[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2709-2710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00643]
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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: Notice of Court
Decision Not in Harmony With Final Results of Antidumping Duty
Administrative Review; and Amended Final Results of Antidumping Duty
Administrative Review; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 18, 2019, the United States Court of International
Trade (the Court) sustained the final results of redetermination
pertaining to the antidumping duty (AD) administrative review of
tapered roller bearings and parts thereof, finished and unfinished
(TRBs), from the People's Republic of China (China) covering the period
of review (POR) from June 1, 2015 through May 31, 2016. The Department
of Commerce (Commerce) is notifying the public that the final judgment
in this case is not in harmony with the Final Results in the 2015-2016
administrative review of TRBs from China, and that Commerce is amending
the Final Results with respect to the assignment of a separate rate to
Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd. (Zhaofeng).
DATES: Applicable December 28, 2019.
FOR FURTHER INFORMATION CONTACT: Andrew Medley or Alex Wood,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-4987 or (202) 482-1959, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 10, 2018, Commerce published the Final Results of the
2015-2016 AD administrative review of TRBs from China, in which
Commerce determined that Zhaofeng was not eligible for a separate rate
because it had misrepresented its reported U.S. sales data.\1\ The
Final Results were appealed to the Court by Zhaofeng, and on December
27, 2018, the Court held that
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Commerce had not adequately explained how Zhaofeng's misrepresentations
of its sales data related to Commerce's separate rate analysis of
whether Zhaofeng was independent of government control, and remanded
the Final Results for a redetermination consistent with the Court's
opinion.\2\ In accordance with the Court's Remand Order, Commerce
assigned Zhaofeng a separate rate and applied adverse facts available
for Zhaofeng's misrepresentations of its U.S. sales data and its
failure to cooperate to the best of its ability, applied the highest
previously calculated dumping margin to Zhaofeng, 92.84 percent.\3\ On
December 18, 2019, the Court sustained Commerce's Remand
Redetermination.\4\ Therefore, the effective date of this notice is
December 28, 2019.
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\1\ 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; 2015-2016, 83 FR 1238 (January 10, 2018) (Final
Results), and accompanying Issues and Decision Memorandum (IDM) at
Comments 1 and 2.
\2\ See Zhejiang Zhaofeng Mechanical and Electric Co., Ltd. v.
United States, 355 F. Supp. 3d 1329, 1333-1335 (CIT December 27,
2018) (Remand Order).
\3\ See Final Results of Redetermination Pursuant to Court
Remand Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd., v.
United States, Court No. 18-00004, Slip. Op. 18-182 (CIT December
27, 2018), dated April 25, 2019 (Remand Redetermination).
\4\ See Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd.,
v. United States, Court No. 18-00004, Slip Op. 19-167 (CIT December
18, 2019).
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Timken Notice
In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\
the United States Court of Appeals for the Federal Circuit (CAFC) held
that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as
amended (the Act), Commerce must publish a notice of a court decision
that is not ``in harmony'' with a Commerce determination and must
suspend liquidation of entries pending a ``conclusive'' court decision.
The Court's December 18, 2019 judgment sustaining Commerce's Remand
Redetermination constitutes a final decision of the Court that is not
in harmony with Commerce's Final Results. This notice is published in
fulfillment of the publication requirements of Timken and section 516A
of the Act. Commerce will continue the suspension of liquidation of the
subject merchandise pending the expiration of the period of appeal, or
if appealed, pending a final and conclusive court decision.
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\5\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed.
Cir. 1990) (Timken).
\6\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F. 3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results
Because there is now a final court decision, Commerce is amending
the Final Results to grant Zhaofeng a separate rate. The separate-rate,
weighted-average dumping margin determined for Zhaofeng in the Remand
Redetermination is the same as the weighted-average dumping margin that
was determined for Zhaofeng in the Final Results, 92.84 percent.
Assessment of Antidumping Duties
In the event the Court's ruling is not appealed or, if appealed,
upheld by the CAFC, Commerce will instruct U.S. Customs and Border
Protection to assess antidumping duties on unliquidated entries of
subject merchandise Zhaofeng exported during the 2015-2016 POR based on
the assessment rate equal to the weighted-average dumping margin
determined for Zhaofeng by Commerce in these amended final results of
review.
Cash Deposit Requirements
As of February 26, 2019, Zhaofeng has a superseding cash deposit
rate, because it was assigned a separate rate in a completed
administrative review for a more recent period of review of this
order.\7\ Because Zhaofeng has a superseding cash deposit rate, we have
not revised its cash deposit rate.
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\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; 2016-2017, 84 FR 6132
(February 26, 2019).
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Notifications to Interested Parties
This notice is issued and published in accordance with sections
516A(e), 751(a)(1), and 777(i)(1) of the Act.
Dated: January 10, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-00643 Filed 1-15-20; 8:45 am]
BILLING CODE 3510-DS-P