Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Preliminary Results of Antidumping Duty Administrative Reviews and Intent To Revoke Order In Part, 19056-19064 [E9-9588]
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19056
Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Notices
group and, in separate charts,
individually for each named entity.
Please label each chart accordingly.
Please state whether you exported
PRCBs to the United States during the
POI.
If you did export PRCBs to the United
States during the POI, please state
whether you produced 100 percent of
the PRCBs that you exported to the
United States during the POI.
Total Quantity (kg)
(Net Weight)
Market: United States
If you did produce 100 percent of the
PRCBs that you exported to the United
States during the POI, please provide
the following:
Total Quantity
Pieces (1,000 units)
Terms of Sale2
Total Value3
($U.S.)
1. Export Price4.
2. Constructed Export Price5.
3. Further Manufactured6.
Total.
2 To
the extent possible, sales values should be reported based on the same terms (e.g., FOB).
should be expressed in U.S. dollars. Indicate any exchange rates used and their respective dates and sources.
4 Generally, a U.S. sale is classified as an export price sale when the first sale to an unaffiliated person occurs before the goods are imported
into the United States.
5 Generally, a U.S. sale is classified as a constructed export price sale when the first sale to an unaffiliated person occurs after importation.
However, if the first sale to the unaffiliated person is made by a person in the United States affiliated with the foreign exporter, constructed export price applies even if the sale occurs prior to importation. Do not report the sale to the affiliated party in the United States, rather report the
sale made by the affiliated party to the unaffiliated customer in the United States.
6 ‘‘Further manufactured’’ refers to merchandise that undergoes further manufacture or assembly in the United States before sale to the first
unaffiliated customer.
3 Values
If you did not produce 100 percent of
the PRCBs that you exported to the
United States during the POI, please
provide the following information:
1) Identify each company which
produced the PRCBs (Company A)
that you (Company B) exported to
the United States;
2) Provide the physical address of
each company which produced the
Market: United
States
Name of
Company
A
Country of
Company
A
the POI;
4) Provide the quantity (in kg and
pieces) and the value of the PRCBs
that you (Company B) exported to
the United Sates during the POI that
was produced by your company
(Company B);
5) Use the chart below to provide the
information requested above:
PRCBs (Company A) that you
(Company B) exported to the United
States during the POI;
3) For each company (Company/
Companies A) which produced the
PRCBs that you (Company B)
exported, provide the quantity (in
kg and pieces) and value of the
PRCBs that you (Company B)
exported to the United Sates during
Name of
Company
B
Quantity in Both (kg
)(Net Weight) and
Pieces (1,000
units)Produced By
Company A and
Exported by Company B
Quantity (kg)(Net
Weight) and Pieces
(1,000 units) Produced By Company
B and Exported by
Company B
Value of Quantity
Produced By Company A and Exported by Company
B
Value of Quantity
Produced By Company B and Exported by Company
B
Export Price.
Constructed
Export Price.
Further Manufactured.
Total.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (the Department) is
conducting administrative reviews of
DEPARTMENT OF COMMERCE
the antidumping duty orders on ball
bearings and parts thereof from France,
International Trade Administration
Germany, Italy, Japan, and the United
[A–427–801, A–428–801, A–475–801, A–588– Kingdom. The reviews cover 15
804, A–412–801]
manufacturers/exporters. The period of
review is May 1, 2007, through April 30,
Ball Bearings and Parts Thereof From
2008. We have preliminarily determined
France, Germany, Italy, Japan, and the that sales have been made below normal
United Kingdom: Preliminary Results
value by certain companies subject to
of Antidumping Duty Administrative
these reviews. If these preliminary
Reviews and Intent To Revoke Order In
results are adopted in our final results
Part
of administrative reviews, we will
instruct U.S. Customs and Border
AGENCY: Import Administration,
Protection (CBP) to assess antidumping
International Trade Administration,
duties on all appropriate entries.
Department of Commerce.
[FR Doc. E9–9567 Filed 4–24–09; 8:45 am]
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We invite interested parties to
comment on these preliminary results.
Parties who submit comments in these
reviews are requested to submit with
each argument (1) a statement of the
issue and (2) a brief summary of the
argument.
DATES:
Effective Date: April 27, 2009.
FOR FURTHER INFORMATION CONTACT:
Kristin Case 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) 482–3174 or (202) 482–
4477, respectively.
SUPPLEMENTARY INFORMATION:
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Background
On May 15, 1989, the Department
published the antidumping duty orders
on ball bearings from France (54 FR
20902), Germany (54 FR 20900), Italy
(54 FR 20903), Japan (54 FR 20904), and
the United Kingdom (54 FR 20910) in
the Federal Register. On July 1, 2008, in
accordance with 19 CFR 351.213(b), we
published a notice of initiation of
administrative reviews of 38 companies
subject to these orders. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Requests
for Revocation in Part, 73 FR 37409
(July 1, 2008).
On January 8, 2009, we extended the
due date for the completion of these
preliminary results of reviews from
January 31, 2009, to April 21, 2009. See
Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the
United Kingdom: Extension of Time
Limit for Preliminary Results of
Antidumping Duty Administrative
Reviews, 74 FR 796 (January 8, 2009).
On March 26, 2009, we rescinded the
administrative reviews with respect to
23 companies. See Ball Bearings and
Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom:
Partial Rescission of Antidumping Duty
Administrative Reviews, 74 FR 13190
(March 26, 2009).
The period of review is May 1, 2007,
through April 30, 2008. The Department
is conducting these administrative
reviews in accordance with section 751
of the Tariff Act of 1930, as amended
(the Act).
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Scope of Orders
The products covered by the orders
are ball 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 Schedule of the
United States (HTSUS) subheadings:
3926.90.45, 4016.93.10, 4016.93.50,
6909.19.50.10, 8431.20.00,
8431.39.00.10, 8482.10.10, 8482.10.50,
8482.80.00, 8482.91.00, 8482.99.05,
8482.99.35, 8482.99.25.80,
8482.99.65.95, 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, 8708.93.60.00, 8708.99.06,
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8708.99.31.00, 8708.99.40.00,
8708.99.49.60, 8708.99.58,
8708.99.80.15, 8708.99.80.80,
8803.10.00, 8803.20.00, 8803.30.00,
8803.90.30, and 8803.90.90.
As a result of changes to the HTSUS,
effective February 2, 2007, the subject
merchandise is also classifiable under
the following additional HTSUS item
numbers: 8708.30.50.90, 8708.40.75,
8708.50.79.00, 8708.50.89.00,
8708.50.91.50, 8708.50.99.00,
8708.70.60.60, 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 HTSUS 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 for the
2007–2008 reviews, dated April 21,
2009, which is on file in the Central
Records Unit (CRU) of the main
Commerce building, room 1117, in the
General Issues record (A–100–001).
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 individual examination in
these reviews. Where it is not
practicable to examine all known
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exporters/producers of subject
merchandise because of the large
number of such companies, section
777A(c)(2) of the Act allows the
Department to limit its examination to
either a sample of exporters, producers,
or types of products that is statistically
valid, based on the information
available at the time of selection, or
exporters and producers accounting for
the largest volume of subject
merchandise from the exporting country
that can be reasonably examined.
Accordingly, in June 2008 we
requested information concerning the
quantity and value of sales to the United
States from the 38 exporters/producers
for which we had initiated reviews. We
received responses from most of the
exporters/producers by July 2008. Some
of the companies withdrew their
requests for review prior to our selection
of respondents for individual
examination. Based on our analysis of
the responses and our available
resources, we chose to examine the sales
of certain companies. See Memoranda to
Laurie Parkhill, dated August 12, 2008,
for the detailed analysis of the selection
process for each country-specific
review.
Subsequently, all selected firms
withdrew their requests for review with
respect to merchandise from Japan and
the United Kingdom. To replace the
firms that withdrew their requests for
review, we made additional selections.
See order-specific Memoranda to Laurie
Parkhill, dated October 21, 2008.
Non-Selected Respondents
For responding companies under
review of the orders on merchandise
from France and Italy that were not
individually examined, we have
assigned the weighted-average margin of
the sole selected respondent in the
respective review. Therefore, we have
applied, for these preliminary results,
the rate of 10.13 percent (France) and
10.94 percent (Italy) to the firms not
individually examined in these reviews.
With respect to the responding
companies which remain under review
and which we did not select for
individual examination in the review of
the order on subject merchandise from
Germany, we have assigned the margin
we calculated for Schaeffler KG of 3.32
percent to these firms. There were two
other selected respondents, myonic
GmbH (myonic) and Gebrueder Reinfurt
GmbH & Co., KG (GRW); we are
assigning an adverse facts-available rate
to myonic and we have calculated a de
minimis rate for GRW. Generally we
have looked to section 735(c)(5) of the
Act, which provides instructions for
calculating the all-others rate in an
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Use of Facts Otherwise Available
For the reasons discussed below, we
determine that the use of adverse facts
available (AFA) is appropriate for the
preliminary results of reviews with
respect to two companies.
administering authority determines that
a response to a request for information
does not comply with the request, the
administering authority shall promptly
inform the responding party and, to the
extent practicable, provide an
opportunity to remedy the deficient
submission. If the party fails to remedy
the deficiency within the applicable
time limits, the Department may
disregard, subject to section 782(e) of
the Act, all or part of the original and
subsequent responses, as appropriate.
Section 782(e) of the Act provides that
the Department ‘‘shall not decline to
consider information that is submitted
by an interested party and is necessary
to the determination but does not meet
all the applicable requirements
established by the administering
authority’’ if the information is timely,
can be verified, and is not so incomplete
that it cannot be used, and if the
interested party acted to the best of its
ability in providing the information.
Where all of these conditions are met,
the statute requires the Department to
use the information if it can do so
without undue difficulties.
Two of the companies selected for
individual examination, myonic
(Germany) and Edwards Ltd./Edwards
High Vacuum Int’l Ltd. (Japan)
(Edwards Japan), did not respond to our
questionnaire other than to provide
quantity and value of U.S. sales
information. Because these companies
did not respond fully to our request, we
could not determine whether and to
what extent these companies sold
subject merchandise at less than normal
value using the companies’ own data.
Moreover, because these companies
have failed to provide the information
requested and thus have significantly
impeded the respective reviews, we find
that we must base their margins on the
use of facts otherwise available. See
section 776(a) of the Act.
A. Use of Facts Available
Section 776(a)(2) of the Act provides
that, if an interested party withholds
information requested by the
administering authority, fails to provide
such information by the deadlines for
submission of the information and in
the form or manner requested, subject to
subsections (c)(1) and (e) of section 782
of the Act, significantly impedes a
proceeding under this title, or provides
such information but the information
cannot be verified as provided in
section 782(i) of the Act, the
administering authority shall use,
subject to section 782(d) of the Act, facts
otherwise available in reaching the
applicable determination. Section
782(d) of the Act provides that, if the
B. Application of Adverse Inferences for
Facts Available
In applying the facts otherwise
available, section 776(b) of the Act
provides that, if the administering
authority finds that an interested party
has failed to cooperate by not acting to
the best of its ability to comply with a
request for information from the
administering authority, in reaching the
applicable determination under this
title, the administering authority may
use an adverse inference in selecting
from among the facts otherwise
available. See, e.g., Notice of Final
Results of Antidumping Duty
Administrative Review, and Final
Determination to Revoke the Order In
Part: Individually Quick Frozen Red
investigation, for guidance when
calculating the rate for respondents we
did not examine in an administrative
review. Section 735(c)(5)(A) of the Act
instructs that we are not to calculate an
all-others rate using any zero or de
minimis margins or any margins based
on total facts available. Therefore, we
have not included either of the margins
we established for myonic or GRW in
the determination of the rate for
companies not selected for individual
examination.
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Verification
As provided in section 782(i) of the
Act, we have verified information
provided by GRW and SKF France
S.A./SKF Aerospace France S.A.S. (SKF
France) in the administrative reviews of
the orders on subject merchandise from
Germany and France, respectively,
using standard verification procedures
including the examination of relevant
sales and financial records and the
selection and review of original
documentation containing relevant
information.
We intend to verify information
provided by SKF (UK) Limited (SKF
UK) and Japanese Aero Engines
Corporation (JAEC) in the
administrative reviews of the orders on
subject merchandise from the United
Kingdom and Japan, respectively, after
publication of these preliminary results
of administrative reviews. Our
verification results are, or will be,
outlined in the public versions of our
verification reports which are, or will
be, on file in the CRU, room 1117 of the
main Department building.
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Raspberries from Chile, 72 FR 70295,
70297 (December 11, 2007) (Final—
Raspberries from Chile), and Notice of
Preliminary Determination of Sales at
Less Than Fair Value, and
Postponement of Final Determination:
Certain Circular Welded Carbon-Quality
Line Pipe From Mexico, 69 FR 59892,
59896 (October 6, 2004).
Adverse inferences are appropriate
‘‘to ensure that the party does not obtain
a more favorable result by failing to
cooperate than if it had cooperated
fully.’’ See Notice of Preliminary Results
of Antidumping Duty Administrative
Review, Notice of Partial Rescission of
Antidumping Duty Administrative
Review, Notice of Intent to Revoke in
Part: Certain Individually Quick Frozen
Red Raspberries from Chile, 72 FR
44112, 44114 (August 7, 2007)
(unchanged in Final—Raspberries from
Chile, 72 FR at 70297). Further,
‘‘affirmative evidence of bad faith on the
part of a respondent is not required
before the Department may make an
adverse inference.’’ See Antidumping
Duties; Countervailing Duties, 62 FR
27296, 27340 (May 19, 1997). See also
Nippon Steel Corp. v. United States, 337
F.3d 1373, 1380–84 (CAFC 2003).
Because the non-responding
companies—myonic and Edwards
Japan—did not provide requested data
concerning their sales of subject
merchandise to the United States and
foreign like product sold in the
comparison markets during the period
of review, we determine that they have
failed to cooperate by not acting to the
best of their ability. See Antifriction
Bearings and Parts Thereof From
France, et al.: Final Results of
Antidumping Duty Administrative
Reviews, Rescission of Administrative
Reviews in Part, and Determination To
Revoke Order in Part, 69 FR 55574
(September 15, 2004) (AFBs 14).
Therefore, we conclude that the use of
an adverse inference is warranted in
applying facts otherwise available to
these companies.
C. Selection and Corroboration of
Information Used as Facts Available
As facts available with an adverse
inference, we have selected the rates of
70.41 percent for myonic and 73.55
percent for Edwards Japan. These rates
represent the highest rates calculated in
the history of the respective proceedings
and are from the respective less-thanfair-value investigations for each
country. See Final Determinations of
Sales at Less than Fair Value:
Antifriction Bearings (Other Than
Tapered Roller Bearings) and Parts
Thereof From the Federal Republic of
Germany, 54 FR 18992, 18997 (May 3,
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1989), and Final Determinations of
Sales at Less than Fair Value:
Antifriction Bearings (Other Than
Tapered Roller Bearings) and Parts
Thereof From Japan, 54 FR 19101,
19108 (May 3, 1989).
Section 776(c) of the Act provides that
the Department shall corroborate, to the
extent practicable, secondary
information used for facts available by
reviewing independent sources
reasonably at its disposal. Information
from a prior segment of the proceeding
constitutes secondary information. See
Certain Frozen Warmwater Shrimp from
Brazil: Final Results and Partial
Rescission of Antidumping Duty
Administrative Review, 73 FR 39940
(July 11, 2008). The word ‘‘corroborate’’
means that the Department will satisfy
itself that the secondary information to
be used has probative value.
To corroborate secondary information,
the Department will examine, to the
extent practicable, the reliability and
relevance of the information used.
Unlike other types of information such
as input costs or selling expenses,
however, there are no independent
sources for calculated dumping margins.
The only source for margins is
administrative determinations. Thus,
with respect to an administrative
review, if the Department chooses as
facts available a calculated dumping
margin from a prior segment of the
proceeding, it is not necessary to
question the reliability of the margin for
that time period. See AFBs 14, 69 FR at
55577. With respect to the relevance
aspect of corroboration, the Department
will consider information reasonably at
its disposal as to whether there are
circumstances that would render a
margin not relevant. Where
circumstances indicate that the selected
margin is not appropriate as AFA, the
Department will disregard the margin
and determine an appropriate margin.
See Fresh Cut Flowers From Mexico;
Final Results of Antidumping Duty
Administrative Review, 61 FR 6812,
6814 (February 22, 1996) (the
Department disregarded the highest
dumping margin as best information
available because the margin was based
on another company’s uncharacteristic
business expense resulting in an
unusually high margin).
We find that the rates we are using for
these preliminary results, 70.41 percent
for myonic and 73.55 percent for
Edwards Japan, have probative value
and, therefore, are appropriate rates for
use as AFA. Both rates fell within the
range of margins we calculated for
companies in the respective countryspecific administrative reviews, and
there is no information on the record of
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the reviews that demonstrates that the
selected rates are not appropriate AFA
rates for the non-responsive firms.
For more detail concerning the
selection of the AFA rates, see the
country-specific Memoranda to Laurie
Parkhill, dated April 21, 2009, regarding
corroboration of the respective AFA
rates.
Intent To Revoke
On May 30, 2008, GRW requested the
revocation from the order on ball
bearings and parts thereof from
Germany as it pertains to its sales.
Under section 751(d)(1) of the Act, the
Department ‘‘may revoke, in whole or in
part’’ an antidumping duty order upon
completion of a review. Although
Congress has not specified the
procedures that the Department must
follow in revoking an order, the
Department has developed a procedure
for revocation that is set forth under 19
CFR 351.222. Under 19 CFR
351.222(b)(2), the Department may
revoke an antidumping duty order in
part if it concludes that (A) an exporter
or producer has sold the merchandise at
not less than normal value for a period
of at least three consecutive years, (B)
the exporter or producer has agreed in
writing to its immediate reinstatement
in the order if the Secretary concludes
that the exporter or producer,
subsequent to the revocation, sold the
subject merchandise at less than normal
value, and (C) the continued application
of the antidumping duty order is no
longer necessary to offset dumping.
Section 351.222(b)(3) of the
Department’s regulations states that, in
the case of an exporter that is not the
producer of subject merchandise, the
Department normally will revoke an
order in part under 19 CFR
351.222(b)(2) only with respect to
subject merchandise produced or
supplied by those companies that
supplied the exporter during the time
period that formed the basis for
revocation.
A request for revocation of an order in
part for a company previously found
dumping must address three elements.
The company requesting the revocation
must do so in writing and submit the
following statements with the request:
(1) The company’s certification that it
sold the subject merchandise at not less
than normal value during the current
review period and that, in the future, it
will not sell at less than normal value;
(2) the company’s certification that,
during each of the consecutive years
forming the basis of the request, it sold
the subject merchandise to the United
States in commercial quantities; (3) the
agreement to reinstatement in the order
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if the Department concludes that,
subsequent to revocation, the company
has sold the subject merchandise at less
than normal value. See 19 CFR
351.222(e)(1).
We preliminarily determine that
GRW’s May 30, 2008, request meets all
of the criteria under 19 CFR
351.222(e)(1). With regard to the criteria
of 19 CFR 351.222(b)(2), our preliminary
margin calculations show that GRW
sold ball bearings at not less than
normal value during the current review
period. See Preliminary Results of
Reviews section below. In addition, it
sold ball bearings at not less than
normal value in the two previous
administrative reviews in which it was
reviewed. See Ball Bearings and Parts
Thereof from France, et al.: Final
Results of Antidumping Duty
Administrative Reviews and Rescission
of Review in Part, 72 FR 58053 (October
12, 2007), for the period May 1, 2005,
through April 30, 2006, and Ball
Bearings and Parts Thereof From
France, et al.: Final Results of
Antidumping Duty Administrative
Reviews and Rescission of Reviews in
Part, 73 FR 52823 (September 11, 2008),
for the period May 1, 2006, through
April 30, 2007. Based on our
examination of the sales data submitted
by GRW, we preliminarily determine
that GRW sold the subject merchandise
in the United States in commercial
quantities in each of the consecutive
years cited by GRW to support its
request for revocation. See preliminary
results analysis memorandum, dated
April 21, 2009, on file in the CRU, room
1117. Thus, we preliminarily find that
GRW had zero or de minimis dumping
margins for the last three consecutive
years and sold in commercial quantities
all three years. Also, we preliminarily
determine that application of the
antidumping duty order to GRW is no
longer warranted for the following
reasons: (1) The company had zero or de
minimis margins for a period of at least
three consecutive years; (2) the
company has agreed to immediate
reinstatement of the order if we find that
it has resumed making sales at less than
fair value; (3) the continued application
of the order is not otherwise necessary
to offset dumping.
Therefore, we preliminarily determine
that GRW qualifies for revocation from
the order on ball bearings and parts
thereof from Germany pursuant to 19
CFR 351.222(b)(2) and, thus, we
preliminarily determine to revoke the
order with respect to ball bearings and
parts thereof from Germany exported
and/or sold by GRW to the United
States.
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Export Price and Constructed Export
Price
For the price to the United States, we
used export price (EP) or constructed
export price (CEP) as defined in sections
772(a) and (b) of the Act, as appropriate.
Due to the extremely large volume of
U.S. transactions that occurred during
the period of review and the resulting
administrative burden involved in
calculating individual margins for all of
these transactions, we sampled CEP
sales in accordance with section 777A
of the Act. When a selected firm made
more than 10,000 CEP sales transactions
to the United States of merchandise
subject to a particular order, we
reviewed CEP sales that occurred during
sample weeks. We selected one week
from each two-month period in the
review period, for a total of six weeks,
and analyzed each transaction made in
those six weeks. The sample weeks are
as follows: June 3, 2007–June 9, 2007;
July 29, 2007–August 4, 2007;
September 23, 2007–September 29,
2007; December 2, 2007–December 8,
2007; February 10, 2008–February 16,
2008; April 13, 2008–April 19, 2008. We
reviewed all EP sales transactions the
selected respondents made during the
period of review.
We calculated EP and CEP based on
the packed F.O.B., C.I.F., or delivered
price to unaffiliated purchasers in, or for
exportation to, the United States. We
made deductions, as appropriate, for
discounts and rebates. We also made
deductions for any movement expenses
in accordance with section 772(c)(2)(A)
of the Act.
Certain companies received freight
revenues or packing revenues from the
customer for certain U.S. sales. In
Certain Orange Juice from Brazil: Final
Results and Partial Rescission of
Antidumping Duty Administrative
Review, 73 FR 46584 (August 11, 2008)
(OJ Brazil), and accompanying Issues
and Decision Memorandum at Comment
7, and Polyethylene Retail Carrier Bags
from the People’s Republic of China:
Final Results of Antidumping Duty
Administrative Review, 74 FR 6857
(February 11, 2009) (PRC Bags), and
accompanying Issues and Decision
Memorandum at Comment 6, the
Department determined to treat such
revenues as an offset to the specific
expenses for which they were intended
to compensate. Accordingly, we have
used these respondents’ revenues as an
offset to their respective expenses.
Consistent with section 772(d)(1) of
the Act, we calculated CEP by deducting
selling expenses associated with
economic activities occurring in the
United States which includes
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15:55 Apr 24, 2009
Jkt 217001
commissions, direct selling expenses,
and U.S. repacking expenses. In
accordance with section 772(d)(1) of the
Act, we also deducted those indirect
selling expenses associated with
economic activities occurring in the
United States and the profit allocated to
expenses deducted under section
772(d)(1) of the Act in accordance with
sections 772(d)(3) and 772(f) of the Act.
In accordance with section 772(f) of the
Act, we computed profit based on the
total revenues realized on sales in both
the U.S. and home markets, less all
expenses associated with those sales.
We then allocated profit to expenses
incurred with respect to U.S. economic
activity based on the ratio of total U.S.
expenses to total expenses for both the
U.S. and home markets. Finally, we
made an adjustment for profit allocated
to these expenses in accordance with
section 772(d)(3) of the Act.
Because SKF and JAEC did not incur
short-term U.S. dollar borrowings
during the period of review, they based
their U.S. short-term interest rates on
the Federal Funds Interest Rate for the
calculation of their U.S. credit expenses
and inventory-carrying costs incurred in
the United States. We did not use the
U.S. short-term interest rate for these
firms. The Federal Funds Interest Rate
is the interest rate at which private
depository institutions lend balances at
the Federal Reserve to other depository
institutions. Instead we used the Federal
Reserve’s weighted-average data for
short-term commercial and industrial
loans. Consistent with the Department’s
Policy Bulletin 98.2, Imputed Credit
Expenses and Interest Rates, February
23, 1998, if a respondent had no shortterm debt in U.S. dollars during the
period of review, it is the Department’s
practice to ‘‘use the Federal Reserve’s
weighted-average data for commercial
and industrial loans maturing between
one month and one year from the time
the loan is made’’ in order to calculate
the U.S. short-term interest percentage
rate. See, e.g., Notice of Final Results of
Antidumping Duty Administrative
Review: Steel Concrete Reinforcing Bars
from Latvia, 71 FR 7016 (February 10,
2006), and accompanying Issues and
Decision Memorandum at Comment 4.
The Federal Reserve maintains these
specific data under the title ‘‘Federal
Reserve Statistical Release’’ and the
subheading ‘‘Survey of Terms of
Business Lending,’’ which is posted on
the Web site at https://
www.federalreserve.gov/releases/e2/.
The short-term interest rates for May 7–
11, 2007, August 6–10, 2007, November
5–9, 2007, and February 4–8, 2008, were
7.46, 7.22, 6.84, and 5.05 percent,
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respectively. We added these short-term
interest rates and divided the sum by
four to calculate the U.S. short-term
interest rate of 6.64 percent for the
period of review. We used this rate to
recalculate SKF’s and JAEC’s U.S. credit
expenses and inventory-carrying costs
incurred in the United States.
With respect to subject merchandise
to which value was added in the United
States prior to sale to unaffiliated U.S.
customers, e.g., parts of bearings that
were imported by U.S. affiliates of
foreign exporters and then further
processed into other products which
were then sold to unaffiliated parties,
we determined that the special rule for
merchandise with value added after
importation under section 772(e) of the
Act applied to all firms that added value
in the United States.
Section 772(e) of the Act provides
that, when the subject merchandise is
imported by an affiliated person and the
value added in the United States by the
affiliated person is likely to exceed
substantially the value of the subject
merchandise, we shall determine the
CEP for such merchandise using the
price of identical or other subject
merchandise sold by the exporter or
producer to an unaffiliated customer if
there is a sufficient quantity of sales to
provide a reasonable basis for
comparison and we determine that the
use of such sales is appropriate. If there
is not a sufficient quantity of such sales
or if we determine that using the price
of identical or other subject
merchandise is not appropriate, we may
use any other reasonable basis to
determine CEP.
To determine whether the value
added is likely to exceed substantially
the value of the subject merchandise, we
estimated the value added based on the
difference between the averages of the
prices charged to the first unaffiliated
purchaser for the merchandise as sold in
the United States and the averages of the
prices paid for the subject merchandise
by the affiliated purchaser. Based on
this analysis, we determined that the
estimated value added in the United
States by the further-manufacturing
firms accounted for at least 65 percent
of the price charged to the first
unaffiliated customer for the
merchandise as sold in the United
States. See 19 CFR 351.402(c) for an
explanation of our practice on this
issue. Therefore, we preliminarily
determine that the value added is likely
to exceed substantially the value of the
subject merchandise for SKF France,
SKF Industrie S.p.A./Somecat S.p.A.
(SKF Italy), Schaeffler KG, JAEC, and
Sapporo Precision Inc. (Sapporo). Also,
for these firms, we determine that there
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was a sufficient quantity of sales
remaining to provide a reasonable basis
for comparison and that the use of these
sales is appropriate. For the analysis of
the decision not to require furthermanufactured data, see the
Department’s company-specific analysis
memoranda dated April 21, 2009.
Accordingly, for purposes of
determining dumping margins for the
sales subject to the special rule, we have
used the weighted-average dumping
margins calculated on sales of identical
or other subject merchandise sold to
unaffiliated persons.
On July 4, 2006, the SKF Group
acquired Somecat S.p.A. (Somecat) in
Italy and SNFA Bearings Ltd. in the
United Kingdom (SNFA UK). We had
revoked the antidumping duty orders
covering ball bearings from Italy and the
United Kingdom in part with respect to
Somecat and SNFA UK. See Antifriction
Bearings (Other Than Tapered Roller
Bearings) and Parts Thereof From
France, et al.: Final Results of
Antidumping Duty Administrative
Reviews and Revocation of Orders in
Part, 65 FR 49219 (August 11, 2000),
and Antifriction Bearings (Other Than
Tapered Roller Bearings) and Parts
Thereof From France, et al.: Final
Results of Antidumping Duty
Administrative Reviews and Revocation
of Orders in Part, 66 FR 36551 (July 12,
2001). Our revocations covered ball
bearings from Italy produced by
Somecat and exported by either
Somecat or SNFA UK and ball bearings
from the United Kingdom produced and
exported by SNFA UK. On January 1,
2008, SKF UK purchased the assets of
SNFA UK and SKF UK started to export
bearings produced by both Somecat and
SNFA UK to the United States.
In these administrative reviews for the
period May 1, 2007, through April 30,
2008, SKF Italy reported Somecatproduced bearings which SKF UK sold
in the United States on or after January
1, 2008; SKF UK reported SNFA UKproduced bearings which SKF UK sold
in the United States on or after January
1, 2008. SKF Italy and SKF UK have
argued that we should not include in
their respective margin calculations
sales of Somecat-produced ball bearings
or SNFA UK-produced ball bearings
which SKF UK sold to U.S. customers
during the period of review but which
entered the United States before January
1, 2008, on the grounds that entries of
such merchandise were not subject to
the antidumping duty orders. Because
SKF Italy and SKF UK provided data
supporting their position, we have
excluded Somecat-produced bearings
and SNFA UK-produced bearings where
the record demonstrates that this
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15:55 Apr 24, 2009
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merchandise was exported to the United
States by either Somecat or SNFA UK
prior to January 1, 2008, and thus
covered by our revocations for these
firms.
There were no other claimed or
allowed adjustments to EP or CEP sales
by other respondents.
Home-Market Sales
Based on a comparison of the
aggregate quantity of home-market and
U.S. sales and absent any information
that a particular market situation in the
exporting country did not permit a
proper comparison, we determined that
the quantity of foreign like product sold
by all respondents in the exporting
country was sufficient to permit a
proper comparison with the sales of the
subject merchandise to the United
States, pursuant to section 773(a)(1) of
the Act. Each company’s quantity of
sales in its home market was greater
than five percent of its sales to the U.S.
market. Therefore, in accordance with
section 773(a)(1)(B)(i) of the Act, we
based normal value on the prices at
which the foreign like product was first
sold for consumption in the exporting
country in the usual commercial
quantities and in the ordinary course of
trade and, to the extent practicable, at
the same level of trade as the EP or CEP
sales.
Due to the extremely large number of
home-market transactions that occurred
during the period of review and the
resulting administrative burden
involved in examining all of these
transactions, we sampled sales to
calculate normal value in accordance
with section 777A of the Act. When a
selected firm had more than 10,000
home-market sales transactions on a
country-specific basis, we used sales in
sample months that corresponded to the
sample weeks which we selected for
U.S. CEP sales, sales in a month prior
to the period of review, and sales in the
month following the period of review.
The sample months were February
2007, June 2007, August 2007,
September 2007, December 2007,
February 2008, April 2008, and June
2008.
The Department may calculate normal
value based on a sale to an affiliated
party only if it is satisfied that the price
to the affiliated party is comparable to
the price at which sales are made to
parties not affiliated with the exporter
or producer, i.e., sales were made at
arm’s-length prices. See 19 CFR
351.403(c). We excluded from our
analysis sales to affiliated customers for
consumption in the home market that
we determined not to be arm’s-length
prices. To test whether these sales were
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19061
made at arm’s-length prices, we
compared the prices of sales of
comparable merchandise to affiliated
and unaffiliated customers, net of all
rebates, movement charges, direct
selling expenses, and packing. Pursuant
to 19 CFR 351.403(c) and in accordance
with our practice, when the prices
charged to an affiliated party were, on
average, between 98 and 102 percent of
the prices charged to unaffiliated parties
for merchandise comparable to that sold
to the affiliated party, we determined
that the sales to the affiliated party were
at arm’s-length prices. See Antidumping
Proceedings: Affiliated Party Sales in
the Ordinary Course of Trade, 67 FR
69186 (November 15, 2002). We
included in our calculation of normal
value those sales to affiliated parties
that were made at arm’s-length prices.
Cost of Production
In accordance with section 773(b) of
the Act, we disregarded below-cost sales
in the last completed segment for SKF
France, SKF Italy, SKF UK, GRW,
Schaeffler KG, and The Barden
Corporation (UK), Ltd./Schaeffler (U.K.)
Ltd. (Barden/Schaeffler UK). Therefore,
for the instant reviews, we have
reasonable grounds to believe or suspect
that sales of the foreign like product
under consideration for the
determination of normal value in these
reviews may have been made at prices
below the cost of production (COP), as
provided by section 773(b)(2)(A)(ii) of
the Act. Pursuant to section 773(b)(1) of
the Act, we conducted COP
investigations of sales by these firms in
the respective home markets.
In accordance with section 773(b)(3)
of the Act, we calculated the COP based
on the sum of the costs of materials and
fabrication employed in producing the
foreign like product, the selling, general,
and administrative (SG&A) expenses,
and all costs and expenses incidental to
packing the merchandise. In our COP
analysis, we used the home-market sales
and COP information provided by each
respondent in its questionnaire
responses.
After calculating the COP and in
accordance with section 773(b)(1) of the
Act, we tested whether home-market
sales of the foreign like product were
made at prices below the COP within an
extended period of time in substantial
quantities and whether such prices
permitted the recovery of all costs
within a reasonable period of time. We
compared model-specific COPs to the
reported home-market prices less any
applicable movement charges,
discounts, and rebates.
Pursuant to section 773(b)(2)(C) of the
Act, when less than 20 percent of a
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respondent’s sales of a given product
were at prices less than the COP, we did
not disregard any below-cost sales of
that product because the below-cost
sales were not made in substantial
quantities within an extended period of
time. When 20 percent or more of a
respondent’s sales of a given product
during the period of review were at
prices less than the COP, we
disregarded the below-cost sales
because they were made in substantial
quantities within an extended period of
time pursuant to sections 773(b)(2)(B)
and (C) of the Act and because, based on
comparisons of prices to weightedaverage COPs for the period of review,
we determined that these sales were at
prices which would not permit recovery
of all costs within a reasonable period
of time in accordance with section
773(b)(2)(D) of the Act. See the analysis
memoranda for SKF France, SKF Italy,
SKF UK, GRW, Schaeffler KG, and
Barden/Schaeffler UK dated April 21,
2009. Based on this test, we disregarded
below-cost sales with respect to SKF
France, SKF Italy, SKF UK, GRW,
Schaeffler KG, and Barden/Schaeffler
UK.
Model-Match Methodology
For all respondents, where possible,
we compared U.S. sales with sales of the
foreign like product in the home market.
Specifically, in making our
comparisons, if an identical homemarket model was reported, we made
comparisons to weighted-average homemarket prices that were based on all
sales which passed the COP test of the
identical product during the relevant
month. We calculated the weightedaverage home-market prices on a level
of trade-specific basis. If there were no
contemporaneous sales of an identical
model, we identified the most similar
home-market model.
To determine the most similar model,
we limited our examination to models
sold in the home market that had the
same bearing design, load direction,
number of rows, and precision grade.
Next, we calculated the sum of the
deviations (expressed as a percentage of
the value of the U.S. model’s
characteristics) of the inner diameter,
outer diameter, width, and load rating
for each potential home-market match
and selected the bearing with the
smallest sum of the deviations. If two or
more bearings had the same sum of the
deviations, we selected the model that
was sold at the same level of trade as the
U.S. sale and was the closest
contemporaneous sale to the U.S. sale.
If two or more models were sold at the
same level of trade and were sold
equally contemporaneously, we selected
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Jkt 217001
the model with the smallest differencein-merchandise adjustment.
Finally, if no bearing sold in the home
market had a sum of the deviations that
was less than 40 percent, we concluded
that no appropriate comparison existed
in the home market and we used the
constructed value of the U.S. model as
normal value. For a full discussion of
the model-match methodology for these
reviews, see Ball Bearings and Parts
Thereof from France, et al.: Final
Results of Antidumping Duty
Administrative Reviews, 70 FR 54711
(September 16, 2005), and
accompanying Issues and Decision
Memorandum at Comments 2, 3, and 5
and Antifriction Bearings and Parts
Thereof from France, et al.: Preliminary
Results and Partial Rescission of
Antidumping Duty Administrative
Reviews, 70 FR 25538, 25542 (May 13,
2005).
Normal Value
Home-market prices were based on
the packed, ex-factory, or delivered
prices to affiliated or unaffiliated
purchasers. When applicable, we made
adjustments for differences in packing
and for movement expenses in
accordance with sections 773(a)(6)(A)
and (B) of the Act. Where companies
received freight or packing revenues
from the home-market customer, we
offset these expenses in accordance with
OJ Brazil and PRC Bags as discussed
above. We also made adjustments for
differences in cost attributable to
differences in physical characteristics of
the merchandise pursuant to section
773(a)(6)(C)(ii) of the Act and 19 CFR
351.411 and for differences in
circumstances of sale in accordance
with section 773(a)(6)(C)(iii) of the Act
and 19 CFR 351.410. For comparisons to
EP, we made circumstance-of-sale
adjustments by deducting home-market
direct selling expenses from, and adding
U.S. direct selling expenses to, normal
value. For comparisons to CEP, we
made circumstance-of-sale adjustments
by deducting home-market direct selling
expenses from normal value. We also
made adjustments, when applicable, for
home-market indirect selling expenses
to offset U.S. commissions in EP and
CEP calculations.
In accordance with section
773(a)(1)(B)(i) of the Act, we based
normal value, to the extent practicable,
on sales at the same level of trade as the
EP or CEP. If normal value was
calculated at a different level of trade,
we made an adjustment, if appropriate
and if possible, in accordance with
section 773(a)(7)(A) of the Act. See Level
of Trade section below.
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Constructed Value
In accordance with section 773(a)(4)
of the Act, we used constructed value as
the basis for normal value when there
were no usable sales of the foreign like
product in the comparison market. We
calculated constructed value in
accordance with section 773(e) of the
Act. We included the cost of materials
and fabrication, SG&A expenses, U.S.
packing expenses, and profit in the
calculation of constructed value. In
accordance with section 773(e)(2)(A) of
the Act, we based SG&A expenses and
profit on the amounts incurred and
realized by each respondent in
connection with the production and sale
of the foreign like product in the
ordinary course of trade for
consumption in the home market.
When appropriate, we made
adjustments to constructed value in
accordance with section 773(a)(8) of the
Act, 19 CFR 351.410, and 19 CFR
351.412 for circumstance-of-sale
differences and level-of-trade
differences. For comparisons to EP, we
made circumstance-of-sale adjustments
by deducting home-market direct selling
expenses from and adding U.S. direct
selling expenses to constructed value.
For comparisons to CEP, we made
circumstance-of-sale adjustments by
deducting home-market direct selling
expenses from constructed value. We
also made adjustments, when
applicable, for home-market indirect
selling expenses to offset U.S.
commissions in EP and CEP
comparisons.
When possible, we calculated
constructed value at the same level of
trade as the EP or CEP. If constructed
value was calculated at a different level
of trade, we made an adjustment, if
appropriate and if possible, in
accordance with sections 773(a)(7) and
(8) of the Act.
Level of Trade
To the extent practicable, we
determined normal value for sales at the
same level of trade as the U.S. sales
(either EP or CEP). When there were no
sales at the same level of trade, we
compared U.S. sales to home-market
sales at a different level of trade. The
normal-value level of trade is that of the
starting-price sales in the home market.
When normal value is based on
constructed value, the level of trade is
that of the sales from which we derived
SG&A and profit.
To determine whether home-market
sales are at a different level of trade than
U.S. sales, we examined stages in the
marketing process and selling functions
along the chain of distribution between
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the producer and the unaffiliated
customer. If the comparison-market
sales were at a different level of trade
from that of a U.S. sale and the
difference affected price comparability,
as manifested in a pattern of consistent
price differences between the sales on
which normal value is based and
comparison-market sales at the level of
trade of the export transaction, we made
a level-of-trade adjustment under
section 773(a)(7)(A) of the Act. See, e.g.,
Notice of Final Determination of Sales
at Less Than Fair Value: Certain Cut-toLength Carbon Steel Plate From South
Africa, 62 FR 61731, 61732 (November
19, 1997).
Where the respondent reported no
home-market levels of trade that were
equivalent to the CEP level of trade and
where the CEP level of trade was at a
less advanced stage than any of the
home-market levels of trade, we were
unable to calculate a level-of-trade
adjustment based on the respondent’s
home-market sales of the foreign like
product. Furthermore, we have no other
information that provides an
appropriate basis for determining a
level-of-trade adjustment. For
respondents’ CEP sales, to the extent
possible, we determined normal value at
the same level of trade as the U.S. sale
to the first unaffiliated customer and
made a CEP-offset adjustment in
accordance with section 773(a)(7)(B) of
the Act. The CEP-offset adjustment to
normal value was subject to the socalled ‘‘offset cap,’’ calculated as the
sum of home-market indirect selling
expenses up to the amount of U.S.
indirect selling expenses deducted from
CEP (or, if there were no home-market
commissions, the sum of U.S. indirect
selling expenses and U.S. commissions).
For a company-specific description of
our level-of-trade analyses for these
preliminary results, see Memorandum
to Laurie Parkhill, dated April 21, 2009,
entitled ‘‘Ball Bearings and Parts There
of from Various Countries: 2007/2008
Level-of-Trade Analysis,’’ on file in the
CRU, room 1117.
JAEC ...........................................
Sapporo ......................................
Company
France
SKF France ................................
Edwards Ltd. and Edwards High
Vacuum Int’l Ltd ......................
Germany
GRW ...........................................
Schaeffler KG .............................
myonic ........................................
RWG Frankenjura Industrie Aircraft Bearings GmbH ..............
SKF GmbH .................................
Edwards Ltd. and Edwards High
Vacuum Int’l Ltd ......................
Italy
SKF Italy .....................................
Schaeffler Italia S.r.L. (formerly
FAG Italia S.p.A.) ....................
Japan
Edwards Ltd. and Edwards High
Vacuum Int’l Ltd ......................
0.00
6.65
United Kingdom
Barden/Schaeffler UK .................
SKF UK .......................................
Preliminary Results of Reviews
As a result of our reviews, we
preliminarily determine that the
following percentage weighted-average
dumping margins on ball bearings and
parts thereof from various countries
exist for the period May 1, 2007,
through April 30, 2008:
Margin
(percent)
Company
0.14
18.27
Comments
We will disclose the calculations used
in our analysis to parties to these
reviews within five days of the date of
publication of this notice. See 19 CFR
351.224(b). Any interested party may
request a hearing within 30 days of the
Margin
date of publication of this notice. See 19
(percent)
CFR 351.310(c). A general-issues
hearing, if requested, and any hearings
regarding issues related solely to
10.13 specific countries, if requested, will be
held at the main Department building at
10.13
times and locations to be determined.
Interested parties who wish to request
a hearing or to participate if one is
0.10 requested must submit a written request
3.32
to the Assistant Secretary for Import
70.41
Administration within 30 days of the
3.32 date of publication of this notice. See 19
3.32 CFR 351.310(c). Requests should
contain the following: (1) The party’s
3.32 name, address, and telephone number;
(2) the number of participants; (3) a list
of issues to be discussed.
10.94
Issues raised in hearings will be
limited to those raised in the respective
10.94 case briefs. Case briefs from interested
parties and rebuttal briefs, limited to the
issues raised in the respective case
briefs, may be submitted not later than
73.55 the following dates:
Case
Briefs due 1
France .....................................................................................
Germany .................................................................................
Italy .........................................................................................
Japan ......................................................................................
United Kingdom ......................................................................
General Issues ........................................................................
May 27, 2009 .........................................................................
May 28, 2009 .........................................................................
May 29, 2009 .........................................................................
June 4, 2009 ..........................................................................
June 5, 2009 ..........................................................................
June 8, 2009 ..........................................................................
Rebuttals due
June
June
June
June
June
June
3, 2009.
4, 2009.
5, 2009.
11, 2009.
12, 2009.
15, 2009.
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1 If verification reports for pending verifications involving the administrative reviews of Japan and the United Kingdom are issued later than
seven days prior to the dates indicated, then the case brief will be due seven days after release of the verification report and the rebuttal brief
will be due seven days after the due date for the case brief. The case brief for General Issues will be due the first business day after the last
country-specific case brief is due and the rebuttal brief for General Issues will be due seven days thereafter.
Parties who submit case briefs or
rebuttal briefs in these proceedings are
requested to submit with each argument
(1) a statement of the issue and (2) a
brief summary of the argument. Parties
are also encouraged to provide a
summary of the arguments not to exceed
five pages and a table of statutes,
regulations, and cases cited.
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The Department intends to issue the
final results of these administrative
reviews, including the results of its
analysis of issues raised in any such
written briefs or at the hearings, if held,
within 120 days of the date of
publication of this notice.
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Assessment Rates
The Department shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries. In accordance
with 19 CFR 351.212(b)(1), we have
calculated, whenever possible, an
exporter/importer (or customer)-specific
assessment rate or value for
merchandise subject to these reviews as
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19064
Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Notices
described below. We intend to issue
liquidation instructions to CBP 15 days
after publication of the final results of
these reviews.
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 selected
for individual examination in these
preliminary 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 country-specific 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
examination, we will instruct CBP to
apply the rates listed above to all entries
of subject merchandise produced and/or
exported by such firms.
For companies for which we are
relying on total AFA to establish a
dumping margin, we will instruct CBP
to apply the assigned AFA rate to all
entries of subject merchandise during
the period of review produced and/or
exported by the companies.
Export-Price Sales
With respect to EP sales, for these
preliminary results, we divided the total
dumping margins (calculated as the
difference between normal value and
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 in
each of that importer’s/customer’s
entries under the relevant order during
the review period.
pwalker on PROD1PC71 with NOTICES
Constructed Export-Price Sales
For CEP sales (sampled and nonsampled), 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).
VerDate Nov<24>2008
17:28 Apr 24, 2009
Jkt 217001
Cash-Deposit Requirements
In order to derive a single weightedaverage margin for each respondent, we
weight-averaged the EP and CEP
weighted-average deposit rates (using
the EP and CEP, respectively, as the
weighting factors). To accomplish this
when we sampled CEP sales, 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.
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
reviews for all shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication, as provided
by section 751(a)(1) of the Act: (1) The
cash-deposit rates for the reviewed
companies will be the rates established
in the final results of the reviews; (2) for
previously reviewed or investigated
companies not listed above, the cashdeposit 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 these reviews, a
prior review, or the less-than-fair-value
investigations 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 reviews published on
July 26, 1993. See 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 Administrative
Reviews and Partial Termination of
Administrative Reviews, 61 FR 66472,
66521 (December 17, 1996). These rates
are the all-others rates from the relevant
less-than-fair-value investigations.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
These preliminary results of
administrative reviews and intent to
revoke in part are issued and published
in accordance with sections 751(a)(1)
and 777(i)(1) of the Act.
Dated: April 21, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–9588 Filed 4–24–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–552–805]
Polyethylene Retail Carrier Bags From
the Socialist Republic of Vietnam:
Initiation of Countervailing Duty
Investigation and Request for Public
Comment on the Application of the
Countervailing Duty Law to Imports
From the Socialist Republic of Vietnam
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 27, 2009.
FOR FURTHER INFORMATION CONTACT: Jun
Jack Zhao or Gene Calvert, AD/CVD
Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, N.W., Washington, DC 20230;
telephone: (202) 482–1396 and (202)
482–3586, respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On March 31, 2009, the Department of
Commerce (the Department) received a
petition concerning imports of
polyethylene retail carrier bags (PRCBs)
from the Socialist Republic of Vietnam
(Vietnam) filed in proper form by Hilex
Poly Co., LLC and Superbag Corporation
(collectively, the petitioners), domestic
producers of PRCBs. On April 6, 2009,
the Department issued requests for
additional information and clarification
of certain areas of the Petition involving
E:\FR\FM\27APN1.SGM
27APN1
Agencies
[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Notices]
[Pages 19056-19064]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9588]
-----------------------------------------------------------------------
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: Preliminary Results of Antidumping Duty
Administrative Reviews and Intent To Revoke Order In Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (the Department) is conducting 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 15 manufacturers/exporters. The period of review is May
1, 2007, through April 30, 2008. We have preliminarily determined that
sales have been made below normal value by certain companies subject to
these reviews. If these preliminary results are adopted in our final
results of administrative reviews, we will instruct U.S. Customs and
Border Protection (CBP) to assess antidumping duties on all appropriate
entries.
We invite interested parties to comment on these preliminary
results. Parties who submit comments in these reviews are requested to
submit with each argument (1) a statement of the issue and (2) a brief
summary of the argument.
DATES: Effective Date: April 27, 2009.
FOR FURTHER INFORMATION CONTACT: Kristin Case 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-
3174 or (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 19057]]
Background
On May 15, 1989, the Department published the antidumping duty
orders on ball bearings from France (54 FR 20902), Germany (54 FR
20900), Italy (54 FR 20903), Japan (54 FR 20904), and the United
Kingdom (54 FR 20910) in the Federal Register. On July 1, 2008, in
accordance with 19 CFR 351.213(b), we published a notice of initiation
of administrative reviews of 38 companies subject to these orders. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Requests for Revocation in Part, 73 FR 37409 (July 1,
2008).
On January 8, 2009, we extended the due date for the completion of
these preliminary results of reviews from January 31, 2009, to April
21, 2009. See Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Extension of Time Limit for
Preliminary Results of Antidumping Duty Administrative Reviews, 74 FR
796 (January 8, 2009). On March 26, 2009, we rescinded the
administrative reviews with respect to 23 companies. See Ball Bearings
and Parts Thereof from France, Germany, Italy, Japan, and the United
Kingdom: Partial Rescission of Antidumping Duty Administrative Reviews,
74 FR 13190 (March 26, 2009).
The period of review is May 1, 2007, through April 30, 2008. The
Department is conducting 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 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 Schedule of the United States (HTSUS) subheadings:
3926.90.45, 4016.93.10, 4016.93.50, 6909.19.50.10, 8431.20.00,
8431.39.00.10, 8482.10.10, 8482.10.50, 8482.80.00, 8482.91.00,
8482.99.05, 8482.99.35, 8482.99.25.80, 8482.99.65.95, 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,
8708.93.60.00, 8708.99.06, 8708.99.31.00, 8708.99.40.00, 8708.99.49.60,
8708.99.58, 8708.99.80.15, 8708.99.80.80, 8803.10.00, 8803.20.00,
8803.30.00, 8803.90.30, and 8803.90.90.
As a result of changes to the HTSUS, effective February 2, 2007,
the subject merchandise is also classifiable under the following
additional HTSUS item numbers: 8708.30.50.90, 8708.40.75,
8708.50.79.00, 8708.50.89.00, 8708.50.91.50, 8708.50.99.00,
8708.70.60.60, 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 HTSUS 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
for the 2007-2008 reviews, dated April 21, 2009, which is on file in
the Central Records Unit (CRU) of the main Commerce building, room
1117, in the General Issues record (A-100-001).
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 individual
examination in these reviews. Where it is not practicable to examine
all known exporters/producers of subject merchandise because of the
large number of such companies, section 777A(c)(2) of the Act allows
the Department to limit its examination to either a sample of
exporters, producers, or types of products that is statistically valid,
based on the information available at the time of selection, or
exporters and producers accounting for the largest volume of subject
merchandise from the exporting country that can be reasonably examined.
Accordingly, in June 2008 we requested information concerning the
quantity and value of sales to the United States from the 38 exporters/
producers for which we had initiated reviews. We received responses
from most of the exporters/producers by July 2008. Some of the
companies withdrew their requests for review prior to our selection of
respondents for individual examination. Based on our analysis of the
responses and our available resources, we chose to examine the sales of
certain companies. See Memoranda to Laurie Parkhill, dated August 12,
2008, for the detailed analysis of the selection process for each
country-specific review.
Subsequently, all selected firms withdrew their requests for review
with respect to merchandise from Japan and the United Kingdom. To
replace the firms that withdrew their requests for review, we made
additional selections. See order-specific Memoranda to Laurie Parkhill,
dated October 21, 2008.
Non-Selected Respondents
For responding companies under review of the orders on merchandise
from France and Italy that were not individually examined, we have
assigned the weighted-average margin of the sole selected respondent in
the respective review. Therefore, we have applied, for these
preliminary results, the rate of 10.13 percent (France) and 10.94
percent (Italy) to the firms not individually examined in these
reviews.
With respect to the responding companies which remain under review
and which we did not select for individual examination in the review of
the order on subject merchandise from Germany, we have assigned the
margin we calculated for Schaeffler KG of 3.32 percent to these firms.
There were two other selected respondents, myonic GmbH (myonic) and
Gebrueder Reinfurt GmbH & Co., KG (GRW); we are assigning an adverse
facts-available rate to myonic and we have calculated a de minimis rate
for GRW. Generally we have looked to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in an
[[Page 19058]]
investigation, for guidance when calculating the rate for respondents
we did not examine in an administrative review. Section 735(c)(5)(A) of
the Act instructs that we are not to calculate an all-others rate using
any zero or de minimis margins or any margins based on total facts
available. Therefore, we have not included either of the margins we
established for myonic or GRW in the determination of the rate for
companies not selected for individual examination.
Verification
As provided in section 782(i) of the Act, we have verified
information provided by GRW and SKF France S.A./SKF Aerospace France
S.A.S. (SKF France) in the administrative reviews of the orders on
subject merchandise from Germany and France, respectively, using
standard verification procedures including the examination of relevant
sales and financial records and the selection and review of original
documentation containing relevant information.
We intend to verify information provided by SKF (UK) Limited (SKF
UK) and Japanese Aero Engines Corporation (JAEC) in the administrative
reviews of the orders on subject merchandise from the United Kingdom
and Japan, respectively, after publication of these preliminary results
of administrative reviews. Our verification results are, or will be,
outlined in the public versions of our verification reports which are,
or will be, on file in the CRU, room 1117 of the main Department
building.
Use of Facts Otherwise Available
For the reasons discussed below, we determine that the use of
adverse facts available (AFA) is appropriate for the preliminary
results of reviews with respect to two companies.
A. Use of Facts Available
Section 776(a)(2) of the Act provides that, if an interested party
withholds information requested by the administering authority, fails
to provide such information by the deadlines for submission of the
information and in the form or manner requested, subject to subsections
(c)(1) and (e) of section 782 of the Act, significantly impedes a
proceeding under this title, or provides such information but the
information cannot be verified as provided in section 782(i) of the
Act, the administering authority shall use, subject to section 782(d)
of the Act, facts otherwise available in reaching the applicable
determination. Section 782(d) of the Act provides that, if the
administering authority determines that a response to a request for
information does not comply with the request, the administering
authority shall promptly inform the responding party and, to the extent
practicable, provide an opportunity to remedy the deficient submission.
If the party fails to remedy the deficiency within the applicable time
limits, the Department may disregard, subject to section 782(e) of the
Act, all or part of the original and subsequent responses, as
appropriate. Section 782(e) of the Act provides that the Department
``shall not decline to consider information that is submitted by an
interested party and is necessary to the determination but does not
meet all the applicable requirements established by the administering
authority'' if the information is timely, can be verified, and is not
so incomplete that it cannot be used, and if the interested party acted
to the best of its ability in providing the information. Where all of
these conditions are met, the statute requires the Department to use
the information if it can do so without undue difficulties.
Two of the companies selected for individual examination, myonic
(Germany) and Edwards Ltd./Edwards High Vacuum Int'l Ltd. (Japan)
(Edwards Japan), did not respond to our questionnaire other than to
provide quantity and value of U.S. sales information. Because these
companies did not respond fully to our request, we could not determine
whether and to what extent these companies sold subject merchandise at
less than normal value using the companies' own data. Moreover, because
these companies have failed to provide the information requested and
thus have significantly impeded the respective reviews, we find that we
must base their margins on the use of facts otherwise available. See
section 776(a) of the Act.
B. Application of Adverse Inferences for Facts Available
In applying the facts otherwise available, section 776(b) of the
Act provides that, if the administering authority finds that an
interested party has failed to cooperate by not acting to the best of
its ability to comply with a request for information from the
administering authority, in reaching the applicable determination under
this title, the administering authority may use an adverse inference in
selecting from among the facts otherwise available. See, e.g., Notice
of Final Results of Antidumping Duty Administrative Review, and Final
Determination to Revoke the Order In Part: Individually Quick Frozen
Red Raspberries from Chile, 72 FR 70295, 70297 (December 11, 2007)
(Final--Raspberries from Chile), and Notice of Preliminary
Determination of Sales at Less Than Fair Value, and Postponement of
Final Determination: Certain Circular Welded Carbon-Quality Line Pipe
From Mexico, 69 FR 59892, 59896 (October 6, 2004).
Adverse inferences are appropriate ``to ensure that the party does
not obtain a more favorable result by failing to cooperate than if it
had cooperated fully.'' See Notice of Preliminary Results of
Antidumping Duty Administrative Review, Notice of Partial Rescission of
Antidumping Duty Administrative Review, Notice of Intent to Revoke in
Part: Certain Individually Quick Frozen Red Raspberries from Chile, 72
FR 44112, 44114 (August 7, 2007) (unchanged in Final--Raspberries from
Chile, 72 FR at 70297). Further, ``affirmative evidence of bad faith on
the part of a respondent is not required before the Department may make
an adverse inference.'' See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27340 (May 19, 1997). See also Nippon Steel Corp. v.
United States, 337 F.3d 1373, 1380-84 (CAFC 2003).
Because the non-responding companies--myonic and Edwards Japan--did
not provide requested data concerning their sales of subject
merchandise to the United States and foreign like product sold in the
comparison markets during the period of review, we determine that they
have failed to cooperate by not acting to the best of their ability.
See Antifriction Bearings and Parts Thereof From France, et al.: Final
Results of Antidumping Duty Administrative Reviews, Rescission of
Administrative Reviews in Part, and Determination To Revoke Order in
Part, 69 FR 55574 (September 15, 2004) (AFBs 14). Therefore, we
conclude that the use of an adverse inference is warranted in applying
facts otherwise available to these companies.
C. Selection and Corroboration of Information Used as Facts Available
As facts available with an adverse inference, we have selected the
rates of 70.41 percent for myonic and 73.55 percent for Edwards Japan.
These rates represent the highest rates calculated in the history of
the respective proceedings and are from the respective less-than-fair-
value investigations for each country. See Final Determinations of
Sales at Less than Fair Value: Antifriction Bearings (Other Than
Tapered Roller Bearings) and Parts Thereof From the Federal Republic of
Germany, 54 FR 18992, 18997 (May 3,
[[Page 19059]]
1989), and Final Determinations of Sales at Less than Fair Value:
Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts
Thereof From Japan, 54 FR 19101, 19108 (May 3, 1989).
Section 776(c) of the Act provides that the Department shall
corroborate, to the extent practicable, secondary information used for
facts available by reviewing independent sources reasonably at its
disposal. Information from a prior segment of the proceeding
constitutes secondary information. See Certain Frozen Warmwater Shrimp
from Brazil: Final Results and Partial Rescission of Antidumping Duty
Administrative Review, 73 FR 39940 (July 11, 2008). The word
``corroborate'' means that the Department will satisfy itself that the
secondary information to be used has probative value.
To corroborate secondary information, the Department will examine,
to the extent practicable, the reliability and relevance of the
information used. Unlike other types of information such as input costs
or selling expenses, however, there are no independent sources for
calculated dumping margins. The only source for margins is
administrative determinations. Thus, with respect to an administrative
review, if the Department chooses as facts available a calculated
dumping margin from a prior segment of the proceeding, it is not
necessary to question the reliability of the margin for that time
period. See AFBs 14, 69 FR at 55577. With respect to the relevance
aspect of corroboration, the Department will consider information
reasonably at its disposal as to whether there are circumstances that
would render a margin not relevant. Where circumstances indicate that
the selected margin is not appropriate as AFA, the Department will
disregard the margin and determine an appropriate margin. See Fresh Cut
Flowers From Mexico; Final Results of Antidumping Duty Administrative
Review, 61 FR 6812, 6814 (February 22, 1996) (the Department
disregarded the highest dumping margin as best information available
because the margin was based on another company's uncharacteristic
business expense resulting in an unusually high margin).
We find that the rates we are using for these preliminary results,
70.41 percent for myonic and 73.55 percent for Edwards Japan, have
probative value and, therefore, are appropriate rates for use as AFA.
Both rates fell within the range of margins we calculated for companies
in the respective country-specific administrative reviews, and there is
no information on the record of the reviews that demonstrates that the
selected rates are not appropriate AFA rates for the non-responsive
firms.
For more detail concerning the selection of the AFA rates, see the
country-specific Memoranda to Laurie Parkhill, dated April 21, 2009,
regarding corroboration of the respective AFA rates.
Intent To Revoke
On May 30, 2008, GRW requested the revocation from the order on
ball bearings and parts thereof from Germany as it pertains to its
sales.
Under section 751(d)(1) of the Act, the Department ``may revoke, in
whole or in part'' an antidumping duty order upon completion of a
review. Although Congress has not specified the procedures that the
Department must follow in revoking an order, the Department has
developed a procedure for revocation that is set forth under 19 CFR
351.222. Under 19 CFR 351.222(b)(2), the Department may revoke an
antidumping duty order in part if it concludes that (A) an exporter or
producer has sold the merchandise at not less than normal value for a
period of at least three consecutive years, (B) the exporter or
producer has agreed in writing to its immediate reinstatement in the
order if the Secretary concludes that the exporter or producer,
subsequent to the revocation, sold the subject merchandise at less than
normal value, and (C) the continued application of the antidumping duty
order is no longer necessary to offset dumping. Section 351.222(b)(3)
of the Department's regulations states that, in the case of an exporter
that is not the producer of subject merchandise, the Department
normally will revoke an order in part under 19 CFR 351.222(b)(2) only
with respect to subject merchandise produced or supplied by those
companies that supplied the exporter during the time period that formed
the basis for revocation.
A request for revocation of an order in part for a company
previously found dumping must address three elements. The company
requesting the revocation must do so in writing and submit the
following statements with the request: (1) The company's certification
that it sold the subject merchandise at not less than normal value
during the current review period and that, in the future, it will not
sell at less than normal value; (2) the company's certification that,
during each of the consecutive years forming the basis of the request,
it sold the subject merchandise to the United States in commercial
quantities; (3) the agreement to reinstatement in the order if the
Department concludes that, subsequent to revocation, the company has
sold the subject merchandise at less than normal value. See 19 CFR
351.222(e)(1).
We preliminarily determine that GRW's May 30, 2008, request meets
all of the criteria under 19 CFR 351.222(e)(1). With regard to the
criteria of 19 CFR 351.222(b)(2), our preliminary margin calculations
show that GRW sold ball bearings at not less than normal value during
the current review period. See Preliminary Results of Reviews section
below. In addition, it sold ball bearings at not less than normal value
in the two previous administrative reviews in which it was reviewed.
See Ball Bearings and Parts Thereof from France, et al.: Final Results
of Antidumping Duty Administrative Reviews and Rescission of Review in
Part, 72 FR 58053 (October 12, 2007), for the period May 1, 2005,
through April 30, 2006, and Ball Bearings and Parts Thereof From
France, et al.: Final Results of Antidumping Duty Administrative
Reviews and Rescission of Reviews in Part, 73 FR 52823 (September 11,
2008), for the period May 1, 2006, through April 30, 2007. Based on our
examination of the sales data submitted by GRW, we preliminarily
determine that GRW sold the subject merchandise in the United States in
commercial quantities in each of the consecutive years cited by GRW to
support its request for revocation. See preliminary results analysis
memorandum, dated April 21, 2009, on file in the CRU, room 1117. Thus,
we preliminarily find that GRW had zero or de minimis dumping margins
for the last three consecutive years and sold in commercial quantities
all three years. Also, we preliminarily determine that application of
the antidumping duty order to GRW is no longer warranted for the
following reasons: (1) The company had zero or de minimis margins for a
period of at least three consecutive years; (2) the company has agreed
to immediate reinstatement of the order if we find that it has resumed
making sales at less than fair value; (3) the continued application of
the order is not otherwise necessary to offset dumping.
Therefore, we preliminarily determine that GRW qualifies for
revocation from the order on ball bearings and parts thereof from
Germany pursuant to 19 CFR 351.222(b)(2) and, thus, we preliminarily
determine to revoke the order with respect to ball bearings and parts
thereof from Germany exported and/or sold by GRW to the United States.
[[Page 19060]]
Export Price and Constructed Export Price
For the price to the United States, we used export price (EP) or
constructed export price (CEP) as defined in sections 772(a) and (b) of
the Act, as appropriate. Due to the extremely large volume of U.S.
transactions that occurred during the period of review and the
resulting administrative burden involved in calculating individual
margins for all of these transactions, we sampled CEP sales in
accordance with section 777A of the Act. When a selected firm made more
than 10,000 CEP sales transactions to the United States of merchandise
subject to a particular order, we reviewed CEP sales that occurred
during sample weeks. We selected one week from each two-month period in
the review period, for a total of six weeks, and analyzed each
transaction made in those six weeks. The sample weeks are as follows:
June 3, 2007-June 9, 2007; July 29, 2007-August 4, 2007; September 23,
2007-September 29, 2007; December 2, 2007-December 8, 2007; February
10, 2008-February 16, 2008; April 13, 2008-April 19, 2008. We reviewed
all EP sales transactions the selected respondents made during the
period of review.
We calculated EP and CEP based on the packed F.O.B., C.I.F., or
delivered price to unaffiliated purchasers in, or for exportation to,
the United States. We made deductions, as appropriate, for discounts
and rebates. We also made deductions for any movement expenses in
accordance with section 772(c)(2)(A) of the Act.
Certain companies received freight revenues or packing revenues
from the customer for certain U.S. sales. In Certain Orange Juice from
Brazil: Final Results and Partial Rescission of Antidumping Duty
Administrative Review, 73 FR 46584 (August 11, 2008) (OJ Brazil), and
accompanying Issues and Decision Memorandum at Comment 7, and
Polyethylene Retail Carrier Bags from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review, 74 FR 6857
(February 11, 2009) (PRC Bags), and accompanying Issues and Decision
Memorandum at Comment 6, the Department determined to treat such
revenues as an offset to the specific expenses for which they were
intended to compensate. Accordingly, we have used these respondents'
revenues as an offset to their respective expenses.
Consistent with section 772(d)(1) of the Act, we calculated CEP by
deducting selling expenses associated with economic activities
occurring in the United States which includes commissions, direct
selling expenses, and U.S. repacking expenses. In accordance with
section 772(d)(1) of the Act, we also deducted those indirect selling
expenses associated with economic activities occurring in the United
States and the profit allocated to expenses deducted under section
772(d)(1) of the Act in accordance with sections 772(d)(3) and 772(f)
of the Act. In accordance with section 772(f) of the Act, we computed
profit based on the total revenues realized on sales in both the U.S.
and home markets, less all expenses associated with those sales. We
then allocated profit to expenses incurred with respect to U.S.
economic activity based on the ratio of total U.S. expenses to total
expenses for both the U.S. and home markets. Finally, we made an
adjustment for profit allocated to these expenses in accordance with
section 772(d)(3) of the Act.
Because SKF and JAEC did not incur short-term U.S. dollar
borrowings during the period of review, they based their U.S. short-
term interest rates on the Federal Funds Interest Rate for the
calculation of their U.S. credit expenses and inventory-carrying costs
incurred in the United States. We did not use the U.S. short-term
interest rate for these firms. The Federal Funds Interest Rate is the
interest rate at which private depository institutions lend balances at
the Federal Reserve to other depository institutions. Instead we used
the Federal Reserve's weighted-average data for short-term commercial
and industrial loans. Consistent with the Department's Policy Bulletin
98.2, Imputed Credit Expenses and Interest Rates, February 23, 1998, if
a respondent had no short-term debt in U.S. dollars during the period
of review, it is the Department's practice to ``use the Federal
Reserve's weighted-average data for commercial and industrial loans
maturing between one month and one year from the time the loan is
made'' in order to calculate the U.S. short-term interest percentage
rate. See, e.g., Notice of Final Results of Antidumping Duty
Administrative Review: Steel Concrete Reinforcing Bars from Latvia, 71
FR 7016 (February 10, 2006), and accompanying Issues and Decision
Memorandum at Comment 4. The Federal Reserve maintains these specific
data under the title ``Federal Reserve Statistical Release'' and the
subheading ``Survey of Terms of Business Lending,'' which is posted on
the Web site at https://www.federalreserve.gov/releases/e2/. The short-
term interest rates for May 7-11, 2007, August 6-10, 2007, November 5-
9, 2007, and February 4-8, 2008, were 7.46, 7.22, 6.84, and 5.05
percent, respectively. We added these short-term interest rates and
divided the sum by four to calculate the U.S. short-term interest rate
of 6.64 percent for the period of review. We used this rate to
recalculate SKF's and JAEC's U.S. credit expenses and inventory-
carrying costs incurred in the United States.
With respect to subject merchandise to which value was added in the
United States prior to sale to unaffiliated U.S. customers, e.g., parts
of bearings that were imported by U.S. affiliates of foreign exporters
and then further processed into other products which were then sold to
unaffiliated parties, we determined that the special rule for
merchandise with value added after importation under section 772(e) of
the Act applied to all firms that added value in the United States.
Section 772(e) of the Act provides that, when the subject
merchandise is imported by an affiliated person and the value added in
the United States by the affiliated person is likely to exceed
substantially the value of the subject merchandise, we shall determine
the CEP for such merchandise using the price of identical or other
subject merchandise sold by the exporter or producer to an unaffiliated
customer if there is a sufficient quantity of sales to provide a
reasonable basis for comparison and we determine that the use of such
sales is appropriate. If there is not a sufficient quantity of such
sales or if we determine that using the price of identical or other
subject merchandise is not appropriate, we may use any other reasonable
basis to determine CEP.
To determine whether the value added is likely to exceed
substantially the value of the subject merchandise, we estimated the
value added based on the difference between the averages of the prices
charged to the first unaffiliated purchaser for the merchandise as sold
in the United States and the averages of the prices paid for the
subject merchandise by the affiliated purchaser. Based on this
analysis, we determined that the estimated value added in the United
States by the further-manufacturing firms accounted for at least 65
percent of the price charged to the first unaffiliated customer for the
merchandise as sold in the United States. See 19 CFR 351.402(c) for an
explanation of our practice on this issue. Therefore, we preliminarily
determine that the value added is likely to exceed substantially the
value of the subject merchandise for SKF France, SKF Industrie S.p.A./
Somecat S.p.A. (SKF Italy), Schaeffler KG, JAEC, and Sapporo Precision
Inc. (Sapporo). Also, for these firms, we determine that there
[[Page 19061]]
was a sufficient quantity of sales remaining to provide a reasonable
basis for comparison and that the use of these sales is appropriate.
For the analysis of the decision not to require further-manufactured
data, see the Department's company-specific analysis memoranda dated
April 21, 2009. Accordingly, for purposes of determining dumping
margins for the sales subject to the special rule, we have used the
weighted-average dumping margins calculated on sales of identical or
other subject merchandise sold to unaffiliated persons.
On July 4, 2006, the SKF Group acquired Somecat S.p.A. (Somecat) in
Italy and SNFA Bearings Ltd. in the United Kingdom (SNFA UK). We had
revoked the antidumping duty orders covering ball bearings from Italy
and the United Kingdom in part with respect to Somecat and SNFA UK. See
Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts
Thereof From France, et al.: Final Results of Antidumping Duty
Administrative Reviews and Revocation of Orders in Part, 65 FR 49219
(August 11, 2000), and Antifriction Bearings (Other Than Tapered Roller
Bearings) and Parts Thereof From France, et al.: Final Results of
Antidumping Duty Administrative Reviews and Revocation of Orders in
Part, 66 FR 36551 (July 12, 2001). Our revocations covered ball
bearings from Italy produced by Somecat and exported by either Somecat
or SNFA UK and ball bearings from the United Kingdom produced and
exported by SNFA UK. On January 1, 2008, SKF UK purchased the assets of
SNFA UK and SKF UK started to export bearings produced by both Somecat
and SNFA UK to the United States.
In these administrative reviews for the period May 1, 2007, through
April 30, 2008, SKF Italy reported Somecat-produced bearings which SKF
UK sold in the United States on or after January 1, 2008; SKF UK
reported SNFA UK-produced bearings which SKF UK sold in the United
States on or after January 1, 2008. SKF Italy and SKF UK have argued
that we should not include in their respective margin calculations
sales of Somecat-produced ball bearings or SNFA UK-produced ball
bearings which SKF UK sold to U.S. customers during the period of
review but which entered the United States before January 1, 2008, on
the grounds that entries of such merchandise were not subject to the
antidumping duty orders. Because SKF Italy and SKF UK provided data
supporting their position, we have excluded Somecat-produced bearings
and SNFA UK-produced bearings where the record demonstrates that this
merchandise was exported to the United States by either Somecat or SNFA
UK prior to January 1, 2008, and thus covered by our revocations for
these firms.
There were no other claimed or allowed adjustments to EP or CEP
sales by other respondents.
Home-Market Sales
Based on a comparison of the aggregate quantity of home-market and
U.S. sales and absent any information that a particular market
situation in the exporting country did not permit a proper comparison,
we determined that the quantity of foreign like product sold by all
respondents in the exporting country was sufficient to permit a proper
comparison with the sales of the subject merchandise to the United
States, pursuant to section 773(a)(1) of the Act. Each company's
quantity of sales in its home market was greater than five percent of
its sales to the U.S. market. Therefore, in accordance with section
773(a)(1)(B)(i) of the Act, we based normal value on the prices at
which the foreign like product was first sold for consumption in the
exporting country in the usual commercial quantities and in the
ordinary course of trade and, to the extent practicable, at the same
level of trade as the EP or CEP sales.
Due to the extremely large number of home-market transactions that
occurred during the period of review and the resulting administrative
burden involved in examining all of these transactions, we sampled
sales to calculate normal value in accordance with section 777A of the
Act. When a selected firm had more than 10,000 home-market sales
transactions on a country-specific basis, we used sales in sample
months that corresponded to the sample weeks which we selected for U.S.
CEP sales, sales in a month prior to the period of review, and sales in
the month following the period of review. The sample months were
February 2007, June 2007, August 2007, September 2007, December 2007,
February 2008, April 2008, and June 2008.
The Department may calculate normal value based on a sale to an
affiliated party only if it is satisfied that the price to the
affiliated party is comparable to the price at which sales are made to
parties not affiliated with the exporter or producer, i.e., sales were
made at arm's-length prices. See 19 CFR 351.403(c). We excluded from
our analysis sales to affiliated customers for consumption in the home
market that we determined not to be arm's-length prices. To test
whether these sales were made at arm's-length prices, we compared the
prices of sales of comparable merchandise to affiliated and
unaffiliated customers, net of all rebates, movement charges, direct
selling expenses, and packing. Pursuant to 19 CFR 351.403(c) and in
accordance with our practice, when the prices charged to an affiliated
party were, on average, between 98 and 102 percent of the prices
charged to unaffiliated parties for merchandise comparable to that sold
to the affiliated party, we determined that the sales to the affiliated
party were at arm's-length prices. See Antidumping Proceedings:
Affiliated Party Sales in the Ordinary Course of Trade, 67 FR 69186
(November 15, 2002). We included in our calculation of normal value
those sales to affiliated parties that were made at arm's-length
prices.
Cost of Production
In accordance with section 773(b) of the Act, we disregarded below-
cost sales in the last completed segment for SKF France, SKF Italy, SKF
UK, GRW, Schaeffler KG, and The Barden Corporation (UK), Ltd./
Schaeffler (U.K.) Ltd. (Barden/Schaeffler UK). Therefore, for the
instant reviews, we have reasonable grounds to believe or suspect that
sales of the foreign like product under consideration for the
determination of normal value in these reviews may have been made at
prices below the cost of production (COP), as provided by section
773(b)(2)(A)(ii) of the Act. Pursuant to section 773(b)(1) of the Act,
we conducted COP investigations of sales by these firms in the
respective home markets.
In accordance with section 773(b)(3) of the Act, we calculated the
COP based on the sum of the costs of materials and fabrication employed
in producing the foreign like product, the selling, general, and
administrative (SG&A) expenses, and all costs and expenses incidental
to packing the merchandise. In our COP analysis, we used the home-
market sales and COP information provided by each respondent in its
questionnaire responses.
After calculating the COP and in accordance with section 773(b)(1)
of the Act, we tested whether home-market sales of the foreign like
product were made at prices below the COP within an extended period of
time in substantial quantities and whether such prices permitted the
recovery of all costs within a reasonable period of time. We compared
model-specific COPs to the reported home-market prices less any
applicable movement charges, discounts, and rebates.
Pursuant to section 773(b)(2)(C) of the Act, when less than 20
percent of a
[[Page 19062]]
respondent's sales of a given product were at prices less than the COP,
we did not disregard any below-cost sales of that product because the
below-cost sales were not made in substantial quantities within an
extended period of time. When 20 percent or more of a respondent's
sales of a given product during the period of review were at prices
less than the COP, we disregarded the below-cost sales because they
were made in substantial quantities within an extended period of time
pursuant to sections 773(b)(2)(B) and (C) of the Act and because, based
on comparisons of prices to weighted-average COPs for the period of
review, we determined that these sales were at prices which would not
permit recovery of all costs within a reasonable period of time in
accordance with section 773(b)(2)(D) of the Act. See the analysis
memoranda for SKF France, SKF Italy, SKF UK, GRW, Schaeffler KG, and
Barden/Schaeffler UK dated April 21, 2009. Based on this test, we
disregarded below-cost sales with respect to SKF France, SKF Italy, SKF
UK, GRW, Schaeffler KG, and Barden/Schaeffler UK.
Model-Match Methodology
For all respondents, where possible, we compared U.S. sales with
sales of the foreign like product in the home market. Specifically, in
making our comparisons, if an identical home-market model was reported,
we made comparisons to weighted-average home-market prices that were
based on all sales which passed the COP test of the identical product
during the relevant month. We calculated the weighted-average home-
market prices on a level of trade-specific basis. If there were no
contemporaneous sales of an identical model, we identified the most
similar home-market model.
To determine the most similar model, we limited our examination to
models sold in the home market that had the same bearing design, load
direction, number of rows, and precision grade. Next, we calculated the
sum of the deviations (expressed as a percentage of the value of the
U.S. model's characteristics) of the inner diameter, outer diameter,
width, and load rating for each potential home-market match and
selected the bearing with the smallest sum of the deviations. If two or
more bearings had the same sum of the deviations, we selected the model
that was sold at the same level of trade as the U.S. sale and was the
closest contemporaneous sale to the U.S. sale. If two or more models
were sold at the same level of trade and were sold equally
contemporaneously, we selected the model with the smallest difference-
in-merchandise adjustment.
Finally, if no bearing sold in the home market had a sum of the
deviations that was less than 40 percent, we concluded that no
appropriate comparison existed in the home market and we used the
constructed value of the U.S. model as normal value. For a full
discussion of the model-match methodology for these reviews, see Ball
Bearings and Parts Thereof from France, et al.: Final Results of
Antidumping Duty Administrative Reviews, 70 FR 54711 (September 16,
2005), and accompanying Issues and Decision Memorandum at Comments 2,
3, and 5 and Antifriction Bearings and Parts Thereof from France, et
al.: Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Reviews, 70 FR 25538, 25542 (May 13, 2005).
Normal Value
Home-market prices were based on the packed, ex-factory, or
delivered prices to affiliated or unaffiliated purchasers. When
applicable, we made adjustments for differences in packing and for
movement expenses in accordance with sections 773(a)(6)(A) and (B) of
the Act. Where companies received freight or packing revenues from the
home-market customer, we offset these expenses in accordance with OJ
Brazil and PRC Bags as discussed above. We also made adjustments for
differences in cost attributable to differences in physical
characteristics of the merchandise pursuant to section 773(a)(6)(C)(ii)
of the Act and 19 CFR 351.411 and for differences in circumstances of
sale in accordance with section 773(a)(6)(C)(iii) of the Act and 19 CFR
351.410. For comparisons to EP, we made circumstance-of-sale
adjustments by deducting home-market direct selling expenses from, and
adding U.S. direct selling expenses to, normal value. For comparisons
to CEP, we made circumstance-of-sale adjustments by deducting home-
market direct selling expenses from normal value. We also made
adjustments, when applicable, for home-market indirect selling expenses
to offset U.S. commissions in EP and CEP calculations.
In accordance with section 773(a)(1)(B)(i) of the Act, we based
normal value, to the extent practicable, on sales at the same level of
trade as the EP or CEP. If normal value was calculated at a different
level of trade, we made an adjustment, if appropriate and if possible,
in accordance with section 773(a)(7)(A) of the Act. See Level of Trade
section below.
Constructed Value
In accordance with section 773(a)(4) of the Act, we used
constructed value as the basis for normal value when there were no
usable sales of the foreign like product in the comparison market. We
calculated constructed value in accordance with section 773(e) of the
Act. We included the cost of materials and fabrication, SG&A expenses,
U.S. packing expenses, and profit in the calculation of constructed
value. In accordance with section 773(e)(2)(A) of the Act, we based
SG&A expenses and profit on the amounts incurred and realized by each
respondent in connection with the production and sale of the foreign
like product in the ordinary course of trade for consumption in the
home market.
When appropriate, we made adjustments to constructed value in
accordance with section 773(a)(8) of the Act, 19 CFR 351.410, and 19
CFR 351.412 for circumstance-of-sale differences and level-of-trade
differences. For comparisons to EP, we made circumstance-of-sale
adjustments by deducting home-market direct selling expenses from and
adding U.S. direct selling expenses to constructed value. For
comparisons to CEP, we made circumstance-of-sale adjustments by
deducting home-market direct selling expenses from constructed value.
We also made adjustments, when applicable, for home-market indirect
selling expenses to offset U.S. commissions in EP and CEP comparisons.
When possible, we calculated constructed value at the same level of
trade as the EP or CEP. If constructed value was calculated at a
different level of trade, we made an adjustment, if appropriate and if
possible, in accordance with sections 773(a)(7) and (8) of the Act.
Level of Trade
To the extent practicable, we determined normal value for sales at
the same level of trade as the U.S. sales (either EP or CEP). When
there were no sales at the same level of trade, we compared U.S. sales
to home-market sales at a different level of trade. The normal-value
level of trade is that of the starting-price sales in the home market.
When normal value is based on constructed value, the level of trade is
that of the sales from which we derived SG&A and profit.
To determine whether home-market sales are at a different level of
trade than U.S. sales, we examined stages in the marketing process and
selling functions along the chain of distribution between
[[Page 19063]]
the producer and the unaffiliated customer. If the comparison-market
sales were at a different level of trade from that of a U.S. sale and
the difference affected price comparability, as manifested in a pattern
of consistent price differences between the sales on which normal value
is based and comparison-market sales at the level of trade of the
export transaction, we made a level-of-trade adjustment under section
773(a)(7)(A) of the Act. See, e.g., Notice of Final Determination of
Sales at Less Than Fair Value: Certain Cut-to-Length Carbon Steel Plate
From South Africa, 62 FR 61731, 61732 (November 19, 1997).
Where the respondent reported no home-market levels of trade that
were equivalent to the CEP level of trade and where the CEP level of
trade was at a less advanced stage than any of the home-market levels
of trade, we were unable to calculate a level-of-trade adjustment based
on the respondent's home-market sales of the foreign like product.
Furthermore, we have no other information that provides an appropriate
basis for determining a level-of-trade adjustment. For respondents' CEP
sales, to the extent possible, we determined normal value at the same
level of trade as the U.S. sale to the first unaffiliated customer and
made a CEP-offset adjustment in accordance with section 773(a)(7)(B) of
the Act. The CEP-offset adjustment to normal value was subject to the
so-called ``offset cap,'' calculated as the sum of home-market indirect
selling expenses up to the amount of U.S. indirect selling expenses
deducted from CEP (or, if there were no home-market commissions, the
sum of U.S. indirect selling expenses and U.S. commissions).
For a company-specific description of our level-of-trade analyses
for these preliminary results, see Memorandum to Laurie Parkhill, dated
April 21, 2009, entitled ``Ball Bearings and Parts There of from
Various Countries: 2007/2008 Level-of-Trade Analysis,'' on file in the
CRU, room 1117.
Preliminary Results of Reviews
As a result of our reviews, we preliminarily determine that the
following percentage weighted-average dumping margins on ball bearings
and parts thereof from various countries exist for the period May 1,
2007, through April 30, 2008:
------------------------------------------------------------------------
Margin
Company (percent)
------------------------------------------------------------------------
France
------------------------------------------------------------------------
SKF France.................................................. 10.13
Edwards Ltd. and Edwards High Vacuum Int'l Ltd.............. 10.13
------------------------------------------------------------------------
Germany
------------------------------------------------------------------------
GRW......................................................... 0.10
Schaeffler KG............................................... 3.32
myonic...................................................... 70.41
RWG Frankenjura Industrie Aircraft Bearings GmbH............ 3.32
SKF GmbH.................................................... 3.32
Edwards Ltd. and Edwards High Vacuum Int'l Ltd.............. 3.32
------------------------------------------------------------------------
Italy
------------------------------------------------------------------------
SKF Italy................................................... 10.94
Schaeffler Italia S.r.L. (formerly FAG Italia S.p.A.)....... 10.94
------------------------------------------------------------------------
Japan
------------------------------------------------------------------------
Edwards Ltd. and Edwards High Vacuum Int'l Ltd.............. 73.55
JAEC........................................................ 0.00
Sapporo..................................................... 6.65
------------------------------------------------------------------------
United Kingdom
------------------------------------------------------------------------
Barden/Schaeffler UK........................................ 0.14
SKF UK...................................................... 18.27
------------------------------------------------------------------------
Comments
We will disclose the calculations used in our analysis to parties
to these reviews within five days of the date of publication of this
notice. See 19 CFR 351.224(b). Any interested party may request a
hearing within 30 days of the date of publication of this notice. See
19 CFR 351.310(c). A general-issues hearing, if requested, and any
hearings regarding issues related solely to specific countries, if
requested, will be held at the main Department building at times and
locations to be determined.
Interested parties who wish to request a hearing or to participate
if one is requested must submit a written request to the Assistant
Secretary for Import Administration within 30 days of the date of
publication of this notice. See 19 CFR 351.310(c). Requests should
contain the following: (1) The party's name, address, and telephone
number; (2) the number of participants; (3) a list of issues to be
discussed.
Issues raised in hearings will be limited to those raised in the
respective case briefs. Case briefs from interested parties and
rebuttal briefs, limited to the issues raised in the respective case
briefs, may be submitted not later than the following dates:
------------------------------------------------------------------------
Case Briefs due \1\ Rebuttals due
------------------------------------------------------------------------
France....................... May 27, 2009... June 3, 2009.
Germany...................... May 28, 2009... June 4, 2009.
Italy........................ May 29, 2009... June 5, 2009.
Japan........................ June 4, 2009... June 11, 2009.
United Kingdom............... June 5, 2009... June 12, 2009.
General Issues............... June 8, 2009... June 15, 2009.
------------------------------------------------------------------------
\1\ If verification reports for pending verifications involving the
administrative reviews of Japan and the United Kingdom are issued
later than seven days prior to the dates indicated, then the case
brief will be due seven days after release of the verification report
and the rebuttal brief will be due seven days after the due date for
the case brief. The case brief for General Issues will be due the
first business day after the last country-specific case brief is due
and the rebuttal brief for General Issues will be due seven days
thereafter.
Parties who submit case briefs or rebuttal briefs in these
proceedings are requested to submit with each argument (1) a statement
of the issue and (2) a brief summary of the argument. Parties are also
encouraged to provide a summary of the arguments not to exceed five
pages and a table of statutes, regulations, and cases cited.
The Department intends to issue the final results of these
administrative reviews, including the results of its analysis of issues
raised in any such written briefs or at the hearings, if held, within
120 days of the date of publication of this notice.
Assessment Rates
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries. In accordance with 19 CFR
351.212(b)(1), we have calculated, whenever possible, an exporter/
importer (or customer)-specific assessment rate or value for
merchandise subject to these reviews as
[[Page 19064]]
described below. We intend to issue liquidation instructions to CBP 15
days after publication of the final results of these reviews.
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
selected for individual examination in these preliminary 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 country-specific 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
examination, we will instruct CBP to apply the rates listed above to
all entries of subject merchandise produced and/or exported by such
firms.
For companies for which we are relying on total AFA to establish a
dumping margin, we will instruct CBP to apply the assigned AFA rate to
all entries of subject merchandise during the period of review produced
and/or exported by the companies.
Export-Price Sales
With respect to EP sales, for these preliminary results, we divided
the total dumping margins (calculated as the difference between normal
value and 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 in each of that importer's/customer's entries under
the relevant order during the review period.
Constructed Export-Price Sales
For CEP sales (sampled and non-sampled), 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).
Cash-Deposit Requirements
In order to derive a single weighted-average margin for each
respondent, we weight-averaged the EP and CEP weighted-average deposit
rates (using the EP and CEP, respectively, as the weighting factors).
To accomplish this when we sampled CEP sales, 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.
The following deposit requirements will be effective upon
publication of the notice of final results of administrative reviews
for all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(1) of the Act: (1) The cash-deposit rates
for the reviewed companies will be the rates established in the final
results of the reviews; (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 these reviews, a prior review, or
the less-than-fair-value investigations 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 reviews published on July 26, 1993. See 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 Administrative Reviews and Partial Termination of
Administrative Reviews, 61 FR 66472, 66521 (December 17, 1996). These
rates are the all-others rates from the relevant less-than-fair-value
investigations. These deposit requirements, when imposed, shall remain
in effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
These preliminary results of administrative reviews and intent to
revoke in part are issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: April 21, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-9588 Filed 4-24-09; 8:45 am]
BILLING CODE 3510-DS-P