Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, Singapore, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, 54711-54714 [E5-5090]
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Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Notices
been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Persons, or service any item, of
whatever origin, that is owned,
possessed or controlled by the Denied
Persons if such service involves the use
of any item subject to the EAR that has
been or will be exported from the
United States. For purposes of this
paragraph, servicing means installation,
maintenance, repair, modification or
testing.
Third, that after notice and
opportunity for comment as provided in
section 766.23 of the EAR, any other
person, firm, corporation, or business
organization related to any of the
Respondents by affiliation, ownership,
control, or position of responsibility in
the conduct of trade or related services
may also be made subject to the
provisions of this Order.
Fourth, that this Order does not
prohibit any export, reexport, or other
transaction subject to the EAR where the
only items involved that are subject to
the EAR are the foreign-produced direct
product of U.S.-origin technology.
In accordance with the provisions of
Section 766.24(e) of the EAR, the
Respondents may, at any time, appeal
this Order by filing a full written
statement in support of the appeal with
the Office of the Administrative Law
Judge, U.S. Coast Guard ALJ Docketing
Center, 40 South Gay Street, Baltimore,
Maryland 21202–4022.
In accordance with the provisions of
Section 766.24(d) of the EAR, BIS may
seek renewal of this Order by filing a
written request not later than 20 days
before the expiration date. The
Respondents may oppose a request to
renew this Order by filing a written
submission with the Assistant Secretary
for Export Enforcement, which must be
received not later than seven days
before the expiration date of the Order.
A copy of this Order shall be served
on the Respondents, and shall be
published in the Federal Register.
This Order is effective on September
11, 2005 and shall remain in effect for
180 days.
Entered this 9th day of September, 2005.
Wendy Wysong,
Deputy Assistant Secretary of Commerce for
Export Enforcement.
[FR Doc. 05–18375 Filed 9–15–05; 8:45 am]
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AG; FAG Automobiltechnik AG;
FAG OEM und Handel AG; FAG
International Trade Administration
Komponenten AG; FAG Aircraft/
Super Precision Bearings GmbH;
[A–427–801, A–428–801, A–475–801, A–588–
FAG Industrial Bearings AG; FAG
804, A–559–801, A 412–801]
Sales Europe GmbH; FAG
International Sales and Service
Ball Bearings and Parts Thereof from
GmbH (collectively FAG/INA)
France, Germany, Italy, Japan,
❉ SKF GmbH (SKF Germany)
Singapore, and the United Kingdom:
Italy:
Final Results of Antidumping Duty
❉ FAG Italia S.p.A.; FAG
Administrative Reviews
Automobiltechnik AG; FAG OEM
AGENCY: Import Administration,
und Handel AG (collectively FAG
International Trade Administration,
Italy)
Department of Commerce.
SUMMARY: On May 13, 2005, the
❉ SKF Industrie S.p.A.; SKF RIV–SKF
Department of Commerce published the
Officine di Villas Perosa S.p.A.;
preliminary results of the administrative
RFT S.p.A.; OMVP S.p.A.
reviews of the antidumping duty orders
(collectively SKF Italy)
on ball bearings and parts thereof from
Japan:
France, Germany, Italy, Japan,
❉ Asahi Seiko Co., Ltd. (Asahi)
Singapore and the United Kingdom. The
❉ Koyo Seiko Co., Ltd. (Koyo)
reviews cover 19 manufacturers/
❉ NSK Ltd. (NSK)
exporters. The period of review is May
❉ NTN Corporation (NTN)
1, 2003, through April 30, 2004.
❉ Nankai Seiko Co., Ltd. (SMT)
❉ Nippon Pillow Block Company,
Based on our analysis of the
Ltd. (NPB)
comments received, we have made
❉ Osaka Pump Co., Ltd. (Osaka Pump)
changes, including corrections of certain
❉ Sapporo Precision Inc., Kitanihon
programming and other clerical errors,
Seiko Co., Ltd., and Sanbi Co., Ltd.
in the margin calculations. Therefore,
(collectively Sapporo)
the final results differ from the
❉ Takeshita Seiko Co., Ltd.
preliminary results. The final weighted–
(Takeshita)
average dumping margins for the
Singapore:
reviewed firms are listed below in the
❉ NMB Singapore Ltd.; Pelmec
section entitled ‘‘Final Results of the
Industries (Pte.) Ltd.; NMB
Reviews.’’
Technologies Corporation
EFFECTIVE DATE: September 16, 2005.
(collectively NMB/Pelmec)
FOR FURTHER INFORMATION CONTACT:
United Kingdom:
Thomas Schauer or Kristin Case, AD/
❉ The Barden Corporation (UK)
CVD Operations, Office 5, Import
Limited; FAG (U.K.) Limited
Administration, International Trade
(collectively Barden/FAG)
Administration, U.S. Department of
❉ SKF Aeroengine Bearings UK
Commerce, 14th Street and Constitution
(formerly known as Aeroengine
Avenue, NW, Washington, DC 20230;
Bearings UK or NSK Aerospace)
telephone: (202) 482–4733.
(SKF UK)
On May 13, 2005, the Department
SUPPLEMENTARY INFORMATION:
published the preliminary results of the
Background
administrative reviews of the
On June 30, 2004, in accordance with antidumping duty orders on ball
19 CFR 351.213(b), we published a
bearings and parts thereof from France,
notice of initiation of administrative
Germany, Italy, Japan, Singapore, and
reviews of these orders (68 FR 39055).
the United Kingdom (70 FR 25538). The
The companies for which we are
period of review is May 1, 2003, through
conducting administrative reviews are
April 30, 2004. We invited interested
as follows:
parties to comment on the preliminary
France:
results. At the request of certain parties,
❉ SKF France S.A. or Sarma (SKF
we held hearings for general issues on
France)
June 28, 2005, and for Japan–specific
issues on July 1, 2005. The Department
❉ SNR Roulements or SNR Europe
has conducted these administrative
(SNR)
reviews in accordance with section 751
Germany:
of the Tariff Act of 1930, as amended
¨
❉ Gebruder Reinfurt GmbH & Co., KG, (the Act).
Wurzberg, Germany (GRW)
Scope of Orders
❉ INA–Schaeffler KG; INA
Vermogensverwaltungsgesellschaft
The products covered by these orders
GmbH; INA Holding Schaeffler KG; are ball bearings (other than tapered
FAG Kugelfischer Georg–Schaefer
roller bearings) and parts thereof. These
DEPARTMENT OF COMMERCE
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products include all 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 of the
United States (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, 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 (1) they have been heat–
treated, or (2) 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
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General Issues record (A–100–001) for
the 03/04 reviews.
Analysis of the Comments Received
All issues raised in the case and
rebuttal briefs by parties to the
concurrent administrative reviews of the
orders on ball bearings and parts thereof
are addressed in the ‘‘Issues and
Decision Memorandum’’ (Decision
Memo) from Barbara E. Tillman, Acting
Deputy Assistant Secretary, to Joseph A.
Spetrini, Acting Assistant Secretary,
dated September 12, 2005, which is
hereby adopted by this notice. A list of
the issues which parties have raised and
to which we have responded, all of
which are in the Decision Memo, is
attached to this notice as an Appendix.
This Decision Memo, which is a public
document, is on file in the CRU, main
Commerce building, Room B–099, and
is accessible on the Web at https://
ia.ita.doc.gov/frn/. The paper
copy and electronic version of the
Decision Memo are identical in content.
Sales Below Cost in the Home Market
The Department disregarded home–
market sales that failed the cost–ofproduction test for the following firms
for these final results of reviews:
Country
Company
France ...........................
Germany .......................
SKF, SNR
GRW, INA/FAG,
SKF Germany
FAG Italy, SKF Italy
Asahi, Koyo,
Nankai Seiko, NPB,
NSK, NTN, Osaka
Pump, Takeshita
NMB/Pelmec
Barden
Italy ...............................
Japan ............................
Singapore .....................
United Kingdom ............
Use of Adverse Facts Available
In accordance with section 776(a) of
the Act, we 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).
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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 Antidumping Duty
Orders and Amendments to the Final
Determinations of Sales at Less Than
Fair Value: Ball Bearings and Parts
Thereof From the United Kingdom, 54
FR 20910 (May 15, 1989).
Section 776(c) of the Act provides that
the Department shall, to the extent
practicable, corroborate secondary
information used for facts available
using independent sources reasonably at
its disposal. Information 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),
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
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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
rate 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 final 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.
Other Changes Since the Preliminary
Results
Based on our analysis of comments
received, we have made revisions that
have changed the results for certain
firms. We have corrected programming
and clerical errors in the preliminary
results, where applicable. Any alleged
programming or clerical errors about
which we or the parties do not agree are
discussed in section 8 of the Decision
Memo.
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Final Results of the Reviews
We determine that the following
percentage weighted–average margins
on ball bearings and parts thereof exist
for the period May 1, 2003, through
April 30, 2004:
FRANCE
Company
SKF France ..................
SNR ..............................
GERMANY
Company
FAG/INA .......................
GRW .............................
SKF Germany ...............
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 final
results of reviews for which the
reviewed companies did not know their
merchandise was destined for the
United States. In such instances, we will
Margin
instruct CBP to liquidate unreviewed
8.41 entries at the all–others rate if there is
11.93 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
Margin
Duties, 68 FR 23954 (May 6, 2003).
5.65
4.58
16.06
ITALY
Company
FAG Italy .......................
SKF Italy .......................
JAPAN
Company
a. Export Price
With respect to export–price (EP)
sales, we divided the total dumping
margins (calculated as the difference
between normal value and the EP) for
each exporter’s importer or customer by
Margin
the total number of units the exporter
5.88 sold to that importer or customer. We
2.59 will direct CBP to assess the resulting
per–unit dollar amount against each
unit of merchandise on each of that
importer’s or customer’s entries under
the relevant order during the review
Margin
period.
Asahi .............................
Koyo ..............................
NSK ..............................
NTN ..............................
Nankai Seiko (SMT) .....
NPB ..............................
Osaka Pump .................
Sapporo ........................
Takeshita ......................
1.33
12.78
8.28
5.93
7.15
15.83
6.14
13.01
7.38
SINGAPORE
Company
Margin
NMB/Pelmec .................
b. Constructed Export Price
For constructed export–price (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 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)(1).
3.56
Cash–Deposit Requirements
To calculate the cash–deposit rate for
UNITED KINGDOM
each respondent (i.e., each exporter
and/or manufacturer included in these
Company
Margin
reviews), we divided the total dumping
Barden/FAG ..................
2.78 margins for each company by the total
SKF UK .........................
61.14 net value of that company’s sales of
merchandise during the review period
subject to each order.
Assessment Rates
To derive a single deposit rate for
The Department will determine and
each respondent, we weight–averaged
CBP shall assess antidumping duties on the EP and CEP deposit rates (using the
all appropriate entries. We will issue
EP and CEP, respectively, as the
appropriate assessment instructions
weighting factors). To accomplish this
directly to CBP within 15 days of
when we sampled CEP sales, we first
publication of these final results of
calculated the total dumping margins
reviews. In accordance with 19 CFR
for all CEP sales during the review
351.212(b)(1), we have calculated,
period by multiplying the sample CEP
whenever possible, an importer/
margins by the ratio of total days in the
customer–specific assessment rate or
review period to days in the sample
value for subject merchandise.The
weeks. We then calculated a total net
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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.
We will direct CBP to collect the
resulting percentage deposit rate against
the entered customs value of each of the
exporter’s entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of this
notice. Entries of parts incorporated into
finished bearings before sales to an
unaffiliated customer in the United
States will receive the respondent’s
deposit rate applicable to the order.
Furthermore, the following deposit
requirements will be effective upon
publication of this notice of final results
of administrative reviews for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication, as provided by section
751(a)(1) of the Act: (1) the cash–deposit
rates for the reviewed companies will be
the rates shown above; (2) for previously
reviewed or investigated companies not
listed above, the cash–deposit rate will
continue to be the company–specific
rate published for the most recent
period; (3) if the exporter is not a firm
covered in this review, a prior review,
or the original less–than-fair–value
(LTFV) investigation but the
manufacturer is, the cash–deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; (4) the cash–deposit
rate for all other manufacturers or
exporters will continue to be the ‘‘All
Others’’ rate for the relevant order made
effective by the final results of review
published on July 26, 1993. See
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
(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
LTFV investigation.
These deposits requirements shall
remain in effect until publication of the
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final results of the next administrative
reviews.
This notice serves as a 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 these
review periods. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO are
sanctionable violations.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: September 12, 2005.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix
Comments and Responses
1. Offsetting of Negative Margins
2. Model–Match Methodology
3. Acquisition Cost vs. Suppliers Cost
4. U.S. Repacking Costs
5. CEP Profit
6. Affiliation
7. Billing Adjustments
8. Clerical Errors
9. Miscellaneous Issues
A. NSK–U.S. Selling Expense:
Treatment of Certain Japanese–
Worker Expenses
B. Bearing–Design Types
C. Ordinary Course of Trade: High–
Profit Sales
D. Sample Sales in the Home Market
E. Inventory Carrying Costs
F. U.S. Customs Duties
G. Packing Expense for Home–Market
Sales
H. Indirect Selling Expenses Incurred in
Japan
I. Indirect Selling Expenses Incurred in
the United States
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 091305D]
Gulf of Mexico Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
SUMMARY: The Gulf of Mexico Fishery
Management Council will relocate
previously published public meetings to
St. Petersburg, FL due to the devastation
in New Orleans, LA by Hurricane
Katrina.
The meetings will be held
October 3–6, 2005.
ADDRESSES: These meetings will now be
held at the Hilton St. Petersburg, 333
First Street South, St. Petersburg, FL
33701. These meetings were originally
scheduled at the Wyndham Bourbon
Orleans, 717 Orleans Street, New
Orleans, LA 70116, but are being
relocated due to Hurricane Katrina.
Council address: Gulf of Mexico
Fishery Management Council, 2203
North Lois Avenue, Suite 1100, Tampa,
FL 33607.
FOR FURTHER INFORMATION CONTACT:
Wayne E. Swingle, Executive Director,
Gulf of Mexico Fishery Management
Council; telephone: 813.348.1630.
SUPPLEMENTARY INFORMATION:
DATES:
Council
Wednesday, October 5, 2005
8:30 a.m. – Convene.
8:45 a.m. – 12 noon - Receive public
testimony on (a) Final Reef Fish
Amendment 18A/EA, (b) Final Red
Grouper Regulatory Amendment, and
(c) Exempted fishing permits (if any).
1:30 p.m. – 3 p.m. - Receive the Reef
Fish Management Committee Report.
3 p.m. – 5:30 p.m. - Receive the joint
Reef Fish/Shrimp Management
Committees Report.
Thursday, October 6, 2005
8 a.m. – 9 a.m. - Litigation Briefing
(CLOSED SESSION).
9 a.m. – 10:30 a.m. - Receive the joint
Reef Fish/Shrimp Management
Committees Report.
10:30 a.m. – 11 a.m. - Receive the
Migratory Species Management
Committee Report.
11 a.m. – 11:15 a.m. - Receive the
joint Reef Fish/Mackerel/Red Drum
Committees Report.
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]]>Agencies
[Federal Register Volume 70, Number 179 (Friday, September 16, 2005)]
[Notices]
[Pages 54711-54714]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5090]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-801, A-428-801, A-475-801, A-588-804, A-559-801, A 412-801]
Ball Bearings and Parts Thereof from France, Germany, Italy,
Japan, Singapore, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 13, 2005, the Department of Commerce published the
preliminary results of the administrative reviews of the antidumping
duty orders on ball bearings and parts thereof from France, Germany,
Italy, Japan, Singapore and the United Kingdom. The reviews cover 19
manufacturers/exporters. The period of review is May 1, 2003, through
April 30, 2004.
Based on our analysis of the comments received, we have made
changes, including corrections of certain programming and other
clerical errors, in the margin calculations. Therefore, the final
results differ from the preliminary results. The final weighted-average
dumping margins for the reviewed firms are listed below in the section
entitled ``Final Results of the Reviews.''
EFFECTIVE DATE: September 16, 2005.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer 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 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 companies for which we are conducting
administrative reviews are as follows:
France:
[star30] SKF France S.A. or Sarma (SKF France)
[star30] SNR Roulements or SNR Europe (SNR)
Germany:
[star30] Gebr[uuml]der Reinfurt GmbH & Co., KG, Wurzberg, Germany
(GRW)
[star30] 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)
[star30] SKF GmbH (SKF Germany)
Italy:
[star30] FAG Italia S.p.A.; FAG Automobiltechnik AG; FAG OEM und
Handel AG (collectively FAG Italy)
[star30] 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)
Japan:
[star30] Asahi Seiko Co., Ltd. (Asahi)
[star30] Koyo Seiko Co., Ltd. (Koyo)
[star30] NSK Ltd. (NSK)
[star30] NTN Corporation (NTN)
[star30] Nankai Seiko Co., Ltd. (SMT)
[star30] Nippon Pillow Block Company, Ltd. (NPB)
[star30] Osaka Pump Co., Ltd. (Osaka Pump)
[star30] Sapporo Precision Inc., Kitanihon Seiko Co., Ltd., and
Sanbi Co., Ltd. (collectively Sapporo)
[star30] Takeshita Seiko Co., Ltd. (Takeshita)
Singapore:
[star30] NMB Singapore Ltd.; Pelmec Industries (Pte.) Ltd.; NMB
Technologies Corporation (collectively NMB/Pelmec)
United Kingdom:
[star30] The Barden Corporation (UK) Limited; FAG (U.K.) Limited
(collectively Barden/FAG)
[star30] SKF Aeroengine Bearings UK (formerly known as Aeroengine
Bearings UK or NSK Aerospace) (SKF UK)
On May 13, 2005, the Department published the preliminary results
of the administrative reviews of the antidumping duty orders on ball
bearings and parts thereof from France, Germany, Italy, Japan,
Singapore, and the United Kingdom (70 FR 25538). The period of review
is May 1, 2003, through April 30, 2004. We invited interested parties
to comment on the preliminary results. At the request of certain
parties, we held hearings for general issues on June 28, 2005, and for
Japan-specific issues on July 1, 2005. The Department has conducted
these administrative reviews in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of Orders
The products covered by these orders are ball bearings (other than
tapered roller bearings) and parts thereof. These
[[Page 54712]]
products include all 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 of the United States (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, 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 (1) they have been heat-treated, or (2) 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.
Analysis of the Comments Received
All issues raised in the case and rebuttal briefs by parties to the
concurrent administrative reviews of the orders on ball bearings and
parts thereof are addressed in the ``Issues and Decision Memorandum''
(Decision Memo) from Barbara E. Tillman, Acting Deputy Assistant
Secretary, to Joseph A. Spetrini, Acting Assistant Secretary, dated
September 12, 2005, which is hereby adopted by this notice. A list of
the issues which parties have raised and to which we have responded,
all of which are in the Decision Memo, is attached to this notice as an
Appendix. This Decision Memo, which is a public document, is on file in
the CRU, main Commerce building, Room B-099, and is accessible on the
Web at https://ia.ita.doc.gov/frn/. The paper copy and
electronic version of the Decision Memo are identical in content.
Sales Below Cost in the Home Market
The Department disregarded home-market sales that failed the cost-
of-production test for the following firms for these final results of
reviews:
------------------------------------------------------------------------
Country Company
------------------------------------------------------------------------
France.............................................. SKF, SNR
Germany............................................. GRW, INA/FAG, SKF
Germany
Italy............................................... FAG Italy, SKF
Italy
Japan............................................... Asahi, Koyo,
Nankai Seiko, NPB,
NSK, NTN, Osaka
Pump, Takeshita
Singapore........................................... NMB/Pelmec
United Kingdom...................................... Barden
------------------------------------------------------------------------
Use of Adverse Facts Available
In accordance with section 776(a) of the Act, we 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.
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\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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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
Antidumping Duty Orders and Amendments to the Final Determinations of
Sales at Less Than Fair Value: Ball Bearings and Parts Thereof From the
United Kingdom, 54 FR 20910 (May 15, 1989).
Section 776(c) of the Act provides that the Department shall, to
the extent practicable, corroborate secondary information used for
facts available using independent sources reasonably at its disposal.
Information 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), 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
[[Page 54713]]
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 rate 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
final 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.
Other Changes Since the Preliminary Results
Based on our analysis of comments received, we have made revisions
that have changed the results for certain firms. We have corrected
programming and clerical errors in the preliminary results, where
applicable. Any alleged programming or clerical errors about which we
or the parties do not agree are discussed in section 8 of the Decision
Memo.
Final Results of the Reviews
We determine that the following percentage weighted-average margins
on ball bearings and parts thereof exist for the period May 1, 2003,
through April 30, 2004:
FRANCE
------------------------------------------------------------------------
Company Margin
------------------------------------------------------------------------
SKF France.......................................... 8.41
SNR................................................. 11.93
------------------------------------------------------------------------
GERMANY
------------------------------------------------------------------------
Company Margin
------------------------------------------------------------------------
FAG/INA............................................. 5.65
GRW................................................. 4.58
SKF Germany......................................... 16.06
------------------------------------------------------------------------
ITALY
------------------------------------------------------------------------
Company Margin
------------------------------------------------------------------------
FAG Italy........................................... 5.88
SKF Italy........................................... 2.59
------------------------------------------------------------------------
JAPAN
------------------------------------------------------------------------
Company Margin
------------------------------------------------------------------------
Asahi............................................... 1.33
Koyo................................................ 12.78
NSK................................................. 8.28
NTN................................................. 5.93
Nankai Seiko (SMT).................................. 7.15
NPB................................................. 15.83
Osaka Pump.......................................... 6.14
Sapporo............................................. 13.01
Takeshita........................................... 7.38
------------------------------------------------------------------------
SINGAPORE
------------------------------------------------------------------------
Company Margin
------------------------------------------------------------------------
NMB/Pelmec.......................................... 3.56
------------------------------------------------------------------------
UNITED KINGDOM
------------------------------------------------------------------------
Company Margin
------------------------------------------------------------------------
Barden/FAG.......................................... 2.78
SKF UK.............................................. 61.14
------------------------------------------------------------------------
Assessment Rates
The Department will determine and CBP shall assess antidumping
duties on all appropriate entries. We will issue appropriate assessment
instructions directly to CBP within 15 days of publication of these
final results of reviews. In accordance with 19 CFR 351.212(b)(1), we
have calculated, whenever possible, an importer/customer-specific
assessment rate or value for subject merchandise.The Department
clarified its ``automatic assessment'' regulation on May 6, 2003 (68 FR
23954). This clarification will apply to entries of subject merchandise
during the period of review produced by companies included in these
final results of reviews for which the reviewed companies did not know
their merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction. For a full discussion of this
clarification, see Notice of Policy Concerning Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
a. Export Price
With respect to export-price (EP) sales, we divided the total
dumping margins (calculated as the difference between normal value and
the EP) for each exporter's importer or customer by the total number of
units the exporter sold to that importer or customer. We will direct
CBP to assess the resulting per-unit dollar amount against each unit of
merchandise on each of that importer's or customer's entries under the
relevant order during the review period.
b. Constructed Export Price
For constructed export-price (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 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)(1).
Cash-Deposit Requirements
To calculate the cash-deposit rate for each respondent (i.e., each
exporter and/or manufacturer included in these reviews), we divided the
total dumping margins for each company by the total net value of that
company's sales of merchandise during the review period subject to each
order.
To derive a single deposit rate for each respondent, we weight-
averaged the EP and CEP deposit rates (using the EP and CEP,
respectively, as the weighting factors). To accomplish this when we
sampled CEP sales, 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
[[Page 54714]]
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.
We will direct CBP to collect the resulting percentage deposit rate
against the entered customs value of each of the exporter's entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice. Entries
of parts incorporated into finished bearings before sales to an
unaffiliated customer in the United States will receive the
respondent's deposit rate applicable to the order.
Furthermore, the following deposit requirements will be effective
upon publication of this notice of final results of administrative
reviews for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(1) of the Act: (1) the cash-
deposit rates for the reviewed companies will be the rates shown above;
(2) for previously reviewed or investigated companies not listed above,
the cash-deposit rate will continue to be the company-specific rate
published for the most recent period; (3) if the exporter is not a firm
covered in this review, a prior review, or the original less-than-fair-
value (LTFV) investigation but the manufacturer is, the cash-deposit
rate will be the rate established for the most recent period for the
manufacturer of the merchandise; (4) the cash-deposit rate for all
other manufacturers or exporters will continue to be the ``All Others''
rate for the relevant order made effective by the final results of
review published on July 26, 1993. See 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 (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 LTFV investigation.
These deposits requirements shall remain in effect until
publication of the final results of the next administrative reviews.
This notice serves as a 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 these review periods. Failure to comply with
this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO are sanctionable violations.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: September 12, 2005.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix
Comments and Responses
1. Offsetting of Negative Margins
2. Model-Match Methodology
3. Acquisition Cost vs. Suppliers Cost
4. U.S. Repacking Costs
5. CEP Profit
6. Affiliation
7. Billing Adjustments
8. Clerical Errors
9. Miscellaneous Issues
A. NSK-U.S. Selling Expense: Treatment of Certain Japanese-Worker
Expenses
B. Bearing-Design Types
C. Ordinary Course of Trade: High-Profit Sales
D. Sample Sales in the Home Market
E. Inventory Carrying Costs
F. U.S. Customs Duties
G. Packing Expense for Home-Market Sales
H. Indirect Selling Expenses Incurred in Japan
I. Indirect Selling Expenses Incurred in the United States
[FR Doc. E5-5090 Filed 9-15-05; 8:45 am]
BILLING CODE 3510-DS-S
