Ball Bearings and Parts Thereof from Germany: Preliminary Results of Antidumping Duty Changed-Circumstances Review, 25663-25664 [E8-10161]

Download as PDF Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Notices Administrative Reviews and Revocation in Part of an Antidumping Duty Order, 58 FR 39729, 39730 (July 26, 1993). For ball bearings from Italy, see Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France, et al; Final Results of Antidumping Duty Administrative Reviews and Partial Termination of Administrative Reviews, 61 FR 66472, 66521 (December 17, 1996). These rates are the all–others rates from the relevant less–than-fair–value investigations. These deposit requirements, when imposed, shall remain in effect until further notice. Effective the publication date of these preliminary results, we will instruct CBP to suspend liquidation and collect a cash deposit of estimated antidumping duties on entries of merchandise produced or exported by Somecat at the weighted–average margin we have calculated for the preliminary results of review for SKF Italy. Notification to Importer This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. These preliminary results of administrative reviews are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: April 30, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–10078 Filed 5–7–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–428–801 Ball Bearings and Parts Thereof from Germany: Preliminary Results of Antidumping Duty Changed– Circumstances Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 11, 2008, pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216 and 351.221(c)(3), the sroberts on PROD1PC70 with NOTICES AGENCY: VerDate Aug<31>2005 21:00 May 06, 2008 Jkt 214001 25663 Department of Commerce initiated a changed–circumstances review of the antidumping duty order on ball bearings and parts thereof from Germany with respect to myonic GmbH. See Initiation of Antidumping Duty Changed– Circumstances Review: Ball Bearings and Parts Thereof from Germany, 73 FR 12953 (March 11, 2008) (myonic Initiation). After reviewing information on the record, we have preliminarily concluded that myonic GmbH is the successor–in-interest to Miniaturkugellager Gesellschaft mit ¨ beschrankter Haftung and, as a result, should be accorded the same treatment previously accorded Miniaturkugellager ¨ Gesellschaft mit beschrankter Haftung with regard to the antidumping duty order on ball bearings and parts thereof from Germany. Interested parties are invited to comment on these preliminary results. EFFECTIVE DATE: May 7, 2008. FOR FURTHER INFORMATION CONTACT: 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: 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 HTS, 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. Background Successor–in-Interest Determination In a changed–circumstances review involving a successor–in-interest determination, the Department typically examines several factors including, but not limited to, changes in the following: (1) management; (2) production facilities; (3) supplier relationships; (4) customer base. See Certain Cut–toLength Carbon Steel Plate from Romania: Initiation and Preliminary Results of Changed Circumstances Antidumping Duty Administrative Review, 70 FR 22847 (May 3, 2005). While no single factor or combination of factors will necessarily be dispositive, generally the Department will consider the new company to be the successor to the predecessor if the resulting operations are essentially the same as those of the predecessor company. See, e.g., Notice of Initiation of Antidumping Duty Changed Circumstances Review: Certain Forged Stainless Steel Flanges from India, 71 FR 327 (January 4, 2006). Thus, if the record demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as the same business entity as the predecessor company, the Department may assign the new company the cash–deposit rate of its predecessor. See, e.g., Fresh and Chilled Atlantic Salmon from Norway: Final Results of Changed Circumstances On January 31, 2008, myonic GmbH (myonic) asked the Department to initiate and conduct a changed– circumstances review to confirm that myonic is the successor–in-interest to Miniaturkugellager Gesellschaft mit ¨ beschrankter Haftung (MKL) for purposes of determining antidumping– duty liabilities subject to this order. On March 11, 2008, we initiated a changed– circumstances review of the antidumping duty order on ball bearings and parts thereof from Germany with respect to myonic. See myonic Initiation. On March 13, 2008, we sent myonic a supplemental questionnaire requesting further information. On March 24, 2008, we received a timely response to our supplemental questionnaire. On March 27, 2008, we sent myonic a second supplemental questionnaire. On April 8, 2008, we received a timely response to our second supplemental questionnaire. We have not received comments from any other interested parties. Scope of the Order The products covered by this order 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: PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\07MYN1.SGM 07MYN1 25664 Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Notices sroberts on PROD1PC70 with NOTICES Antidumping Duty Administrative Review, 64 FR 9979, 9980 (March 1, 1999). In its January 31, 2008, submission, myonic provided information to demonstrate that myonic is the successor–in-interest to MKL. Myonic submitted a notarized copy of the minutes from the December 11, 2001, meeting of myonic’s shareholders memorializing the name change from MKL to myonic. See exhibit D of myonic’s January 31, 2008, submission. Myonic also submitted its Articles of Association demonstrating that myonic continued to produce and market subject merchandise after the name change. See exhibit E of myonic’s January 31, 2008, submission. Further, myonic provided a letter it sent to its customers informing them of the name change and that the company’s production of subject merchandise would continue. See exhibit F of myonic’s January 31, 2008, submission. Myonic also submitted its June 19, 2006, Articles of Association demonstrating that on June 1, 2006, all stock of myonic was purchased by myonic Holding GmbH. See exhibit G of myonic’s January 31, 2008, submission. Additional information in myonic’s March 24, 2008, and April 8, 2008, submissions shows that myonic’s management, production facilities, suppliers, and customer base are consistent with those of MKL. As such, we conclude that myonic’s request for a changed–circumstances review demonstrates that no major changes have occurred with respect to MKL’s management, production facilities, suppliers, or customer base as a result of MKL’s name change to myonic or the purchase of all of myonic’s stock by myonic Holding GmbH. Therefore, we preliminarily find that myonic is the successor–in-interest to MKL and, as such, is entitled to MKL’s cash–deposit rate with respect to entries of subject merchandise. Public Comment Any interested party may request a hearing within 14 days of publication of this notice. See 19 CFR 351.310(c). Any hearing, if requested, will be held 28 days after the date of publication of this notice or the first working day thereafter. Interested parties may submit case briefs and/or written comments not later than 14 days after the date of publication of this notice. See 19 CFR 351.309(c)(1)(ii). Rebuttal briefs and rebuttals to written comments, which must be limited to issues raised in such briefs or comments, may be filed not later than 5 days after the deadline for submitting the case briefs. See 19 CFR VerDate Aug<31>2005 21:00 May 06, 2008 Jkt 214001 351.309(d). Parties who submit case briefs or rebuttal briefs in this changed– circumstances review are requested to submit with each argument (1) a statement of the issue and (2) a brief summary of the argument. Parties should also submit an electronic version of their case and rebuttal briefs. Consistent with 19 CFR 351.216(e), we will issue the final results of this changed–circumstances review no later than 270 days after the date on which this review was initiated or within 45 days of publication of these preliminary results if all parties to the proceeding agree to our preliminary finding. We are issuing and publishing these preliminary results notice in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216 and 351.221(c)(3). Dated: May 1, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–10161 Filed 5–6–08; 8:45 am] BILLING CODE: 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (C–580–837) Certain Cut–to–Length Carbon–Quality Steel Plate from the Republic of Korea: Notice of Rescission of Countervailing Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: May 7, 2008. FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–8362. SUPPLEMENTARY INFORMATION: Background: On February 29, 2008, Dongkuk Steel Mill Co., Ltd. (DSM) (respondent) requested that the Department of Commerce (the Department) conduct an administrative review of the countervailing duty order on certain cut–to-length carbon–quality steel plate from Korea with respect to DSM for the period of January 1, 2007, through December 31, 2007. On March 31, 2008, the Department initiated the review. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, Request for Revocation in Part, and Deferral of Administrative Review, 73 FR 16837 AGENCY: PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 (March 31, 2008). On April 4, 2008, DSM withdrew its request for a review pursuant to section 19 CFR 351.213(d)(1). Scope of Order The products covered by this order are certain hot–rolled carbon–quality steel: (1) universal mill plates (i.e., flat– rolled products rolled on four faces or in a closed box pass, of a width exceeding 150 mm but not exceeding 1250 mm, and of a nominal or actual thickness of not less than 4 mm, which are cut–to–length (not in coils) and without patterns in relief), of iron or non–alloy–quality steel; and (2) flat– rolled products, hot–rolled, of a nominal or actual thickness of 4.75 mm or more and of a width which exceeds 150 mm and measures at least twice the thickness, and which are cut–to–length (not in coils). Steel products to be included in the scope of the order are of rectangular, square, circular or other shape and of rectangular or non– rectangular cross–section where such non–rectangular cross–section is achieved subsequent to the rolling process (i.e., products which have been ‘‘worked after rolling’’)––for example, products which have been beveled or rounded at the edges. Steel products that meet the noted physical characteristics that are painted, varnished or coated with plastic or other non–metallic substances are included within this scope. Also, specifically included in the scope of the order are high strength, low alloy (HSLA) steels. HSLA steels are recognized as steels with micro–alloying levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum. Steel products to be included in this scope, regardless of Harmonized Tariff Schedule of the United States (HTSUS) definitions, are products in which: (1) iron predominates, by weight, over each of the other contained elements; (2) the carbon content is two percent or less, by weight; and (3) none of the elements listed below is equal to or exceeds the quantity, by weight, respectively indicated: 1.80 percent of manganese, or 1.50 percent of silicon, or 1.00 percent of copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or 0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent zirconium. All products that meet the written physical description, and in which the chemistry quantities do not equal or exceed any one of the levels listed above, are within the scope E:\FR\FM\07MYN1.SGM 07MYN1

Agencies

[Federal Register Volume 73, Number 89 (Wednesday, May 7, 2008)]
[Notices]
[Pages 25663-25664]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10161]


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

DEPARTMENT OF COMMERCE

International Trade Administration

A-428-801


Ball Bearings and Parts Thereof from Germany: Preliminary Results 
of Antidumping Duty Changed-Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY:  On March 11, 2008, pursuant to section 751(b) of the Tariff 
Act of 1930, as amended (the Act), and 19 CFR 351.216 and 
351.221(c)(3), the Department of Commerce initiated a changed-
circumstances review of the antidumping duty order on ball bearings and 
parts thereof from Germany with respect to myonic GmbH. See Initiation 
of Antidumping Duty Changed-Circumstances Review: Ball Bearings and 
Parts Thereof from Germany, 73 FR 12953 (March 11, 2008) (myonic 
Initiation). After reviewing information on the record, we have 
preliminarily concluded that myonic GmbH is the successor-in-interest 
to Miniaturkugellager Gesellschaft mit beschr[auml]nkter Haftung and, 
as a result, should be accorded the same treatment previously accorded 
Miniaturkugellager Gesellschaft mit beschr[auml]nkter Haftung with 
regard to the antidumping duty order on ball bearings and parts thereof 
from Germany. Interested parties are invited to comment on these 
preliminary results.

EFFECTIVE DATE: May 7, 2008.

FOR FURTHER INFORMATION CONTACT:  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

    On January 31, 2008, myonic GmbH (myonic) asked the Department to 
initiate and conduct a changed-circumstances review to confirm that 
myonic is the successor-in-interest to Miniaturkugellager Gesellschaft 
mit beschr[auml]nkter Haftung (MKL) for purposes of determining 
antidumping-duty liabilities subject to this order. On March 11, 2008, 
we initiated a changed-circumstances review of the antidumping duty 
order on ball bearings and parts thereof from Germany with respect to 
myonic. See myonic Initiation. On March 13, 2008, we sent myonic a 
supplemental questionnaire requesting further information. On March 24, 
2008, we received a timely response to our supplemental questionnaire. 
On March 27, 2008, we sent myonic a second supplemental questionnaire. 
On April 8, 2008, we received a timely response to our second 
supplemental questionnaire. We have not received comments from any 
other interested parties.

Scope of the Order

    The products covered by this order 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 HTS, 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.

Successor-in-Interest Determination

    In a changed-circumstances review involving a successor-in-interest 
determination, the Department typically examines several factors 
including, but not limited to, changes in the following: (1) 
management; (2) production facilities; (3) supplier relationships; (4) 
customer base. See Certain Cut-to-Length Carbon Steel Plate from 
Romania: Initiation and Preliminary Results of Changed Circumstances 
Antidumping Duty Administrative Review, 70 FR 22847 (May 3, 2005). 
While no single factor or combination of factors will necessarily be 
dispositive, generally the Department will consider the new company to 
be the successor to the predecessor if the resulting operations are 
essentially the same as those of the predecessor company. See, e.g., 
Notice of Initiation of Antidumping Duty Changed Circumstances Review: 
Certain Forged Stainless Steel Flanges from India, 71 FR 327 (January 
4, 2006). Thus, if the record demonstrates that, with respect to the 
production and sale of the subject merchandise, the new company 
operates as the same business entity as the predecessor company, the 
Department may assign the new company the cash-deposit rate of its 
predecessor. See, e.g., Fresh and Chilled Atlantic Salmon from Norway: 
Final Results of Changed Circumstances

[[Page 25664]]

Antidumping Duty Administrative Review, 64 FR 9979, 9980 (March 1, 
1999).
    In its January 31, 2008, submission, myonic provided information to 
demonstrate that myonic is the successor-in-interest to MKL. Myonic 
submitted a notarized copy of the minutes from the December 11, 2001, 
meeting of myonic's shareholders memorializing the name change from MKL 
to myonic. See exhibit D of myonic's January 31, 2008, submission. 
Myonic also submitted its Articles of Association demonstrating that 
myonic continued to produce and market subject merchandise after the 
name change. See exhibit E of myonic's January 31, 2008, submission. 
Further, myonic provided a letter it sent to its customers informing 
them of the name change and that the company's production of subject 
merchandise would continue. See exhibit F of myonic's January 31, 2008, 
submission. Myonic also submitted its June 19, 2006, Articles of 
Association demonstrating that on June 1, 2006, all stock of myonic was 
purchased by myonic Holding GmbH. See exhibit G of myonic's January 31, 
2008, submission.
    Additional information in myonic's March 24, 2008, and April 8, 
2008, submissions shows that myonic's management, production 
facilities, suppliers, and customer base are consistent with those of 
MKL. As such, we conclude that myonic's request for a changed-
circumstances review demonstrates that no major changes have occurred 
with respect to MKL's management, production facilities, suppliers, or 
customer base as a result of MKL's name change to myonic or the 
purchase of all of myonic's stock by myonic Holding GmbH. Therefore, we 
preliminarily find that myonic is the successor-in-interest to MKL and, 
as such, is entitled to MKL's cash-deposit rate with respect to entries 
of subject merchandise.

Public Comment

    Any interested party may request a hearing within 14 days of 
publication of this notice. See 19 CFR 351.310(c). Any hearing, if 
requested, will be held 28 days after the date of publication of this 
notice or the first working day thereafter. Interested parties may 
submit case briefs and/or written comments not later than 14 days after 
the date of publication of this notice. See 19 CFR 351.309(c)(1)(ii). 
Rebuttal briefs and rebuttals to written comments, which must be 
limited to issues raised in such briefs or comments, may be filed not 
later than 5 days after the deadline for submitting the case briefs. 
See 19 CFR 351.309(d). Parties who submit case briefs or rebuttal 
briefs in this changed-circumstances review are requested to submit 
with each argument (1) a statement of the issue and (2) a brief summary 
of the argument. Parties should also submit an electronic version of 
their case and rebuttal briefs. Consistent with 19 CFR 351.216(e), we 
will issue the final results of this changed-circumstances review no 
later than 270 days after the date on which this review was initiated 
or within 45 days of publication of these preliminary results if all 
parties to the proceeding agree to our preliminary finding.
    We are issuing and publishing these preliminary results notice in 
accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 
351.216 and 351.221(c)(3).

    Dated: May 1, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-10161 Filed 5-6-08; 8:45 am]
BILLING CODE: 3510-DS-S

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