Ball Bearings and Parts Thereof from Italy and the United Kingdom: Initiation of Antidumping Duty Changed-Circumstances Reviews, 10643-10645 [E7-4290]
Download as PDF
Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Notices
the Board’s regulations, including
Section 400.28, and further subject to
the Board’s standard 2,000-acre
activation limit for the overall zone
project and a sunset provision for Sites
7 through 10 that would terminate
authority for the sites on March 31,
2014, for any of the sites that have not
been activated under FTZ procedures
before that date.
Signed at Washington, DC this 28th day of
February 2007.
David M. Spooner,
Assistant Secretary of Commerce for Import
Administration, Alternate Chairman, ForeignTrade Zones Board.
Attest:
Andrew McGilvray,
Executive Secretary.
[FR Doc. E7–4287 Filed 3–8–07; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign–Trade Zones Board
[Docket 9–2007]
jlentini on PROD1PC65 with NOTICES
Foreign–Trade Zone 38–Spartanburg
County, South Carolina, Application
for Subzone, Leiner Health Products
LLC (Ibuprofen Products), Fort Mill,
South Carolina
An application has been submitted to
the Foreign–Trade Zones (FTZ) Board
(the Board) by the South Carolina State
Ports Authority, grantee of FTZ 38,
requesting special–purpose subzone
status with manufacturing authority for
certain ibuprofen products at the
pharmaceutical manufacturing facility
of Leiner Health Products, LLC (Leiner),
located in Fort Mill, South Carolina.
Leiner is a manufacturer of store–brand
vitamin, mineral and nutritional
supplements (VMS) and over–thecounter (OTC) pharmaceutical products.
The application was submitted pursuant
to the Foreign–Trade Zones Act, as
amended (19 U.S.C. 81a–81u), and the
regulations of the Board (15 CFR part
400). It was formally filed on March 2,
2007.
The proposed subzone (1 building of
620,000 square feet of enclosed space on
27 acres) is located at 355 Crestmont
Drive, in Fort Mill, South Carolina. The
Leiner plant (600 permanent employees
and 100–200 seasonal employees)
manufactures, packages, and
warehouses both solid–dose VMS and
OTC pharmaceutical products.
Initially, Leiner is proposing to
manufacture ibuprofen products under
zone procedures at the plant. At the
outset, inverted tariff zone savings will
result from the production of finished
VerDate Aug<31>2005
21:24 Mar 08, 2007
Jkt 211001
ibuprofen mixture (HTSUS 3003.90,
duty–free) and finished ibuprofen
products (HTSUS 3004.90, duty–free;
up to 2.5 billion pills per year) using
foreign–sourced active ingredient
ibuprofen (HTSUS 2916.39, 6.5% duty
rate).
The application also indicates the
possibility of producing bulk
acetaminophen mixture (HTSUS
3003.90, duty–free) and finished
acetaminophen products (HTSUS
3004.90, duty–free), which the company
may produce at the plant in the future,
using foreign–sourced active ingredient
acetaminophen (HTSUS 2924.29, 6.5%
duty rate). (New major activity for this
product would require review by the
FTZ Board.) Leiner also plans to admit
other foreign inputs under FTZ
procedures, but will make customs
entry before manufacture into products
at the Fort Mill facility or before
distribution to other Leiner U.S.
manufacturing facilities.
For Leiner’s ibuprofen–related
production, zone procedures would
exempt the company from Customs duty
payments on foreign materials used in
production for export. On domestic
shipments, the company would be able
to choose the duty rate during Customs
entry procedures that applies to finished
ibuprofen mixture and products (duty–
free) for the otherwise dutiable foreign
active ingredient inputs (6.5% duty rate)
noted above (inverted tariff).
Leiner would also obtain duty deferral
savings and be able to avoid duty on
foreign inputs which become scrap/
waste (approximately 5% scrap and
waste rate). Additionally, Leiner may
realize logistical/procedural and other
benefits from subzone status. The
application projects up to $642,000 in
total FTZ savings (some 65% of which
are tied to the inverted tariff on
ibuprofen), which it indicates would
help improve the international
competitiveness of Leiner’s Fort Mill
plant.In accordance with the Board’s
regulations, a member of the FTZ staff
has been designated examiner to
investigate the application and report to
the Board.
Public comment is invited from
interested parties. Information
submitted for the record generally
should be in a non–proprietary format.
If there is a need to submit business
proprietary information, it should be
appropriately marked and summarized
or ranged (in the case of numerical data)
in the public submission, which should
be accompanied by a single business
proprietary version.
Submissions (original and 3 copies)
shall be addressed to the Board’s
Executive Secretary at the address
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
10643
below. The closing period for the receipt
of the public comment submissions is
May 10, 2007. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period
through May 25, 2007.
A copy of the application will be
available for public inspection at each of
the following locations: U.S.
Department of Commerce Export
Assistance Center, 521 East Morehead
Street, Suite 435, Charlotte, NC 28217;
and, Office of the Executive Secretary,
Foreign–Trade Zones Board, Room
2814B, U.S. Department of Commerce,
1401 Constitution Avenue, NW,
Washington, D.C. 20230–0002.
For further information, contact Diane
Finver at DianelFinver@ita.doc.gov or
(202) 482–1367.
Dated: March 5, 2007.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E7–4285 Filed 3–8–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–801, A–412–801]
Ball Bearings and Parts Thereof from
Italy and the United Kingdom: Initiation
of Antidumping Duty Changed–
Circumstances Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
has received information sufficient to
warrant initiation of changed–
circumstances reviews of the
antidumping duty orders on ball
bearings and parts thereof from Italy and
the United Kingdom pursuant to section
751(b) of the Tariff Act of 1930, as
amended.
EFFECTIVE DATE: March 9, 2007.
FOR FURTHER INFORMATION CONTACT:
Kristin Case at (202) 482–3174 or
Richard Rimlinger at (202) 482–4477,
AD/CVD Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department of Commerce (the
Department) published antidumping
duty orders on ball bearings and parts
thereof from Italy and the United
Kingdom on May 15, 1989. See
Antidumping Duty Orders: Ball Bearings
E:\FR\FM\09MRN1.SGM
09MRN1
10644
Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Notices
jlentini on PROD1PC65 with NOTICES
and Cylindrical Roller Bearings and
Parts Thereof From Italy, 54 FR 20903
(May 15, 1989), and Antidumping Duty
Orders and Amendments to the Final
Determinations of Sales at Less Than
Fair Value: Ball Bearings and
Cylindrical Roller Bearings and Parts
Thereof From the United Kingdom, 54
FR 20910 (May 15, 1989).
On August 11, 2000, the Department
revoked the antidumping duty order on
ball bearings and parts thereof from Italy
with respect to Somecat S.p.A.
(Somecat). See Antifriction Bearings
(Other Than Tapered Roller Bearings)
and Parts Thereof From France,
Germany, Italy, Japan, Romania,
Singapore, Sweden, and the United
Kingdom; Final Results of Antidumping
Duty Administrative Reviews and
Revocation of Orders in Part, 65 FR
49219 (August 11, 2000).1 On July 12,
2001, the Department revoked the
antidumping duty order on ball bearings
and parts thereof from the United
Kingdom with respect to SNFA UK. See
Antifriction Bearings (Other Than
Tapered Roller Bearings) and Parts
Thereof From France, Germany, Italy,
Japan, Sweden, and the United
Kingdom: Final Results of Antidumping
Duty Administrative Reviews and
Revocation of Orders in Part, 66 FR
36551 (July 12, 2001).
On January 9, 2007, Somecat S.p.A.,
a subsidiary of Societe Nouvelle de
Fabrication Aeronautique S.A.S.U.
(SNFA), and SKF Industries S.p.A. (SKF
Italy) notified the Department of a
change in ownership of SNFA.2 On
January 26, 2007, SNFA Bearings Ltd.
(SNFA UK), a subsidiary of SNFA, and
SKF UK Ltd. filed a similar notification.
Specifically, Somecat, SNFA UK, SKF
Italy, and SKF UK notified the
Department that, on July 4, 2006,
through its subsidiary SKF Holding
France S.A., AB SKF purchased all
outstanding shares of SNFA. Somecat
and SKF Italy stated that, because
Somecat and SKF Italy will continue to
operate as separate and distinct
businesses, Somecat is not the
1 The Department had determined previously that
Somecat bearings are marked ‘‘SNFA Italy’’
(Antifriction Bearings (Other Than Tapered Roller
Bearings) and Parts Thereof From France, Germany,
Italy, Japan, Romania, Sweden, and the United
Kingdom; Final Results of Antidumping Duty
Administrative Reviews, 64 FR 35590 (July 1, 1999),
and accompanying Issues and Decision
Memorandum at Comment 1 in Section 11.B).
2 In response to a request by Societe Nouvelle de
Fabrication Aeronautique S.A.S.U., SKF France
S.A., and SKF Aerospace France S.A.S., the
Department has initiated a changed- circumstances
review of the antidumping duty order on ball
bearings and parts thereof from France. See Ball
Bearings and Parts Thereof From France: Initiation
of an Antidumping Duty Changed-Circumstances
Review, 72 FR 9513 (March 2, 2007).
VerDate Aug<31>2005
21:24 Mar 08, 2007
Jkt 211001
successor–in-interest to SKF Italy nor is
SKF Italy a successor–in-interest to the
pre–acquisition Somecat. Accordingly,
SKF Italy and Somecat asserted, it
would be inappropriate to assign the
SKF Italy cash–deposit rate to entries of
subject merchandise from Somecat.
SNFA UK and SKF UK stated that,
because SNFA UK and SKF UK will
continue to operate as separate and
distinct businesses until a planned
relocation of SNFA UK’s manufacturing
facilities occurs later in 2007, SNFA UK
is not the successor–in-interest to SKF
UK nor is SKF UK the successor–ininterest to the pre–acquisition SNFA
UK. Accordingly, SKF UK and SNFA
UK asserted, it would be inappropriate
to assign the SKF UK cash–deposit rate
to entries of subject merchandise from
SNFA UK.
We did not receive any other
comments.
Scope of the Order
The products covered by these orders
are ball bearings and parts thereof.
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 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.
As a result of recent changes to the
Harmonized Tariff Schedule, effective
February 2, 2007, the subject
merchandise is also classifiable under
the following additional HTS item
numbers: 8708.30.5090, 8708.40.7500,
8708.50.7900, 8708.50.8900,
8708.50.9150, 8708.50.9900,
8708.80.6590, 8708.94.75, 8708.95.2000,
8708.99.5500, 8708.99.68, and
8708.99.8180.
Although the HTSUS item numbers
above are provided for convenience and
customs purposes, written descriptions
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
of the scope of these orders remain
dispositive.
For a listing of scope determinations
which pertain to the order on ball
bearings and parts thereof, see the Scope
Determination Memorandum (Scope
Memorandum) from the Antifriction
Bearings Team to Laurie Parkhill, dated
March 2, 2006. 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 2004/
2005 administrative reviews of the
orders on antifriction bearings.
Initiation of Changed–Circumstances
Reviews
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
the Department will conduct a changed–
circumstances review upon receipt of
information concerning, or a request
from an interested party for a review of,
an antidumping duty order which
shows changed circumstances sufficient
to warrant a review of the order.
Although SKF Italy, SKF UK, Somecat,
and SNFA UK assert that conduct of
changed–circumstances reviews for the
Italy and United Kingdom proceedings
would be premature, we disagree and
determine that the information
submitted demonstrates changed
circumstances sufficient to warrant
reviews of the antidumping duty orders
on ball bearings and parts thereof from
Italy and the United Kingdom. For
example, SKF Italy and Somecat
acknowledge a degree of overlapping
production and state that, in instances
where both utilize a common supplier,
attempts have been made to renegotiate
prices based on their combined
purchasing power. Further, SKF UK’s
and SNFA UK’s statement that a plan to
relocate SNFA UK’s production
facilities is being developed indicates
that production planning and
production management decisions may
have changed as a result of AB SKF’s
purchase of SNFA. Finally, SKF Italy,
SKF UK, Somecat, and SNFA UK state
that SNFA Group management now
reports to SKF Group management.
Accordingly, we cannot conclude, as
requested by SNFA UK and SKF UK,
that SNFA UK is not the successor–ininterest to SKF UK nor is SKF UK the
successor–in-interest to the pre–
acquisition SNFA UK. Similarly, we
cannot conclude, as requested by
Somecat and SKF Italy, that Somecat is
not the successor–in-interest to SKF
Italy nor is SKF Italy a successor–ininterest to the pre–acquisition Somecat.
Therefore, in accordance with section
751(b)(1) of the Act, the Department is
initiating changed–circumstances
E:\FR\FM\09MRN1.SGM
09MRN1
Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Notices
reviews of the antidumping duty orders
on ball bearings and parts thereof from
Italy and the United Kingdom.
Therefore, in accordance with 19 CFR
351.221(b)(2) and (4) and 19 CFR
351.221(c)(3)(i), we will issue
questionnaires requesting factual
information for the reviews and will
publish a notice of preliminary results
of the antidumping duty changed–
circumstances reviews in the Federal
Register. The notice will set forth the
factual and legal conclusions upon
which our preliminary results are based.
Pursuant to 19 CFR 351.221(b)(4)(ii),
interested parties will have an
opportunity to comment on the
preliminary results of the reviews.
During the course of these antidumping
duty changed–circumstances reviews,
we will not change the cash–deposit
requirements for the subject
merchandise. The cash–deposit rates
will be altered, if warranted, pursuant
only to the final results of these reviews.
This notice of initiation is in
accordance with section 751(b)(1) of the
Act and (d), and 19 CFR 351.221(b)(1).
Dated: March 5, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–4290 Filed 3–8–07; 8:45 am]
BILLING CODE 3510–DS–S
Background
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–893]
Certain Frozen Warmwater Shrimp
From the People’s Republic of China:
Preliminary Results and Partial
Rescission of the 2004/2006
Administrative Review and Preliminary
Intent To Rescind 2004/2006 New
Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (‘‘the Department’’) is
currently conducting the 2004/2006
administrative review and a 2004/2006
new shipper review of the antidumping
duty order on certain frozen warmwater
shrimp from the People’s Republic of
China (‘‘PRC’’). The period of review
(‘‘POR’’) for both the administrative and
new shipper reviews is July 14, 2004,
through January 31, 2006. We
preliminarily determine that sales have
not been made below normal value
(‘‘NV’’) with respect to certain exporters
subject to the administrative review. We
also have preliminarily found that the
jlentini on PROD1PC65 with NOTICES
AGENCY:
VerDate Aug<31>2005
21:24 Mar 08, 2007
Jkt 211001
single sales made by Asian Seafoods
(Zhanjiang) Co., Ltd. (‘‘Asian Seafoods’’)
and Hai Li Aquatic Co., Ltd. Zhao An,
Fujian (‘‘Hai Li’’), the new shipper, were
not bona fide. Further, we are
preliminarily applying adverse facts
available to Meizhou Aquatic Products
Quick-Frozen Industry Co., Ltd.
(‘‘Meizhou’’) and Shantou Red Garden
Foodstuff/Shantou Red Garden Food
Processing Co. (collectively, ‘‘Red
Garden’’). If these preliminary results
are adopted in our final results of these
reviews, we will instruct U.S. Customs
and Border Protection (‘‘CBP’’) to assess
antidumping duties on entries of subject
merchandise during the period of
review (‘‘POR’’) for which the importerspecific assessment rates are above de
minimis.
Interested parties are invited to
comment on these preliminary results.
We will issue the final results no later
than 120 days from the date of
publication of this notice.
EFFECTIVE DATE: March 9, 2007.
FOR FURTHER INFORMATION CONTACT: Erin
Begnal or Scot Fullerton, 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) 482–1442 or (202) 482–
1386, respectively.
On February 1, 2005, the Department
published in the Federal Register the
antidumping duty order on certain
frozen warmwater shrimp from the PRC.
See Notice of Amended Final
Determination of Sales at Less Than
Fair Value and Antidumping Duty
Order: Certain Frozen Warmwater
Shrimp From the People’s Republic of
China, 70 FR 5149 (February 1, 2005).
On February 22, 2006, Hai Li, in
accordance with 19 CFR 351.214(c),
requested a new shipper review of the
antidumping duty order on certain
frozen warmwater shrimp from the PRC,
which has a February anniversary
month. On March 23, 2006, the
Department initiated a new shipper
review of Hai Li covering the period
July 16, 2004, through January 31, 2006.
See Certain Frozen Warmwater Shrimp
from the People’s Republic of China:
Initiation of New Shipper Review, 71 FR
14681 (March 23, 2006).
On February 1, 2006, the Department
published a notice of opportunity to
request an administrative review of the
antidumping duty order on certain
frozen warmwater shrimp from the PRC.
See Antidumping or Countervailing
Duty Order, Finding, or Suspended
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
10645
Investigation; Opportunity To Request
Administrative Review, 71 FR 5239
(February 1, 2006).
The Department received timely
requests from the Ad Hoc Shrimp Trade
Action Committee and certain
individual companies, in accordance
with 19 CFR 351.213(b), during the
anniversary month of February, for
administrative reviews of the
antidumping duty orders on certain
frozen warmwater shrimp from the PRC
covering 164 companies. However, on
March 1, 2006, the Ad Hoc Shrimp
Trade Action Committee withdrew its
request for administrative review on one
company. The Department, therefore,
initiated an administrative review on
the remaining 163 companies. See
Notice of Initiation of Administrative
Reviews of the Antidumping Duty
Orders on Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam
and the People’s Republic of China, 71
FR 17813 (April 7, 2006) (‘‘Initiation
Notice’’).
The Initiation Notice specified that
responses to the Department’s quantity
and value (‘‘Q&V’’) questionnaire were
due by April 28, 2006. Additionally, the
Department has a rebuttable
presumption that a single dumping
margin is appropriate for all exporters in
a non-market economy (‘‘NME’’)
country. However, the Department
stated that it would consider
information submitted in response to
the Department’s separate rate
certifications/applications in order to
determine whether or not respondents
qualify for a separate rate. The Initiation
Notice indicated that responses to the
Department’s separate rate certification
were due on April 28, 2006, and
responses to the Department’s separate
rate application were due May 19, 2006.
On March 17, 2006, the Department
received copies of CBP documents
pertaining to the entry of certain frozen
warmwater shrimp from the PRC,
exported by Hai Li during the POR, from
CBP. See Memorandum to the File
through Christopher D. Riker, Program
Manager, AD/CVD Operations, Office 9,
from Michael Quigley, Case Analyst,
AD/CVD Operations, Office 9, regarding
Certain Frozen Warmwater Shrimp from
the People’s Republic of China: Entry
Package(s) from U.S. Customs and
Border Protection (‘‘CBP’’) (December
11, 2006). On March 21, 2006, the
Department issued Hai Li its
antidumping duty questionnaire
sections A, C, and D.
On April 14, 2006, Hai Li agreed to
waive the time limits of its new shipper
review of certain frozen warmwater
shrimp from the PRC, pursuant to 19
CFR 351.214(j)(3), and agreed to have its
E:\FR\FM\09MRN1.SGM
09MRN1
Agencies
[Federal Register Volume 72, Number 46 (Friday, March 9, 2007)]
[Notices]
[Pages 10643-10645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4290]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-801, A-412-801]
Ball Bearings and Parts Thereof from Italy and the United
Kingdom: Initiation of Antidumping Duty Changed-Circumstances Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce has received information sufficient
to warrant initiation of changed-circumstances reviews of the
antidumping duty orders on ball bearings and parts thereof from Italy
and the United Kingdom pursuant to section 751(b) of the Tariff Act of
1930, as amended.
EFFECTIVE DATE: March 9, 2007.
FOR FURTHER INFORMATION CONTACT: Kristin Case at (202) 482-3174 or
Richard Rimlinger at (202) 482-4477, AD/CVD Operations, Office 5,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
The Department of Commerce (the Department) published antidumping
duty orders on ball bearings and parts thereof from Italy and the
United Kingdom on May 15, 1989. See Antidumping Duty Orders: Ball
Bearings
[[Page 10644]]
and Cylindrical Roller Bearings and Parts Thereof From Italy, 54 FR
20903 (May 15, 1989), and Antidumping Duty Orders and Amendments to the
Final Determinations of Sales at Less Than Fair Value: Ball Bearings
and Cylindrical Roller Bearings and Parts Thereof From the United
Kingdom, 54 FR 20910 (May 15, 1989).
On August 11, 2000, the Department revoked the antidumping duty
order on ball bearings and parts thereof from Italy with respect to
Somecat S.p.A. (Somecat). See Antifriction Bearings (Other Than Tapered
Roller Bearings) and Parts Thereof From France, Germany, Italy, Japan,
Romania, Singapore, Sweden, and the United Kingdom; Final Results of
Antidumping Duty Administrative Reviews and Revocation of Orders in
Part, 65 FR 49219 (August 11, 2000).\1\ On July 12, 2001, the
Department revoked the antidumping duty order on ball bearings and
parts thereof from the United Kingdom with respect to SNFA UK. See
Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts
Thereof From France, Germany, Italy, Japan, Sweden, and the United
Kingdom: Final Results of Antidumping Duty Administrative Reviews and
Revocation of Orders in Part, 66 FR 36551 (July 12, 2001).
---------------------------------------------------------------------------
\1\ The Department had determined previously that Somecat
bearings are marked ``SNFA Italy'' (Antifriction Bearings (Other
Than Tapered Roller Bearings) and Parts Thereof From France,
Germany, Italy, Japan, Romania, Sweden, and the United Kingdom;
Final Results of Antidumping Duty Administrative Reviews, 64 FR
35590 (July 1, 1999), and accompanying Issues and Decision
Memorandum at Comment 1 in Section 11.B).
---------------------------------------------------------------------------
On January 9, 2007, Somecat S.p.A., a subsidiary of Societe
Nouvelle de Fabrication Aeronautique S.A.S.U. (SNFA), and SKF
Industries S.p.A. (SKF Italy) notified the Department of a change in
ownership of SNFA.\2\ On January 26, 2007, SNFA Bearings Ltd. (SNFA
UK), a subsidiary of SNFA, and SKF UK Ltd. filed a similar
notification. Specifically, Somecat, SNFA UK, SKF Italy, and SKF UK
notified the Department that, on July 4, 2006, through its subsidiary
SKF Holding France S.A., AB SKF purchased all outstanding shares of
SNFA. Somecat and SKF Italy stated that, because Somecat and SKF Italy
will continue to operate as separate and distinct businesses, Somecat
is not the successor-in-interest to SKF Italy nor is SKF Italy a
successor-in-interest to the pre-acquisition Somecat. Accordingly, SKF
Italy and Somecat asserted, it would be inappropriate to assign the SKF
Italy cash-deposit rate to entries of subject merchandise from Somecat.
SNFA UK and SKF UK stated that, because SNFA UK and SKF UK will
continue to operate as separate and distinct businesses until a planned
relocation of SNFA UK's manufacturing facilities occurs later in 2007,
SNFA UK is not the successor-in-interest to SKF UK nor is SKF UK the
successor-in-interest to the pre-acquisition SNFA UK. Accordingly, SKF
UK and SNFA UK asserted, it would be inappropriate to assign the SKF UK
cash-deposit rate to entries of subject merchandise from SNFA UK.
---------------------------------------------------------------------------
\2\ In response to a request by Societe Nouvelle de Fabrication
Aeronautique S.A.S.U., SKF France S.A., and SKF Aerospace France
S.A.S., the Department has initiated a changed- circumstances review
of the antidumping duty order on ball bearings and parts thereof
from France. See Ball Bearings and Parts Thereof From France:
Initiation of an Antidumping Duty Changed-Circumstances Review, 72
FR 9513 (March 2, 2007).
---------------------------------------------------------------------------
We did not receive any other comments.
Scope of the Order
The products covered by these orders are ball bearings and parts
thereof. 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 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.
As a result of recent changes to the Harmonized Tariff Schedule,
effective February 2, 2007, the subject merchandise is also
classifiable under the following additional HTS item numbers:
8708.30.5090, 8708.40.7500, 8708.50.7900, 8708.50.8900, 8708.50.9150,
8708.50.9900, 8708.80.6590, 8708.94.75, 8708.95.2000, 8708.99.5500,
8708.99.68, and 8708.99.8180.
Although the HTSUS item numbers above are provided for convenience
and customs purposes, written descriptions of the scope of these orders
remain dispositive.
For a listing of scope determinations which pertain to the order on
ball bearings and parts thereof, see the Scope Determination Memorandum
(Scope Memorandum) from the Antifriction Bearings Team to Laurie
Parkhill, dated March 2, 2006. 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 2004/2005 administrative
reviews of the orders on antifriction bearings.
Initiation of Changed-Circumstances Reviews
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), the Department will conduct a changed-circumstances review
upon receipt of information concerning, or a request from an interested
party for a review of, an antidumping duty order which shows changed
circumstances sufficient to warrant a review of the order. Although SKF
Italy, SKF UK, Somecat, and SNFA UK assert that conduct of changed-
circumstances reviews for the Italy and United Kingdom proceedings
would be premature, we disagree and determine that the information
submitted demonstrates changed circumstances sufficient to warrant
reviews of the antidumping duty orders on ball bearings and parts
thereof from Italy and the United Kingdom. For example, SKF Italy and
Somecat acknowledge a degree of overlapping production and state that,
in instances where both utilize a common supplier, attempts have been
made to renegotiate prices based on their combined purchasing power.
Further, SKF UK's and SNFA UK's statement that a plan to relocate SNFA
UK's production facilities is being developed indicates that production
planning and production management decisions may have changed as a
result of AB SKF's purchase of SNFA. Finally, SKF Italy, SKF UK,
Somecat, and SNFA UK state that SNFA Group management now reports to
SKF Group management. Accordingly, we cannot conclude, as requested by
SNFA UK and SKF UK, that SNFA UK is not the successor-in-interest to
SKF UK nor is SKF UK the successor-in-interest to the pre-acquisition
SNFA UK. Similarly, we cannot conclude, as requested by Somecat and SKF
Italy, that Somecat is not the successor-in-interest to SKF Italy nor
is SKF Italy a successor-in-interest to the pre-acquisition Somecat.
Therefore, in accordance with section 751(b)(1) of the Act, the
Department is initiating changed-circumstances
[[Page 10645]]
reviews of the antidumping duty orders on ball bearings and parts
thereof from Italy and the United Kingdom.
Therefore, in accordance with 19 CFR 351.221(b)(2) and (4) and 19
CFR 351.221(c)(3)(i), we will issue questionnaires requesting factual
information for the reviews and will publish a notice of preliminary
results of the antidumping duty changed-circumstances reviews in the
Federal Register. The notice will set forth the factual and legal
conclusions upon which our preliminary results are based. Pursuant to
19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity
to comment on the preliminary results of the reviews. During the course
of these antidumping duty changed-circumstances reviews, we will not
change the cash-deposit requirements for the subject merchandise. The
cash-deposit rates will be altered, if warranted, pursuant only to the
final results of these reviews.
This notice of initiation is in accordance with section 751(b)(1)
of the Act and (d), and 19 CFR 351.221(b)(1).
Dated: March 5, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-4290 Filed 3-8-07; 8:45 am]
BILLING CODE 3510-DS-S