Ball Bearings and Parts Thereof From France: Preliminary Results of Changed-Circumstances Review, 60242-60244 [E9-27929]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 74, Number 223 (Friday, November 20, 2009)]
[Notices]
[Pages 60242-60244]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27929]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-801]


Ball Bearings and Parts Thereof From France: Preliminary Results 
of Changed-Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

[[Page 60243]]

SUMMARY: The Department of Commerce is conducting a changed-
circumstances review of the antidumping duty order on ball bearings and 
parts thereof from France pursuant to section 751(b) of the Tariff Act 
of 1930, as amended. We preliminarily determine that, after acquisition 
by NTN Corporation, SNR Roulements S.A. is the successor-in-interest to 
pre-acquisition SNR Roulements S.A. Interested parties are invited to 
comment on these preliminary results.

DATES: Effective Date: November 20, 2009.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer 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; (202) 482-0410 or (202) 
482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 21, 2009, SNR Roulements S.A. (SNR) requested that, 
because NTN Corporation (NTN) acquired a 51-percent interest in SNR, 
the Department of Commerce (the Department) initiate a changed-
circumstances review to determine whether post-acquisition SNR is the 
successor-in-interest to pre-acquisition SNR.
    On September 18, 2009, we initiated a changed-circumstances review. 
See Ball Bearings and Parts Thereof From France: Initiation of 
Antidumping Duty Changed-Circumstances Review, 74 FR 47920 (September 
18, 2009) (CCR Initiation).
    On September 22, 2009, we sent a questionnaire to SNR. After 
granting SNR an extension of the deadline, SNR submitted a response on 
October 23, 2009.
    Since the initiation of the review, no other interested party has 
submitted comments.

Scope of the Order

    The products covered by the order 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, 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 description of the scope of the order 
remains dispositive.

Preliminary Results

    In conducting this changed-circumstances review pursuant to section 
751(b) of the Tariff Act of 1930, as amended (the Act), the Department 
has conducted a successor-in-interest analysis. In making a successor-
in-interest determination, the Department examines several factors 
including, but not limited to, changes in the following: (1) 
Management; (2) production facilities; (3) supplier relationships; (4) 
customer base. See, e.g., Brake Rotors From the People's Republic of 
China: Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 70 FR 69941 (November 18, 2005), and Notice of 
Final Results of Changed Circumstances Antidumping Duty Administrative 
Review: Polychloroprene Rubber From Japan, 67 FR 58 (January 2, 2002). 
While no single factor or combination of factors will necessarily 
provide a dispositive indication of a successor-in-interest 
relationship, the Department will generally consider the new company to 
be the successor to the previous company if the new company's resulting 
operation is not materially dissimilar to that of its predecessor. See 
Fresh and Chilled Atlantic Salmon From Norway; Final Results of Changed 
Circumstances Antidumping Duty Administrative Review, 64 FR 9979 (March 
1, 1999), and Industrial Phosphoric Acid From Israel; Final Results of 
Antidumping Duty Changed Circumstances Review, 59 FR 6944 (February 14, 
1994).
    Thus, if the evidence demonstrates that, with respect to the 
production and sale of subject merchandise, the new company operates as 
the same business entity as the former company, the Department will 
accord the new company the same antidumping treatment as its 
predecessor.
    We preliminarily determine that post-acquisition SNR is the 
successor-in-interest to pre-acquisition SNR. In its August 21, 2009, 
and October 23, 2009, submissions, SNR provided evidence supporting its 
claim to be the successor-in-interest to pre-acquisition SNR. 
Specifically, SNR demonstrated that there were no changes in corporate 
structure or product mix and only minor changes in management, 
production facilities,\1\ supplier base, or customer base. Moreover, 
NTN stated that it does not plan to make any significant changes to the 
pre-acquisition SNR production facilities, management personnel, 
sources of supply, and customer bases. NTN stated further that it 
intends to maintain, market, and promote the NTN and SNR brands 
separately in all markets and for all applications.
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    \1\ The only changes in production facilities were minor changes 
in production capacity.
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    In summary, post-acquisition SNR has presented evidence to 
establish a prima facie case of its successorship status. The record 
indicates that the acquisition of SNR by NTN has not changed the 
operations of the company in a meaningful way. SNR's management, 
production facilities, supplier relationships, and customer base are 
substantially unchanged from their status or circumstances prior to the 
acquisition. The record evidence demonstrates that the new entity 
operates essentially in the same manner as the predecessor company. 
Consequently, we preliminarily determine that post-acquistion SNR 
should be assigned the same antidumping-duty treatment as pre-
acquisition SNR.

Public Comment

    Case briefs from interested parties may be submitted not later than 
30 days after the date of publication of this notice of preliminary 
results of changed-circumstances review. Rebuttal briefs from 
interested parties, limited to the issues raised in the case briefs, 
may be submitted not later than five days after the time limit for 
filing the case briefs or comments. Parties who submit case briefs or 
rebuttal briefs in this

[[Page 60244]]

proceeding are requested to submit with each argument a statement of 
the issue, a summary of the arguments not exceeding five pages, and a 
table of statutes, regulations, and cases cited.
    Interested parties who wish to request a hearing or to participate 
in a hearing if a hearing 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). Such 
requests should contain the following information: (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 the hearing will 
be limited to those discussed in the case briefs. If requested, any 
hearing will be held two days after the scheduled date for submission 
of rebuttal briefs.
    The Department will publish in the Federal Register a notice of the 
final results of this changed-circumstances review, including the 
results of its analysis of issues raised in any written briefs or at 
the hearing if requested.
    As indicated in the CCR Initiation, during the course of this 
changed-circumstances review we will not change any cash-deposit 
requirements on entries of merchandise subject to the antidumping duty 
order unless a change is determined to be warranted pursuant to the 
final results of this changed-circumstances review.
    We are issuing and publishing these preliminary results and notice 
in accordance with sections 751(b) and 777(i)(1) of the Act and 19 CFR 
351.216.

    Dated: November 16, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-27929 Filed 11-19-09; 8:45 am]
BILLING CODE 3510-DS-P