Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 53661-53664 [2010-21839]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 75, Number 169 (Wednesday, September 1, 2010)]
[Notices]
[Pages 53661-53664]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21839]



[[Page 53661]]

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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, Final Results of Changed-Circumstances Review, 
and Revocation of an Order in Part

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

SUMMARY: On April 28, 2010, 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 22 
manufacturers/exporters. The period of review is May 1, 2008, through 
April 30, 2009.
    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 for certain 
companies. The final weighted-average dumping margins for the reviewed 
firms are listed below in the section entitled ``Final Results of the 
Reviews.'' We have also determined that myonic GmbH, a firm which is 
subject to the order on ball bearings and parts thereof from Germany, 
is the successor-in-interest to the pre-acquisition myonic GmbH. 
Finally, we are announcing our revocation of the order on ball bearings 
and parts thereof from the United Kingdom in part with respect to 
subject merchandise exported and/or sold by Barden/Schaeffler UK \1\ to 
the United States.
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    \1\ The Barden Corporation (UK) Limited/Schaeffler Group (UK) 
Limited.

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DATES: Effective Date: September 1, 2010.

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; telephone: (202) 482-
0410 or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 28, 2010, 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, Preliminary Results of Changed-
Circumstances Review, Rescission of Antidumping Duty Administrative 
Reviews In Part, and Intent To Revoke Order In Part, 75 FR 22384 (April 
28, 2010), and Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Preliminary Results of 
Antidumping Duty Administrative Reviews, Preliminary Results of 
Changed-Circumstances Review, Rescission of Antidumping Duty 
Administrative Reviews in Part, and Intent To Revoke Order In Part, 75 
FR 26920 (May 13, 2010) (collectively, Preliminary Results). For these 
administrative reviews, the period of review is May 1, 2008, through 
April 30, 2009.
    We invited interested parties to comment on the Preliminary 
Results. We received case and rebuttal briefs from various parties to 
the proceedings. No hearing was requested.
    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, 8803.90.90, 8708.30.50.90, 8708.40.75.70, 
8708.40.75.80, 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, and 8708.99.81.80.
    Although the HTSUS item numbers above are provided for convenience 
and customs purposes, the written descriptions of the scope of the 
orders remain dispositive.
    The size or precision grade of a bearing does not influence whether 
the bearing is covered by one of the orders. The 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 the 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 the 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 the orders.
    For a list of scope determinations which pertain to the orders, see 
the ``Memorandum to Laurie Parkhill'' regarding scope determinations 
for the 2008/2009 reviews, dated April 21, 2010, 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 these 
administrative reviews of the antidumping duty orders on ball bearings 
and parts thereof are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Edward C. Yang, 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, 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 Memorandum and 
attached to this notice as an Appendix. The Decision Memorandum, which 
is a

[[Page 53662]]

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 Memorandum are identical in content.

Revocation of Order in Part

    In the Preliminary Results, we preliminarily determined that 
Barden/Schaeffler UK qualifies for revocation from the order on ball 
bearings and parts thereof from the United Kingdom 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 the United Kingdom 
exported and/or sold by Barden/Schaeffler UK to the United States.
    We have received comments concerning our intent to revoke the order 
on ball bearings and parts thereof from the United Kingdom exported 
and/or sold by Barden/Schaeffler UK to the United States. See the 
Decision Memorandum at Comment 4 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 the United Kingdom exported 
and/or sold by Barden/Schaeffler UK to the United States, effective May 
1, 2009.

Final Results of Changed-Circumstances Review

    In the Preliminary Results, we preliminarily determined that myonic 
GmbH is the successor-in-interest to the pre-acquisition myonic GmbH 
and invited interested parties to comment. We received no comments from 
interested parties. For the reasons we stated in the Preliminary 
Results and because we received no comments to the contrary from 
interested parties, we continue to determine that the post-acquisition 
myonic GmbH is the successor-in-interest to the pre-acquisition myonic 
GmbH. Consequently, we will instruct U.S. Customs and Border Protection 
(CBP) to continue to apply the cash-deposit rate in effect for myonic 
GmbH to all entries of the subject merchandise from myonic GmbH that 
were entered, or withdrawn from warehouse, for consumption on or after 
the date of publication of these final results of changed-circumstances 
review.

Rates for Non-Selected Companies

    Based on our analysis of the responses and our available resources, 
we selected certain companies for individual examination of their sales 
of the subject merchandise to the United States during the period of 
review as permitted under section 777A(c)(2) of the Act. For a detailed 
discussion on the selection of the respondents for individual 
examination, see Preliminary Results, 75 FR at 22385. For the final 
results, we have not changed the basis of the rate we applied to 
respondents not selected for individual examination. With respect to 
the sole company not selected in the Germany proceeding, however, we 
have used publicly available ranged sales values submitted by myonic 
GmbH and Schaeffler KG to calculate a weighted-average margin to assign 
to SKF GmbH instead of assigning the simple-average margin calculated 
using the margins we determined for myonic GmbH and Schaeffler KG, as 
announced in the Preliminary Results. For a discussion of this issue, 
see the Decision Memorandum at Comment 1. See also the memorandum to 
the file, dated concurrently with this notice, entitled ``Ball Bearings 
and Parts Thereof from Germany: Final Calculation of the Margin for 
Respondent Not Selected for Individual Examination'' on the record of 
the Germany proceeding (A-428-801).
    Our calculation of the final margin for the sole non-selected 
company in the Germany administrative review represents a change in our 
practice concerning the margin applicable to companies not selected for 
individual examination in an administrative review of an antidumping 
duty order. In situations where we cannot apply our normal methodology 
of calculating a weighted-average margin due to requests to protect 
business-proprietary information but where use of a simple average does 
not yield the best proxy of the weighted-average margin relative to 
publicly available data, normally we will use the publicly available 
figures as a matter of practice in future cases.
    With respect to the Japan proceeding, one company selected for 
individual examination used the indexing method permitted under 19 CFR 
351.304(c) in the public version of its response to our request for 
information concerning the quantity and value of U.S. sales during the 
period of review. Therefore, unlike in the Germany proceeding where 
public, ranged data are available for all of the companies that were 
selected for individual examination, similar information is not 
available for all such companies in the Japan proceeding. Accordingly, 
we cannot calculate a weighted-average margin to consider applying to 
the non-selected respondents in the Japan proceeding as we have 
calculated for the Germany proceeding. Instead, as explained in the 
Preliminary Results, we have determined to apply the simple average of 
the margins we calculated for the selected companies to the companies 
not selected for individual examination in the Japan proceeding.

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 companies. 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 dated 
concurrently with this notice, which are on file in the CRU of the main 
Department of Commerce building, Room 1117.

Final Results of the Reviews

    We determine that the following percentage weighted-average dumping 
margins on ball bearings and parts thereof exist for the period May 1, 
2008, through April 30, 2009:

------------------------------------------------------------------------
                                                                Margin
                          Company                             (percent)
------------------------------------------------------------------------
                                 FRANCE
------------------------------------------------------------------------
SKF France S.A.............................................         6.86
Microturbo SAS.............................................         6.86
------------------------------------------------------------------------
                                 GERMANY
------------------------------------------------------------------------
myonic GmbH................................................        21.72
Schaeffler KG..............................................         2.16
SKF GmbH...................................................         6.59
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                                  ITALY
------------------------------------------------------------------------
SKF Industrie S.p.A........................................        13.04
Schaeffler Italia S.r.l....................................         1.98
------------------------------------------------------------------------
                                  JAPAN
------------------------------------------------------------------------
Aisin Seiki Company, Ltd...................................        10.97
JTEKT Corporation..........................................        10.97
Makino Milling Machine Company Limited.....................        10.97
Mazda Motor Corporation....................................        10.97
Nachi-Fujikoshi Corporation................................        10.97
Nissan Motor Company, Ltd..................................        10.97
NSK Ltd....................................................         8.48
NTN Corporation............................................        13.46
Sapporo Precision, Inc., and Tokyo Precision, Inc..........        10.97
Univance Corporation.......................................        10.97
Yamazaki Mazak Trading Corporation.........................        10.97
------------------------------------------------------------------------
                             UNITED KINGDOM
------------------------------------------------------------------------
The Barden Corporation (UK) Limited/Schaeffler Group (UK)           0.00
 Limited...................................................
NSK Bearings Europe Ltd....................................        10.04
SKF (UK) Limited...........................................        10.04

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Timken UK Ltd. and Timken Aerospace UK Ltd.................        10.04
------------------------------------------------------------------------

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 described below.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the period of review produced by companies selected 
for individual examination in the 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 Antidumping and Countervailing 
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 
2003).
    For the 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.
    We intend to issue liquidation instructions to CBP 15 days after 
publication of these final results of reviews.

Export Price

    With respect to export-price (EP) sales, 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

    For constructed export-price (CEP) sales, we divided the total 
dumping margins for the reviewed sales by the total entered value of 
those reviewed sales for each importer. We will direct CBP to assess 
the resulting percentage margin against the entered customs values for 
the subject merchandise on each of that importer's entries under the 
relevant order during the review period. See 19 CFR 351.212(b).

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, 75 FR at 22385), 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 of 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 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 shown above; (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 and parts thereof 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 rates from the relevant less-than-fair-value investigations. 
These deposit requirements shall remain in effect until further notice.

Notifications

    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 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.
    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 26, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix

    1. Rate Selection for SKF Germany.
    2. SKF's Bearing Kits.
    3. Short-Term U.S. Interest Rate for Inventory-Carrying Costs.
    4. Barden's Request for Revocation.
    5. Deduction of CEP Profit.
    6. Freight and Packing Revenue Offset Caps.
    7. Importer-Specific Assessment Rates.
    8. 15-Day Issuance of Liquidation Instructions.

[[Page 53664]]

    9. Zeroing of Negative Margins.

[FR Doc. 2010-21839 Filed 8-31-10; 8:45 am]
BILLING CODE 3510-DS-P