[Federal Register Volume 75, Number 169 (Wednesday, September 1, 2010)]
[Notices]
[Pages 53661-53664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21839]
[[Page 53661]]
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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, Final Results of Changed-Circumstances Review,
and Revocation of an Order in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 28, 2010, 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 22
manufacturers/exporters. The period of review is May 1, 2008, through
April 30, 2009.
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 for certain
companies. The final weighted-average dumping margins for the reviewed
firms are listed below in the section entitled ``Final Results of the
Reviews.'' We have also determined that myonic GmbH, a firm which is
subject to the order on ball bearings and parts thereof from Germany,
is the successor-in-interest to the pre-acquisition myonic GmbH.
Finally, we are announcing our revocation of the order on ball bearings
and parts thereof from the United Kingdom in part with respect to
subject merchandise exported and/or sold by Barden/Schaeffler UK \1\ to
the United States.
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\1\ The Barden Corporation (UK) Limited/Schaeffler Group (UK)
Limited.
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DATES: Effective Date: September 1, 2010.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer 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-
0410 or (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 28, 2010, 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, Preliminary Results of Changed-
Circumstances Review, Rescission of Antidumping Duty Administrative
Reviews In Part, and Intent To Revoke Order In Part, 75 FR 22384 (April
28, 2010), and Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Preliminary Results of
Antidumping Duty Administrative Reviews, Preliminary Results of
Changed-Circumstances Review, Rescission of Antidumping Duty
Administrative Reviews in Part, and Intent To Revoke Order In Part, 75
FR 26920 (May 13, 2010) (collectively, Preliminary Results). For these
administrative reviews, the period of review is May 1, 2008, through
April 30, 2009.
We invited interested parties to comment on the Preliminary
Results. We received case and rebuttal briefs from various parties to
the proceedings. No hearing was requested.
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, 8803.90.90, 8708.30.50.90, 8708.40.75.70,
8708.40.75.80, 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, and 8708.99.81.80.
Although the HTSUS item numbers above are provided for convenience
and customs purposes, the written descriptions of the scope of the
orders remain dispositive.
The size or precision grade of a bearing does not influence whether
the bearing is covered by one of the orders. The orders cover all the
subject bearings and parts thereof (inner race, 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 the 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 the 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 the orders.
For a list of scope determinations which pertain to the orders, see
the ``Memorandum to Laurie Parkhill'' regarding scope determinations
for the 2008/2009 reviews, dated April 21, 2010, 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 these
administrative reviews of the antidumping duty orders on ball bearings
and parts thereof are addressed in the ``Issues and Decision
Memorandum'' (Decision Memorandum) from Edward C. Yang, Acting Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations,
to Ronald K. Lorentzen, Deputy Assistant Secretary for Import
Administration, dated concurrently with this notice, 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 Memorandum and
attached to this notice as an Appendix. The Decision Memorandum, which
is a
[[Page 53662]]
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 Memorandum are identical in content.
Revocation of Order in Part
In the Preliminary Results, we preliminarily determined that
Barden/Schaeffler UK qualifies for revocation from the order on ball
bearings and parts thereof from the United Kingdom 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 the United Kingdom
exported and/or sold by Barden/Schaeffler UK to the United States.
We have received comments concerning our intent to revoke the order
on ball bearings and parts thereof from the United Kingdom exported
and/or sold by Barden/Schaeffler UK to the United States. See the
Decision Memorandum at Comment 4 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 the United Kingdom exported
and/or sold by Barden/Schaeffler UK to the United States, effective May
1, 2009.
Final Results of Changed-Circumstances Review
In the Preliminary Results, we preliminarily determined that myonic
GmbH is the successor-in-interest to the pre-acquisition myonic GmbH
and invited interested parties to comment. We received no comments from
interested parties. For the reasons we stated in the Preliminary
Results and because we received no comments to the contrary from
interested parties, we continue to determine that the post-acquisition
myonic GmbH is the successor-in-interest to the pre-acquisition myonic
GmbH. Consequently, we will instruct U.S. Customs and Border Protection
(CBP) to continue to apply the cash-deposit rate in effect for myonic
GmbH to all entries of the subject merchandise from myonic GmbH that
were entered, or withdrawn from warehouse, for consumption on or after
the date of publication of these final results of changed-circumstances
review.
Rates for Non-Selected Companies
Based on our analysis of the responses and our available resources,
we selected certain companies for individual examination of their sales
of the subject merchandise to the United States during the period of
review as permitted under section 777A(c)(2) of the Act. For a detailed
discussion on the selection of the respondents for individual
examination, see Preliminary Results, 75 FR at 22385. For the final
results, we have not changed the basis of the rate we applied to
respondents not selected for individual examination. With respect to
the sole company not selected in the Germany proceeding, however, we
have used publicly available ranged sales values submitted by myonic
GmbH and Schaeffler KG to calculate a weighted-average margin to assign
to SKF GmbH instead of assigning the simple-average margin calculated
using the margins we determined for myonic GmbH and Schaeffler KG, as
announced in the Preliminary Results. For a discussion of this issue,
see the Decision Memorandum at Comment 1. See also the memorandum to
the file, dated concurrently with this notice, entitled ``Ball Bearings
and Parts Thereof from Germany: Final Calculation of the Margin for
Respondent Not Selected for Individual Examination'' on the record of
the Germany proceeding (A-428-801).
Our calculation of the final margin for the sole non-selected
company in the Germany administrative review represents a change in our
practice concerning the margin applicable to companies not selected for
individual examination in an administrative review of an antidumping
duty order. In situations where we cannot apply our normal methodology
of calculating a weighted-average margin due to requests to protect
business-proprietary information but where use of a simple average does
not yield the best proxy of the weighted-average margin relative to
publicly available data, normally we will use the publicly available
figures as a matter of practice in future cases.
With respect to the Japan proceeding, one company selected for
individual examination used the indexing method permitted under 19 CFR
351.304(c) in the public version of its response to our request for
information concerning the quantity and value of U.S. sales during the
period of review. Therefore, unlike in the Germany proceeding where
public, ranged data are available for all of the companies that were
selected for individual examination, similar information is not
available for all such companies in the Japan proceeding. Accordingly,
we cannot calculate a weighted-average margin to consider applying to
the non-selected respondents in the Japan proceeding as we have
calculated for the Germany proceeding. Instead, as explained in the
Preliminary Results, we have determined to apply the simple average of
the margins we calculated for the selected companies to the companies
not selected for individual examination in the Japan proceeding.
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 companies. 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 dated
concurrently with this notice, which are on file in the CRU of the main
Department of Commerce building, Room 1117.
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,
2008, through April 30, 2009:
------------------------------------------------------------------------
Margin
Company (percent)
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FRANCE
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SKF France S.A............................................. 6.86
Microturbo SAS............................................. 6.86
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GERMANY
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myonic GmbH................................................ 21.72
Schaeffler KG.............................................. 2.16
SKF GmbH................................................... 6.59
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ITALY
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SKF Industrie S.p.A........................................ 13.04
Schaeffler Italia S.r.l.................................... 1.98
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JAPAN
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Aisin Seiki Company, Ltd................................... 10.97
JTEKT Corporation.......................................... 10.97
Makino Milling Machine Company Limited..................... 10.97
Mazda Motor Corporation.................................... 10.97
Nachi-Fujikoshi Corporation................................ 10.97
Nissan Motor Company, Ltd.................................. 10.97
NSK Ltd.................................................... 8.48
NTN Corporation............................................ 13.46
Sapporo Precision, Inc., and Tokyo Precision, Inc.......... 10.97
Univance Corporation....................................... 10.97
Yamazaki Mazak Trading Corporation......................... 10.97
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UNITED KINGDOM
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The Barden Corporation (UK) Limited/Schaeffler Group (UK) 0.00
Limited...................................................
NSK Bearings Europe Ltd.................................... 10.04
SKF (UK) Limited........................................... 10.04
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Timken UK Ltd. and Timken Aerospace UK Ltd................. 10.04
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries. In accordance with 19 CFR
351.212(b)(1), we have calculated, whenever possible, an exporter/
importer- (or customer-) specific assessment rate or value for
merchandise subject to these reviews as described below.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise during the period of review produced by companies selected
for individual examination in the 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 country-specific 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 Antidumping and Countervailing
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6,
2003).
For the companies which were not selected for individual
examination, we will instruct CBP to apply the rates listed above to
all entries of subject merchandise produced and/or exported by such
firms.
We intend to issue liquidation instructions to CBP 15 days after
publication of these final results of reviews.
Export Price
With respect to export-price (EP) sales, we divided the total
dumping margins (calculated as the difference between normal value and
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 in each of that importer's/customer's entries under the
relevant order during the review period.
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 review period. See 19 CFR 351.212(b).
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, 75 FR at 22385), 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 of 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 subject merchandise entered, or withdrawn
from warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(1) of the Act: (1) The cash-deposit rates
for the reviewed companies will be the rates shown above; (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 these reviews, a prior review, or the less-than-fair-value
investigations 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 reviews 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 and parts thereof 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 rates from the relevant less-than-fair-value investigations.
These deposit requirements shall remain in effect until further notice.
Notifications
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
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 26, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix
1. Rate Selection for SKF Germany.
2. SKF's Bearing Kits.
3. Short-Term U.S. Interest Rate for Inventory-Carrying Costs.
4. Barden's Request for Revocation.
5. Deduction of CEP Profit.
6. Freight and Packing Revenue Offset Caps.
7. Importer-Specific Assessment Rates.
8. 15-Day Issuance of Liquidation Instructions.
[[Page 53664]]
9. Zeroing of Negative Margins.
[FR Doc. 2010-21839 Filed 8-31-10; 8:45 am]
BILLING CODE 3510-DS-P