Antifriction Bearings and Parts Thereof from France, Germany, Italy, Japan, Singapore, and the United Kingdom: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Reviews, 25538-25545 [05-9623]
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25538
Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Notices
Antidumping Duty Proceedings
DEPARTMENT OF COMMERCE
Antifriction Bearings, Ball and
Spherical Plain from France (A–427–
801)
Antifriction Bearings, Ball from
Germany (A–428–801)
Antifriction Bearings, Ball from Italy
(A–475–801)
Antifriction Bearings, Ball from Japan
(A–588–804)
Antifriction Bearings, Ball from
Singapore (A–559–801)
Antifriction Bearings, Ball from the
United Kingdom (A–412–801)
Glycine from the People’s Republic of
China (A–570–836)
Tapered Roller Bearings from the
People’s Republic of China (A–570–601)
International Trade Administration
Countervailing Duty Proceedings
No countervailing duty proceedings
are scheduled for initiation in June
2005.
Suspended Investigations
No suspended investigations are
scheduled for initiation in June 2005.
The Department’s procedures for the
conduct of sunset reviews are set forth
in 19 CFR 351.218. Guidance on
methodological or analytical issues
relevant to the Department’s conduct of
sunset reviews is set forth in the
Department’s Policy Bulletin 98.3-Policies Regarding the Conduct of Fiveyear (‘‘Sunset’’) Reviews of
Antidumping and Countervailing Duty
Orders; Policy Bulletin, 63 FR 18871
(April 16, 1998) (‘‘Sunset Policy
Bulletin’’). The Notice of Initiation of
Five-year (‘‘Sunset’’) Reviews provides
further information regarding what is
required of all parties to participate in
sunset reviews.
Please note that if the Department
receives a Notice of Intent to Participate
from a member of the domestic industry
within 15 days of the date of initiation,
the review will continue. Thereafter,
any interested party wishing to
participate in the sunset review must
provide substantive comments in
response to the notice of initiation no
later than 30 days after the date of
initiation.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: May 6, 2005.
Holly A. Kuga,
Senior Office Director, AD/CVD Operations,
Office 4 for Import Administration.
[FR Doc. E5–2388 Filed 5–12–05; 8:45 am]
BILLING CODE 3510–DS–S
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A–427–801, A–428–801, A–475–801, A–588–
804, A–559–801, A–412–801
Antifriction Bearings and Parts Thereof
from France, Germany, Italy, Japan,
Singapore, and the United Kingdom:
Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce is conducting administrative
reviews of the antidumping duty orders
on antifriction bearings (other than
tapered roller bearings) and parts
thereof from France, Germany, Italy,
Japan, Singapore, and the United
Kingdom. The merchandise covered by
these orders are ball bearings and parts
thereof (ball bearings) from France,
Germany, Italy, Japan, Singapore, and
the United Kingdom and spherical plain
bearings and parts thereof from France.
The reviews cover 19 manufacturers/
exporters. The period of review is May
1, 2003, through April 30, 2004.
We have preliminarily determined
that sales have been made below normal
value by various companies subject to
these reviews. If these preliminary
results are adopted in our final results
of administrative reviews, we will
instruct U.S. Customs and Border
Protection (CBP) to assess antidumping
duties on all appropriate entries.
We invite interested parties to
comment on these preliminary results.
Parties who submit comments in these
reviews are requested to submit with
each argument (1) a statement of the
issue and (2) a brief summary of the
argument.
AGENCY:
EFFECTIVE DATE:
May 13, 2005.
FOR FURTHER INFORMATION CONTACT:
Richard Rimlinger or Kristin Case, 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) 482–4733.
SUPPLEMENTARY INFORMATION:
Background
On May 15, 1989, the Department
published in the Federal Register (54
FR 20900) the antidumping duty orders
on ball bearings from France, Germany,
Italy, Japan, Singapore, and the United
Kingdom, and on spherical plain
bearings and parts thereof from France.
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On June 30, 2004, in accordance with 19
CFR 351.213(b), we published a notice
of initiation of administrative reviews of
these orders (68 FR 39055). The list of
companies for which we have initiated
administrative reviews are as follows:
France:
* SKF France S.A. or Sarma (SKF
France) - ball bearings and spherical
plain bearings
* SNR Roulements or SNR Europe
(SNR) - ball bearings only
* Weber Kugellager International ball bearings only
Germany:
¨
* Gebruder Reinfurt GmbH & Co., KG,
Wurzberg, Germany (GRW)
* INA–Schaeffler KG; INA
Vermogensverwaltungsgesellschaft
GmbH; INA Holding Schaeffler KG;
FAG Kugelfischer Georg–Schaefer
AG; FAG Automobiltechnik AG;
FAG OEM und Handel AG; FAG
Komponenten AG; FAG Aircraft/
Super Precision Bearings GmbH;
FAG Industrial Bearings AG; FAG
Sales Europe GmbH; FAG
International Sales and Service
GmbH (collectively FAG/INA)
* Paul Mueller Industrie GmbH & Co.
KG {also listed as GMN (Georg
Mueller Nuremberg)}; Paul Mueller
GmbH & Co. KG
Unternehmensbeteiligungen
(collectively Paul Mueller)
* SKF GmbH (SKF Germany)
* Weber Kugellager International
Italy:
* FAG Italia S.p.A.; FAG
Automobiltechnik AG; FAG OEM
und Handel AG (collectively FAG
Italy)
* SKF Industrie S.p.A.; SKF RIV–SKF
Officine di Villas Perosa S.p.A.;
RFT S.p.A.; OMVP S.p.A.
(collectively SKF Italy)
* Weber Kugellager International
Japan:
* Asahi Seiko Co., Ltd. (Asahi)
* Koyo Seiko Co., Ltd. (Koyo)
* NSK Ltd. (NSK)
* NTN Corporation (NTN)
* Nachi–Fujikoshi Corporation
(Nachi)
* Nankai Seiko Co., Ltd. (SMT)
* Nippon Pillow Block Company, Ltd.
(NPB)
* Osaka Pump Co., Ltd. (Osaka Pump)
* Sapporo Precision Inc. (Sapporo)
* Takeshita Seiko Co., Ltd. (Takeshita)
Singapore:
* NMB Singapore Ltd.; Pelmec
Industries (Pte.) Ltd.; NMB
Technologies Corporation
(collectively NMB/Pelmec)
United Kingdom:
* The Barden Corporation (UK)
Limited; FAG (U.K.) Limited
(collectively Barden/FAG)
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Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Notices
* NSK Bearings Europe (NSK UK)
* SKF Aeroengine Bearings UK
(formerly known as Aeroengine
Bearings UK or NSK Aerospace)
(SKF UK)
Rescission of Reviews
Subsequent to the publication of our
initiation notice, we received timely
withdrawals of the requests we had
received for reviews of NSK UK and
Nachi with respect to ball bearings from
the United Kingdom and Japan,
respectively. Additionally, we received
timely withdrawals of the requests we
had received for reviews of Weber
Kugellager International with respect to
ball bearings from France, Germany, and
Italy. Finally, we received a timely
withdrawal of the request we had
received for SKF France with respect to
spherical plain bearings. Because there
were no other requests for review for
these companies and no interested party
objected, we are rescinding the reviews
with respect to these companies in
accordance with 19 CFR 351.213(d).
Additionally, because we determined
during the previous administrative
review to revoke the antidumping duty
order on ball bearings and parts thereof
from Germany which were produced
and exported by Paul Mueller and
entered or withdrawn from warehouse
for consumption on or after May 1,
2003, we are rescinding the review with
respect to Paul Mueller. See Antifriction
Bearings and Parts Thereof From
France, Germany, Italy, Japan,
Singapore, and the United Kingdom:
Final Results of Antidumping Duty
Administrative Reviews, Rescission of
Administrative Reviews in Part, and
Determination To Revoke Order in Part,
69 FR 55574, 55578 (September 15,
2004) (AFBs 14).
Scope of Orders
The products covered by the orders
are ball bearings (other than tapered
roller 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 Schedules (HTSUS)
subheadings: 3926.90.45, 4016.93.00,
4016.93.10, 4016.93.50, 6909.19.5010,
8431.20.00, 8431.39.0010, 8482.10.10,
8482.10.50, 8482.80.00, 8482.91.00,
8482.99.05, 8482.99.2580, 8482.99.35,
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8482.99.6595, 8483.20.40, 8483.20.80,
8483.50.8040, 8483.50.90, 8483.90.20,
8483.90.30, 8483.90.70, 8708.50.50,
8708.60.50, 8708.60.80, 8708.70.6060,
8708.70.8050, 8708.93.30, 8708.93.5000,
8708.93.6000, 8708.93.75, 8708.99.06,
8708.99.31, 8708.99.4960, 8708.99.50,
8708.99.5800, 8708.99.8080, 8803.10.00,
8803.20.00, 8803.30.00, 8803.90.30, and
8803.90.90.
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,
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 these
orders. For unfinished parts, such parts
are included if they have been heat–
treated or 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 listing of scope determinations
which pertain to the orders, see the
Scope Determination Memorandum
(Scope Memorandum) from the
Antifriction Bearings Team to Laurie
Parkhill, dated April 15, 2005. The
Scope Memorandum is on file in the
Central Records Unit (CRU), Main
Commerce Building, Room B–099, in
the General Issues record (A–100–001)
for the 03/04 reviews.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), we have verified information
provided by certain respondents using
standard verification procedures,
including on–site inspection of the
manufacturers’ facilities, the
examination of relevant sales and
financial records, and the selection of
original documentation containing
relevant information. Specifically, we
conducted verifications of the following
respondents: Asahi, Barden/FAG, FAG/
INA, GRW, NPB, NMB Pelmec, NSK,
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Sapporo, SKF Germany, SKF Italy, SMT,
and Sapporo. Our verification results
are outlined in the public versions of
the verification reports, which are on
file in the CRU, Room B–099.
Use of Adverse Facts Available
In accordance with section 776(a) of
the Act, we preliminarily determine that
the use of facts available as the basis for
the weighted–average dumping margin
is appropriate for SKF UK. SKF UK did
not submit a response to our
antidumping duty questionnaire.1
Consequently, we find that it has
withheld ‘‘information that has been
requested by the administering
authority’’ under section 776(a)(2)(A) of
the Act and we must use facts otherwise
available to calculate a margin for SKF
UK.
In accordance with section 776(b) of
the Act, we are making an adverse
inference in our application of the facts
available. This is appropriate because
SKF UK has not provided a response to
our request for information and has not
provided any acceptable rationale for its
failure to respond. Therefore, we find
that SKF UK has not acted to the best
of its ability in providing us with
relevant information which is under its
control. As adverse facts available for
SKF UK, we have applied the highest
rate which we have calculated for any
company in any segment of the
proceeding on ball bearings from the
United Kingdom. We have selected this
rate because it is sufficiently high as to
reasonably assure that SKF UK does not
obtain a more favorable result by failing
to cooperate. We calculated this rate,
61.14 percent, for SKF UK in the
original less–than-fair–value
investigation. See Final Determinations
of Sales at Less Than Fair Value:
Antifriction Bearings (Other Than
Spherical Plain Bearings and Tapered
Roller Bearings) and Parts Thereof From
the United Kingdom; and Final
Determination of Sales at Not Less Than
Fair Value: Spherical Plain Bearings
and Parts Thereof From the United
Kingdom, 84 FR 19120, 19125 (May 3,
1989).
Section 776(c) of the Act provides that
the Department shall, to the extent
practicable, corroborate secondary
information used for facts available by
reviewing independent sources
reasonably at its disposal. Information
1 See memorandum from analyst to Laurie
Parkhill, ‘‘The Use of Facts Available and
Corroboration of Secondary Information for
Aeroengine Bearings UK in the 2003/2004
Administrative Review of the Antidumping Duty
Order on Ball Bearings and Parts Thereof from the
United Kingdom,’’ dated May 6, 2005
(Corroboration Memo).
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from a prior segment of the proceeding
or from another company in the same
proceeding constitutes secondary
information. The Statement of
Administrative Action accompanying
the Uruguay Round Agreements Act,
H.R. Doc. 103–316, at 870 (1994) (SAA),
provides that the word ‘‘corroborate’’
means that the Department will satisfy
itself that the secondary information to
be used has probative value. As
explained in Tapered Roller Bearings
and Parts Thereof, Finished and
Unfinished, from Japan, and Tapered
Roller Bearings Four Inches or Less in
Outside Diameter, and Components
Thereof, from Japan: Preliminary
Results of Antidumping Duty
Administrative Reviews and Partial
Termination of Administrative Reviews,
61 FR 57391, 57392 (November 6, 1996)
(Tapered Roller Bearings and Parts
Thereof from Japan), in order to
corroborate secondary information, the
Department will examine, to the extent
practicable, the reliability and relevance
of the information used. Unlike other
types of information, however, such as
input costs or selling expenses, there are
no independent sources for calculated
dumping margins. The only source for
margins is administrative
determinations. Thus, with respect to an
administrative review, if the Department
chooses as facts available a calculated
dumping margin from a prior segment of
the proceeding, it is not necessary to
question the reliability of the margin for
that time period.
With respect to the relevance aspect
of corroboration, however, the
Department will consider information
reasonably at its disposal as to whether
there are circumstances that would
render a margin not relevant. Where
circumstances indicate that the selected
margin is not appropriate as adverse
facts available, the Department will
disregard the margin and determine an
appropriate margin. See Fresh Cut
Flowers from Mexico; Final Results of
Antidumping Duty Administrative
Review, 61 FR 6812, 6814 (February 22,
1996), where the Department
disregarded the highest dumping margin
as best information available because
the margin was based on another
company’s uncharacteristic business
expense resulting in an unusually high
margin. Further, in accordance with
F.LII De Cecco Di Filippo Fara S.
Martino S.p.A. v. United States, 216
F.3d 1027, 1034 (Fed. Cir. 2000), we
also examine whether information on
the record would support the selected
rates as reasonable facts available. This
rate is the current cash–deposit rate for
a number of firms, was applied to SKF
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UK in the previous review, and there is
no information reasonably at our
disposal that would indicate that there
are circumstances which would render
the margin not relevant at this time.
Therefore, we find that the rate which
we are using for these preliminary
results has probative value. See
Corroboration Memo.
Furthermore, there is no information
on the record that demonstrates that the
rate we have selected is inappropriate
for use as the total adverse facts–
available rate for the company in
question. Therefore, we consider the
selected rate to have probative value
with respect to the firm in question in
this review and to reflect the
appropriate adverse inferences.
Export Price and Constructed Export
Price
For the price to the United States, we
used export price (EP) or constructed
export price (CEP) as defined in sections
772(a) and (b) of the Act, as appropriate.
Due to the extremely large volume of
transactions that occurred during the
period of review and the resulting
administrative burden involved in
calculating individual margins for all of
these transactions, we sampled CEP
sales in accordance with section 777A
of the Act. When a firm made more than
10,000 CEP sales transactions to the
United States of merchandise subject to
a particular order, we reviewed CEP
sales that occurred during sample
weeks. We selected one week from each
two-month period in the review period,
for a total of six weeks, and analyzed
each transaction made in those six
weeks. The sample weeks are as follows:
May 11 - May 17, 2003; July 27 - August
2, 2003; September 7 - 13, 2003;
December 7 - 13, 2003; January 4 - 10,
2004; April 4 - 10, 2004. We reviewed
all EP sales transactions made during
the period of review.
We calculated EP and CEP based on
the packed F.O.B., C.I.F., or delivered
price to unaffiliated purchasers in, or for
exportation to, the United States. We
made deductions, as appropriate, for
discounts and rebates. We also made
deductions for any movement expenses
in accordance with section 772(c)(2)(A)
of the Act.
In accordance with section 772(d)(1)
of the Act and the SAA at 823–824, we
calculated the CEP by deducting selling
expenses associated with economic
activities occurring in the United States,
which includes commissions, direct
selling expenses, and U.S. repacking
expenses. In accordance with section
772(d)(1) of the Act, we also deducted
those indirect selling expenses
associated with economic activities
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occurring in the United States and the
profit allocated to expenses deducted
under sections 772(d)(1) in accordance
with sections 772(d)(3) and 772(f) of the
Act. In accordance with section 772(f) of
the Act, we computed profit based on
the total revenues realized on sales in
both the U.S. and home markets, less all
expenses associated with those sales.
We then allocated profit to expenses
incurred with respect to U.S. economic
activity based on the ratio of total U.S.
expenses to total expenses for both the
U.S. and home market. When
appropriate, in accordance with section
772(d)(2) of the Act, we also deducted
the cost of any further manufacture or
assembly, except where we applied the
special rule provided in section 772(e)
of the Act. See below. Finally, we made
an adjustment for profit allocated to
these expenses in accordance with
section 772(d)(3) of the Act.
With respect to subject merchandise
to which value was added in the United
States prior to sale to unaffiliated U.S.
customers, e.g., parts of bearings that
were imported by U.S. affiliates of
foreign exporters and then further
processed into other products which
were then sold to unaffiliated parties,
we determined that the special rule for
merchandise with value added after
importation under section 772(e) of the
Act applied to all firms that added value
in the United States except NPB and
Asahi.
Section 772(e) of the Act provides
that, when the subject merchandise is
imported by an affiliated person and the
value added in the United States by the
affiliated person is likely to exceed
substantially the value of the subject
merchandise, we shall determine the
CEP for such merchandise using the
price of identical or other subject
merchandise sold by the exporter or
producer to an unaffiliated customer, if
there is a sufficient quantity of sales to
provide a reasonable basis for
comparison and we determine that the
use of such sales is appropriate. If there
is not a sufficient quantity of such sales
or if we determine that using the price
of identical or other subject
merchandise is not appropriate, we may
use any other reasonable basis to
determine the CEP.
To determine whether the value
added is likely to exceed substantially
the value of the subject merchandise, we
estimated the value added based on the
difference between the averages of the
prices charged to the first unaffiliated
purchaser for the merchandise as sold in
the United States and the averages of the
prices paid for the subject merchandise
by the affiliated purchaser. Based on
this analysis, we determined that the
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estimated value added in the United
States by all further–manufacturing
firms, except NPB and Asahi, accounted
for at least 65 percent of the price
charged to the first unaffiliated
customer for the merchandise as sold in
the United States. See 19 CFR
351.402(c) for an explanation of our
practice on this issue. Therefore, we
preliminarily determine that for these
firms the value added is likely to exceed
substantially the value of the subject
merchandise. Also, for these firms, we
determine that there was a sufficient
quantity of sales remaining to provide a
reasonable basis for comparison and
that the use of these sales is appropriate.
See analysis memoranda for Barden
U.K., INA/FAG, Koyo, NSK, NTN, SKF
France, SKF Germany, and SKF Italy,
dated May 6, 2005. Accordingly, for
purposes of determining dumping
margins for the sales subject to the
special rule, we have used the
weighted–average dumping margins
calculated on sales of identical or other
subject merchandise sold to unaffiliated
persons.
For NPB and Asahi, we determined
that the special rule did not apply
because the value added in the United
States did not exceed substantially the
value of the subject merchandise.
Consequently, these firms submitted
complete responses to our further–
manufacturing questionnaire which
included the costs of the further
processing performed by their U.S.
affiliates. Because the majority of their
products sold in the United States were
further processed, we analyzed all sales.
No other adjustments to EP or CEP
were claimed or allowed.
Home–Market Sales
Based on a comparison of the
aggregate quantity of home–market and
U.S. sales and absent any information
that a particular market situation in the
exporting country did not permit a
proper comparison, we determined that
the quantity of foreign like product sold
by all respondents in the exporting
country was sufficient to permit a
proper comparison with the sales of the
subject merchandise to the United
States, pursuant to section 773(a) of the
Act. Each company’s quantity of sales in
its home market was greater than five
percent of its sales to the U.S. market.
Therefore, in accordance with section
773(a)(1)(B)(i) of the Act, we based
normal value on the prices at which the
foreign like product was first sold for
consumption in the exporting country
in the usual commercial quantities and
in the ordinary course of trade and, to
the extent practicable, at the same level
of trade as the EP or CEP sales.
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Due to the extremely large number of
transactions that occurred during the
period of review and the resulting
administrative burden involved in
examining all of these transactions, we
sampled sales to calculate normal value
in accordance with section 777A of the
Act. When a firm had more than 10,000
home–market sales transactions on a
country–specific basis, we used sales in
sample months that corresponded to the
sample weeks which we selected for
U.S. CEP sales, sales in a month prior
to the period of review, and sales in the
month following the period of review.
The sample months were February,
May, July, September, and December of
2003, and January, April, and May of
2004.
The Department may calculate normal
value based on a sale to an affiliated
party only if it is satisfied that the price
to the affiliated party is comparable to
the price at which sales are made to
parties not affiliated with the exporter
or producer, i.e., sales at arm’s–length
prices. See 19 CFR 351.403(c). We
excluded sales to affiliated customers
for consumption in the home market
that we determined not to be at arm’s–
length prices from our analysis. To test
whether these sales were made at arm’s–
length prices, the Department compared
the prices of sales of comparable
merchandise to affiliated and
unaffiliated customers, net of all rebates,
movement charges, direct selling
expenses, and packing. Pursuant to 19
CFR 351.403(c) and in accordance with
our practice, when the prices charged to
an affiliated party were, on average,
between 98 and 102 percent of the
prices charged to unaffiliated parties for
merchandise comparable to that sold to
the affiliated party, we determined that
the sales to the affiliated party were at
arm’s–length prices. See Antidumping
Proceedings: Affiliated Party Sales in
the Ordinary Course of Trade, 67 FR
69186 (November 15, 2002). We
included in our calculation of normal
value those sales to affiliated parties
that were made at arm’s–length prices.
Cost of Production
Because we disregarded below–cost
sales in accordance with section 773(b)
of the Act in the last completed review
with respect to ball bearings sold by
Barden, Asahi Seiko, INA/FAG, Koyo,
NTN, NPB, NSK, NMB/Pelmec, SKF
France, SKF Italy, SNR, FAG Italy, and
SKF Germany (see AFBs 14, 69 FR at
55576), we had reasonable grounds to
believe or suspect that sales of the
foreign like product under consideration
for the determination of normal value in
these reviews may have been made at
prices below the cost of production
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25541
(COP) as provided by section
773(b)(2)(A)(ii) of the Act. Therefore,
pursuant to section 773(b)(1) of the Act,
we conducted COP investigations of
sales by these firms in the home market.
Also, we received allegations in proper
form that Osaka Pump, Takeshita, and
GRW had made home–market sales
below their COP and we conducted COP
investigations of home–market sales of
these firms as well.
In accordance with section 773(b)(3)
of the Act, we calculated the COP based
on the sum of the costs of materials and
fabrication employed in producing the
foreign like product, the selling, general,
and administrative (SG&A) expenses,
and all costs and expenses incidental to
packing the merchandise. In our COP
analysis, we used the home–market
sales and COP information provided by
each respondent in its questionnaire
responses.
The petitioner requested on January
11, 2005, that, with respect to purchases
of the foreign like product from
unaffiliated parties, the Department
require the respondents to provide the
actual cost information from the
unaffiliated suppliers instead of the
acquisition cost for those items. Because
this request came well after the
Department had received questionnaire
responses and because the Department
has accepted the acquisition costs for
purposes of the COP test and when
calculating constructed value in
previous segments of these proceedings,
the Department has determined to use
the reported acquisition costs for
purposes of these ongoing reviews. We
will require the respondents to report
COP and constructed–value information
for purchases from their unaffiliated
suppliers where facts in any 2005/06
reviews of these orders reflect the facts
in other proceedings in which we have
required respondents to report such
information from unaffiliated suppliers.
For further discussion of this issue see
the Memorandum for Barbara E. Tillman
from Laurie Parkhill, Ball Bearings from
France, Germany, Italy, Japan,
Singapore, and the United Kingdom:
Whether to Use Acquisition Cost or
Unaffiliated Suppliers’ Cost of
Production, dated May 6, 2005,
available in the CRU.
After calculating the COP, in
accordance with section 773(b)(1) of the
Act, we tested whether home–market
sales of the foreign like product were
made at prices below the COP within an
extended period of time in substantial
quantities and whether such prices
permitted the recovery of all costs
within a reasonable period of time. We
compared model–specific COPs to the
reported home–market prices less any
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applicable movement charges,
discounts, and rebates.
Pursuant to section 773(b)(2)(C) of the
Act, when less than 20 percent of a
respondent’s sales of a given product
during the period of review were at
prices less than the COP, we
disregarded the below–cost sales
because they were made in substantial
quantities within an extended period of
time pursuant to sections 773(b)(2)(B)
and (C) of the Act and because, based on
comparisons of prices to weighted–
average COPs for the period of review,
we determined that these sales were at
prices which would not permit recovery
of all costs within a reasonable period
of time in accordance with section
773(b)(2)(D) of the Act. See analysis
memoranda for Asahi Seiko, Barden/
FAG, FAG Italy, INA/FAG, Koyo,
Nankai Seiko, NMB/Pelmec, NTN, NPB,
NSK, Osaka Pump, GRW, Takeshita,
SNR, SKF France, SKF Italy, and SKF
Germany, dated May 6, 2005. Based on
this test, we disregarded below–cost
sales with respect to all of the above–
mentioned companies.
Model–Match Methodology
In Antifriction Bearings and Parts
Thereof from France, Germany, Italy,
Japan, Singapore, and the United
Kingdom: Preliminary Results Of
Antidumping Duty Administrative
Reviews, Partial Rescission Of
Administrative Reviews, Notice Of
Intent To Rescind Administrative
Reviews, And Notice Of Intent To
Revoke Order In Part, 69 FR 5949, 5955–
56 (February 9, 2004) (AFBs 14 Prelim),
we indicated that we had received a
suggestion from the petitioner to alter
our model–match methodology. The
petitioner asserted that, instead of
averaging the sales of all of the home–
market models within a family as the
Department had done in previous
reviews, it would be more accurate to
compare U.S. sales to sales of the single
most similar home–market model in
those cases where an identical match
cannot be found in the home market.
Although we did not change our
approach in the 02/03 reviews, we
invited comments from all interested
parties on the proposed change to our
model–match methodology. Based on
our review of the record, we have
decided to implement a change in our
model–match methodology. For a full
discussion and analysis of the model–
match methodology for these reviews,
see Memorandum from Barbara Tillman
to Joseph A. Spetrini, Antidumping
Duty Reviews on Antifriction Bearings
(and Parts Thereof) From France,
Germany, Italy, Japan, Singapore, and
the United Kingdom - Model–Match
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15:59 May 12, 2005
Jkt 205001
Methodology, dated May 6, 2005
(Model–Match Memorandum).
We compared U.S. sales with sales of
the foreign like product in the home
market. Specifically, in making our
comparisons, we used the following
methodology. If an identical home–
market model was reported, we made
comparisons to weighted–average
home–market prices that were based on
all sales which passed the cost test of
the identical product during the
relevant month. If there were no
contemporaneous sales of an identical
model, we identified the most similar
home–market model. To determine the
most similar model, we limited our
examination to models sold in the home
market that had the same bearing
design, load direction, number of rows,
and precision grade. Next, we calculated
the sum of the deviations (expressed as
a percentage of the value of the U.S.
characteristics) of the inner diameter,
outer diameter, width, and load rating
for each potential home–market match
and selected the bearing with the
smallest sum of the deviations. If two or
more bearings had the same sum of the
deviations, we selected the model that
had the smallest difference–inmerchandise adjustment. Finally, if no
bearing sold in the home market had a
sum of the deviations that was less than
40 percent, we concluded that no
appropriate comparison existed in the
home market and we used the
constructed value of the U.S. model as
normal value. See Model–Match
Memorandum.
As a result of our decision to change
the model–match methodology, we
collected and examined physical–
characteristics information for these
reviews which allowed us to ensure that
we made appropriate matches under the
new methodology. In some instances,
we have examined the respondents’
information concerning physical
characteristics of the merchandise in
more depth than in previous reviews
under the earlier ‘‘family’’ methodology.
We expect that, as our use of this
methodology continues, we will
examine such information in even more
detail. See, e.g., analysis memorandum
for Asahi Seiko dated May 6, 2005.
Normal Value
Home–market prices were based on
the packed, ex–factory, or delivered
prices to affiliated or unaffiliated
purchasers. When applicable, we made
adjustments for differences in packing
and for movement expenses in
accordance with sections 773(a)(6)(A)
and (B) of the Act. We also made
adjustments for differences in cost
attributable to differences in physical
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
characteristics of the merchandise
pursuant to section 773(a)(6)(C)(ii) of
the Act and 19 CFR 351.411 and for
differences in circumstances of sale in
accordance with section 773(a)(6)(C)(iii)
of the Act and 19 CFR 351.410. For
comparisons to EP, we made
circumstance–of-sale adjustments by
deducting home–market direct selling
expenses from and adding U.S. direct
selling expenses to normal value. For
comparisons to CEP, we made
circumstance–of-sale adjustments by
deducting home–market direct selling
expenses from normal value. We also
made adjustments, when applicable, for
home–market indirect selling expenses
to offset U.S. commissions in EP and
CEP calculations.
For some companies, we recalculated
or denied certain claims by respondents
for adjustments to normal value. For
Barden’s home–market sales which
were billed in U.S. dollars, we used the
actual, unconverted U.S.-dollar–
denominated price as the starting point
for normal value and converted
sterling–denominated adjustments,
using the exchange rate on the date of
sale of the U.S. sale. For Osaka Pump,
we made quantity adjustments to two
observations for returned merchandise
as reported in Osaka Pump’s response.
For NSK, we removed the lump–sum
billing adjustment NSK reported for one
customer because the reported
adjustment was not relevant to sales of
the foreign like product. For NPB, we
used facts available to recalculate credit
expenses in the home market because
NPB had discounted some of the
promissory notes it received for its
home–market sales but did not report
the details fully including the discount
rate it paid with respect to these
transactions. For NTN, we changed its
bearing–design classifications, did not
accept its claim for elimination of so–
called sample sales from the calculation
of normal value, and recalculated U.S.
customs duties, indirect selling
expenses for U.S. sales, inventory
carrying costs for home–market and U.S.
sales, and packing for home–market
sales. We rejected Asahi’s claim that
some models it sold in the United States
are virtually identical to models sold in
the home market even though the inner–
diameter dimensions of the inner ring
are different. Finally, for Koyo and
consistent with AFBs 14 (see our
response to Comment 21), we denied a
home–market billing adjustment that
Koyo granted on a model–specific basis
but reported on a broad customer–
specific basis because we found that the
allocation of this adjustment resulted in
its allocation over sales of models for
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which Koyo had not granted an
adjustment, and over sales that had
occurred outside the period of time for
which Koyo had granted the adjustment
to the customer. For a more detailed
discussion of the individual changes,
please see the Department’s company–
specific analysis memoranda dated May
6, 2005.
In accordance with section
773(a)(1)(B)(i) of the Act, we based
normal value, to the extent practicable,
on sales at the same level of trade as the
export price or CEP. If normal value was
calculated at a different level of trade,
we made an adjustment, if appropriate
and if possible, in accordance with
section 773(a)(7)(A) of the Act. See Level
of Trade section below.
Constructed Value
In accordance with section 773(a)(4)
of the Act, we used constructed value as
the basis for normal value when there
were no usable sales of the foreign like
product in the comparison market. We
calculated constructed value in
accordance with section 773(e) of the
Act. We included the cost of materials
and fabrication, SG&A expenses, U.S.
packing expenses, and profit in the
calculation of constructed value. In
accordance with section 773(e)(2)(A) of
the Act, we based SG&A expenses and
profit on the amounts incurred and
realized by each respondent in
connection with the production and sale
of the foreign like product in the
ordinary course of trade for
consumption in the home market.
When appropriate, we made
adjustments to constructed value in
accordance with section 773(a)(8) of the
Act, 19 CFR 351.410, and 19 CFR
351.412 for circumstance–of-sale
differences and level–of-trade
differences. For comparisons to EP, we
made circumstance–of-sale adjustments
by deducting home–market direct
selling expenses from and adding U.S.
direct selling expenses to constructed
value. For comparisons to CEP, we
made circumstance–of-sale adjustments
by deducting home–market direct
selling expenses from constructed value.
We also made adjustments, when
applicable, for home–market indirect
selling expenses to offset U.S.
commissions in EP and CEP
comparisons.
When possible, we calculated
constructed value at the same level of
trade as the export price or CEP. If
constructed value was calculated at a
different level of trade, we made an
adjustment, if appropriate and if
possible, in accordance with sections
773(a)(7) and (8) of the Act.
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15:59 May 12, 2005
Jkt 205001
Level of Trade
To the extent practicable, we
determined normal value for sales at the
same level of trade as the U.S. sales
(either export price or CEP). When there
were no sales at the same level of trade,
we compared U.S. sales to home–market
sales at a different level of trade. The
normal–value level of trade is that of the
starting–price sales in the home market.
When normal value is based on
constructed value, the level of trade is
that of the sales from which we derived
SG&A and profit.
To determine whether home–market
sales are at a different level of trade than
U.S. sales, we examined stages in the
marketing process and selling functions
along the chain of distribution between
the producer and the unaffiliated
customer. If the comparison–market
sales were at a different level of trade
from that of a U.S. sale and the
difference affected price comparability,
as manifested in a pattern of consistent
price differences between the sales on
which normal value is based and
comparison–market sales at the level of
trade of the export transaction, we made
a level–of-trade adjustment under
section 773(a)(7)(A) of the Act. See, e.g.,
Notice of Final Determination of Sales
at Less Than Fair Value: Certain Cut–toLength Carbon Steel Plate from South
Africa, 62 FR 61731, 61732 (November
19, 1997).
Where the respondent reported no
home–market levels of trade that were
equivalent to the CEP level of trade and
where the CEP level of trade was at a
less advanced stage than any of the
home–market levels of trade, we were
unable to determine a level–of-trade
adjustment based on the respondent’s
home–market sales of merchandise
under review. Furthermore, we have no
other information that provides an
appropriate basis for determining a
level–of-trade adjustment. For
respondents’ CEP sales, to the extent
possible, we determined normal value at
the same level of trade as the U.S. sale
to the unaffiliated customer and made a
CEP–offset adjustment in accordance
with section 773(a)(7)(B) of the Act.
For a company–specific description of
our level–of-trade analyses for these
preliminary results, see Memorandum
to Laurie Parkhill from Antifriction
Bearings Team Regarding Level of
Trade, dated May 6, 2005, on file in the
CRU, Room B–099.
1, 2002, through April 30, 2003, the
Department determined that it was
appropriate to collapse FAG and INA as
affiliated producers for the purposes of
calculating an antidumping duty
margin. See AFBs 14 Prelim, 69 FR at
5956. As a result of our analysis of the
responses of INA and FAG to our
supplemental questionnaires, we have
found that the totality of factual
information indicate that it is
appropriate to continue to collapse FAG
and INA as affiliated producers for the
purpose of calculating an antidumping
duty margin.
Preliminary Results of Reviews
As a result of our reviews, we
preliminarily determine the following
percentage weighted–average dumping
margins on ball bearings and parts
thereof for the period May 1, 2003,
through April 30, 2004:
FRANCE
Company
SKF France ..................
SNR ..............................
Company
FAG/INA ...........................................
GRW .................................................
SKF Germany ...................................
Fmt 4703
Margin
3.79
61.96
17.50
ITALY
Company
FAG Italy ...........................................
SKF Italy ...........................................
Margin
5.83
2.81
JAPAN
Company
Asahi .................................................
Koyo ..................................................
NSK ..................................................
NTN ..................................................
Nankai Seiko (SMT) .........................
NPB ..................................................
Osaka Pump .....................................
Sapporo ............................................
Takeshita ..........................................
Margin
25.71
15.66
11.88
6.75
2.38
18.17
11.73
12.47
7.38
SINGAPORE
During the administrative review of
the antidumping duty order on
antifriction bearings and parts thereof
from Germany for the period from May
Frm 00023
7.04
13.27
GERMANY
Collapsing Decision
PO 00000
Margin (percent)
Sfmt 4703
Company
NMB/Pelmec .....................................
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13MYN1
Margin
3.67
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Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Notices
of review produced by companies
included in these preliminary results of
Company
Margin reviews for which the reviewed
companies did not know their
Barden/FAG ......................................
2.68 merchandise was destined for the
SKF UK .............................................
61.14 United States. In such instances, we will
instruct CBP to liquidate unreviewed
Comments
entries at the all–others rate if there is
We will disclose the calculations used no rate for the intermediate
company(ies) involved in the
in our analysis to parties to these
transaction. For a full discussion of this
reviews within five days of the date of
clarification, see Notice of Policy
publication of this notice. Any
Concerning Assessment of Antidumping
interested party may request a hearing
within 30 days of the date of publication Duties, 68 FR 23954 (May 6, 2003).
of this notice. A general–issues hearing,
Export–Price Sales
if requested, and any hearings regarding
With respect to EP sales, for these
issues related solely to specific
preliminary results, we divided the total
countries, if requested, will be held at
dumping margins (calculated as the
the main Commerce Department
difference between normal value and
building at a time and location to be
EP) for each exporter’s importer or
determined.
Interested parties who wish to request customer by the total number of units
the exporter sold to that importer or
a hearing or to participate if one is
customer. We will direct CBP to assess
requested, must submit a written
the resulting per–unit dollar amount
request to the Assistant Secretary for
against each unit of merchandise in
Import Administration, Room B–099,
within 30 days of the date of publication each of that importer’s/customer’s
of this notice. Requests should contain
entries under the relevant order during
the following: (1) the party’s name,
the review period.
address, and telephone number; (2) the
Constructed Export–Price Sales
number of participants; (3) a list of
For CEP sales (sampled and non–
issues to be discussed. See 19 CFR
sampled), we divided the total dumping
351.310(c).
margins for the reviewed sales by the
Issues raised in the hearing will be
limited to those raised in case briefs and total entered value of those reviewed
sales for each importer. We will direct
rebuttal briefs. The Department will
the CBP to assess the resulting
notify all parties in each country–
percentage margin against the entered
specific review as to the applicable
customs values for the subject
briefing schedule. Parties who submit
merchandise on each of that importer’s
case briefs or rebuttal briefs in this
proceeding are requested to submit with entries under the relevant order during
the review period. See 19 CFR
each argument (1) a statement of the
351.212(b).
issue and (2) a brief summary of the
argument. Parties are also encouraged to Cash–Deposit Requirements
provide a summary of the arguments not
In order to derive a single weighted–
to exceed five pages and a table of
average margin for each respondent, we
statutes, regulations, and cases cited.
weight–averaged the EP and CEP
The Department will issue the final
weighted–average deposit rates (using
results of these administrative reviews,
the EP and CEP, respectively, as the
including the results of its analysis of
weighting factors). To accomplish this
issues raised in any such written briefs
or at the hearings, if held, not later than when we sampled CEP sales, we first
120 days after the date of publication of calculated the total dumping margins
for all CEP sales during the review
this notice.
period by multiplying the sample CEP
Assessment Rates
margins by the ratio of total days in the
The Department shall determine, and
review period to days in the sample
CBP shall assess, antidumping duties on weeks. We then calculated a total net
all appropriate entries. In accordance
value for all CEP sales during the review
with 19 CFR 351.212(b)(1), we have
period by multiplying the sample CEP
calculated, whenever possible, an
total net value by the same ratio.
exporter/importer (or customer)-specific Finally, we divided the combined total
assessment rate or value for
dumping margins for both EP and CEP
merchandise subject to these reviews.
sales by the combined total value for
The Department clarified its
both EP and CEP sales to obtain the
‘‘automatic assessment’’ regulation on
deposit rate.
May 6, 2003 (68 FR 23954). This
Furthermore, the following deposit
clarification will apply to entries of
requirements will be effective upon
subject merchandise during the period
publication of the notice of final results
UNITED KINGDOM
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15:59 May 12, 2005
Jkt 205001
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Frm 00024
Fmt 4703
Sfmt 4703
of administrative reviews for all
shipments of ball bearings and parts
thereof 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 established
in the final results of reviews; (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 less–than-fair–value
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; and (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
Antifriction Bearings (Other Than
Tapered Roller Bearings) and Parts
Thereof From France, et al; Final
Results of Antidumping Duty
Administrative Reviews and Revocation
in Part of an Antidumping Duty Order,
58 FR 39729, 39730 (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, Partial Termination of
Administrative Reviews, and Revocation
in Part of Antidumping Duty Orders, 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, when imposed, shall
remain in effect until publication of the
final results of the next administrative
reviews.
Notification to Importer
This notice also serves as a
preliminary 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.
These preliminary results of
administrative reviews are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
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Dated: May 6, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 05–9623 Filed 5–12–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–570–846)
Brake Rotors From the People’s
Republic of China: Preliminary Results
of Changed Circumstances
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is currently
conducting a changed circumstances
administrative review of the
antidumping duty order on brake rotors
from the People’s Republic of China
(‘‘PRC’’). We have preliminarily
determined that Shanxi Fengkun
Foundry Ltd., Co. (‘‘Fengkun Foundry’’)
is not the successor–in-interest to
Shanxi Fengkun Metallurgical Ltd., Co.
(‘‘Fengkun Metallurgical’’) for purposes
of determining antidumping liability.
Interested parties are invited to
comment on these preliminary results.
In accordance with 19 CFR 351.216(e),
the Department will issue the final
results of this antidumping duty
changed circumstances review not later
than July 11, 2005 (i.e., 270 days after
the date on which this review was
initiated).
AGENCY:
EFFECTIVE DATE:
May 13, 2005.
FOR FURTHER INFORMATION CONTACT:
Steve Winkates or Brian Smith, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–1904 or (202) 482–
1766, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 19, 2004, the Department
initiated a changed circumstances
review of Fengkun Foundry’s claim that
it is the successor–of-interest to
Fengkun Metallurgical. See Brake
Rotors from the People’s Republic of
China: Notice of Initiation of Changed
Circumstances Review, 69 FR 61468
(October 19, 2004) (‘‘Initiation Notice’’).
Since the publication of the Initiation
VerDate jul<14>2003
19:28 May 12, 2005
Jkt 205001
Notice, the following events have
occurred.
On November 3, 2004, the petitioner
submitted comments on Fengkun
Foundry’s response to the Department’s
separate rates questionnaire. On
December 22, 2004, the petitioner
submitted a request that the Department
verify Fengkun Foundry in the context
of the changed circumstances review.1
On January 6, 2005, the Department
issued a Supplemental Questionnaire to
Fengkun Foundry. On January 31, 2005,
Fengkun Foundry submitted its
response to the Department’s
Supplemental Questionnaire. On
February 15, 2005, the petitioner
submitted comments on Fengkun
Foundry’s response to the Department’s
Supplemental Questionnaire. On March
16, 2005, the Department issued
Fengkun Foundry a second
Supplemental Questionnaire. On March
30, 2005, Fengkun Foundry submitted
its response to the Department’s second
Supplemental Questionnaire.
Scope of the Order
The products covered by the order are
brake rotors made of gray cast iron,
whether finished, semifinished, or
unfinished, ranging in diameter from 8
to 16 inches (20.32 to 40.64 centimeters)
and in weight from 8 to 45 pounds (3.63
to 20.41 kilograms). The size parameters
(weight and dimension) of the brake
rotors limit their use to the following
types of motor vehicles: automobiles,
all–terrain vehicles, vans, recreational
vehicles under ‘‘one ton and a half,’’
and light trucks designated as ‘‘one ton
and a half.’’
Finished brake rotors are those that
are ready for sale and installation
without any further operations. Semi–
finished rotors are those rotors which
have undergone some drilling and on
which the surface is not entirely
smooth. Unfinished rotors are those
which have undergone some grinding or
turning.
These brake rotors are for motor
vehicles and do not contain in the
casting a logo of an original equipment
manufacturer (‘‘OEM’’) which produces
vehicles sold in the United States (e.g.,
General Motors, Ford, Chrysler, Honda,
Toyota, and Volvo). Brake rotors
covered in this review are not certified
by OEM producers of vehicles sold in
the United States. The scope also
includes composite brake rotors that are
made of gray cast iron which contain a
steel plate but otherwise meet the above
1 The petitioner also requested that the
Department verify the company in the context of
the Seventh Administrative/Eleventh New Shipper
Review, of which Fengkun Foundry’s predecessor,
Fengkun Metallurgical, is a respondent.
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Fmt 4703
Sfmt 4703
25545
criteria. Excluded from the scope of the
review are brake rotors made of gray
cast iron, whether finished,
semifinished, or unfinished, with a
diameter less than 8 inches or greater
than 16 inches (less than 20.32
centimeters or greater than 40.64
centimeters) and a weight less than 8
pounds or greater than 45 pounds (less
than 3.63 kilograms or greater than
20.41 kilograms).
Brake rotors are classifiable under
subheading 8708.39.5010 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). Although the
HTSUS subheading is provided for
convenience and customs purposes, the
written description of the scope of the
order is dispositive.
Preliminary Results
In its January 31, 2005, supplemental
questionnaire response, Fengkun
Metallurgical provided documentation
to support further its claim that effective
November 28, 2003, it received approval
from the Shanxi Industrial and
Commercial Administration Bureau
(‘‘SICAB’’) to change its name to
‘‘Shanxi Fengkun Foundry ltd., Co.’’
The company stated that the idea to
change the name came as a result of
decisions made by Fengkun
Metallurgical’s original owners to reflect
a change in the company’s emphasis
from metallurgical operations to
foundry operations. Specifically, this
documentation consisted of: (1) board
meeting minutes detailing the
company’s reasoning for the name
change; (2) the application to SICAB
requesting approval for the name
change; (3) a notice from SICAB
granting Fengkun Metallurgical’s
proposed name change to Fengkun
Foundry; and (4) Fengkun Foundry’s
business license issued by SICAB (see
Exhibits 1 and 2 of the supplemental
questionnaire response). Both the notice
from SICAB granting the name change
and Fengkun Foundry’s business license
indicate that Fengkun Metallurgical no
longer exists as a legal entity in the PRC.
In its responses to the Department’s
supplemental questionnaires, Fengkun
Metallurgical also provided information
in support of its statements that all
personnel, operations, and facilities
remain essentially unchanged as a result
of changing the name of the company to
Fengkun Foundry.
In contrast, the petitioner contended
in its February 15, 2005, submission
that Fengkun Foundry has not
sufficiently demonstrated that it is the
successor–in-interest of Fengkun
Metallurgical because Fengkun
Metallurgical, unlike Fengkun Foundry,
E:\FR\FM\13MYN1.SGM
13MYN1
Agencies
[Federal Register Volume 70, Number 92 (Friday, May 13, 2005)]
[Notices]
[Pages 25538-25545]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9623]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-427-801, A-428-801, A-475-801, A-588-804, A-559-801, A-412-801
Antifriction Bearings and Parts Thereof from France, Germany,
Italy, Japan, Singapore, and the United Kingdom: Preliminary Results
and Partial Rescission of Antidumping Duty Administrative Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce is conducting administrative reviews of the
antidumping duty orders on antifriction bearings (other than tapered
roller bearings) and parts thereof from France, Germany, Italy, Japan,
Singapore, and the United Kingdom. The merchandise covered by these
orders are ball bearings and parts thereof (ball bearings) from France,
Germany, Italy, Japan, Singapore, and the United Kingdom and spherical
plain bearings and parts thereof from France. The reviews cover 19
manufacturers/exporters. The period of review is May 1, 2003, through
April 30, 2004.
We have preliminarily determined that sales have been made below
normal value by various companies subject to these reviews. If these
preliminary results are adopted in our final results of administrative
reviews, we will instruct U.S. Customs and Border Protection (CBP) to
assess antidumping duties on all appropriate entries.
We invite interested parties to comment on these preliminary
results. Parties who submit comments in these reviews are requested to
submit with each argument (1) a statement of the issue and (2) a brief
summary of the argument.
EFFECTIVE DATE: May 13, 2005.
FOR FURTHER INFORMATION CONTACT: Richard Rimlinger or Kristin Case, 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-
4733.
SUPPLEMENTARY INFORMATION:
Background
On May 15, 1989, the Department published in the Federal Register
(54 FR 20900) the antidumping duty orders on ball bearings from France,
Germany, Italy, Japan, Singapore, and the United Kingdom, and on
spherical plain bearings and parts thereof from France. On June 30,
2004, in accordance with 19 CFR 351.213(b), we published a notice of
initiation of administrative reviews of these orders (68 FR 39055). The
list of companies for which we have initiated administrative reviews
are as follows:
France:
* SKF France S.A. or Sarma (SKF France) - ball bearings and
spherical plain bearings
* SNR Roulements or SNR Europe (SNR) - ball bearings only
* Weber Kugellager International - ball bearings only
Germany:
* Gebr[uuml]der Reinfurt GmbH & Co., KG, Wurzberg, Germany (GRW)
* INA-Schaeffler KG; INA Vermogensverwaltungsgesellschaft GmbH; INA
Holding Schaeffler KG; FAG Kugelfischer Georg-Schaefer AG; FAG
Automobiltechnik AG; FAG OEM und Handel AG; FAG Komponenten AG; FAG
Aircraft/ Super Precision Bearings GmbH; FAG Industrial Bearings AG;
FAG Sales Europe GmbH; FAG International Sales and Service GmbH
(collectively FAG/INA)
* Paul Mueller Industrie GmbH & Co. KG {also listed as GMN (Georg
Mueller Nuremberg){time} ; Paul Mueller GmbH & Co. KG
Unternehmensbeteiligungen (collectively Paul Mueller)
* SKF GmbH (SKF Germany)
* Weber Kugellager International
Italy:
* FAG Italia S.p.A.; FAG Automobiltechnik AG; FAG OEM und Handel AG
(collectively FAG Italy)
* SKF Industrie S.p.A.; SKF RIV-SKF Officine di Villas Perosa
S.p.A.; RFT S.p.A.; OMVP S.p.A. (collectively SKF Italy)
* Weber Kugellager International
Japan:
* Asahi Seiko Co., Ltd. (Asahi)
* Koyo Seiko Co., Ltd. (Koyo)
* NSK Ltd. (NSK)
* NTN Corporation (NTN)
* Nachi-Fujikoshi Corporation (Nachi)
* Nankai Seiko Co., Ltd. (SMT)
* Nippon Pillow Block Company, Ltd. (NPB)
* Osaka Pump Co., Ltd. (Osaka Pump)
* Sapporo Precision Inc. (Sapporo)
* Takeshita Seiko Co., Ltd. (Takeshita)
Singapore:
* NMB Singapore Ltd.; Pelmec Industries (Pte.) Ltd.; NMB
Technologies Corporation (collectively NMB/Pelmec)
United Kingdom:
* The Barden Corporation (UK) Limited; FAG (U.K.) Limited
(collectively Barden/FAG)
[[Page 25539]]
* NSK Bearings Europe (NSK UK)
* SKF Aeroengine Bearings UK (formerly known as Aeroengine Bearings
UK or NSK Aerospace) (SKF UK)
Rescission of Reviews
Subsequent to the publication of our initiation notice, we received
timely withdrawals of the requests we had received for reviews of NSK
UK and Nachi with respect to ball bearings from the United Kingdom and
Japan, respectively. Additionally, we received timely withdrawals of
the requests we had received for reviews of Weber Kugellager
International with respect to ball bearings from France, Germany, and
Italy. Finally, we received a timely withdrawal of the request we had
received for SKF France with respect to spherical plain bearings.
Because there were no other requests for review for these companies and
no interested party objected, we are rescinding the reviews with
respect to these companies in accordance with 19 CFR 351.213(d).
Additionally, because we determined during the previous administrative
review to revoke the antidumping duty order on ball bearings and parts
thereof from Germany which were produced and exported by Paul Mueller
and entered or withdrawn from warehouse for consumption on or after May
1, 2003, we are rescinding the review with respect to Paul Mueller. See
Antifriction Bearings and Parts Thereof From France, Germany, Italy,
Japan, Singapore, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Rescission of Administrative Reviews in
Part, and Determination To Revoke Order in Part, 69 FR 55574, 55578
(September 15, 2004) (AFBs 14).
Scope of Orders
The products covered by the orders are ball bearings (other than
tapered roller 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 Schedules (HTSUS) subheadings: 3926.90.45,
4016.93.00, 4016.93.10, 4016.93.50, 6909.19.5010, 8431.20.00,
8431.39.0010, 8482.10.10, 8482.10.50, 8482.80.00, 8482.91.00,
8482.99.05, 8482.99.2580, 8482.99.35, 8482.99.6595, 8483.20.40,
8483.20.80, 8483.50.8040, 8483.50.90, 8483.90.20, 8483.90.30,
8483.90.70, 8708.50.50, 8708.60.50, 8708.60.80, 8708.70.6060,
8708.70.8050, 8708.93.30, 8708.93.5000, 8708.93.6000, 8708.93.75,
8708.99.06, 8708.99.31, 8708.99.4960, 8708.99.50, 8708.99.5800,
8708.99.8080, 8803.10.00, 8803.20.00, 8803.30.00, 8803.90.30, and
8803.90.90.
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, 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 these orders. For unfinished parts, such parts are
included if they have been heat-treated or 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 listing of scope determinations which pertain to the orders,
see the Scope Determination Memorandum (Scope Memorandum) from the
Antifriction Bearings Team to Laurie Parkhill, dated April 15, 2005.
The Scope Memorandum is on file in the Central Records Unit (CRU), Main
Commerce Building, Room B-099, in the General Issues record (A-100-001)
for the 03/04 reviews.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(``the Act''), we have verified information provided by certain
respondents using standard verification procedures, including on-site
inspection of the manufacturers' facilities, the examination of
relevant sales and financial records, and the selection of original
documentation containing relevant information. Specifically, we
conducted verifications of the following respondents: Asahi, Barden/
FAG, FAG/INA, GRW, NPB, NMB Pelmec, NSK, Sapporo, SKF Germany, SKF
Italy, SMT, and Sapporo. Our verification results are outlined in the
public versions of the verification reports, which are on file in the
CRU, Room B-099.
Use of Adverse Facts Available
In accordance with section 776(a) of the Act, we preliminarily
determine that the use of facts available as the basis for the
weighted-average dumping margin is appropriate for SKF UK. SKF UK did
not submit a response to our antidumping duty questionnaire.\1\
Consequently, we find that it has withheld ``information that has been
requested by the administering authority'' under section 776(a)(2)(A)
of the Act and we must use facts otherwise available to calculate a
margin for SKF UK.
---------------------------------------------------------------------------
\1\ See memorandum from analyst to Laurie Parkhill, ``The Use of
Facts Available and Corroboration of Secondary Information for
Aeroengine Bearings UK in the 2003/2004 Administrative Review of the
Antidumping Duty Order on Ball Bearings and Parts Thereof from the
United Kingdom,'' dated May 6, 2005 (Corroboration Memo).
---------------------------------------------------------------------------
In accordance with section 776(b) of the Act, we are making an
adverse inference in our application of the facts available. This is
appropriate because SKF UK has not provided a response to our request
for information and has not provided any acceptable rationale for its
failure to respond. Therefore, we find that SKF UK has not acted to the
best of its ability in providing us with relevant information which is
under its control. As adverse facts available for SKF UK, we have
applied the highest rate which we have calculated for any company in
any segment of the proceeding on ball bearings from the United Kingdom.
We have selected this rate because it is sufficiently high as to
reasonably assure that SKF UK does not obtain a more favorable result
by failing to cooperate. We calculated this rate, 61.14 percent, for
SKF UK in the original less-than-fair-value investigation. See Final
Determinations of Sales at Less Than Fair Value: Antifriction Bearings
(Other Than Spherical Plain Bearings and Tapered Roller Bearings) and
Parts Thereof From the United Kingdom; and Final Determination of Sales
at Not Less Than Fair Value: Spherical Plain Bearings and Parts Thereof
From the United Kingdom, 84 FR 19120, 19125 (May 3, 1989).
Section 776(c) of the Act provides that the Department shall, to
the extent practicable, corroborate secondary information used for
facts available by reviewing independent sources reasonably at its
disposal. Information
[[Page 25540]]
from a prior segment of the proceeding or from another company in the
same proceeding constitutes secondary information. The Statement of
Administrative Action accompanying the Uruguay Round Agreements Act,
H.R. Doc. 103-316, at 870 (1994) (SAA), provides that the word
``corroborate'' means that the Department will satisfy itself that the
secondary information to be used has probative value. As explained in
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished,
from Japan, and Tapered Roller Bearings Four Inches or Less in Outside
Diameter, and Components Thereof, from Japan: Preliminary Results of
Antidumping Duty Administrative Reviews and Partial Termination of
Administrative Reviews, 61 FR 57391, 57392 (November 6, 1996) (Tapered
Roller Bearings and Parts Thereof from Japan), in order to corroborate
secondary information, the Department will examine, to the extent
practicable, the reliability and relevance of the information used.
Unlike other types of information, however, such as input costs or
selling expenses, there are no independent sources for calculated
dumping margins. The only source for margins is administrative
determinations. Thus, with respect to an administrative review, if the
Department chooses as facts available a calculated dumping margin from
a prior segment of the proceeding, it is not necessary to question the
reliability of the margin for that time period.
With respect to the relevance aspect of corroboration, however, the
Department will consider information reasonably at its disposal as to
whether there are circumstances that would render a margin not
relevant. Where circumstances indicate that the selected margin is not
appropriate as adverse facts available, the Department will disregard
the margin and determine an appropriate margin. See Fresh Cut Flowers
from Mexico; Final Results of Antidumping Duty Administrative Review,
61 FR 6812, 6814 (February 22, 1996), where the Department disregarded
the highest dumping margin as best information available because the
margin was based on another company's uncharacteristic business expense
resulting in an unusually high margin. Further, in accordance with
F.LII De Cecco Di Filippo Fara S. Martino S.p.A. v. United States, 216
F.3d 1027, 1034 (Fed. Cir. 2000), we also examine whether information
on the record would support the selected rates as reasonable facts
available. This rate is the current cash-deposit rate for a number of
firms, was applied to SKF UK in the previous review, and there is no
information reasonably at our disposal that would indicate that there
are circumstances which would render the margin not relevant at this
time. Therefore, we find that the rate which we are using for these
preliminary results has probative value. See Corroboration Memo.
Furthermore, there is no information on the record that
demonstrates that the rate we have selected is inappropriate for use as
the total adverse facts-available rate for the company in question.
Therefore, we consider the selected rate to have probative value with
respect to the firm in question in this review and to reflect the
appropriate adverse inferences.
Export Price and Constructed Export Price
For the price to the United States, we used export price (EP) or
constructed export price (CEP) as defined in sections 772(a) and (b) of
the Act, as appropriate. Due to the extremely large volume of
transactions that occurred during the period of review and the
resulting administrative burden involved in calculating individual
margins for all of these transactions, we sampled CEP sales in
accordance with section 777A of the Act. When a firm made more than
10,000 CEP sales transactions to the United States of merchandise
subject to a particular order, we reviewed CEP sales that occurred
during sample weeks. We selected one week from each two-month period in
the review period, for a total of six weeks, and analyzed each
transaction made in those six weeks. The sample weeks are as follows:
May 11 - May 17, 2003; July 27 - August 2, 2003; September 7 - 13,
2003; December 7 - 13, 2003; January 4 - 10, 2004; April 4 - 10, 2004.
We reviewed all EP sales transactions made during the period of review.
We calculated EP and CEP based on the packed F.O.B., C.I.F., or
delivered price to unaffiliated purchasers in, or for exportation to,
the United States. We made deductions, as appropriate, for discounts
and rebates. We also made deductions for any movement expenses in
accordance with section 772(c)(2)(A) of the Act.
In accordance with section 772(d)(1) of the Act and the SAA at 823-
824, we calculated the CEP by deducting selling expenses associated
with economic activities occurring in the United States, which includes
commissions, direct selling expenses, and U.S. repacking expenses. In
accordance with section 772(d)(1) of the Act, we also deducted those
indirect selling expenses associated with economic activities occurring
in the United States and the profit allocated to expenses deducted
under sections 772(d)(1) in accordance with sections 772(d)(3) and
772(f) of the Act. In accordance with section 772(f) of the Act, we
computed profit based on the total revenues realized on sales in both
the U.S. and home markets, less all expenses associated with those
sales. We then allocated profit to expenses incurred with respect to
U.S. economic activity based on the ratio of total U.S. expenses to
total expenses for both the U.S. and home market. When appropriate, in
accordance with section 772(d)(2) of the Act, we also deducted the cost
of any further manufacture or assembly, except where we applied the
special rule provided in section 772(e) of the Act. See below. Finally,
we made an adjustment for profit allocated to these expenses in
accordance with section 772(d)(3) of the Act.
With respect to subject merchandise to which value was added in the
United States prior to sale to unaffiliated U.S. customers, e.g., parts
of bearings that were imported by U.S. affiliates of foreign exporters
and then further processed into other products which were then sold to
unaffiliated parties, we determined that the special rule for
merchandise with value added after importation under section 772(e) of
the Act applied to all firms that added value in the United States
except NPB and Asahi.
Section 772(e) of the Act provides that, when the subject
merchandise is imported by an affiliated person and the value added in
the United States by the affiliated person is likely to exceed
substantially the value of the subject merchandise, we shall determine
the CEP for such merchandise using the price of identical or other
subject merchandise sold by the exporter or producer to an unaffiliated
customer, if there is a sufficient quantity of sales to provide a
reasonable basis for comparison and we determine that the use of such
sales is appropriate. If there is not a sufficient quantity of such
sales or if we determine that using the price of identical or other
subject merchandise is not appropriate, we may use any other reasonable
basis to determine the CEP.
To determine whether the value added is likely to exceed
substantially the value of the subject merchandise, we estimated the
value added based on the difference between the averages of the prices
charged to the first unaffiliated purchaser for the merchandise as sold
in the United States and the averages of the prices paid for the
subject merchandise by the affiliated purchaser. Based on this
analysis, we determined that the
[[Page 25541]]
estimated value added in the United States by all further-manufacturing
firms, except NPB and Asahi, accounted for at least 65 percent of the
price charged to the first unaffiliated customer for the merchandise as
sold in the United States. See 19 CFR 351.402(c) for an explanation of
our practice on this issue. Therefore, we preliminarily determine that
for these firms the value added is likely to exceed substantially the
value of the subject merchandise. Also, for these firms, we determine
that there was a sufficient quantity of sales remaining to provide a
reasonable basis for comparison and that the use of these sales is
appropriate. See analysis memoranda for Barden U.K., INA/FAG, Koyo,
NSK, NTN, SKF France, SKF Germany, and SKF Italy, dated May 6, 2005.
Accordingly, for purposes of determining dumping margins for the sales
subject to the special rule, we have used the weighted-average dumping
margins calculated on sales of identical or other subject merchandise
sold to unaffiliated persons.
For NPB and Asahi, we determined that the special rule did not
apply because the value added in the United States did not exceed
substantially the value of the subject merchandise. Consequently, these
firms submitted complete responses to our further-manufacturing
questionnaire which included the costs of the further processing
performed by their U.S. affiliates. Because the majority of their
products sold in the United States were further processed, we analyzed
all sales.
No other adjustments to EP or CEP were claimed or allowed.
Home-Market Sales
Based on a comparison of the aggregate quantity of home-market and
U.S. sales and absent any information that a particular market
situation in the exporting country did not permit a proper comparison,
we determined that the quantity of foreign like product sold by all
respondents in the exporting country was sufficient to permit a proper
comparison with the sales of the subject merchandise to the United
States, pursuant to section 773(a) of the Act. Each company's quantity
of sales in its home market was greater than five percent of its sales
to the U.S. market. Therefore, in accordance with section
773(a)(1)(B)(i) of the Act, we based normal value on the prices at
which the foreign like product was first sold for consumption in the
exporting country in the usual commercial quantities and in the
ordinary course of trade and, to the extent practicable, at the same
level of trade as the EP or CEP sales.
Due to the extremely large number of transactions that occurred
during the period of review and the resulting administrative burden
involved in examining all of these transactions, we sampled sales to
calculate normal value in accordance with section 777A of the Act. When
a firm had more than 10,000 home-market sales transactions on a
country-specific basis, we used sales in sample months that
corresponded to the sample weeks which we selected for U.S. CEP sales,
sales in a month prior to the period of review, and sales in the month
following the period of review. The sample months were February, May,
July, September, and December of 2003, and January, April, and May of
2004.
The Department may calculate normal value based on a sale to an
affiliated party only if it is satisfied that the price to the
affiliated party is comparable to the price at which sales are made to
parties not affiliated with the exporter or producer, i.e., sales at
arm's-length prices. See 19 CFR 351.403(c). We excluded sales to
affiliated customers for consumption in the home market that we
determined not to be at arm's-length prices from our analysis. To test
whether these sales were made at arm's-length prices, the Department
compared the prices of sales of comparable merchandise to affiliated
and unaffiliated customers, net of all rebates, movement charges,
direct selling expenses, and packing. Pursuant to 19 CFR 351.403(c) and
in accordance with our practice, when the prices charged to an
affiliated party were, on average, between 98 and 102 percent of the
prices charged to unaffiliated parties for merchandise comparable to
that sold to the affiliated party, we determined that the sales to the
affiliated party were at arm's-length prices. See Antidumping
Proceedings: Affiliated Party Sales in the Ordinary Course of Trade, 67
FR 69186 (November 15, 2002). We included in our calculation of normal
value those sales to affiliated parties that were made at arm's-length
prices.
Cost of Production
Because we disregarded below-cost sales in accordance with section
773(b) of the Act in the last completed review with respect to ball
bearings sold by Barden, Asahi Seiko, INA/FAG, Koyo, NTN, NPB, NSK,
NMB/Pelmec, SKF France, SKF Italy, SNR, FAG Italy, and SKF Germany (see
AFBs 14, 69 FR at 55576), we had reasonable grounds to believe or
suspect that sales of the foreign like product under consideration for
the determination of normal value in these reviews may have been made
at prices below the cost of production (COP) as provided by section
773(b)(2)(A)(ii) of the Act. Therefore, pursuant to section 773(b)(1)
of the Act, we conducted COP investigations of sales by these firms in
the home market. Also, we received allegations in proper form that
Osaka Pump, Takeshita, and GRW had made home-market sales below their
COP and we conducted COP investigations of home-market sales of these
firms as well.
In accordance with section 773(b)(3) of the Act, we calculated the
COP based on the sum of the costs of materials and fabrication employed
in producing the foreign like product, the selling, general, and
administrative (SG&A) expenses, and all costs and expenses incidental
to packing the merchandise. In our COP analysis, we used the home-
market sales and COP information provided by each respondent in its
questionnaire responses.
The petitioner requested on January 11, 2005, that, with respect to
purchases of the foreign like product from unaffiliated parties, the
Department require the respondents to provide the actual cost
information from the unaffiliated suppliers instead of the acquisition
cost for those items. Because this request came well after the
Department had received questionnaire responses and because the
Department has accepted the acquisition costs for purposes of the COP
test and when calculating constructed value in previous segments of
these proceedings, the Department has determined to use the reported
acquisition costs for purposes of these ongoing reviews. We will
require the respondents to report COP and constructed-value information
for purchases from their unaffiliated suppliers where facts in any
2005/06 reviews of these orders reflect the facts in other proceedings
in which we have required respondents to report such information from
unaffiliated suppliers. For further discussion of this issue see the
Memorandum for Barbara E. Tillman from Laurie Parkhill, Ball Bearings
from France, Germany, Italy, Japan, Singapore, and the United Kingdom:
Whether to Use Acquisition Cost or Unaffiliated Suppliers' Cost of
Production, dated May 6, 2005, available in the CRU.
After calculating the COP, in accordance with section 773(b)(1) of
the Act, we tested whether home-market sales of the foreign like
product were made at prices below the COP within an extended period of
time in substantial quantities and whether such prices permitted the
recovery of all costs within a reasonable period of time. We compared
model-specific COPs to the reported home-market prices less any
[[Page 25542]]
applicable movement charges, discounts, and rebates.
Pursuant to section 773(b)(2)(C) of the Act, when less than 20
percent of a respondent's sales of a given product during the period of
review were at prices less than the COP, we disregarded the below-cost
sales because they were made in substantial quantities within an
extended period of time pursuant to sections 773(b)(2)(B) and (C) of
the Act and because, based on comparisons of prices to weighted-average
COPs for the period of review, we determined that these sales were at
prices which would not permit recovery of all costs within a reasonable
period of time in accordance with section 773(b)(2)(D) of the Act. See
analysis memoranda for Asahi Seiko, Barden/FAG, FAG Italy, INA/FAG,
Koyo, Nankai Seiko, NMB/Pelmec, NTN, NPB, NSK, Osaka Pump, GRW,
Takeshita, SNR, SKF France, SKF Italy, and SKF Germany, dated May 6,
2005. Based on this test, we disregarded below-cost sales with respect
to all of the above-mentioned companies.
Model-Match Methodology
In Antifriction Bearings and Parts Thereof from France, Germany,
Italy, Japan, Singapore, and the United Kingdom: Preliminary Results Of
Antidumping Duty Administrative Reviews, Partial Rescission Of
Administrative Reviews, Notice Of Intent To Rescind Administrative
Reviews, And Notice Of Intent To Revoke Order In Part, 69 FR 5949,
5955-56 (February 9, 2004) (AFBs 14 Prelim), we indicated that we had
received a suggestion from the petitioner to alter our model-match
methodology. The petitioner asserted that, instead of averaging the
sales of all of the home-market models within a family as the
Department had done in previous reviews, it would be more accurate to
compare U.S. sales to sales of the single most similar home-market
model in those cases where an identical match cannot be found in the
home market. Although we did not change our approach in the 02/03
reviews, we invited comments from all interested parties on the
proposed change to our model-match methodology. Based on our review of
the record, we have decided to implement a change in our model-match
methodology. For a full discussion and analysis of the model-match
methodology for these reviews, see Memorandum from Barbara Tillman to
Joseph A. Spetrini, Antidumping Duty Reviews on Antifriction Bearings
(and Parts Thereof) From France, Germany, Italy, Japan, Singapore, and
the United Kingdom - Model-Match Methodology, dated May 6, 2005 (Model-
Match Memorandum).
We compared U.S. sales with sales of the foreign like product in
the home market. Specifically, in making our comparisons, we used the
following methodology. If an identical home-market model was reported,
we made comparisons to weighted-average home-market prices that were
based on all sales which passed the cost test of the identical product
during the relevant month. If there were no contemporaneous sales of an
identical model, we identified the most similar home-market model. To
determine the most similar model, we limited our examination to models
sold in the home market that had the same bearing design, load
direction, number of rows, and precision grade. Next, we calculated the
sum of the deviations (expressed as a percentage of the value of the
U.S. characteristics) of the inner diameter, outer diameter, width, and
load rating for each potential home-market match and selected the
bearing with the smallest sum of the deviations. If two or more
bearings had the same sum of the deviations, we selected the model that
had the smallest difference-in-merchandise adjustment. Finally, if no
bearing sold in the home market had a sum of the deviations that was
less than 40 percent, we concluded that no appropriate comparison
existed in the home market and we used the constructed value of the
U.S. model as normal value. See Model-Match Memorandum.
As a result of our decision to change the model-match methodology,
we collected and examined physical-characteristics information for
these reviews which allowed us to ensure that we made appropriate
matches under the new methodology. In some instances, we have examined
the respondents' information concerning physical characteristics of the
merchandise in more depth than in previous reviews under the earlier
``family'' methodology. We expect that, as our use of this methodology
continues, we will examine such information in even more detail. See,
e.g., analysis memorandum for Asahi Seiko dated May 6, 2005.
Normal Value
Home-market prices were based on the packed, ex-factory, or
delivered prices to affiliated or unaffiliated purchasers. When
applicable, we made adjustments for differences in packing and for
movement expenses in accordance with sections 773(a)(6)(A) and (B) of
the Act. We also made adjustments for differences in cost attributable
to differences in physical characteristics of the merchandise pursuant
to section 773(a)(6)(C)(ii) of the Act and 19 CFR 351.411 and for
differences in circumstances of sale in accordance with section
773(a)(6)(C)(iii) of the Act and 19 CFR 351.410. For comparisons to EP,
we made circumstance-of-sale adjustments by deducting home-market
direct selling expenses from and adding U.S. direct selling expenses to
normal value. For comparisons to CEP, we made circumstance-of-sale
adjustments by deducting home-market direct selling expenses from
normal value. We also made adjustments, when applicable, for home-
market indirect selling expenses to offset U.S. commissions in EP and
CEP calculations.
For some companies, we recalculated or denied certain claims by
respondents for adjustments to normal value. For Barden's home-market
sales which were billed in U.S. dollars, we used the actual,
unconverted U.S.-dollar-denominated price as the starting point for
normal value and converted sterling-denominated adjustments, using the
exchange rate on the date of sale of the U.S. sale. For Osaka Pump, we
made quantity adjustments to two observations for returned merchandise
as reported in Osaka Pump's response. For NSK, we removed the lump-sum
billing adjustment NSK reported for one customer because the reported
adjustment was not relevant to sales of the foreign like product. For
NPB, we used facts available to recalculate credit expenses in the home
market because NPB had discounted some of the promissory notes it
received for its home-market sales but did not report the details fully
including the discount rate it paid with respect to these transactions.
For NTN, we changed its bearing-design classifications, did not accept
its claim for elimination of so-called sample sales from the
calculation of normal value, and recalculated U.S. customs duties,
indirect selling expenses for U.S. sales, inventory carrying costs for
home-market and U.S. sales, and packing for home-market sales. We
rejected Asahi's claim that some models it sold in the United States
are virtually identical to models sold in the home market even though
the inner-diameter dimensions of the inner ring are different. Finally,
for Koyo and consistent with AFBs 14 (see our response to Comment 21),
we denied a home-market billing adjustment that Koyo granted on a
model-specific basis but reported on a broad customer-specific basis
because we found that the allocation of this adjustment resulted in its
allocation over sales of models for
[[Page 25543]]
which Koyo had not granted an adjustment, and over sales that had
occurred outside the period of time for which Koyo had granted the
adjustment to the customer. For a more detailed discussion of the
individual changes, please see the Department's company-specific
analysis memoranda dated May 6, 2005.
In accordance with section 773(a)(1)(B)(i) of the Act, we based
normal value, to the extent practicable, on sales at the same level of
trade as the export price or CEP. If normal value was calculated at a
different level of trade, we made an adjustment, if appropriate and if
possible, in accordance with section 773(a)(7)(A) of the Act. See Level
of Trade section below.
Constructed Value
In accordance with section 773(a)(4) of the Act, we used
constructed value as the basis for normal value when there were no
usable sales of the foreign like product in the comparison market. We
calculated constructed value in accordance with section 773(e) of the
Act. We included the cost of materials and fabrication, SG&A expenses,
U.S. packing expenses, and profit in the calculation of constructed
value. In accordance with section 773(e)(2)(A) of the Act, we based
SG&A expenses and profit on the amounts incurred and realized by each
respondent in connection with the production and sale of the foreign
like product in the ordinary course of trade for consumption in the
home market.
When appropriate, we made adjustments to constructed value in
accordance with section 773(a)(8) of the Act, 19 CFR 351.410, and 19
CFR 351.412 for circumstance-of-sale differences and level-of-trade
differences. For comparisons to EP, we made circumstance-of-sale
adjustments by deducting home-market direct selling expenses from and
adding U.S. direct selling expenses to constructed value. For
comparisons to CEP, we made circumstance-of-sale adjustments by
deducting home-market direct selling expenses from constructed value.
We also made adjustments, when applicable, for home-market indirect
selling expenses to offset U.S. commissions in EP and CEP comparisons.
When possible, we calculated constructed value at the same level of
trade as the export price or CEP. If constructed value was calculated
at a different level of trade, we made an adjustment, if appropriate
and if possible, in accordance with sections 773(a)(7) and (8) of the
Act.
Level of Trade
To the extent practicable, we determined normal value for sales at
the same level of trade as the U.S. sales (either export price or CEP).
When there were no sales at the same level of trade, we compared U.S.
sales to home-market sales at a different level of trade. The normal-
value level of trade is that of the starting-price sales in the home
market. When normal value is based on constructed value, the level of
trade is that of the sales from which we derived SG&A and profit.
To determine whether home-market sales are at a different level of
trade than U.S. sales, we examined stages in the marketing process and
selling functions along the chain of distribution between the producer
and the unaffiliated customer. If the comparison-market sales were at a
different level of trade from that of a U.S. sale and the difference
affected price comparability, as manifested in a pattern of consistent
price differences between the sales on which normal value is based and
comparison-market sales at the level of trade of the export
transaction, we made a level-of-trade adjustment under section
773(a)(7)(A) of the Act. See, e.g., Notice of Final Determination of
Sales at Less Than Fair Value: Certain Cut-to-Length Carbon Steel Plate
from South Africa, 62 FR 61731, 61732 (November 19, 1997).
Where the respondent reported no home-market levels of trade that
were equivalent to the CEP level of trade and where the CEP level of
trade was at a less advanced stage than any of the home-market levels
of trade, we were unable to determine a level-of-trade adjustment based
on the respondent's home-market sales of merchandise under review.
Furthermore, we have no other information that provides an appropriate
basis for determining a level-of-trade adjustment. For respondents' CEP
sales, to the extent possible, we determined normal value at the same
level of trade as the U.S. sale to the unaffiliated customer and made a
CEP-offset adjustment in accordance with section 773(a)(7)(B) of the
Act.
For a company-specific description of our level-of-trade analyses
for these preliminary results, see Memorandum to Laurie Parkhill from
Antifriction Bearings Team Regarding Level of Trade, dated May 6, 2005,
on file in the CRU, Room B-099.
Collapsing Decision
During the administrative review of the antidumping duty order on
antifriction bearings and parts thereof from Germany for the period
from May 1, 2002, through April 30, 2003, the Department determined
that it was appropriate to collapse FAG and INA as affiliated producers
for the purposes of calculating an antidumping duty margin. See AFBs 14
Prelim, 69 FR at 5956. As a result of our analysis of the responses of
INA and FAG to our supplemental questionnaires, we have found that the
totality of factual information indicate that it is appropriate to
continue to collapse FAG and INA as affiliated producers for the
purpose of calculating an antidumping duty margin.
Preliminary Results of Reviews
As a result of our reviews, we preliminarily determine the
following percentage weighted-average dumping margins on ball bearings
and parts thereof for the period May 1, 2003, through April 30, 2004:
FRANCE
------------------------------------------------------------------------
Company Margin (percent)
------------------------------------------------------------------------
SKF France.......................................... 7.04
SNR................................................. 13.27
------------------------------------------------------------------------
GERMANY
------------------------------------------------------------------------
Company Margin
------------------------------------------------------------------------
FAG/INA........................................................ 3.79
GRW............................................................ 61.96
SKF Germany.................................................... 17.50
------------------------------------------------------------------------
ITALY
------------------------------------------------------------------------
Company Margin
------------------------------------------------------------------------
FAG Italy...................................................... 5.83
SKF Italy...................................................... 2.81
------------------------------------------------------------------------
JAPAN
------------------------------------------------------------------------
Company Margin
------------------------------------------------------------------------
Asahi.......................................................... 25.71
Koyo........................................................... 15.66
NSK............................................................ 11.88
NTN............................................................ 6.75
Nankai Seiko (SMT)............................................. 2.38
NPB............................................................ 18.17
Osaka Pump..................................................... 11.73
Sapporo........................................................ 12.47
Takeshita...................................................... 7.38
------------------------------------------------------------------------
SINGAPORE
------------------------------------------------------------------------
Company Margin
------------------------------------------------------------------------
NMB/Pelmec..................................................... 3.67
------------------------------------------------------------------------
[[Page 25544]]
UNITED KINGDOM
------------------------------------------------------------------------
Company Margin
------------------------------------------------------------------------
Barden/FAG..................................................... 2.68
SKF UK......................................................... 61.14
------------------------------------------------------------------------
Comments
We will disclose the calculations used in our analysis to parties
to these reviews within five days of the date of publication of this
notice. Any interested party may request a hearing within 30 days of
the date of publication of this notice. A general-issues hearing, if
requested, and any hearings regarding issues related solely to specific
countries, if requested, will be held at the main Commerce Department
building at a time and location to be determined.
Interested parties who wish to request a hearing or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Import Administration, Room B-099, within 30 days of the
date of publication of this notice. Requests should contain the
following: (1) the party's name, address, and telephone number; (2) the
number of participants; (3) a list of issues to be discussed. See 19
CFR 351.310(c).
Issues raised in the hearing will be limited to those raised in
case briefs and rebuttal briefs. The Department will notify all parties
in each country-specific review as to the applicable briefing schedule.
Parties who submit case briefs or rebuttal briefs in this proceeding
are requested to submit with each argument (1) a statement of the issue
and (2) a brief summary of the argument. Parties are also encouraged to
provide a summary of the arguments not to exceed five pages and a table
of statutes, regulations, and cases cited.
The Department will issue the final results of these administrative
reviews, including the results of its analysis of issues raised in any
such written briefs or at the hearings, if held, not later than 120
days after the date of publication of this notice.
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.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003 (68 FR 23954). This clarification will apply to entries of
subject merchandise during the period of review produced by companies
included in these preliminary 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 Notice of Policy Concerning Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
Export-Price Sales
With respect to EP sales, for these preliminary results, 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 Sales
For CEP sales (sampled and non-sampled), 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 the 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
In order to derive a single weighted-average margin for each
respondent, we weight-averaged the EP and CEP weighted-average deposit
rates (using the EP and CEP, respectively, as the weighting factors).
To accomplish this when we sampled CEP sales, we first calculated the
total dumping margins for all CEP sales during the review period by
multiplying the sample CEP margins by the ratio of total days in the
review period to days in the sample weeks. We then calculated a total
net value for all CEP sales during the review period 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.
Furthermore, the following deposit requirements will be effective
upon publication of the notice of final results of administrative
reviews for all shipments of ball bearings and parts thereof 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 established
in the final results of reviews; (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 less-than-fair-value 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; and (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 Antifriction Bearings (Other Than Tapered Roller Bearings) and
Parts Thereof From France, et al; Final Results of Antidumping Duty
Administrative Reviews and Revocation in Part of an Antidumping Duty
Order, 58 FR 39729, 39730 (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, Partial Termination of Administrative Reviews,
and Revocation in Part of Antidumping Duty Orders, 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, when imposed, shall remain in effect until publication of
the final results of the next administrative reviews.
Notification to Importer
This notice also serves as a preliminary 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.
These preliminary results of administrative reviews are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act.
[[Page 25545]]
Dated: May 6, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-9623 Filed 5-12-05; 8:45 am]
BILLING CODE 3510-DS-S