Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews and Revocation of an Order in Part, 44819-44822 [E9-20980]
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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Notices
Shrimp from the People’s Republic of
China and the Socialist Republic of
Vietnam: Notice of Extension of Time
Limit for the Final Results of the Third
Administrative Reviews, 74 FR 26839
(June 4, 2009). On July 22, 2009, the
Department published a second notice
extending the deadline for the final
results of the administrative review. See
Certain Frozen Warmwater Shrimp from
the People’s Republic of China and the
Socialist Republic of Vietnam: Notice of
Extension of Time Limit for the Final
Results of the Third Administrative
Reviews, 74 FR 36164 (July 22, 2009).
The final results are currently due no
later than August 28, 2009.
cprice-sewell on DSK2BSOYB1PROD with NOTICES
Extension of Time Limit for the Final
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘Act’’), requires
that the Department issue the final
results of an administrative review
within 120 days after the date on which
the preliminary results are published. If
it is not practicable to complete the
review within that time period, section
751(a)(3)(A) of the Act allows the
Department to extend the deadline for
the final results to a maximum of 180
days after the date on which the
preliminary results are published. On
June 4 and July 22, 2009, the
Department extended the deadline of
the final results by a total of 52 days.
Thus, the Department may extend the
deadline of the final results by an
additional eight days.
The Department requires additional
time to properly consider the numerous
and complex issues raised by interested
parties in their case briefs and rebuttal
briefs regarding surrogate values for
factors of production, numerous
company-specific issues, and the
separate-rate status for numerous nonmandatory companies.
Thus, it is not practicable to complete
these reviews by August 28, 2009.
Therefore, the Department is again
extending the time limit for completion
of the final results of these reviews by
eight days, in accordance with section
751(a)(3)(A) of the Act. The final results
are now due no later than September 5,
2009.1
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
1 Because September 5, 2009, falls on a Saturday
and the following business day, Monday,
September 7, 2009, is a Federal holiday, the
deadline of the final results falls on Tuesday,
September 8, 2009.
VerDate Nov<24>2008
14:57 Aug 28, 2009
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Dated: August 25, 2009.
Edward C. Yang,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–20986 Filed 8–28–09; 8:45 am]
44819
Results of Antidumping Duty
Administrative Reviews and Intent to
Revoke Order in Part, 74 FR 19056
(April 27, 2009) (Preliminary Results).
For these administrative reviews, the
period of review is May 1, 2007, through
April 30, 2008.
BILLING CODE 3510–DS–P
We invited interested parties to
comment on the Preliminary Results. At
the request of an interested party, we
DEPARTMENT OF COMMERCE
held a hearing for Italy-specific issues
International Trade Administration
on June 22, 2009. The Department has
[A–427–801, A–428–801, A–475–801, A–588– conducted these administrative reviews
in accordance with section 751 of the
804, A–412–801]
Tariff Act of 1930, as amended (the Act).
Ball Bearings and Parts Thereof From
Scope of the Orders
France, Germany, Italy, Japan, and the
The products covered by the orders
United Kingdom: Final Results of
are ball bearings and parts thereof.
Antidumping Duty Administrative
Reviews and Revocation of an Order in These products include all antifriction
bearings that employ balls as the rolling
Part
element. Imports of these products are
AGENCY: Import Administration,
classified under the following
International Trade Administration,
categories: Antifriction balls, ball
Department of Commerce.
bearings with integral shafts, ball
bearings (including radial ball bearings)
SUMMARY: On April 27, 2009, the
Department of Commerce published the and parts thereof, and housed or
preliminary results of the administrative mounted ball bearing units and parts
reviews of the antidumping duty orders thereof.
Imports of these products are
on ball bearings and parts thereof from
classified under the following
France, Germany, Italy, Japan, and the
Harmonized Tariff Schedule of the
United Kingdom. The reviews cover 15
United States (HTSUS) subheadings:
manufacturers/exporters. The period of
review is May 1, 2007, through April 30, 3926.90.45, 4016.93.10, 4016.93.50,
6909.19.50.10, 8431.20.00,
2008.
8431.39.00.10, 8482.10.10, 8482.10.50,
Based on our analysis of the
8482.80.00, 8482.91.00, 8482.99.05,
comments received, we have made
changes, including corrections of certain 8482.99.35, 8482.99.25.80,
8482.99.65.95, 8483.20.40, 8483.20.80,
programming and other ministerial
8483.30.40, 8483.30.80, 8483.50.90,
errors, in the margin calculations.
8483.90.20, 8483.90.30, 8483.90.70,
Therefore, the final results are different
8708.50.50, 8708.60.50, 8708.60.80,
from the preliminary results. The final
8708.93.30, 8708.93.60.00, 8708.99.06,
weighted-average dumping margins for
8708.99.31.00, 8708.99.40.00,
the reviewed firms are listed below in
the section entitled ‘‘Final Results of the 8708.99.49.60, 8708.99.58,
8708.99.80.15, 8708.99.80.80,
Reviews.’’
8803.10.00, 8803.20.00, 8803.30.00,
DATES: Effective Date: August 31, 2009.
8803.90.30, and 8803.90.90.
FOR FURTHER INFORMATION: Yang Jin
As a result of changes to the HTSUS,
Chun or Richard Rimlinger, AD/CVD
effective February 2, 2007, the subject
Operations, Office 5, Import
merchandise is also classifiable under
Administration, International Trade
the following additional HTSUS item
Administration, U.S. Department of
numbers: 8708.30.50.90, 8708.40.75,
Commerce, 14th Street and Constitution 8708.50.79.00, 8708.50.89.00,
Avenue, NW., Washington, DC 20230;
8708.50.91.50, 8708.50.99.00,
telephone: (202) 482–5760 or (202) 482– 8708.70.60.60, 8708.80.65.90,
4477, respectively.
8708.93.75.00, 8708.94.75,
SUPPLEMENTARY INFORMATION:
8708.95.20.00, 8708.99.55.00,
8708.99.68, 8708.99.81.80.
Background
Although the HTSUS item numbers
On April 27, 2009, the Department of
above are provided for convenience and
Commerce (the Department) published
customs purposes, the written
the preliminary results of the
descriptions of the scope of these orders
administrative reviews of the
remain dispositive.
The size or precision grade of a
antidumping duty orders on ball
bearing does not influence whether the
bearings and parts thereof from France,
bearing is covered by one of the orders.
Germany, Italy, Japan, and the United
These orders cover all the subject
Kingdom. See Ball Bearings and Parts
Thereof From France, et al.: Preliminary bearings and parts thereof (inner race,
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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Notices
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
2007–08 reviews, dated April 21, 2009,
which is on file in the Central Records
Unit (CRU) of the main Department of
Commerce building, Room 1117, in the
General Issues record (A–100–001).
Analysis of the Comments Received
All issues raised in the case briefs by
parties to the current administrative
reviews of the antidumping duty orders
on ball bearings and parts thereof are
addressed in the ‘‘Issues and Decision
Memorandum’’ (Decision Memo) from
Acting Deputy Assistant Secretary John
M. Andersen to Acting Deputy Assistant
Secretary Carole A. Showers dated
August 25, 2009, which is hereby
adopted by this notice. A list of the
issues which parties have raised and to
which we have responded is in the
Decision Memo and attached to this
notice as an Appendix. The Decision
Memo, which is a public document, is
on file in the CRU of the main
Department of Commerce building,
Room 1117, and is accessible on the
Web at https://ia.ita.doc.gov/frn/
index.html. The paper copy and
electronic version of the Decision Memo
are identical in content.
Revocation of an Order in Part
In the Preliminary Results, we
¨
preliminarily determined that Gebruder
Reinfurt GmbH & Co., KG (GRW),
qualifies for revocation from the order
on ball bearings and parts thereof from
Germany pursuant to 19 CFR
351.222(b)(2)(i). Accordingly, in
accordance with 19 CFR
351.222(b)(2)(ii), we preliminarily
determined to revoke the order with
respect to ball bearings and parts thereof
from Germany exported and/or sold by
GRW to the United States.
We have received comments
concerning our intent to revoke the
order on ball bearings and parts thereof
from Germany exported and/or sold by
GRW to the United States. See the
Decision Memo at Comment 2 for
further discussion of this issue. In
accordance with 19 CFR
351.222(b)(2)(ii), we are revoking the
order on ball bearings and parts thereof
from Germany exported and/or sold by
GRW to the United States, effective May
1, 2008.
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 statutory
authority under section 777A(c)(2) of
the Act to limit the number of
respondents selected for the reviews.
Based on our analysis of the responses
and our available resources, we chose
certain companies for individual
examination of their sales of the subject
merchandise to the United States during
the period of review. For a detailed
discussion on the selection of
respondents for individual examination,
see Preliminary Results, 74 FR at 19057.
Country
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Italy .......................................................................................
United Kingdom ....................................................................
Changes Since the Preliminary Results
Based on our analysis of comments
received and based on our own analysis
of the Preliminary Results, we have
made revisions that have changed the
14:57 Aug 28, 2009
Jkt 217001
Adverse Facts Available
Two of the respondents we selected
for individual examination, Edwards
Ltd./Edwards High Vacuum Int’l Ltd.
(Edwards Japan) of Japan and myonic
GmbH (myonic) of Germany, did not
provide responses to our questionnaire
other than their responses to our
quantity-and-value questionnaire.
Because these two companies did not
respond to our questionnaire fully, they
failed to cooperate by not acting to the
best of their ability and we could not
complete the administrative reviews of
these two companies. See Preliminary
Results, 74 FR at 19058–59. We received
no comments on our preliminary
decision to apply adverse facts available
to these companies. For our final
results, we have based their margins on
facts available with an adverse inference
in accordance with section 776 of the
Act.
As facts available with an adverse
inference for these non-responsive
companies, we have selected the rates of
70.41 percent for Germany and 73.55
percent for Japan. We corroborated these
rates in accordance with section 776(c)
of the Act. Id.
Sales Below Cost in the Home Market
The Department disregarded homemarket sales that failed the cost-ofproduction test for the following firms
for these final results of reviews:
Company
France ...................................................................................
Germany ...............................................................................
VerDate Nov<24>2008
For the final results, we have not
changed the source of the rates we
applied to respondents not selected for
individual examination. See
Preliminary Results, 74 FR at 19507–08.
Because the margin for SKF Italy
changed for the final results, we applied
the final margin for SKF Italy to
Schaeffler Italia S.r.L. (formerly FAG
Italia S.p.A.), which is the sole Italian
respondent not selected for individual
examination. For discussions of the
issues involving the rates for nonselected respondents, see the Decision
Memo at Comment 13.
SKF France S.A. and SKF Aerospace France S.A.S. (SKF France)
GRW
Schaeffler KG
SKF Industrie S.p.A./Somecat S.p.A. (SKF Italy)
Barden/Schaeffler UK
SKF (U.K.) Limited (SKF UK)
results for certain firms. We have
corrected programming and ministerial
errors in the margins we included in the
Preliminary Results, where applicable.
A detailed discussion of each correction
we made is in the company-specific
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analysis memoranda which are on file
in the CRU of the main Department of
Commerce building, Room 1117.
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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Notices
instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction. For a full
discussion of this clarification, see
Assessment of Antidumping Duties.
For the responsive companies which
were not selected for individual review,
Margin
we will instruct CBP to apply the rates
(percent)
listed above to all entries of subject
merchandise that were produced and/or
exported by such firms.
For companies for which we are
10.13
relying on total adverse facts available
10.13
to establish a dumping margin, we will
instruct CBP to apply the assigned
dumping margins to all entries of
subject merchandise during the period
3.32 of review that were produced and/or
0.10 exported by the companies.
Final Results of the Reviews
We determine that the following
percentage weighted-average dumping
margins on ball bearings and parts
thereof exist for the period May 1, 2007,
through April 30, 2008:
Company
France
Edwards Ltd. and Edwards
High Vacuum Int’l Ltd. ......
SKF France ..........................
Germany
Edwards Ltd. and Edwards
High Vacuum Int’l Ltd. ......
GRW .....................................
myonic ..................................
RWG Frankenjura Industrie
Aircraft Bearings GmbH ....
Schaeffler KG .......................
SKF GmbH ...........................
Italy
Schaeffler Italy ......................
SKF Italy ...............................
Japan
Edwards Japan .....................
Japanese Aero Engines Corporation .............................
Sapporo Precision Inc. .........
70.41
Export Price
With respect to export-price (EP)
sales, we divided the total dumping
margins (calculated as the difference
between normal value and the EP) for
each exporter’s importer or customer by
15.10 the total number of units the exporter
15.10 sold to that importer or customer. We
will direct CBP to assess the resulting
per-unit dollar amount against each unit
73.55 of merchandise on each of that
importer’s or customer’s entries under
0.00 the relevant order during the period of
6.65 review.
3.32
3.32
3.32
Constructed Export Price
For constructed export-price (CEP)
Barden/Schaeffler UK ...........
0.14
sales, we divided the total dumping
SKF UK .................................
18.64
margins for the reviewed sales by the
total entered value of those reviewed
Assessment Rates
sales for each importer. We will direct
The Department will determine and
CBP to assess the resulting percentage
U.S. Customs and Border Protection
margin against the entered customs
(CBP) shall assess antidumping duties
values for the subject merchandise on
on all appropriate entries. We intend to
each of that importer’s entries under the
issue appropriate assessment
relevant order during the period of
instructions directly to CBP 15 days
review. See 19 CFR 351.212(b)(1).
after publication of these final results of
Cash-Deposit Requirements
reviews. In accordance with 19 CFR
351.212(b)(1), we have calculated,
To calculate the cash-deposit rate for
whenever possible, an importer/
each respondent, i.e., each exporter and/
customer-specific assessment rate or
or manufacturer included in these
value for subject merchandise.
reviews, we divided the total dumping
The Department clarified its
margins for each company by the total
‘‘automatic assessment’’ regulation on
net value of that company’s sales of
May 6, 2003. See Antidumping and
merchandise during the period of
Countervailing Duty Proceedings:
review subject to each order.
Assessment of Antidumping Duties, 68
To derive a single deposit rate for
FR 23954 (May 6, 2003) (Assessment of
each respondent, we weight-averaged
Antidumping Duties). This clarification
the EP and CEP deposit rates (using the
will apply to entries of subject
EP and CEP, respectively, as the
merchandise during the period of
weighting factors). To accomplish this
review produced by companies
when we sampled CEP sales (see
included in these final results of
Preliminary Results, 74 FR at 19060), we
reviews for which the reviewed
first calculated the total dumping
companies did not know their
margins for all CEP sales during the
merchandise was destined for the
period of review by multiplying the
United States. In such instances, we will sample CEP margins by the ratio of total
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United Kingdom
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44821
days in the period of review to days in
the sample weeks. We then calculated a
total net value for all CEP sales during
the period of review by multiplying the
sample CEP total net value by the same
ratio. Finally, we divided the combined
total dumping margins for both EP and
CEP sales by the combined total value
for both EP and CEP sales to obtain the
deposit rate.
We will direct CBP to collect the
resulting percentage deposit rate against
the entered customs value of each of the
exporter’s entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of this
notice. Entries of parts incorporated into
finished bearings before sales to an
unaffiliated customer in the United
States will receive the respondent’s
deposit rate applicable to the order.
Furthermore, the following deposit
requirements will be effective upon
publication of this notice of final results
of administrative reviews for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication, consistent with section
751(a)(1) of the Act: (1) The cashdeposit rates for the reviewed
companies will be the rates shown
above except that, for firms whose
weighted-average margins are less than
0.5 percent and therefore de minimis,
the Department shall not require a
deposit of estimated antidumping
duties; (2) for previously reviewed or
investigated companies not listed above,
the cash-deposit rate will continue to be
the company-specific rate published for
the most recent period; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
less-than-fair-value (LTFV) investigation
but the manufacturer is, the cashdeposit rate will be the rate established
for the most recent period for the
manufacturer of the merchandise; (4)
the cash-deposit rate for all other
manufacturers or exporters will
continue to be the all-others rate for the
relevant order made effective by the
final results of review published on July
26, 1993. See Final Results of
Antidumping Duty Administrative
Reviews and Revocation in Part of an
Antidumping Duty Order, 58 FR 39729
(July 26, 1993). For ball bearings from
Italy, see Antifriction Bearings (Other
Than Tapered Roller Bearings) and
Parts Thereof from France, et al.; Final
Results of Antidumping Duty
Administrative Reviews and Partial
Termination of Administrative Reviews,
61 FR 66472, 66521 (December 17,
1996). These rates are the all-others
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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Notices
rates from the relevant LTFV
investigation.
These deposit requirements shall
remain in effect until further notice.
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this period of review. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Notification Regarding APOs
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: August 25, 2009.
Carole A. Showers,
Acting Deputy Assistant Secretary for Policy
and Negotiations.
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Appendix
1. Zeroing of Negative Margins
2. Verification for GRW’s Revocation
3. 15-Day Liquidation Policy
4. CEP Offset and CEP Profit
5. Sample Sales
6. Short-Term U.S. Interest Rates
7. Freight, Insurance, and Packing Revenue
8. Rate for Firms Not Selected for Individual
Examination
9. Miscellaneous Issues
A. Freight Expense
B. Packing Expense
C. Imputed Credit
D. Completeness of Database
E. Cost of Grease
10. Ministerial Errors
[FR Doc. E9–20980 Filed 8–28–09; 8:45 am]
BILLING CODE P
National Oceanic and Atmospheric
Administration
[Order No. 1633]
Notification to Importers
DEPARTMENT OF COMMERCE
RIN 0648–XP18
Grant of Authority; Establishment of a
Foreign-Trade Zone, Lansing, MI
Marine Mammals; Record of Decision;
File Nos. 14324 through 14337, Except
14333
Pursuant to its authority under the
Foreign-Trade Zones Act of June 18,
1934, as amended (19 U.S.C. 81a–81u),
the Foreign-Trade Zones Board (the
Board) adopts the following Order:
Whereas, the Foreign-Trade Zones
(FTZ) Act provides for ‘‘* * * the
establishment * * * of foreign-trade
zones in ports of entry of the United
States, to expedite and encourage
foreign commerce, and for other
purposes,’’ and authorizes the ForeignTrade Zones Board to grant to qualified
corporations the privilege of
establishing foreign-trade zones in or
adjacent to U.S. Customs and Border
Protection (CBP) ports of entry;
Whereas, the Capital Region Airport
Authority (the Grantee) has made
application to the Board (FTZ Docket
52–2008, filed 10/1/08), requesting the
establishment of a foreign-trade zone in
Lansing, Michigan, at the Capital Region
International Airport, which was
designated as a CBP user fee port facility
on January 22, 2008;
Whereas, notice inviting public
comment has been given in the Federal
Register (73 FR 58930, 10/8/08), and the
application has been processed
pursuant to the FTZ Act and the Board’s
regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and
Board’s regulations are satisfied, and
that approval of the application is in the
public interest;
Now, therefore, the Board hereby
grants to the Grantee the privilege of
establishing a foreign-trade zone,
designated on the records of the Board
as Foreign-Trade Zone No. 275, at the
site described in the application, and
subject to the FTZ Act and the Board’s
regulations, including section 400.28.
Signed at Washington, DC, this 12th day of
August 2009.
Foreign-Trade Zones Board.
Gary Locke,
Secretary of Commerce, Chairman and
Executive Officer.
[FR Doc. E9–20990 Filed 8–28–09; 8:45 am]
P
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14:57 Aug 28, 2009
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AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; Record of Decision and
issuance of permits.
SUMMARY: Notice is hereby given that
NMFS issued a new Record of Decision
(ROD) on August 10, 2009, for the Final
Programmatic Environmental Impact
Statement (PEIS) for Steller Sea Lion
and Northern Fur Seal Research.
Subsequently, 12 permits were issued to
conduct research on Steller sea lions
(Eumetopias jubatus) and northern fur
seals (Callorhinus ursinus) throughout
their ranges in the United States.
ADDRESSES: The permits and related
documents are available for review
upon written request or by appointment
in the following office(s):
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301)713–2289; fax (301)713–0376; and
Alaska Region, NMFS, P.O. Box 21668,
Juneau, AK 99802–1668; phone
(907)586–7221; fax (907)586–7249.
FOR FURTHER INFORMATION CONTACT:
Tammy Adams, Kate Swails, or Amy
Sloan, (301)713–2289.
SUPPLEMENTARY INFORMATION: On May
13, 2009, notice was published in the
Federal Register (74 FR 22518) that
requests for permits to conduct research
on marine mammals had been
submitted by various applicants. The
requested permits have been issued
under the authorities of the Marine
Mammal Protection Act of 1972, as
amended (16 U.S.C. 1361 et seq.), the
regulations governing the taking and
importing of marine mammals (50 CFR
part 216), the Endangered Species Act of
1973, as amended (ESA; 16 U.S.C. 1531
et seq.), the regulations governing the
taking, importing, and exporting of
endangered and threatened species (50
CFR parts 222–226), and the Fur Seal
Act of 1966, as amended (16 U.S.C. 1151
et seq.). The permits are valid through
August 31, 2014.
File No. 14324: The permit issued to
Alaska SeaLife Center (ASLC), Seward,
AK, (Principal Investigator: John
Maniscalco) authorizes them to
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]]>Agencies
[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Notices]
[Pages 44819-44822]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20980]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-801, A-428-801, A-475-801, A-588-804, A-412-801]
Ball Bearings and Parts Thereof From France, Germany, Italy,
Japan, and the United Kingdom: Final Results of Antidumping Duty
Administrative Reviews and Revocation of an Order in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 27, 2009, the Department of Commerce published the
preliminary results of the administrative reviews of the antidumping
duty orders on ball bearings and parts thereof from France, Germany,
Italy, Japan, and the United Kingdom. The reviews cover 15
manufacturers/exporters. The period of review is May 1, 2007, through
April 30, 2008.
Based on our analysis of the comments received, we have made
changes, including corrections of certain programming and other
ministerial errors, in the margin calculations. Therefore, the final
results are different from the preliminary results. The final weighted-
average dumping margins for the reviewed firms are listed below in the
section entitled ``Final Results of the Reviews.''
DATES: Effective Date: August 31, 2009.
FOR FURTHER INFORMATION: Yang Jin Chun 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-
5760 or (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2009, the Department of Commerce (the Department)
published the preliminary results of the administrative reviews of the
antidumping duty orders on ball bearings and parts thereof from France,
Germany, Italy, Japan, and the United Kingdom. See Ball Bearings and
Parts Thereof From France, et al.: Preliminary Results of Antidumping
Duty Administrative Reviews and Intent to Revoke Order in Part, 74 FR
19056 (April 27, 2009) (Preliminary Results). For these administrative
reviews, the period of review is May 1, 2007, through April 30, 2008.
We invited interested parties to comment on the Preliminary
Results. At the request of an interested party, we held a hearing for
Italy-specific issues on June 22, 2009. The Department has conducted
these administrative reviews in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the 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,
[[Page 44820]]
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 2007-08 reviews, dated April 21, 2009, which is on file in the
Central Records Unit (CRU) of the main Department of Commerce building,
Room 1117, in the General Issues record (A-100-001).
Analysis of the Comments Received
All issues raised in the case briefs by parties to the current
administrative reviews of the antidumping duty orders on ball bearings
and parts thereof are addressed in the ``Issues and Decision
Memorandum'' (Decision Memo) from Acting Deputy Assistant Secretary
John M. Andersen to Acting Deputy Assistant Secretary Carole A. Showers
dated August 25, 2009, which is hereby adopted by this notice. A list
of the issues which parties have raised and to which we have responded
is in the Decision Memo and attached to this notice as an Appendix. The
Decision Memo, which is a public document, is on file in the CRU of the
main Department of Commerce building, Room 1117, and is accessible on
the Web at https://ia.ita.doc.gov/frn/. The paper copy and
electronic version of the Decision Memo are identical in content.
Revocation of an Order in Part
In the Preliminary Results, we preliminarily determined that
Gebr[uuml]der Reinfurt GmbH & Co., KG (GRW), qualifies for revocation
from the order on ball bearings and parts thereof from Germany pursuant
to 19 CFR 351.222(b)(2)(i). Accordingly, in accordance with 19 CFR
351.222(b)(2)(ii), we preliminarily determined to revoke the order with
respect to ball bearings and parts thereof from Germany exported and/or
sold by GRW to the United States.
We have received comments concerning our intent to revoke the order
on ball bearings and parts thereof from Germany exported and/or sold by
GRW to the United States. See the Decision Memo at Comment 2 for
further discussion of this issue. In accordance with 19 CFR
351.222(b)(2)(ii), we are revoking the order on ball bearings and parts
thereof from Germany exported and/or sold by GRW to the United States,
effective May 1, 2008.
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
statutory authority under section 777A(c)(2) of the Act to limit the
number of respondents selected for the reviews. Based on our analysis
of the responses and our available resources, we chose certain
companies for individual examination of their sales of the subject
merchandise to the United States during the period of review. For a
detailed discussion on the selection of respondents for individual
examination, see Preliminary Results, 74 FR at 19057. For the final
results, we have not changed the source of the rates we applied to
respondents not selected for individual examination. See Preliminary
Results, 74 FR at 19507-08. Because the margin for SKF Italy changed
for the final results, we applied the final margin for SKF Italy to
Schaeffler Italia S.r.L. (formerly FAG Italia S.p.A.), which is the
sole Italian respondent not selected for individual examination. For
discussions of the issues involving the rates for non-selected
respondents, see the Decision Memo at Comment 13.
Adverse Facts Available
Two of the respondents we selected for individual examination,
Edwards Ltd./Edwards High Vacuum Int'l Ltd. (Edwards Japan) of Japan
and myonic GmbH (myonic) of Germany, did not provide responses to our
questionnaire other than their responses to our quantity-and-value
questionnaire. Because these two companies did not respond to our
questionnaire fully, they failed to cooperate by not acting to the best
of their ability and we could not complete the administrative reviews
of these two companies. See Preliminary Results, 74 FR at 19058-59. We
received no comments on our preliminary decision to apply adverse facts
available to these companies. For our final results, we have based
their margins on facts available with an adverse inference in
accordance with section 776 of the Act.
As facts available with an adverse inference for these non-
responsive companies, we have selected the rates of 70.41 percent for
Germany and 73.55 percent for Japan. We corroborated these rates in
accordance with section 776(c) of the Act. Id.
Sales Below Cost in the Home Market
The Department disregarded home-market sales that failed the cost-
of-production test for the following firms for these final results of
reviews:
------------------------------------------------------------------------
Country Company
------------------------------------------------------------------------
France................................. SKF France S.A. and SKF
Aerospace France S.A.S. (SKF
France)
Germany................................ GRW
Schaeffler KG
Italy.................................. SKF Industrie S.p.A./Somecat
S.p.A. (SKF Italy)
United Kingdom......................... Barden/Schaeffler UK
SKF (U.K.) Limited (SKF UK)
------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on our analysis of comments received and based on our own
analysis of the Preliminary Results, we have made revisions that have
changed the results for certain firms. We have corrected programming
and ministerial errors in the margins we included in the Preliminary
Results, where applicable. A detailed discussion of each correction we
made is in the company-specific analysis memoranda which are on file in
the CRU of the main Department of Commerce building, Room 1117.
[[Page 44821]]
Final Results of the Reviews
We determine that the following percentage weighted-average dumping
margins on ball bearings and parts thereof exist for the period May 1,
2007, through April 30, 2008:
------------------------------------------------------------------------
Margin
Company (percent)
------------------------------------------------------------------------
France
------------------------------------------------------------------------
Edwards Ltd. and Edwards High Vacuum Int'l Ltd.......... 10.13
SKF France.............................................. 10.13
------------------------------------------------------------------------
Germany
------------------------------------------------------------------------
Edwards Ltd. and Edwards High Vacuum Int'l Ltd.......... 3.32
GRW..................................................... 0.10
myonic.................................................. 70.41
RWG Frankenjura Industrie Aircraft Bearings GmbH........ 3.32
Schaeffler KG........................................... 3.32
SKF GmbH................................................ 3.32
------------------------------------------------------------------------
Italy
------------------------------------------------------------------------
Schaeffler Italy........................................ 15.10
SKF Italy............................................... 15.10
------------------------------------------------------------------------
Japan
------------------------------------------------------------------------
Edwards Japan........................................... 73.55
Japanese Aero Engines Corporation....................... 0.00
Sapporo Precision Inc................................... 6.65
------------------------------------------------------------------------
United Kingdom
------------------------------------------------------------------------
Barden/Schaeffler UK.................................... 0.14
SKF UK.................................................. 18.64
------------------------------------------------------------------------
Assessment Rates
The Department will determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries. We intend to issue appropriate assessment instructions
directly to CBP 15 days after publication of these final results of
reviews. In accordance with 19 CFR 351.212(b)(1), we have calculated,
whenever possible, an importer/customer-specific assessment rate or
value for subject merchandise.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
of Antidumping Duties). This clarification will apply to entries of
subject merchandise during the period of review produced by companies
included in these final results of reviews for which the reviewed
companies did not know their merchandise was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction. For a full discussion of this
clarification, see Assessment of Antidumping Duties.
For the responsive companies which were not selected for individual
review, we will instruct CBP to apply the rates listed above to all
entries of subject merchandise that were produced and/or exported by
such firms.
For companies for which we are relying on total adverse facts
available to establish a dumping margin, we will instruct CBP to apply
the assigned dumping margins to all entries of subject merchandise
during the period of review that were produced and/or exported by the
companies.
Export Price
With respect to export-price (EP) sales, we divided the total
dumping margins (calculated as the difference between normal value and
the EP) for each exporter's importer or customer by the total number of
units the exporter sold to that importer or customer. We will direct
CBP to assess the resulting per-unit dollar amount against each unit of
merchandise on each of that importer's or customer's entries under the
relevant order during the period of review.
Constructed Export Price
For constructed export-price (CEP) sales, we divided the total
dumping margins for the reviewed sales by the total entered value of
those reviewed sales for each importer. We will direct CBP to assess
the resulting percentage margin against the entered customs values for
the subject merchandise on each of that importer's entries under the
relevant order during the period of review. See 19 CFR 351.212(b)(1).
Cash-Deposit Requirements
To calculate the cash-deposit rate for each respondent, i.e., each
exporter and/or manufacturer included in these reviews, we divided the
total dumping margins for each company by the total net value of that
company's sales of merchandise during the period of review subject to
each order.
To derive a single deposit rate for each respondent, we weight-
averaged the EP and CEP deposit rates (using the EP and CEP,
respectively, as the weighting factors). To accomplish this when we
sampled CEP sales (see Preliminary Results, 74 FR at 19060), we first
calculated the total dumping margins for all CEP sales during the
period of review by multiplying the sample CEP margins by the ratio of
total days in the period of review to days in the sample weeks. We then
calculated a total net value for all CEP sales during the period of
review by multiplying the sample CEP total net value by the same ratio.
Finally, we divided the combined total dumping margins for both EP and
CEP sales by the combined total value for both EP and CEP sales to
obtain the deposit rate.
We will direct CBP to collect the resulting percentage deposit rate
against the entered customs value of each of the exporter's entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice. Entries
of parts incorporated into finished bearings before sales to an
unaffiliated customer in the United States will receive the
respondent's deposit rate applicable to the order.
Furthermore, the following deposit requirements will be effective
upon publication of this notice of final results of administrative
reviews for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, consistent with section 751(a)(1) of the Act: (1) The
cash-deposit rates for the reviewed companies will be the rates shown
above except that, for firms whose weighted-average margins are less
than 0.5 percent and therefore de minimis, the Department shall not
require a deposit of estimated antidumping duties; (2) for previously
reviewed or investigated companies not listed above, the cash-deposit
rate will continue to be the company-specific rate published for the
most recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or the original less-than-fair-value (LTFV)
investigation but the manufacturer is, the cash-deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; (4) the cash-deposit rate for all other manufacturers
or exporters will continue to be the all-others rate for the relevant
order made effective by the final results of review published on July
26, 1993. See Final Results of Antidumping Duty Administrative Reviews
and Revocation in Part of an Antidumping Duty Order, 58 FR 39729 (July
26, 1993). For ball bearings from Italy, see Antifriction Bearings
(Other Than Tapered Roller Bearings) and Parts Thereof from France, et
al.; Final Results of Antidumping Duty Administrative Reviews and
Partial Termination of Administrative Reviews, 61 FR 66472, 66521
(December 17, 1996). These rates are the all-others
[[Page 44822]]
rates from the relevant LTFV investigation.
These deposit requirements shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this period of review. Failure to comply with
this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: August 25, 2009.
Carole A. Showers,
Acting Deputy Assistant Secretary for Policy and Negotiations.
Appendix
1. Zeroing of Negative Margins
2. Verification for GRW's Revocation
3. 15-Day Liquidation Policy
4. CEP Offset and CEP Profit
5. Sample Sales
6. Short-Term U.S. Interest Rates
7. Freight, Insurance, and Packing Revenue
8. Rate for Firms Not Selected for Individual Examination
9. Miscellaneous Issues
A. Freight Expense
B. Packing Expense
C. Imputed Credit
D. Completeness of Database
E. Cost of Grease
10. Ministerial Errors
[FR Doc. E9-20980 Filed 8-28-09; 8:45 am]
BILLING CODE P
