Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews and Rescission of Reviews in Part, 52823-52826 [E8-21137]
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agreement between the Bureau of
Industry and Security, United States
Department of Commerce (‘‘BIS’’), and
Respondent Ralph Michel (‘‘Michel’’),
then-Assistant Secretary for Export
Enforcement Julie L. Myers issued an
Order (68 FR 65032, Nov. 18, 2003)
resolving an administrative proceeding
against Michel pursuant to Section 13(c)
of the Export Administration Act of
1979, as amended (‘‘Act’’),1 and the
Export Administration Regulations
(‘‘Regulations’’),2 based on allegations in
a proposed charging letter that Michel
had committed six violations of the
Regulations.
Among other things, the November
12, 2003 Order provided a non-standard
denial of export privileges that
prohibited Michel, for a period of five
years from the date of that Order, from
participating in any way in any
transaction involving the export from
the United States to Pakistan of any item
subject to the Regulations or in any
other activity subject to the Regulations
that involves Pakistan.
Whereas, the November 12, 2003
Order lists Michel as ‘‘Ralph Michel,
Vice President, Omega Engineering,
Inc., One Omega Drive, Stamford,
Connecticut 06907’’;
Whereas, the Office of Export
Enforcement, Bureau of Industry and
Security, U.S. Department of Commerce
(‘‘OEE’’), has confirmed that this
address is no longer correct, and that
Michel’s current address is ‘‘41
Rosewood Dr., Easton, CT 06612’’; and
Whereas, as a result of the
information OEE obtained regarding
Michel’s current address, OEE has
requested that an order be issued
amending the November 12, 2003 Order
to reflect that new address for Michel;
Accordingly, it is hereby ordered that
the November 12, 2003 Order denying
Michel for five years from participating
in any way in any transaction involving
the export from the United States to
Pakistan of any item subject to the
Regulations or in any other activity
subject to the Regulations that involves
1 50 U.S.C. app. 2401–2420 (2000). Since August
21, 2001, the Act has been in lapse and the
President, through Executive Order 13222 of August
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
has been extended by successive Presidential
Notices, the most recent being that of July 23, 2008
(73 FR 43603 (July 25, 2008)), has continued the
Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C.
1701–1706 (2000)) (‘‘IEEPA’’).
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts
730–774 (2008). The current version of the
Regulations govern the procedural aspects of this
case. The charged violations occurred in 1997. The
Regulations governing the charged violations are
found in the 1997 version of the Code of Federal
Regulations (15 CFR parts 730–774 (1997)).
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Pakistan is amended by deleting the
address ‘‘Vice President, Omega
Engineering, Inc., One Omega Drive,
Stamford, Connecticut 06907’’, and by
adding the address ‘‘41 Rosewood Dr.,
Easton, CT 06612’’. In all other aspects,
the November 12, 2003 Order remains
in full force and effect.
This Order shall be effective
immediately upon publication in the
Federal Register.
52823
SUPPLEMENTARY INFORMATION:
Background
On May 7, 2008, 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, and the United
Kingdom. See Ball Bearings and Parts
Thereof From France, Germany, Italy,
Japan, and the United Kingdom:
Entered this 4th day of September 2008.
Preliminary Results of Antidumping
Darryl W. Jackson,
Duty Administrative Reviews and Intent
Assistant Secretary of Commerce for Export
to Rescind Reviews in Part, 73 FR 25654
Enforcement.
(May 7, 2008) (Preliminary Results). For
[FR Doc. E8–21229 Filed 9–10–08; 8:45 am]
these administrative reviews, the period
BILLING CODE 3510–DT–P
of review covered is May 1, 2006,
through April 30, 2007.
We invited interested parties to
DEPARTMENT OF COMMERCE
comment on the preliminary results. At
the request of certain parties, we held a
International Trade Administration
hearing for Japan-specific issues on July
[A–427–801, A–428–801, A–475–801, A–588– 1, 2008, a hearing for Germany-specific
804, A–412–801]
issues on July 10, 2008, a hearing for
France-specific issues on July 11, 2008,
Ball Bearings and Parts Thereof From
and a hearing for general issues on July
France, Germany, Italy, Japan, and the 15, 2008. The Department has
United Kingdom: Final Results of
conducted these administrative reviews
Antidumping Duty Administrative
in accordance with section 751 of the
Reviews and Rescission of Reviews in Tariff Act of 1930, as amended (the Act).
Part
Scope of Orders
AGENCY: Import Administration,
The products covered by the orders
International Trade Administration,
are ball bearings (other than tapered
Department of Commerce.
roller bearings) and parts thereof. These
SUMMARY: On May 7, 2008, the
products include all antifriction
Department of Commerce (the
bearings that employ balls as the rolling
Department) published the preliminary
element. Imports of these products are
results of the administrative reviews of
classified under the following
the antidumping duty orders on ball
categories: antifriction balls, ball
bearings and parts thereof from France,
bearings with integral shafts, ball
Germany, Italy, Japan, and the United
bearings (including radial ball bearings)
Kingdom. The reviews cover 27
and parts thereof, and housed or
manufacturers/exporters. The period of
mounted ball bearing units and parts
review is May 1, 2006, through April 30,
thereof.
2007.
Imports of these products are
Based on our analysis of the
classified under the following
comments received, we have made
Harmonized Tariff Schedules (HTS)
changes, including corrections of certain
subheadings: 3926.90.45, 4016.93.10,
programming and other ministerial
4016.93.50, 6909.19.5010, 8431.20.00,
errors, in the margin calculations.
8431.39.0010, 8482.10.10, 8482.10.50,
Therefore, the final results differ from
8482.80.00, 8482.91.00, 8482.99.05,
the preliminary results. The final
8482.99.35, 8482.99.2580, 8482.99.6595,
weighted-average dumping margins for
8483.20.40, 8483.20.80, 8483.30.40,
the reviewed firms are listed below in
8483.30.80, 8483.50.90, 8483.90.20,
the section entitled ‘‘Final Results of the
8483.90.30, 8483.90.70, 8708.50.50,
Reviews.’’
8708.60.50, 8708.60.80, 8708.93.30,
DATES: Effective Date: September 11,
8708.93.6000, 8708.99.06, 8708.99.3100,
2008.
8708.99.4000, 8708.99.4960, 8708.99.58,
FOR FURTHER INFORMATION: Catherine
8708.99.8015, 8708.99.8080, 8803.10.00,
Cartsos or Richard Rimlinger, AD/CVD
8803.20.00, 8803.30.00, 8803.90.30, and
Operations, Office 5, Import
8803.90.90.
As a result of changes to the HTS,
Administration, International Trade
effective February 2, 2007, the subject
Administration, U.S. Department of
Commerce, 14th Street and Constitution merchandise is also classifiable under
the following additional HTS item
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–1757 or (202) 482– numbers: 8708.30.50.90, 8708.40.75.00,
8708.50.79.00, 8708.50.8900,
4477, respectively.
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8708.50.91.50, 8708.50.99.00,
8708.70.6060, 8708.80.65.90,
8708.93.75.00, 8708.94.75,
8708.95.20.00, 8708.99.55.00,
8708.99.68, 8708.99.81.80.
Although the HTS item numbers
above are provided for convenience and
customs purposes, the written
descriptions of the scope of these orders
remain dispositive.
The size or precision grade of a
bearing does not influence whether the
bearing is covered by one of the orders.
These orders cover all the subject
bearings and parts thereof (inner race,
outer race, cage, rollers, balls, seals,
shields, etc.) outlined above with
certain limitations. With regard to
finished parts, all such parts are
included in the scope of these orders.
For unfinished parts, such parts are
included if they have been heat-treated
or if 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 list of scope determinations
which pertain to the orders, see the
‘‘Memorandum to Laurie Parkhill’’
regarding scope determinations, dated
April 30, 2008, which is on file in the
Central Records Unit (CRU) of the main
Department of Commerce building,
room 1117, in the General Issues record
(A–100–001) for the 2006–2007 reviews.
Rescission of Reviews in Part
In the Preliminary Results, we
preliminarily found that Essex Nexans
Europe SAS, Essex Nexans SAS, Essex
Nexans L&K GmbH, Essex International
Ltd., IKN GmbH, and WWC ServiceCenter GmbH had no shipments of
subject merchandise during the period
of review and we stated our intent to
rescind the administrative reviews with
respect to these companies. We have
received no comments concerning our
intent to rescind these administrative
reviews. We continue to find that Essex
Nexans Europe SAS, Essex Nexans SAS,
Essex Nexans L&K GmbH, Essex
International Ltd., IKN GmbH, and
WWC Service-Center GmbH had no
shipments of ball bearings from France,
Germany, Italy, or the United Kingdom
for the final results of these reviews. In
accordance with 19 CFR 351.213(d)(3)
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14:21 Sep 10, 2008
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we are rescinding our reviews for Essex
Nexans Europe SAS, Essex Nexans SAS,
Essex Nexans L&K GmbH, Essex
International Ltd., IKN GmbH, and
WWC Service-Center GmbH.
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 Stephen J. Claeys, Deputy
Assistant Secretary, to David M.
Spooner, Assistant Secretary, dated
September 4, 2008, which is hereby
adopted by this notice. A list of the
issues which parties have raised and to
which we have responded is in the
Decision Memo and attached to this
notice as an Appendix. The Decision
Memo, which is a public document, is
on file in the CRU, main Department of
Commerce building, Room 1117, 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.
Selection of Respondents
Due to the large number of companies
in the reviews and the resulting
administrative burden to review each
company for which a request had been
made and not withdrawn, the
Department exercised its authority to
limit the number of respondents
selected for the reviews. Based on our
analysis of the responses and our
available resources, we chose to
examine the sales of the following
companies:
France:
* SKF France S.A. and SFK Aerospace
France S.A.S. (SKF France)
Germany:
¨
* Gebruder Reinfurt GmbH & Co., KG
(GRW)
* SKF GmbH (SKF Germany)
Italy:
* SKF RIV–SKF Officine di Villas
Perosa S.p.A.; SKF Industrie S.p.A.;
RFT S.p.A.; OMVP S.p.A.
(collectively SKF Italy)
Japan:
* JTEKT Corporation (formerly known
as Koyo Seiko Co., Ltd.) (JTEKT)
* NTN Corporation (NTN)
United Kingdom:
* The Barden Corporation (UK)
Limited; Schaeffler (UK) Ltd.
(formerly known as the Barden
Corporation (UK) Ltd. or FAG (UK)
Ltd.) (collectively Barden/Schaeffler
UK)
For a detailed discussion on the
selection of respondents for individual
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examination, see Preliminary Results, 73
FR at 25655.
For the responding companies which
remain under review and which we did
not select for individual examination,
we have either calculated a simple
average of the weighted-average margins
of the two selected respondents in a
review (Japan—10.00 percent) or
assigned the weighted-average margin
from the previous administrative review
(United Kingdom—0.72 percent). For a
discussion of the rate for the nonselected respondent in the U.K. review,
see Comment 16 of the Decision Memo.
Adverse Facts Available
Christian Feddersen GmbH & Co. KG,
Lentz & Schmahl GmbH, and Societe
Nexans did not respond to our request
concerning their sales or exports of ball
bearings from France, Italy, Germany
and the United Kingdom. These
companies had the ability to provide
data concerning the quantity and value
of subject merchandise to the United
States during the POR but did not do so,
failing to cooperate by not acting to the
best of their ability. We could neither
consider them in our selection of
respondents for individual examination
nor complete any administrative
reviews of the companies. See
Preliminary Results, 73 FR at 25655. We
received no comments on our
preliminary determination to apply
adverse facts available to these
companies. For our final results, we
have based their margins on facts
available with an adverse inference in
accordance with section 776 of the Act.
As facts available with an adverse
inference for these non-responsive
companies, we have selected the rates of
66.42 percent for France, 70.41 percent
for Germany, 69.99 percent for Italy, and
60.15 percent for the United Kingdom.
We corroborated these rates in
accordance with section 776(c) of the
Act. See Preliminary Results, 73 FR at
25657.
In addition, in our preliminary results
we used facts otherwise available with
an adverse inference for certain U.S.
sales made by SKF Germany for which
SKF Germany was not the producer and
for which the producer failed to provide
cost-of-production information by the
deadline for submission of the
information. We continue to find that it
is appropriate to use facts otherwise
available with an adverse inference for
certain U.S. sales made by SKF
Germany. For a detailed discussion see
Comment 15 in the Decision Memo.
Sales Below Cost in the Home Market
The Department disregarded homemarket sales that failed the cost-of-
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production test for the following firms
for these final results of reviews:
Country
Yamazaki Mazak Trading Company ........................................
Company
France .....................
Germany .................
Italy .........................
Japan ......................
United Kingdom ......
Margin
(percent)
Company
SKF France
GRW
SKF Germany
SKF Italy
JTEKT
NTN
Barden/Schaeffler UK
Changes Since the Preliminary Results
Based on our analysis of comments
received and based on our own analysis
of the preliminary results, we have
made revisions that have changed the
results for certain firms. We have
corrected programming and ministerial
errors in the preliminary results, where
applicable. A detailed discussion of
each correction we made is in the
analysis memoranda which are on file
in the CRU, main Department of
Commerce building, Room 1117.
10.00
UNITED KINGDOM
Barden/Schaeffler UK .................
Christian Feddersen GmbH &
Co. KG ....................................
Lentz & Schmahl GmbH .............
Rolls Royce PLC ........................
Societe Nexans ..........................
0.28
58.20
58.20
0.72
58.20
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Assessment Rates
The Department will determine and
U.S. Customs and Border Protection
(CBP) shall assess antidumping duties
on all appropriate entries. We intend to
issue appropriate assessment
instructions directly to CBP 15 days
after 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
Final Results of the Reviews
value for subject merchandise.
The Department clarified its
We determine that the following
‘‘automatic assessment’’ regulation on
percentage weighted-average dumping
May 6, 2003. See Antidumping and
margins on ball bearings and parts
thereof exist for the period May 1, 2006, Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
through April 30, 2007:
FR 23954 (May 6, 2003) (Assessment of
Antidumping Duties). This clarification
Margin
Company
will apply to entries of subject
(percent)
merchandise during the period of
FRANCE
review produced by companies
included in these final results of
Christian Feddersen GmbH &
reviews for which the reviewed
Co. KG ....................................
66.42
Lentz & Schmahl GmbH .............
66.42 companies did not know their
SKF France ................................
11.09 merchandise was destined for the
Societe Nexans ..........................
66.42 United States. In such instances, we will
instruct CBP to liquidate unreviewed
GERMANY
entries at the all-others rate if there is no
rate for the intermediate company(ies)
Christian Feddersen GmbH &
involved in the transaction. For a full
Co. KG ....................................
70.41
discussion of this clarification, see
GRW ...........................................
0.12
Lentz & Schmahl GmbH .............
70.41 Assessment of Antidumping Duties.
For the responsive companies which
SKF Germany .............................
4.15
Societe Nexans ..........................
70.41 were not selected for individual review,
we will instruct CBP to apply the rates
ITALY
listed above to all entries of subject
merchandise from such firms.
Christian Feddersen GmbH &
For companies for which we are
Co. KG ....................................
69.99
relying on total adverse facts available
Lentz & Schmahl GmbH .............
69.99
SKF Italy (and Somecat) ............
7.06 to establish a dumping margin, we will
Societe Nexans ..........................
69.99 instruct CBP to apply the assigned
dumping margins to all entries of
JAPAN
subject merchandise during the POR
that were produced and/or exported by
Aisin Seiki Company, Ltd. ..........
10.00 the companies.
Canon, Inc. .................................
JTEKT .........................................
Nachi-Fujikoshi Corp. .................
Nippon Pillow Block Company
Ltd. ..........................................
NTN ............................................
Sapporo Precision, Inc ...............
Toyota Motor Corp./Toyota Industries Corp. ..........................
VerDate Aug<31>2005
14:21 Sep 10, 2008
10.00
8.03
10.00
Export Price
With respect to export-price (EP)
10.00 sales, we divided the total dumping
11.96 margins (calculated as the difference
10.00 between normal value and the EP) for
each exporter’s importer or customer by
10.00 the total number of units the exporter
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52825
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.
Constructed Export Price
For constructed export-price (CEP)
sales, 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 (see
Preliminary Results, 73 FR at 25662), we
first calculated the total dumping
margins for all CEP sales during the
review period by multiplying the
sample CEP margins by the ratio of total
days in the review period to days in the
sample weeks. We then calculated a
total net value for all CEP sales during
the review period by multiplying the
sample CEP total net value by the same
ratio. Finally, we divided the combined
total dumping margins for both EP and
CEP sales by the combined total value
for both EP and CEP sales to obtain the
deposit rate.
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,
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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 is
a sanctionable violation.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i) of the Act.
Notification to Importers
This notice serves as a final 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.
rmajette on PRODPC74 with NOTICES
for consumption on or after the date of
publication, consistent with section
751(a)(1) of the Act: (1) The cashdeposit rates for the reviewed
companies will be the rates shown
above except that, for firms whose
weighted-average margins are less than
0.5 percent and therefore de minimis,
the Department shall not require a
deposit of estimated antidumping
duties; (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 cashdeposit 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 and Partial Termination of
Administrative Reviews, 61 FR 66471,
66521 (December 17, 1996). These rates
are the all-others rates from the relevant
LTFV investigation.
These deposit requirements shall
remain in effect until further notice.
SUMMARY: The Manufacturing Council
will hold a meeting to deliberate for
approval a draft letter of
recommendation on Sustainable
Manufacturing metrics.
Notification Regarding APOs
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
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Dated: September 4, 2008.
David M. Spooner
Assistant Secretary for Import
Administration.
[FR Doc. E8–21137 Filed 9–10–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
The Manufacturing Council: Meeting
International Trade
Administration, U.S. Department of
Commerce.
AGENCY:
Notice of a meeting.
September 23, 2008.
Location: Rochester, NY.
Additional Information: A
supplemental notice will be issued in
the near future with the exact address
and time of the meeting. The date and
address will also be posted on the
Council’s Web site at https://
www.manufacturing.gov/council as
soon as they are available.
DATES:
The
Manufacturing Council Executive
Secretariat, Room 4043, Washington, DC
20230 (Phone: 202–482–1369), or visit
the Council’s Web site at https://
www.manufacturing.gov/council.
FOR FURTHER INFORMATION CONTACT:
Frm 00018
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
National Institute of Standards
and Technology, Commerce.
ACTION: Notice of Inventions Available
for Licensing.
AGENCY:
1. Zeroing of Negative Margins
2. Model-Matching Methodology
3. Collapsing and Successor in Interest
4. Inventory Carrying Costs
5. Calculation of Cost of Production/
Constructed Value and Use of AFA
6. Rate for Respondent Not Selected
7. Miscellaneous Issues
A. 15–Day Issuance of Liquidation
Instructions
B. CEP Profit
C. Decision Not to Verify JTEKT’s and
NTN’s Cost Data
D. BPI Treatment for Dumping Duties and
Net Value of Sales
8. Clerical Errors
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BILLING CODE 3510–DR–P
Notice of Inventions Available for
Licensing
Appendix
ACTION:
Dated: September 5, 2008.
Kate Sigler,
Executive Secretary, The Manufacturing
Council.
[FR Doc. E8–21073 Filed 9–10–08; 8:45 am]
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SUMMARY: The inventions listed below
are owned in whole or part by the U.S.
Government, as represented by the
Secretary of Commerce. The U.S.
Government’s interest in these
inventions is available for licensing in
accordance with 35 U.S.C. 207 and 37
CFR Part 404 to achieve expeditious
commercialization of results of federally
funded research and development.
FOR FURTHER INFORMATION CONTACT:
Technical and licensing information on
these inventions may be obtained by
writing to: National Institute of
Standards and Technology, Office of
Technology Partnerships, Attn: Mary
Clague, Building 222, Room A240,
Gaithersburg, MD 20899. Information is
also available via telephone: 301–975–
4188, fax 301–975–3482, or e-mail:
mary.clague@nist.gov. Any request for
information should include the NIST
Docket number and title for the
invention as indicated below.
SUPPLEMENTARY INFORMATION: NIST may
enter into a Cooperative Research and
Development Agreement (‘‘CRADA’’)
with the licensee to perform further
research on the inventions for purposes
of commercialization. The inventions
available for licensing are:
[NIST Docket Number: 00–013US]
Title: Mode-Locked Pulsed Laser
System and Method.
Abstract: The invention is a system
and method for stabilizing the carrierenvelope phase of the pulses emitted by
a femtosecond mode-locked laser by
using the powerful tools of frequencydomain laser stabilization. Control of
the pulse-to-pulse carrier-envelope
phases was confirmed using temporal
cross correlation. This phase
stabilization locks the absolute
frequencies emitted by the laser, which
is used to perform absolute optical
frequency measurements that were
E:\FR\FM\11SEN1.SGM
11SEN1
]]>Agencies
[Federal Register Volume 73, Number 177 (Thursday, September 11, 2008)]
[Notices]
[Pages 52823-52826]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21137]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-801, A-428-801, A-475-801, A-588-804, A-412-801]
Ball Bearings and Parts Thereof From France, Germany, Italy,
Japan, and the United Kingdom: Final Results of Antidumping Duty
Administrative Reviews and Rescission of Reviews in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 7, 2008, the Department of Commerce (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, and the United Kingdom. The reviews cover 27
manufacturers/exporters. The period of review is May 1, 2006, through
April 30, 2007.
Based on our analysis of the comments received, we have made
changes, including corrections of certain programming and other
ministerial 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.''
DATES: Effective Date: September 11, 2008.
FOR FURTHER INFORMATION: Catherine Cartsos or Richard Rimlinger, 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-
1757 or (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 7, 2008, 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, and the United Kingdom. See Ball Bearings and Parts
Thereof From France, Germany, Italy, Japan, and the United Kingdom:
Preliminary Results of Antidumping Duty Administrative Reviews and
Intent to Rescind Reviews in Part, 73 FR 25654 (May 7, 2008)
(Preliminary Results). For these administrative reviews, the period of
review covered is May 1, 2006, through April 30, 2007.
We invited interested parties to comment on the preliminary
results. At the request of certain parties, we held a hearing for
Japan-specific issues on July 1, 2008, a hearing for Germany-specific
issues on July 10, 2008, a hearing for France-specific issues on July
11, 2008, and a hearing for general issues on July 15, 2008. 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 the orders are ball bearings (other than
tapered roller bearings) and parts thereof. These products include all
antifriction bearings that employ balls as the rolling element. Imports
of these products are classified under the following categories:
antifriction balls, ball bearings with integral shafts, ball bearings
(including radial ball bearings) and parts thereof, and housed or
mounted ball bearing units and parts thereof.
Imports of these products are classified under the following
Harmonized Tariff Schedules (HTS) subheadings: 3926.90.45, 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, 8482.99.35,
8482.99.2580, 8482.99.6595, 8483.20.40, 8483.20.80, 8483.30.40,
8483.30.80, 8483.50.90, 8483.90.20, 8483.90.30, 8483.90.70, 8708.50.50,
8708.60.50, 8708.60.80, 8708.93.30, 8708.93.6000, 8708.99.06,
8708.99.3100, 8708.99.4000, 8708.99.4960, 8708.99.58, 8708.99.8015,
8708.99.8080, 8803.10.00, 8803.20.00, 8803.30.00, 8803.90.30, and
8803.90.90.
As a result of changes to the HTS, effective February 2, 2007, the
subject merchandise is also classifiable under the following additional
HTS item numbers: 8708.30.50.90, 8708.40.75.00, 8708.50.79.00,
8708.50.8900,
[[Page 52824]]
8708.50.91.50, 8708.50.99.00, 8708.70.6060, 8708.80.65.90,
8708.93.75.00, 8708.94.75, 8708.95.20.00, 8708.99.55.00, 8708.99.68,
8708.99.81.80.
Although the HTS item numbers above are provided for convenience
and customs purposes, the written descriptions of the scope of these
orders remain dispositive.
The size or precision grade of a bearing does not influence whether
the bearing is covered by one of the orders. These orders cover all the
subject bearings and parts thereof (inner race, outer race, cage,
rollers, balls, seals, shields, etc.) outlined above with certain
limitations. With regard to finished parts, all such parts are included
in the scope of these orders. For unfinished parts, such parts are
included if they have been heat-treated or if 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 list of scope determinations which pertain to the orders, see
the ``Memorandum to Laurie Parkhill'' regarding scope determinations,
dated April 30, 2008, which is on file in the Central Records Unit
(CRU) of the main Department of Commerce building, room 1117, in the
General Issues record (A-100-001) for the 2006-2007 reviews.
Rescission of Reviews in Part
In the Preliminary Results, we preliminarily found that Essex
Nexans Europe SAS, Essex Nexans SAS, Essex Nexans L&K GmbH, Essex
International Ltd., IKN GmbH, and WWC Service-Center GmbH had no
shipments of subject merchandise during the period of review and we
stated our intent to rescind the administrative reviews with respect to
these companies. We have received no comments concerning our intent to
rescind these administrative reviews. We continue to find that Essex
Nexans Europe SAS, Essex Nexans SAS, Essex Nexans L&K GmbH, Essex
International Ltd., IKN GmbH, and WWC Service-Center GmbH had no
shipments of ball bearings from France, Germany, Italy, or the United
Kingdom for the final results of these reviews. In accordance with 19
CFR 351.213(d)(3) we are rescinding our reviews for Essex Nexans Europe
SAS, Essex Nexans SAS, Essex Nexans L&K GmbH, Essex International Ltd.,
IKN GmbH, and WWC Service-Center GmbH.
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 Stephen J. Claeys, Deputy Assistant Secretary, to
David M. Spooner, Assistant Secretary, dated September 4, 2008, which
is hereby adopted by this notice. A list of the issues which parties
have raised and to which we have responded is in the Decision Memo and
attached to this notice as an Appendix. The Decision Memo, which is a
public document, is on file in the CRU, main Department of Commerce
building, Room 1117, 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.
Selection of Respondents
Due to the large number of companies in the reviews and the
resulting administrative burden to review each company for which a
request had been made and not withdrawn, the Department exercised its
authority to limit the number of respondents selected for the reviews.
Based on our analysis of the responses and our available resources, we
chose to examine the sales of the following companies:
France:
* SKF France S.A. and SFK Aerospace France S.A.S. (SKF France)
Germany:
* Gebr[uuml]der Reinfurt GmbH & Co., KG (GRW)
* SKF GmbH (SKF Germany)
Italy:
* SKF RIV-SKF Officine di Villas Perosa S.p.A.; SKF Industrie
S.p.A.; RFT S.p.A.; OMVP S.p.A. (collectively SKF Italy)
Japan:
* JTEKT Corporation (formerly known as Koyo Seiko Co., Ltd.)
(JTEKT)
* NTN Corporation (NTN)
United Kingdom:
* The Barden Corporation (UK) Limited; Schaeffler (UK) Ltd.
(formerly known as the Barden Corporation (UK) Ltd. or FAG (UK) Ltd.)
(collectively Barden/Schaeffler UK)
For a detailed discussion on the selection of respondents for
individual examination, see Preliminary Results, 73 FR at 25655.
For the responding companies which remain under review and which we
did not select for individual examination, we have either calculated a
simple average of the weighted-average margins of the two selected
respondents in a review (Japan--10.00 percent) or assigned the
weighted-average margin from the previous administrative review (United
Kingdom--0.72 percent). For a discussion of the rate for the non-
selected respondent in the U.K. review, see Comment 16 of the Decision
Memo.
Adverse Facts Available
Christian Feddersen GmbH & Co. KG, Lentz & Schmahl GmbH, and
Societe Nexans did not respond to our request concerning their sales or
exports of ball bearings from France, Italy, Germany and the United
Kingdom. These companies had the ability to provide data concerning the
quantity and value of subject merchandise to the United States during
the POR but did not do so, failing to cooperate by not acting to the
best of their ability. We could neither consider them in our selection
of respondents for individual examination nor complete any
administrative reviews of the companies. See Preliminary Results, 73 FR
at 25655. We received no comments on our preliminary determination to
apply adverse facts available to these companies. For our final
results, we have based their margins on facts available with an adverse
inference in accordance with section 776 of the Act.
As facts available with an adverse inference for these non-
responsive companies, we have selected the rates of 66.42 percent for
France, 70.41 percent for Germany, 69.99 percent for Italy, and 60.15
percent for the United Kingdom. We corroborated these rates in
accordance with section 776(c) of the Act. See Preliminary Results, 73
FR at 25657.
In addition, in our preliminary results we used facts otherwise
available with an adverse inference for certain U.S. sales made by SKF
Germany for which SKF Germany was not the producer and for which the
producer failed to provide cost-of-production information by the
deadline for submission of the information. We continue to find that it
is appropriate to use facts otherwise available with an adverse
inference for certain U.S. sales made by SKF Germany. For a detailed
discussion see Comment 15 in the Decision Memo.
Sales Below Cost in the Home Market
The Department disregarded home-market sales that failed the cost-
of-
[[Page 52825]]
production test for the following firms for these final results of
reviews:
------------------------------------------------------------------------
Country Company
------------------------------------------------------------------------
France............................. SKF France
Germany............................ GRW
SKF Germany
Italy.............................. SKF Italy
Japan.............................. JTEKT
NTN
United Kingdom..................... Barden/Schaeffler UK
------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on our analysis of comments received and based on our own
analysis of the preliminary results, we have made revisions that have
changed the results for certain firms. We have corrected programming
and ministerial errors in the preliminary results, where applicable. A
detailed discussion of each correction we made is in the analysis
memoranda which are on file in the CRU, main Department of Commerce
building, Room 1117.
Final Results of the Reviews
We determine that the following percentage weighted-average dumping
margins on ball bearings and parts thereof exist for the period May 1,
2006, through April 30, 2007:
------------------------------------------------------------------------
Margin
Company (percent)
------------------------------------------------------------------------
FRANCE
------------------------------------------------------------------------
Christian Feddersen GmbH & Co. KG........................... 66.42
Lentz & Schmahl GmbH........................................ 66.42
SKF France.................................................. 11.09
Societe Nexans.............................................. 66.42
------------------------------------------------------------------------
GERMANY
------------------------------------------------------------------------
Christian Feddersen GmbH & Co. KG........................... 70.41
GRW......................................................... 0.12
Lentz & Schmahl GmbH........................................ 70.41
SKF Germany................................................. 4.15
Societe Nexans.............................................. 70.41
------------------------------------------------------------------------
ITALY
------------------------------------------------------------------------
Christian Feddersen GmbH & Co. KG........................... 69.99
Lentz & Schmahl GmbH........................................ 69.99
SKF Italy (and Somecat)..................................... 7.06
Societe Nexans.............................................. 69.99
------------------------------------------------------------------------
JAPAN
------------------------------------------------------------------------
Aisin Seiki Company, Ltd.................................... 10.00
Canon, Inc.................................................. 10.00
JTEKT....................................................... 8.03
Nachi-Fujikoshi Corp........................................ 10.00
Nippon Pillow Block Company Ltd............................. 10.00
NTN......................................................... 11.96
Sapporo Precision, Inc...................................... 10.00
Toyota Motor Corp./Toyota Industries Corp................... 10.00
Yamazaki Mazak Trading Company.............................. 10.00
------------------------------------------------------------------------
UNITED KINGDOM
------------------------------------------------------------------------
Barden/Schaeffler UK........................................ 0.28
Christian Feddersen GmbH & Co. KG........................... 58.20
Lentz & Schmahl GmbH........................................ 58.20
Rolls Royce PLC............................................. 0.72
Societe Nexans.............................................. 58.20
------------------------------------------------------------------------
Assessment Rates
The Department will determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries. We intend to issue appropriate assessment instructions
directly to CBP 15 days after 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. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
of Antidumping Duties). 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 Assessment of Antidumping Duties.
For the responsive companies which were not selected for individual
review, we will instruct CBP to apply the rates listed above to all
entries of subject merchandise from such firms.
For companies for which we are relying on total adverse facts
available to establish a dumping margin, we will instruct CBP to apply
the assigned dumping margins to all entries of subject merchandise
during the POR that were produced and/or exported by the companies.
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.
Constructed Export Price
For constructed export-price (CEP) sales, 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 (see Preliminary Results, 73 FR at 25662), we first
calculated the total dumping margins for all CEP sales during the
review period by multiplying the sample CEP margins by the ratio of
total days in the review period to days in the sample weeks. We then
calculated a total net value for all CEP sales during the review period
by multiplying the sample CEP total net value by the same ratio.
Finally, we divided the combined total dumping margins for both EP and
CEP sales by the combined total value for both EP and CEP sales to
obtain the deposit rate.
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,
[[Page 52826]]
for consumption on or after the date of publication, consistent with
section 751(a)(1) of the Act: (1) The cash-deposit rates for the
reviewed companies will be the rates shown above except that, for firms
whose weighted-average margins are less than 0.5 percent and therefore
de minimis, the Department shall not require a deposit of estimated
antidumping duties; (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 and Partial Termination of Administrative
Reviews, 61 FR 66471, 66521 (December 17, 1996). These rates are the
all-others rates from the relevant LTFV investigation.
These deposit requirements shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final 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.
Notification Regarding APOs
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 is a sanctionable violation.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: September 4, 2008.
David M. Spooner
Assistant Secretary for Import Administration.
Appendix
1. Zeroing of Negative Margins
2. Model-Matching Methodology
3. Collapsing and Successor in Interest
4. Inventory Carrying Costs
5. Calculation of Cost of Production/Constructed Value and Use of
AFA
6. Rate for Respondent Not Selected
7. Miscellaneous Issues
A. 15-Day Issuance of Liquidation Instructions
B. CEP Profit
C. Decision Not to Verify JTEKT's and NTN's Cost Data
D. BPI Treatment for Dumping Duties and Net Value of Sales
8. Clerical Errors
[FR Doc. E8-21137 Filed 9-10-08; 8:45 am]
BILLING CODE 3510-DS-P
