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]

Download as PDF Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Notices rmajette on PRODPC74 with NOTICES 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)). VerDate Aug<31>2005 14:21 Sep 10, 2008 Jkt 214001 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. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 52824 Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Notices rmajette on PRODPC74 with NOTICES 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) VerDate Aug<31>2005 14:21 Sep 10, 2008 Jkt 214001 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 http:// ia.ita.doc.gov/frn/index.html. 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 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 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- E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Notices 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 rmajette on PRODPC74 with NOTICES 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 Jkt 214001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 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, E:\FR\FM\11SEN1.SGM 11SEN1 52826 Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Notices 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 VerDate Aug<31>2005 14:21 Sep 10, 2008 Jkt 214001 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 http:// 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 http:// 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 PO 00000 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] Fmt 4703 Sfmt 4703 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 http://
ia.ita.doc.gov/frn/index.html. 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