Ball Bearings and Parts Thereof From France: Final Results of Changed-Circumstances Review, 65522-65523 [E9-29470]

Download as PDF 65522 Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Notices of the Tariff Act of 1930, as amended (the Act): (1) For subject merchandise produced and exported by Kangfa, the cash deposit rate will be zero; (2) for subject merchandise exported by Kangfa, but not manufactured by Kangfa, the cash deposit rate will continue to be the PRC-wide rate (i.e., 198.63 percent); and (3) for subject merchandise manufactured by Kangfa, but exported by any party other than Kangfa, the cash deposit rate will be the rate applicable to the exporter. These cash deposit requirements will remain in effect until further notice. Reimbursement of Duties This notice also 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 POR. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Orders mstockstill on DSKH9S0YB1PROD with NOTICES This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This new shipper review and notice are in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act and 19 CFR 351.214(h). Dated: December 4, 2009. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. E9–29469 Filed 12–9–09; 8:45 am] BILLING CODE 3510–DS–P VerDate Nov<24>2008 17:19 Dec 09, 2009 Jkt 220001 DEPARTMENT OF COMMERCE International Trade Administration [A–427–801] Ball Bearings and Parts Thereof From France: Final Results of ChangedCircumstances Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has determined, pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), that SKF Aeroengine France S.A.S.U. (SKF Aeroengine) is the successor-in-interest to SNFA S.A.S.U. and, as a result, should be accorded the same treatment as SNFA S.A.S.U. DATES: Effective Date: December 10, 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; (202) 482–3174 or (202) 482–4477, respectively. SUPPLEMENTARY INFORMATION: Background The Department of Commerce (the Department) published an antidumping duty order on ball bearings and parts thereof from France on May 15, 1989. See Antidumping Duty Orders: Ball Bearings, Cylindrical Roller Bearings, Spherical Plain Bearings, and Parts Thereof From France, 54 FR 20902 (May 15, 1989). On August 11, 2000, the Department revoked the order, effective May 1, 1999, with respect to sales of ball bearings by SNFA S.A. (subsequently SNFA S.A.S.U.) (SNFA France). See Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France, Germany, Italy, Japan, Romania, Singapore, Sweden, and the United Kingdom; Final Results of Antidumping Duty Administrative Reviews and Revocation of Orders in Part, 65 FR 49219, 49221 (August 11, 2000). On March 2, 2007, pursuant to a request from SNFA France, SKF France S.A., and SKF Aerospace France S.A.S., we initiated a changed-circumstances review in order to determine whether SNFA France was a successor-ininterest to SKF France S.A. following SNFA France’s acquisition by that company or, alternatively, that postacquisition SNFA France was the successor-in-interest to the pre- PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 acquisition SNFA France. See Ball Bearings and Parts Thereof from France: Initiation of an Antidumping Duty Changed-Circumstances Review, 72 FR 9513 (March 2, 2007). During the course of the changed-circumstances review, the companies informed the Department that SNFA France would be changing its name to SKF Aeroengine. On June 29, 2007, we initiated an administrative review of the antidumping duty order on ball bearings and parts thereof from France for the period May 1, 2006, through April 30, 2007, with respect to SKF France S.A. and SKF Aerospace France S.A.S. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, Request for Revocation in Part and Deferral of Administrative Review, 72 FR 35690 (June 29, 2007). On October 26, 2007, we rescinded the changed-circumstances review initiated on March 2, 2007, and explained that, because we had initiated an administrative review with respect to SKF France S.A. and SKF Aerospace France S.A.S., we would address any issues that had arisen during the course of the changed-circumstances review in the context of the administrative review. See Ball Bearings and Parts Thereof from France and Italy: Rescission of Antidumping Duty ChangedCircumstances Reviews, 72 FR 60798, 60799 (October 26, 2007). In the final results of the 2006/07 administrative review, we determined that postacquisition SNFA France was the successor-in-interest to pre-acquisition SNFA France and that SNFA France had not changed its name to SKF Aeroengine until after the period of review. See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 52823 (September 11, 2008), and accompanying Issues and Decision Memorandum at Comment 12 (AFBs Final Results). On February 6, 2009, SKF Aeroengine requested that, because the Department appeared to have left open the effect of the name change from SNFA France to SKF Aeroengine on its determination in AFBs Final Results, the Department either confirm that its determination encompassed the name change or, in the alternative, the Department initiate a changed-circumstances review to determine whether SKF Aeroengine is the successor-in-interest to SNFA France. On March 30, 2009, we initiated a changed-circumstances review. See Ball Bearings and Parts Thereof from France: Initiation of Antidumping Duty E:\FR\FM\10DEN1.SGM 10DEN1 Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES Changed-Circumstances Review, 74 FR 14107 (March 30, 2009). On June 9, 2009, we preliminarily found that SKF Aeroengine is the successor in interest to SNFA France. See Ball Bearings and Parts Thereof from France: Preliminary Results of Changed-Circumstances Review, 74 FR 27280 (June 9, 2009). We received a case brief from The Timken Company and a rebuttal brief from SKF Aeroengine, SKF France S.A., and SKF Aerospace France S.A.S. We did not hold a hearing as none was requested. Scope of the Order The products covered by the order are ball bearings (other than tapered roller bearings) and parts thereof. These products include all 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, 4016.93.00, 4016.93.10, 4016.93.50, 6909.19.5010, 8431.20.00, 8431.39.0010, 8482.10.10, 8482.10.50, 8482.80.00, 8482.91.00, 8482.99.05, 8482.99.2580, 8482.99.35, 8482.99.6595, 8483.20.40, 8483.20.80, 8483.50.8040, 8483.50.90, 8483.90.20, 8483.90.30, 8483.90.70, 8708.50.50, 8708.60.50, 8708.60.80, 8708.70.6060, 8708.70.8050, 8708.93.30, 8708.93.5000, 8708.93.6000, 8708.93.75, 8708.99.06, 8708.99.31, 8708.99.4960, 8708.99.50, 8708.99.5800, 8708.99.8080, 8803.10.00, 8803.20.00, 8803.30.00, 8803.90.30, and 8803.90.90. As a result of recent changes to the Harmonized Tariff Schedule, effective February 2, 2007, the subject merchandise is also classifiable under the following additional HTS item numbers: 8708.30.5090, 8708.40.7500, 8708.50.7900, 8708.50.8900, 8708.50.9150, 8708.50.9900, 8708.80.6590, 8708.94.75, 8708.95.2000, 8708.99.5500, 8708.99.68, and 8708.99.8180. Although the HTSUS item numbers above are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Analysis of Comment Received The issues raised in the case briefs by parties in this review are addressed in the Issues and Decision Memorandum from John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to VerDate Nov<24>2008 17:19 Dec 09, 2009 Jkt 220001 Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, dated concurrently with this notice (Decision Memo), 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 Central Records Unit, 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. Final Results of ChangedCircumstances Review For the reasons stated in the preliminary results, we continue to find that SKF Aeroengine is the successor-ininterest to SNFA France and, as a result, should be accorded the same treatment as SNFA France. We will instruct U.S. Customs and Border Protection to liquidate, without regard to antidumping duties, all unliquidated entries produced and exported by SKF Aeroengine which were entered, or withdrawn from warehouse, for consumption on or after September 3, 2007, the date of SNFA France’s name change to SKF Aeroengine. See Stainless Steel Wire Rod from Italy: Notice of Final Results of Changed Circumstances Antidumping Duty Review, 71 FR 24643, 24644 (April 26, 2006); see also Certain Hot-Rolled Lead and Bismuth Carbon Steel Products From the United Kingdom: Final Results of Changed-Circumstances Antidumping and Countervailing Duty Administrative Reviews, 64 FR 66880, 66881 (November 30, 1999). Notification This notice serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.306. Timely written notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This notice is published in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216 and 351.221. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 65523 Dated: December 4, 2009. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix 1. Successorship 2. Applicable Cash-Deposit Rate [FR Doc. E9–29470 Filed 12–9–09; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XT24 Fisheries of the South Atlantic and Gulf of Mexico; Southeastern Data, Assessment, and Review (SEDAR) AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of SEDAR Methods and Procedures Workshop 4: Evaluating Assessment Uncertainty. SUMMARY: SEDAR procedural workshops provide an opportunity for focused discussion and deliberation on topics that arise in multiple assessments and are structured to develop best practices for addressing common issues across assessments. The SEDAR Steering Committee agreed that the three completed procedural workshops were effective and that similar workshops should be held to address other issues that affect multiple assessments. Continuing to address such global issues is recognized as an important to continuing improvements in efficiency and quality. The 4th procedural workshop will consider methods of addressing uncertainty in SEDAR assessments, including topics such as developing appropriate confidence intervals in both parameter estimates and projection outputs, methods of characterizing and expressing assessment uncertainty beyond that reflected in confidence intervals, use of sensitivity analyses and recommendations on standard sensitivities, and relating uncertainty to overall risk evaluation and especially the risk of overfishing occurring. Participants will prepare a SEDAR procedures document addressing their recommendations that will be used to guide future SEDAR assessments. See SUPPLEMENTARY INFORMATION. DATES: The SEDAR Uncertainty Procedural Workshop will take place February 22–26, 2010; SEDAR Uncertainty Procedural Workshop E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Notices]
[Pages 65522-65523]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29470]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-801]


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

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

SUMMARY: The Department of Commerce (the Department) has determined, 
pursuant to section 751(b) of the Tariff Act of 1930, as amended (the 
Act), that SKF Aeroengine France S.A.S.U. (SKF Aeroengine) is the 
successor-in-interest to SNFA S.A.S.U. and, as a result, should be 
accorded the same treatment as SNFA S.A.S.U.

DATES: Effective Date: December 10, 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; (202) 482-3174 or (202) 
482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department of Commerce (the Department) published an 
antidumping duty order on ball bearings and parts thereof from France 
on May 15, 1989. See Antidumping Duty Orders: Ball Bearings, 
Cylindrical Roller Bearings, Spherical Plain Bearings, and Parts 
Thereof From France, 54 FR 20902 (May 15, 1989). On August 11, 2000, 
the Department revoked the order, effective May 1, 1999, with respect 
to sales of ball bearings by SNFA S.A. (subsequently SNFA S.A.S.U.) 
(SNFA France). See Antifriction Bearings (Other Than Tapered Roller 
Bearings) and Parts Thereof From France, Germany, Italy, Japan, 
Romania, Singapore, Sweden, and the United Kingdom; Final Results of 
Antidumping Duty Administrative Reviews and Revocation of Orders in 
Part, 65 FR 49219, 49221 (August 11, 2000).
    On March 2, 2007, pursuant to a request from SNFA France, SKF 
France S.A., and SKF Aerospace France S.A.S., we initiated a changed-
circumstances review in order to determine whether SNFA France was a 
successor-in-interest to SKF France S.A. following SNFA France's 
acquisition by that company or, alternatively, that post-acquisition 
SNFA France was the successor-in-interest to the pre-acquisition SNFA 
France. See Ball Bearings and Parts Thereof from France: Initiation of 
an Antidumping Duty Changed-Circumstances Review, 72 FR 9513 (March 2, 
2007). During the course of the changed-circumstances review, the 
companies informed the Department that SNFA France would be changing 
its name to SKF Aeroengine.
    On June 29, 2007, we initiated an administrative review of the 
antidumping duty order on ball bearings and parts thereof from France 
for the period May 1, 2006, through April 30, 2007, with respect to SKF 
France S.A. and SKF Aerospace France S.A.S. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews, Request for 
Revocation in Part and Deferral of Administrative Review, 72 FR 35690 
(June 29, 2007). On October 26, 2007, we rescinded the changed-
circumstances review initiated on March 2, 2007, and explained that, 
because we had initiated an administrative review with respect to SKF 
France S.A. and SKF Aerospace France S.A.S., we would address any 
issues that had arisen during the course of the changed-circumstances 
review in the context of the administrative review. See Ball Bearings 
and Parts Thereof from France and Italy: Rescission of Antidumping Duty 
Changed-Circumstances Reviews, 72 FR 60798, 60799 (October 26, 2007). 
In the final results of the 2006/07 administrative review, we 
determined that post-acquisition SNFA France was the successor-in-
interest to pre-acquisition SNFA France and that SNFA France had not 
changed its name to SKF Aeroengine until after the period of review. 
See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, 
and the United Kingdom: Final Results of Antidumping Duty 
Administrative Reviews and Rescission of Reviews in Part, 73 FR 52823 
(September 11, 2008), and accompanying Issues and Decision Memorandum 
at Comment 12 (AFBs Final Results).
    On February 6, 2009, SKF Aeroengine requested that, because the 
Department appeared to have left open the effect of the name change 
from SNFA France to SKF Aeroengine on its determination in AFBs Final 
Results, the Department either confirm that its determination 
encompassed the name change or, in the alternative, the Department 
initiate a changed-circumstances review to determine whether SKF 
Aeroengine is the successor-in-interest to SNFA France. On March 30, 
2009, we initiated a changed-circumstances review. See Ball Bearings 
and Parts Thereof from France: Initiation of Antidumping Duty

[[Page 65523]]

Changed-Circumstances Review, 74 FR 14107 (March 30, 2009). On June 9, 
2009, we preliminarily found that SKF Aeroengine is the successor in 
interest to SNFA France. See Ball Bearings and Parts Thereof from 
France: Preliminary Results of Changed-Circumstances Review, 74 FR 
27280 (June 9, 2009). We received a case brief from The Timken Company 
and a rebuttal brief from SKF Aeroengine, SKF France S.A., and SKF 
Aerospace France S.A.S. We did not hold a hearing as none was 
requested.

Scope of the Order

    The products covered by the order are ball bearings (other than 
tapered roller bearings) and parts thereof. These products include all 
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, 4016.93.00, 4016.93.10, 4016.93.50, 6909.19.5010, 
8431.20.00, 8431.39.0010, 8482.10.10, 8482.10.50, 8482.80.00, 
8482.91.00, 8482.99.05, 8482.99.2580, 8482.99.35, 8482.99.6595, 
8483.20.40, 8483.20.80, 8483.50.8040, 8483.50.90, 8483.90.20, 
8483.90.30, 8483.90.70, 8708.50.50, 8708.60.50, 8708.60.80, 
8708.70.6060, 8708.70.8050, 8708.93.30, 8708.93.5000, 8708.93.6000, 
8708.93.75, 8708.99.06, 8708.99.31, 8708.99.4960, 8708.99.50, 
8708.99.5800, 8708.99.8080, 8803.10.00, 8803.20.00, 8803.30.00, 
8803.90.30, and 8803.90.90.
    As a result of recent changes to the Harmonized Tariff Schedule, 
effective February 2, 2007, the subject merchandise is also 
classifiable under the following additional HTS item numbers: 
8708.30.5090, 8708.40.7500, 8708.50.7900, 8708.50.8900, 8708.50.9150, 
8708.50.9900, 8708.80.6590, 8708.94.75, 8708.95.2000, 8708.99.5500, 
8708.99.68, and 8708.99.8180.
    Although the HTSUS item numbers above are provided for convenience 
and customs purposes, the written description of the scope of the order 
is dispositive.

Analysis of Comment Received

    The issues raised in the case briefs by parties in this review are 
addressed in the Issues and Decision Memorandum from John M. Andersen, 
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Import Administration, dated concurrently with this notice (Decision 
Memo), 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 Central Records 
Unit, 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.

Final Results of Changed-Circumstances Review

    For the reasons stated in the preliminary results, we continue to 
find that SKF Aeroengine is the successor-in-interest to SNFA France 
and, as a result, should be accorded the same treatment as SNFA France. 
We will instruct U.S. Customs and Border Protection to liquidate, 
without regard to antidumping duties, all unliquidated entries produced 
and exported by SKF Aeroengine which were entered, or withdrawn from 
warehouse, for consumption on or after September 3, 2007, the date of 
SNFA France's name change to SKF Aeroengine. See Stainless Steel Wire 
Rod from Italy: Notice of Final Results of Changed Circumstances 
Antidumping Duty Review, 71 FR 24643, 24644 (April 26, 2006); see also 
Certain Hot-Rolled Lead and Bismuth Carbon Steel Products From the 
United Kingdom: Final Results of Changed-Circumstances Antidumping and 
Countervailing Duty Administrative Reviews, 64 FR 66880, 66881 
(November 30, 1999).

Notification

    This notice serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the destruction of APO materials or conversion to judicial protective 
order is hereby requested. Failure to comply with the regulations and 
terms of an APO is a sanctionable violation.
    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Act and 19 CFR 351.216 and 351.221.

    Dated: December 4, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix

    1. Successorship
    2. Applicable Cash-Deposit Rate

[FR Doc. E9-29470 Filed 12-9-09; 8:45 am]
BILLING CODE 3510-DS-P

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