[Federal Register Volume 76, Number 24 (Friday, February 4, 2011)]
[Notices]
[Pages 6397-6398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2522]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-601]
Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished From the People's Republic of China: Initiation of
Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: February 4, 2011.
SUMMARY: The Department of Commerce (``Department'') has determined
that a request for a new shipper review (``NSR'') of the antidumping
duty order on tapered roller bearings (``TRBs'') from the People's
Republic of China (``PRC'') meets the statutory and regulatory
requirements for initiation. The period of review (``POR'') for this
NSR is June 1, 2010, through November 30, 2010.
FOR FURTHER INFORMATION CONTACT: Andrew Medley, AD/CVD Operations,
Office 8, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
[[Page 6398]]
Washington, DC 20230; telephone: 202-482-4987.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the antidumping duty order on TRBs from the
PRC was published in the Federal Register on June 15, 1987. See
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''). On December 23, 2010, pursuant to
section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended
(``Act''), and 19 CFR 351.214(a), the Department received a NSR request
from Xiang Yang Automobile Bearing Co., Ltd. (``ZXY''). ZXY's request
was properly made during December 2010, which is the semi-annual
anniversary of the Order. See 19 CFR 351.214(d). The Department had
concerns with ZXY's treatment of its proprietary information in its
original submission and requested that ZXY revise and re-submit its NSR
request. See January 12, 2011 letter to ZXY. In accordance with the
Department's request, ZXY revised the treatment of its proprietary
information and re-filed the submission on January 14, 2011. For the
purpose of initiating this NSR, the Department determines that ZXY's
original submission was timely filed.
In its submission, ZXY certified that it is the exporter and
producer of the subject merchandise upon which the request was based.
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), ZXY certified that it did not export TRBs to the
United States during the period of investigation (``POI''). In
addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), ZXY certified that, since the initiation of the
investigation, it has not been affiliated with a Chinese exporter or
producer who exported TRBs to the United States during the POI,
including those not individually examined during the investigation. As
required by 19 CFR 351.214(b)(2)(iii)(B), ZXY also certified that its
export activities were not controlled by the central government of the
PRC.
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), ZXY submitted documentation establishing the
following: (1) The date on which ZXY first shipped TRBs for export to
the United States and the date on which the TRBs were first entered, or
withdrawn from warehouse, for consumption; (2) the volume of its first
shipment; and (3) the date of its first sale to an unaffiliated
customer in the United States.
The Department conducted U.S. Customs and Border Protection
(``CBP'') database queries in an attempt to confirm that ZXY's
shipments of subject merchandise had entered the United States for
consumption and that liquidation of such entries had been properly
suspended for antidumping duties. The Department also examined whether
the CBP data confirmed that such entries were made during the NSR
POR.\1\ The information which the Department examined was consistent
with that provided by ZXY in its request. See Memorandum to The File
from Andrew Medley, Analyst, ``Initiation of Antidumping New Shipper
Review: Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, from the People's Republic of China, A-570-601,''
(``Initiation Checklist'') dated concurrently with this notice, at 5.
However, the Department has concerns with certain other information
contained within the CBP data. Due to the business proprietary nature
of this information, please refer to the Initiation Checklist for
further discussion. On January 25, 2011, the Department issued a
questionnaire to ZXY in order to seek additional information with
respect to the CBP data. The Department intends to address this issue
after initiation of the NSR.
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\1\ See January 18, 2011, memorandum to the file, regarding
``U.S. Customs and Border Protection Data.''
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Period of Review
In accordance with 19 CFR 351.214(g)(1)(i)(B), the POR for an NSR
initiated in the month immediately following the semiannual anniversary
month will be the six-month period immediately preceding the semiannual
anniversary month. Therefore, under this order, the POR is June 1,
2010, through November 30, 2010. The sales and entries into the United
States of subject merchandise produced and exported by ZXY occurred
during this six-month POR. Therefore, the POR for this NSR is June 1,
2010 through November 30, 2010.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b),
the Department finds that the request submitted by ZXY meets the
threshold requirements for initiation of a NSR for the shipment of TRBs
from the PRC produced and exported by ZXY. See Initiation Checklist.
However, if the information supplied by ZXY is later found to be
incorrect or insufficient during the course of this proceeding, the
Department may rescind the review or apply adverse facts available
pursuant to section 776 of the Act, depending upon the facts on record.
The Department intends to issue the preliminary results of this NSR no
later than 180 days from the date of initiation, and the final results
no later than 90 days from the issuance of the preliminary
determination. See section 751(a)(2)(B)(iv) of the Act.
It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish
eligibility for an antidumping duty rate separate from the country-wide
rate provide evidence of de jure and de facto absence of government
control over the company's export activities. Accordingly, the
Department will issue a questionnaire to ZXY which will include a
section requesting information with regard to ZXY's export activities
for separate rates purposes. The review will proceed if the response
provides sufficient indication that ZXY is not subject to either de
jure or de facto government control with respect to its export of
subject merchandise.
The Department will instruct CBP to allow, at the option of the
importer, the posting, until the completion of the review, of a bond or
security in lieu of a cash deposit for each entry of the subject
merchandise from ZXY in accordance with section 751(a)(2)(B)(iii) of
the Act and 19 CFR 351.214(e). Because ZXY certified that it produced
and exported the subject merchandise, the Department will apply the
bonding privilege to ZXY for all subject merchandise produced and
exported by ZXY.
Interested parties requiring access to proprietary information in
this NSR should submit applications for disclosure under administrative
protective order in accordance with 19 CFR 351.305 and 19 CFR 351.306.
This initiation and notice are in accordance with section 751(a)(2)(B)
of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).
Dated: January 31, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-2522 Filed 2-3-11; 8:45 am]
BILLING CODE 3510-DS-P