[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Notices]
[Pages 44819-44822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20980]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-801, A-428-801, A-475-801, A-588-804, A-412-801]
Ball Bearings and Parts Thereof From France, Germany, Italy,
Japan, and the United Kingdom: Final Results of Antidumping Duty
Administrative Reviews and Revocation of an Order in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 27, 2009, the Department of Commerce published the
preliminary results of the administrative reviews of the antidumping
duty orders on ball bearings and parts thereof from France, Germany,
Italy, Japan, and the United Kingdom. The reviews cover 15
manufacturers/exporters. The period of review is May 1, 2007, through
April 30, 2008.
Based on our analysis of the comments received, we have made
changes, including corrections of certain programming and other
ministerial errors, in the margin calculations. Therefore, the final
results are different from the preliminary results. The final weighted-
average dumping margins for the reviewed firms are listed below in the
section entitled ``Final Results of the Reviews.''
DATES: Effective Date: August 31, 2009.
FOR FURTHER INFORMATION: Yang Jin Chun or Richard Rimlinger, AD/CVD
Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5760 or (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2009, the Department of Commerce (the Department)
published the preliminary results of the administrative reviews of the
antidumping duty orders on ball bearings and parts thereof from France,
Germany, Italy, Japan, and the United Kingdom. See Ball Bearings and
Parts Thereof From France, et al.: Preliminary Results of Antidumping
Duty Administrative Reviews and Intent to Revoke Order in Part, 74 FR
19056 (April 27, 2009) (Preliminary Results). For these administrative
reviews, the period of review is May 1, 2007, through April 30, 2008.
We invited interested parties to comment on the Preliminary
Results. At the request of an interested party, we held a hearing for
Italy-specific issues on June 22, 2009. The Department has conducted
these administrative reviews in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Orders
The products covered by the orders are ball bearings and parts
thereof. These products include all antifriction bearings that employ
balls as the rolling element. Imports of these products are classified
under the following categories: Antifriction balls, ball bearings with
integral shafts, ball bearings (including radial ball bearings) and
parts thereof, and housed or mounted ball bearing units and parts
thereof.
Imports of these products are classified under the following
Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
3926.90.45, 4016.93.10, 4016.93.50, 6909.19.50.10, 8431.20.00,
8431.39.00.10, 8482.10.10, 8482.10.50, 8482.80.00, 8482.91.00,
8482.99.05, 8482.99.35, 8482.99.25.80, 8482.99.65.95, 8483.20.40,
8483.20.80, 8483.30.40, 8483.30.80, 8483.50.90, 8483.90.20, 8483.90.30,
8483.90.70, 8708.50.50, 8708.60.50, 8708.60.80, 8708.93.30,
8708.93.60.00, 8708.99.06, 8708.99.31.00, 8708.99.40.00, 8708.99.49.60,
8708.99.58, 8708.99.80.15, 8708.99.80.80, 8803.10.00, 8803.20.00,
8803.30.00, 8803.90.30, and 8803.90.90.
As a result of changes to the HTSUS, effective February 2, 2007,
the subject merchandise is also classifiable under the following
additional HTSUS item numbers: 8708.30.50.90, 8708.40.75,
8708.50.79.00, 8708.50.89.00, 8708.50.91.50, 8708.50.99.00,
8708.70.60.60, 8708.80.65.90, 8708.93.75.00, 8708.94.75, 8708.95.20.00,
8708.99.55.00, 8708.99.68, 8708.99.81.80.
Although the HTSUS item numbers above are provided for convenience
and customs purposes, the written descriptions of the scope of these
orders remain dispositive.
The size or precision grade of a bearing does not influence whether
the bearing is covered by one of the orders. These orders cover all the
subject bearings and parts thereof (inner race,
[[Page 44820]]
outer race, cage, rollers, balls, seals, shields, etc.) outlined above
with certain limitations. With regard to finished parts, all such parts
are included in the scope of these orders. For unfinished parts, such
parts are included if they have been heat-treated or if heat treatment
is not required to be performed on the part. Thus, the only unfinished
parts that are not covered by these orders are those that will be
subject to heat treatment after importation. The ultimate application
of a bearing also does not influence whether the bearing is covered by
the orders. Bearings designed for highly specialized applications are
not excluded. Any of the subject bearings, regardless of whether they
may ultimately be utilized in aircraft, automobiles, or other
equipment, are within the scope of these orders.
For a list of scope determinations which pertain to the orders, see
the ``Memorandum to Laurie Parkhill'' regarding scope determinations
for the 2007-08 reviews, dated April 21, 2009, which is on file in the
Central Records Unit (CRU) of the main Department of Commerce building,
Room 1117, in the General Issues record (A-100-001).
Analysis of the Comments Received
All issues raised in the case briefs by parties to the current
administrative reviews of the antidumping duty orders on ball bearings
and parts thereof are addressed in the ``Issues and Decision
Memorandum'' (Decision Memo) from Acting Deputy Assistant Secretary
John M. Andersen to Acting Deputy Assistant Secretary Carole A. Showers
dated August 25, 2009, which is hereby adopted by this notice. A list
of the issues which parties have raised and to which we have responded
is in the Decision Memo and attached to this notice as an Appendix. The
Decision Memo, which is a public document, is on file in the CRU of the
main Department of Commerce building, Room 1117, and is accessible on
the Web at http://ia.ita.doc.gov/frn/index.html. The paper copy and
electronic version of the Decision Memo are identical in content.
Revocation of an Order in Part
In the Preliminary Results, we preliminarily determined that
Gebr[uuml]der Reinfurt GmbH & Co., KG (GRW), qualifies for revocation
from the order on ball bearings and parts thereof from Germany pursuant
to 19 CFR 351.222(b)(2)(i). Accordingly, in accordance with 19 CFR
351.222(b)(2)(ii), we preliminarily determined to revoke the order with
respect to ball bearings and parts thereof from Germany exported and/or
sold by GRW to the United States.
We have received comments concerning our intent to revoke the order
on ball bearings and parts thereof from Germany exported and/or sold by
GRW to the United States. See the Decision Memo at Comment 2 for
further discussion of this issue. In accordance with 19 CFR
351.222(b)(2)(ii), we are revoking the order on ball bearings and parts
thereof from Germany exported and/or sold by GRW to the United States,
effective May 1, 2008.
Selection of Respondents
Due to the large number of companies in the reviews and the
resulting administrative burden to review each company for which a
request had been made and not withdrawn, the Department exercised its
statutory authority under section 777A(c)(2) of the Act to limit the
number of respondents selected for the reviews. Based on our analysis
of the responses and our available resources, we chose certain
companies for individual examination of their sales of the subject
merchandise to the United States during the period of review. For a
detailed discussion on the selection of respondents for individual
examination, see Preliminary Results, 74 FR at 19057. For the final
results, we have not changed the source of the rates we applied to
respondents not selected for individual examination. See Preliminary
Results, 74 FR at 19507-08. Because the margin for SKF Italy changed
for the final results, we applied the final margin for SKF Italy to
Schaeffler Italia S.r.L. (formerly FAG Italia S.p.A.), which is the
sole Italian respondent not selected for individual examination. For
discussions of the issues involving the rates for non-selected
respondents, see the Decision Memo at Comment 13.
Adverse Facts Available
Two of the respondents we selected for individual examination,
Edwards Ltd./Edwards High Vacuum Int'l Ltd. (Edwards Japan) of Japan
and myonic GmbH (myonic) of Germany, did not provide responses to our
questionnaire other than their responses to our quantity-and-value
questionnaire. Because these two companies did not respond to our
questionnaire fully, they failed to cooperate by not acting to the best
of their ability and we could not complete the administrative reviews
of these two companies. See Preliminary Results, 74 FR at 19058-59. We
received no comments on our preliminary decision to apply adverse facts
available to these companies. For our final results, we have based
their margins on facts available with an adverse inference in
accordance with section 776 of the Act.
As facts available with an adverse inference for these non-
responsive companies, we have selected the rates of 70.41 percent for
Germany and 73.55 percent for Japan. We corroborated these rates in
accordance with section 776(c) of the Act. Id.
Sales Below Cost in the Home Market
The Department disregarded home-market sales that failed the cost-
of-production test for the following firms for these final results of
reviews:
------------------------------------------------------------------------
Country Company
------------------------------------------------------------------------
France................................. SKF France S.A. and SKF
Aerospace France S.A.S. (SKF
France)
Germany................................ GRW
Schaeffler KG
Italy.................................. SKF Industrie S.p.A./Somecat
S.p.A. (SKF Italy)
United Kingdom......................... Barden/Schaeffler UK
SKF (U.K.) Limited (SKF UK)
------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on our analysis of comments received and based on our own
analysis of the Preliminary Results, we have made revisions that have
changed the results for certain firms. We have corrected programming
and ministerial errors in the margins we included in the Preliminary
Results, where applicable. A detailed discussion of each correction we
made is in the company-specific analysis memoranda which are on file in
the CRU of the main Department of Commerce building, Room 1117.
[[Page 44821]]
Final Results of the Reviews
We determine that the following percentage weighted-average dumping
margins on ball bearings and parts thereof exist for the period May 1,
2007, through April 30, 2008:
------------------------------------------------------------------------
Margin
Company (percent)
------------------------------------------------------------------------
France
------------------------------------------------------------------------
Edwards Ltd. and Edwards High Vacuum Int'l Ltd.......... 10.13
SKF France.............................................. 10.13
------------------------------------------------------------------------
Germany
------------------------------------------------------------------------
Edwards Ltd. and Edwards High Vacuum Int'l Ltd.......... 3.32
GRW..................................................... 0.10
myonic.................................................. 70.41
RWG Frankenjura Industrie Aircraft Bearings GmbH........ 3.32
Schaeffler KG........................................... 3.32
SKF GmbH................................................ 3.32
------------------------------------------------------------------------
Italy
------------------------------------------------------------------------
Schaeffler Italy........................................ 15.10
SKF Italy............................................... 15.10
------------------------------------------------------------------------
Japan
------------------------------------------------------------------------
Edwards Japan........................................... 73.55
Japanese Aero Engines Corporation....................... 0.00
Sapporo Precision Inc................................... 6.65
------------------------------------------------------------------------
United Kingdom
------------------------------------------------------------------------
Barden/Schaeffler UK.................................... 0.14
SKF UK.................................................. 18.64
------------------------------------------------------------------------
Assessment Rates
The Department will determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries. We intend to issue appropriate assessment instructions
directly to CBP 15 days after publication of these final results of
reviews. In accordance with 19 CFR 351.212(b)(1), we have calculated,
whenever possible, an importer/customer-specific assessment rate or
value for subject merchandise.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
of Antidumping Duties). This clarification will apply to entries of
subject merchandise during the period of review produced by companies
included in these final results of reviews for which the reviewed
companies did not know their merchandise was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction. For a full discussion of this
clarification, see Assessment of Antidumping Duties.
For the responsive companies which were not selected for individual
review, we will instruct CBP to apply the rates listed above to all
entries of subject merchandise that were produced and/or exported by
such firms.
For companies for which we are relying on total adverse facts
available to establish a dumping margin, we will instruct CBP to apply
the assigned dumping margins to all entries of subject merchandise
during the period of review that were produced and/or exported by the
companies.
Export Price
With respect to export-price (EP) sales, we divided the total
dumping margins (calculated as the difference between normal value and
the EP) for each exporter's importer or customer by the total number of
units the exporter sold to that importer or customer. We will direct
CBP to assess the resulting per-unit dollar amount against each unit of
merchandise on each of that importer's or customer's entries under the
relevant order during the period of review.
Constructed Export Price
For constructed export-price (CEP) sales, we divided the total
dumping margins for the reviewed sales by the total entered value of
those reviewed sales for each importer. We will direct CBP to assess
the resulting percentage margin against the entered customs values for
the subject merchandise on each of that importer's entries under the
relevant order during the period of review. See 19 CFR 351.212(b)(1).
Cash-Deposit Requirements
To calculate the cash-deposit rate for each respondent, i.e., each
exporter and/or manufacturer included in these reviews, we divided the
total dumping margins for each company by the total net value of that
company's sales of merchandise during the period of review subject to
each order.
To derive a single deposit rate for each respondent, we weight-
averaged the EP and CEP deposit rates (using the EP and CEP,
respectively, as the weighting factors). To accomplish this when we
sampled CEP sales (see Preliminary Results, 74 FR at 19060), we first
calculated the total dumping margins for all CEP sales during the
period of review by multiplying the sample CEP margins by the ratio of
total days in the period of review to days in the sample weeks. We then
calculated a total net value for all CEP sales during the period of
review by multiplying the sample CEP total net value by the same ratio.
Finally, we divided the combined total dumping margins for both EP and
CEP sales by the combined total value for both EP and CEP sales to
obtain the deposit rate.
We will direct CBP to collect the resulting percentage deposit rate
against the entered customs value of each of the exporter's entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice. Entries
of parts incorporated into finished bearings before sales to an
unaffiliated customer in the United States will receive the
respondent's deposit rate applicable to the order.
Furthermore, the following deposit requirements will be effective
upon publication of this notice of final results of administrative
reviews for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, consistent with section 751(a)(1) of the Act: (1) The
cash-deposit rates for the reviewed companies will be the rates shown
above except that, for firms whose weighted-average margins are less
than 0.5 percent and therefore de minimis, the Department shall not
require a deposit of estimated antidumping duties; (2) for previously
reviewed or investigated companies not listed above, the cash-deposit
rate will continue to be the company-specific rate published for the
most recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or the original less-than-fair-value (LTFV)
investigation but the manufacturer is, the cash-deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; (4) the cash-deposit rate for all other manufacturers
or exporters will continue to be the all-others rate for the relevant
order made effective by the final results of review published on July
26, 1993. See Final Results of Antidumping Duty Administrative Reviews
and Revocation in Part of an Antidumping Duty Order, 58 FR 39729 (July
26, 1993). For ball bearings from Italy, see Antifriction Bearings
(Other Than Tapered Roller Bearings) and Parts Thereof from France, et
al.; Final Results of Antidumping Duty Administrative Reviews and
Partial Termination of Administrative Reviews, 61 FR 66472, 66521
(December 17, 1996). These rates are the all-others
[[Page 44822]]
rates from the relevant LTFV investigation.
These deposit requirements shall remain in effect until further
notice.
Notification to Importers
This notice 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 period of review. Failure to comply with
this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification Regarding APOs
This notice also serves as a 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 notification of the
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 in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: August 25, 2009.
Carole A. Showers,
Acting Deputy Assistant Secretary for Policy and Negotiations.
Appendix
1. Zeroing of Negative Margins
2. Verification for GRW's Revocation
3. 15-Day Liquidation Policy
4. CEP Offset and CEP Profit
5. Sample Sales
6. Short-Term U.S. Interest Rates
7. Freight, Insurance, and Packing Revenue
8. Rate for Firms Not Selected for Individual Examination
9. Miscellaneous Issues
A. Freight Expense
B. Packing Expense
C. Imputed Credit
D. Completeness of Database
E. Cost of Grease
10. Ministerial Errors
[FR Doc. E9-20980 Filed 8-28-09; 8:45 am]
BILLING CODE P