
                                                written description above, and not otherwise            8482.20.0061 entered under 8482.20.0060, products     Christian Marsh, Deputy Assistant Secretary for
                                                excluded, are included, regardless of coating.          entering under 8482.20.0081 entered under             Enforcement and Compliance, performing the non-
                                                   Excluded from the scope of this                      8482.20.0080, and products entering under             exclusive functions and duties of the Assistant
                                                investigation are:                                      8482.99.1550 entered under 8482.99.1540.                                                       Continued




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Document Created: 2018-02-03 14:27:23
Document Modified: 2018-02-03 14:27:23
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 February 2, 2018.
ContactBlaine Wiltse or Manuel Rey, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6345 or (202) 482-5518, respectively.
FR Citation83 FR 4901 

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