Antifriction Bearings and Parts Thereof from France, Germany, Italy, and the United Kingdom; Five-Year Sunset Reviews of Antidumping Duty Orders; Final Results, 58183-58184 [E5-5457]

Download as PDF Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Notices or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR. Second, that no person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of the Denied Persons any item subject to the EAR; B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Persons of the ownership, possession, or control of any item subject to the ear that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Persons acquire or attempt to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Denied Persons of any item subject to the EAR that has been exported from the United States; D. Obtain from the Denied Persons in the United States any item subject to the EAR with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the EAR that has 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) and Section 766.23(c) of the EAR, the Respondents and the Related Person, respectively, 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 VerDate Aug<31>2005 16:03 Oct 04, 2005 Jkt 208001 Gay Street, Baltimore, Maryland 21202– 4022. The Order becomes effective on October 3, 2005, and shall remain in effect for 180 days until and including March 31, 2006. In accordance with the provisions of Section 766.24(d) and Section 766.23(c) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date, on or before March 11, 2006, with the Assistant Secretary for Export Enforcement. The Respondents and the Related Person 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, on or before March 24, 2006. A copy of this Order shall be served on the Respondents and the Related Person, and shall be published in the Federal Register. 58183 listed below in the section entitled ‘‘Final Results of Reviews.’’ EFFECTIVE DATE: October 5, 2005. FOR FURTHER INFORMATION CONTACT: Zev Primor or Fred W. Aziz, Office 5, AD/ CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4114 or (202) 482– 4023. SUPPLEMENTARY INFORMATION: Background On June 1, 2005, the Department initiated sunset reviews of the antidumping duty orders on antifriction bearings and parts thereof from France, Germany, Italy, and the United Kingdom pursuant to section 751(c) of the Act. See Initiation of Five–Year (‘‘Sunset’’) Reviews, 70 FR 31423 (June 1, 2005). The Department received Notices of Intent to Participate from the Timken Company, Pacamor Kubar Entered this 28th day of September, 2005. Bearings, RBC Bearings, and NSK Thomas W. Andrukonis, Corporation (NSK USA) (collectively, Acting Deputy Assistant Secretary of ‘‘the domestic interested parties’’) Commerce for Export Enforcement. within the deadline specified in 19 CFR [FR Doc. 05–19895 Filed 10–4–05; 8:45 am] 351.218(d)(1)(i) of the Department’s BILLING CODE 3510–DT–M regulations (‘‘Sunset Regulations’’). The domestic interested parties claimed interested–party status under section DEPARTMENT OF COMMERCE 771(9)(C) of the Act as producers of a International Trade Administration domestic like product in the United States. We received complete (A–427–801, A–428–801, A–475–801, A–412– substantive responses from the domestic 801) interested parties within the 30–day Antifriction Bearings and Parts Thereof deadline specified in 19 CFR 351.218(d)(3)(i). from France, Germany, Italy, and the We did not receive substantive United Kingdom; Five–Year Sunset responses from any respondent Reviews of Antidumping Duty Orders; interested parties in the sunset reviews Final Results of the antidumping duty orders on AGENCY: Import Administration, antifriction bearings and parts thereof International Trade Administration, from France, Germany, or Italy. As a Department of Commerce. result, pursuant to section 751(c)(3)(B) SUMMARY: On June 1, 2005, the of the Act and 19 CFR Department of Commerce (the 351.218(e)(1)(ii)(C)(2), the Department Department) initiated a sunset review of conducted expedited sunset reviews of the antidumping duty orders on these orders. For the sunset review of the antifriction bearings and parts thereof antidumping duty order on antifriction from France, Germany, Italy and the bearings and parts thereof from the United Kingdom pursuant to section United Kingdom, the Department 751(c) of the Tariff Act of 1930, as received a substantive response from amended (the Act). On the basis of the respondent NSK Europe Ltd. and NSK notice of intent to participate and adequate substantive responses filed on Bearings Ltd. (collectively, NSK UK). behalf of the domestic interested parties The Department found that NSK UK did not meet the adequacy threshold and inadequate responses from pursuant to section 351.218(e)(1)(ii)(A) respondent interested parties, the Department conducted expedited sunset of the Sunset Regulations. For more information, see the Adequacy reviews. As a result of these sunset Determination Memorandum from the reviews, the Department finds that Sunset Team to Laurie Parkhill, dated revocation of the antidumping duty orders would likely lead to continuation July 21, 2005. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 or recurrence of dumping at the levels PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\05OCN1.SGM 05OCN1 58184 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Notices CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited sunset review of this order. Scope of the Orders Ball Bearings and Parts Thereof The products covered by these orders are ball bearings and parts thereof (BBs). These 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 Schedule 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 subheadings above are provided for convenience and customs purposes, written descriptions of the scope of these orders remain dispositive. Spherical Plain Bearings, Mounted or Unmounted, and Parts Thereof (France only): These products include all spherical plain bearings (SPBs) that employ a spherically shaped sliding element and include spherical plain rod ends. Imports of these products are classified under the following HTSUS subheadings: 3926.90.45, 4016.93.00, 4016.93.00, 4016.93.10, 4016.93.50, 6909.50,10, 8483.30.80, 8483.90.30, 8485.90.00, 8708.93.5000, 8708.99.50, 8803.10.00, 8803.10.00, 8803.20.00, 8803.30.00, and 8803.90.90. The HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope of this order is 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 VerDate Aug<31>2005 16:46 Oct 04, 2005 Jkt 208001 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. This sunset review covers imports of all producers and exporters of ball ¨ bearings, except for Paul Muller, for which the order was revoked. 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 (September 15, 2004). Analysis of Comments Received All issues raised in these cases are addressed in the ‘‘Issues and Decision Memorandum’’ from Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, dated September 29, 2005 (Decision Memorandum), which is hereby adopted by this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margin likely to prevail if the orders were revoked. Parties can find a complete discussion of all issues raised in these sunset reviews and the corresponding recommendations in this public memorandum, which is on file in the CRU, Room B–099 of the main Department building. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at https:// ia.ita.doc.gov. The paper copy and electronic version of the Decision Memorandum are identical in content. Final Results of Reviews We determine that revocation of the antidumping duty orders on antifriction bearings and parts thereof from France, Germany, Italy, and the United Kingdom would likely lead to continuation or recurrence of dumping at the following percentage weighted– average margins: Manufacturers/exporters/producers France (BBs). SKF France .................. SNR Roulements .......... INA France ................... All Others ...................... France (SPBs). SKF France .................. All Others ...................... Germany (BBs). SKF Germany ............... FAG Germany .............. INA ................................ All Others ...................... Italy (BBs). SKF Italy ....................... FAG Italy ....................... All Others ...................... United Kingdom. SKF ............................... NSK/RHP ...................... All Others ...................... Weighted–average margin (percent) 66.42 56.50 66.18 65.13 39.00 39.00 132.25 70.41 31.29 68.89 69.99 68.29 155.57 61.14 44.02 54.27 This notice also serves as the only reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305 of the Department’s regulations. 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 terms of an APO is a violation which is subject to sanction. We are issuing and publishing these results and notice in accordance with sections 751(c), 752, and 777(i)(1) of the Act. Dated: September 29, 2005. Barbara E. Tillman, Acting Assistant Secretary for Import Administration. [FR Doc. E5–5457 Filed 10–5–05; 8:45 am] BILLING CODE: 3510–DS–P E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

[Federal Register Volume 70, Number 192 (Wednesday, October 5, 2005)]
[Notices]
[Pages 58183-58184]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5457]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

(A-427-801, A-428-801, A-475-801, A-412-801)


Antifriction Bearings and Parts Thereof from France, Germany, 
Italy, and the United Kingdom; Five-Year Sunset Reviews of Antidumping 
Duty Orders; Final Results

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 1, 2005, the Department of Commerce (the Department) 
initiated a sunset review of the antidumping duty orders on 
antifriction bearings and parts thereof from France, Germany, Italy and 
the United Kingdom pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act). On the basis of the notice of intent to 
participate and adequate substantive responses filed on behalf of the 
domestic interested parties and inadequate responses from respondent 
interested parties, the Department conducted expedited sunset reviews. 
As a result of these sunset reviews, the Department finds that 
revocation of the antidumping duty orders would likely lead to 
continuation or recurrence of dumping at the levels listed below in the 
section entitled ``Final Results of Reviews.''

EFFECTIVE DATE: October 5, 2005.

FOR FURTHER INFORMATION CONTACT: Zev Primor or Fred W. Aziz, Office 5, 
AD/CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4114 or (202) 482-4023.

SUPPLEMENTARY INFORMATION:

Background

    On June 1, 2005, the Department initiated sunset reviews of the 
antidumping duty orders on antifriction bearings and parts thereof from 
France, Germany, Italy, and the United Kingdom pursuant to section 
751(c) of the Act. See Initiation of Five-Year (``Sunset'') Reviews, 70 
FR 31423 (June 1, 2005). The Department received Notices of Intent to 
Participate from the Timken Company, Pacamor Kubar Bearings, RBC 
Bearings, and NSK Corporation (NSK USA) (collectively, ``the domestic 
interested parties'') within the deadline specified in 19 CFR 
351.218(d)(1)(i) of the Department's regulations (``Sunset 
Regulations''). The domestic interested parties claimed interested-
party status under section 771(9)(C) of the Act as producers of a 
domestic like product in the United States. We received complete 
substantive responses from the domestic interested parties within the 
30-day deadline specified in 19 CFR 351.218(d)(3)(i).
    We did not receive substantive responses from any respondent 
interested parties in the sunset reviews of the antidumping duty orders 
on antifriction bearings and parts thereof from France, Germany, or 
Italy. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 
CFR 351.218(e)(1)(ii)(C)(2), the Department conducted expedited sunset 
reviews of these orders.
    For the sunset review of the antidumping duty order on antifriction 
bearings and parts thereof from the United Kingdom, the Department 
received a substantive response from respondent NSK Europe Ltd. and NSK 
Bearings Ltd. (collectively, NSK UK). The Department found that NSK UK 
did not meet the adequacy threshold pursuant to section 
351.218(e)(1)(ii)(A) of the Sunset Regulations. For more information, 
see the Adequacy Determination Memorandum from the Sunset Team to 
Laurie Parkhill, dated July 21, 2005. As a result, pursuant to section 
751(c)(3)(B) of the Act and 19

[[Page 58184]]

CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited 
sunset review of this order.

Scope of the Orders

Ball Bearings and Parts Thereof

    The products covered by these orders are ball bearings and parts 
thereof (BBs). These 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 Schedule 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 subheadings above are provided for convenience 
and customs purposes, written descriptions of the scope of these orders 
remain dispositive.

Spherical Plain Bearings, Mounted or Unmounted, and Parts Thereof 
(France only):

    These products include all spherical plain bearings (SPBs) that 
employ a spherically shaped sliding element and include spherical plain 
rod ends. Imports of these products are classified under the following 
HTSUS subheadings: 3926.90.45, 4016.93.00, 4016.93.00, 4016.93.10, 
4016.93.50, 6909.50,10, 8483.30.80, 8483.90.30, 8485.90.00, 
8708.93.5000, 8708.99.50, 8803.10.00, 8803.10.00, 8803.20.00, 
8803.30.00, and 8803.90.90. The HTSUS subheadings are provided for 
convenience and customs purposes. The written description of the scope 
of this order is 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.
    This sunset review covers imports of all producers and exporters of 
ball bearings, except for Paul M[uuml]ller, for which the order was 
revoked. 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 (September 15, 2004).

Analysis of Comments Received

    All issues raised in these cases are addressed in the ``Issues and 
Decision Memorandum'' from Barbara E. Tillman, Acting Deputy Assistant 
Secretary for Import Administration, to Joseph A. Spetrini, Acting 
Assistant Secretary for Import Administration, dated September 29, 2005 
(Decision Memorandum), which is hereby adopted by this notice. The 
issues discussed in the Decision Memorandum include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margin 
likely to prevail if the orders were revoked. Parties can find a 
complete discussion of all issues raised in these sunset reviews and 
the corresponding recommendations in this public memorandum, which is 
on file in the CRU, Room B-099 of the main Department building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Web at https://ia.ita.doc.gov. The paper copy 
and electronic version of the Decision Memorandum are identical in 
content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on 
antifriction bearings and parts thereof from France, Germany, Italy, 
and the United Kingdom would likely lead to continuation or recurrence 
of dumping at the following percentage weighted-average margins:

------------------------------------------------------------------------
                                                       Weighted-average
          Manufacturers/exporters/producers            margin (percent)
------------------------------------------------------------------------
France (BBs)........................................
SKF France..........................................               66.42
SNR Roulements......................................               56.50
INA France..........................................               66.18
All Others..........................................               65.13
France (SPBs).......................................
SKF France..........................................               39.00
All Others..........................................               39.00
Germany (BBs).......................................
SKF Germany.........................................              132.25
FAG Germany.........................................               70.41
INA.................................................               31.29
All Others..........................................               68.89
Italy (BBs).........................................
SKF Italy...........................................               69.99
FAG Italy...........................................               68.29
All Others..........................................              155.57
United Kingdom......................................
SKF.................................................               61.14
NSK/RHP.............................................               44.02
All Others..........................................               54.27
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. 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 terms 
of an APO is a violation which is subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: September 29, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-5457 Filed 10-5-05; 8:45 am]
BILLING CODE: 3510-DS-P