Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Preliminary Results of Antidumping Administrative and Changed-Circumstances Reviews, 22372-22381 [2011-9721]
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Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Notices
FR 20910) in the Federal Register. On
June 30, 2010, in accordance with 19
CFR 351.221(b), we published a notice
Dated: April 14, 2011.
of initiation of administrative reviews of
Ronald K. Lorentzen,
133 companies subject to these orders.
Deputy Assistant Secretary for Import
See Initiation of Antidumping and
Administration.
Countervailing Duty Administrative
[FR Doc. 2011–9717 Filed 4–20–11; 8:45 am]
Reviews and Requests for Revocation in
BILLING CODE 3510–DS–P
Part, 75 FR 37759 (June 30, 2010)
(Initiation Notice).
DEPARTMENT OF COMMERCE
Subsequent to the initiation of these
reviews we published in the Federal
International Trade Administration
Register the final results of the 2008–
[A–427–801, A–428–801, A–475–801, A–588– 2009 administrative reviews of the
804, A–412–801]
orders, in which we revoked the
antidumping duty order on ball bearings
Ball Bearings and Parts Thereof From
and parts thereof from the United
France, Germany, Italy, Japan, and the
Kingdom, in part, with respect to
United Kingdom: Preliminary Results
merchandise exported or sold by The
of Antidumping Administrative and
Barden Corporation (U.K.) Limited and
Changed-Circumstances Reviews
Schaeffler (U.K.) Limited (The
AGENCY: Import Administration,
Schaeffler Group) effective May 1,
International Trade Administration,
2009.1 As a result we rescinded the
Department of Commerce.
2009–2010 administrative review of the
SUMMARY: In response to requests from
order on merchandise from the United
interested parties, the Department of
Kingdom.2 We have also rescinded the
Commerce (the Department) is
administrative reviews with respect to
conducting administrative reviews of
34 other companies based on the
the antidumping duty orders on ball
withdrawals of the applicable requests
bearings and parts thereof from France,
for reviews. See Rescission.
Germany, Italy, Japan, and the United
On January 14, 2011, we issued a
Kingdom for the period May 1, 2009,
notice of extension of the deadline for
through April 30, 2010. We have
completion of the preliminary results of
preliminarily determined that sales have
reviews from January 31, 2011, to March
been made below normal value by
17, 2011. See Ball Bearings and Parts
certain companies subject to these
Thereof From France, et al.: Extension
reviews. We have also preliminarily
determined that Schaeffler Technologies of Time Limit for Preliminary Results of
Antidumping Duty Administrative
GmbH & Co. KG is the successor-ininterest to Schaeffler KG with respect to Reviews, 76 FR 2647 (January 14, 2011).
On March 22, 2011, we issued a second
the order on ball bearings and parts
notice of extension of the deadline for
thereof from Germany.
completion of the preliminary results of
We invite interested parties to
reviews from March 17, 2011, to April
comment on these preliminary results.
18, 2011. See Ball Bearings and Parts
Parties who submit comments in these
Thereof From France, et al.: Extension
reviews are requested to submit with
of Time Limit for Preliminary Results of
each argument (1) a statement of the
Antidumping Duty Administrative and
issue and (2) a brief summary of the
Changed-Circumstances Reviews, 76 FR
argument.
15940 (March 22, 2011).
DATES: Effective Date: April 21, 2011.
The period of review is May 1, 2009,
FOR FURTHER INFORMATION CONTACT:
through April 30, 2010. The Department
Thomas Schauer, AD/CVD Operations,
is conducting these administrative
Office 5, Import Administration,
reviews in accordance with section 751
International Trade Administration,
of the Tariff Act of 1930, as amended
U.S. Department of Commerce, 14th
(the Act).
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
1 See Ball Bearings and Parts Thereof From
482–0410.
France, et al.: Final Results of Antidumping Duty
SUPPLEMENTARY INFORMATION:
emcdonald on DSK2BSOYB1PROD with NOTICES
Act and 19 CFR 351.216, 351.221, and
351.222.
Background
On May 15, 1989, the Department
published the antidumping duty orders
on ball bearings and parts thereof from
France (54 FR 20902), Germany (54 FR
20900), Italy (54 FR 20903), Japan (54
FR 20904), and the United Kingdom (54
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Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661 (September 1, 2010) (AFBs 20).
2 See Ball Bearings and Parts Thereof From
France, et al.: Partial Rescission of Antidumping
Duty Administrative Review, 75 FR 69402
(November 12, 2010), and Ball Bearings and Parts
Thereof From France: Partial Rescission of
Antidumping Duty Administrative Review, 76 FR
327 (January 4, 2011) (collectively Rescission).
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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, 8414.90.41.75,
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 heattreated 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,
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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
2009/2010 reviews, dated concurrently
with this notice, which is on file in the
Central Records Unit (CRU) of the main
Commerce building, room 7046, in the
General Issues record (A–100–001).
Country
Company
Italy ..............
Schaeffler Italia S.r.l. (formerly
FAG Italia S.p.A.) SKF
Industrie S.p.A./Somecat
S.p.A. (SKF Italy).
NTN Corporation (NTN) NSK
Ltd.
Barden Corporation (U.K.)
Limited and Schaeffler
(U.K.) Limited 4 NSK Bearings Europe Ltd. (NSK
U.K.).
Japan ..........
United Kingdom.
Selection of Respondents
Due to the large number of companies
in the reviews and the resulting
administrative burden to examine each
company for which a request had been
made and not withdrawn, the
Department exercised its authority to
limit the number of respondents
selected for individual examination in
these reviews. Where it is not
practicable to examine all known
exporters/producers of subject
merchandise because of the large
number of such companies, section
777A(c)(2) of the Act allows the
Department to limit its examination to
either a sample of exporters, producers,
or types of products that is statistically
valid, based on the information
available at the time of selection, or
exporters and producers accounting for
the largest volume of subject
merchandise from the exporting country
that can be reasonably examined.
Accordingly, in June 2010 we
requested information concerning the
quantity and value of sales to the United
States from the 133 exporters/producers
for which we had initiated reviews. We
received responses from most of the
exporters/producers subject to the
reviews; some companies withdrew
their requests for review and some
companies did not respond to our
request for information.3 Based on our
analysis of the responses and our
available resources, we chose to
examine the sales of certain companies.
See Memoranda to Laurie Parkhill,
dated August 18, 2010, for the detailed
analysis of the selection process for each
country-specific review. We selected the
following companies for individual
examination:
emcdonald on DSK2BSOYB1PROD with NOTICES
Country
France .........
Germany .....
3 See
Company
SKF France S.A. and SKF
Aerospace France S.A.S
(SKF France) SNR
Roulements S.A./SNR Europe (SNR).
Schaeffler KG myonic GmbH
(myonic).
‘‘Use of Facts Otherwise Available section.’’
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Non-Selected Respondents
For the respondents we did not
examine individually in the
administrative reviews of the orders on
merchandise from France, Germany,
and Italy, we cannot apply our normal
methodology of calculating a weightedaverage margin using the results of the
reviews for the two respondents we
selected in each review for individual
examination due to their requests to
protect their business-proprietary
information. In such situations, it is our
normal practice to calculate a weightedaverage margin using the publicly
available U.S. sales values and
antidumping duty margins of the two
selected respondents or to use the
simple average of their margins,
depending on which result is closer to
the actual weighted-average margin of
the companies in question. See AFBs 20
and accompanying Issues and Decision
Memorandum at Comment 1.
For responding companies in the
administrative reviews of the orders on
subject merchandise from France,
Germany, and Italy that were not
individually examined, we have used
weighted-average margins and the
publicly available U.S. sales values of
the two selected respondents in each
respective review to calculate the
weighted-average margin. Therefore, we
have applied, for these preliminary
results, the rate of 5.12 percent (France),
the rate of 6.26 percent (Germany), and
the rate of 12.32 percent (Italy) to the
firms not individually examined in the
respective reviews. See the countryspecific Memoranda to the File
concerning Respondents Not Selected
for Individual Examination for France,
Germany, and Italy dated concurrently
with this notice for an explanation of
our calculations.
With respect to the responding
companies which remain under review
and which we did not select for
individual examination in the review of
the order on subject merchandise from
the United Kingdom, we have assigned
4 Revocation resulted in rescission of the review
with respect to these firms. See ‘‘Background’’
section above and Rescission.
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the margin we have calculated for NSK
U.K. of 5.90 percent to these firms
because, after rescission of the review
with respect to Barden Corporation
(U.K.) Limited and Schaeffler (U.K)
Limited, NSK U.K. was the sole
remaining company selected for
individual examination. With respect to
the responding companies which
remain under review and which we did
not select for individual examination in
the review of the order on subject
merchandise from Japan, because we do
not have publicly available information
on U.S. sales value for one of the
selected respondents, we have assigned
to the non-selected respondents the
simple-average margin of the two
respondents selected for individual
examination; that rate is 11.36 percent.
Voluntary Respondents
We received voluntary responses from
Asahi Seiko Co., Ltd. (Asahi), and Mori
Seiki Co., Ltd., with respect to the
review of the order on merchandise
from Japan. Due to changes in our
workload since our initial selection of
respondents for individual examination,
we decided to treat these firms as firms
selected for individual examination as
well. See Memorandum to Laurie
Parkhill dated November 15, 2010.
No-Shipments Respondent
On July 15, 2010, SNR UK submitted
a letter indicating that it made no sales
to the United States during the period
of review. We have not received any
comments on SNR UK’s submission. We
confirmed SNR UK’s claim of no
shipments by issuing a ‘‘No-Shipments
Inquiry’’ to U.S. Customs and Border
Protection (CBP) on March 18, 2011.
With regard to SNR UK’s claim of no
shipments, our practice since
implementation of the 1997 regulations
concerning no-shipments respondents
has been to rescind the administrative
review if the respondent certifies that it
had no shipments and we have
confirmed through our examination of
CBP data that there were no shipments
of subject merchandise during the POR.
See Antidumping Duties; Countervailing
Duties, 62 FR 27296, 27393 (May 19,
1997), and Oil Country Tubular Goods
from Japan: Preliminary Results of
Antidumping Duty Administrative
Review and Partial Rescission of
Review, 70 FR 53161, 53162 (September
7, 2005), unchanged in Oil Country
Tubular Goods from Japan: Final
Results and Partial Rescission of
Antidumping Duty Administrative
Review, 71 FR 95 (January 3, 2006). As
a result, in such circumstances, we
normally instruct CBP to liquidate any
entries from the no-shipment company
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at the deposit rate in effect on the date
of entry.
In our May 6, 2003, ‘‘automatic
assessment’’ clarification, we explained
that, where respondents in an
administrative review demonstrate that
they had no knowledge of sales through
resellers to the United States, we would
instruct CBP to liquidate such entries at
the all-others rate applicable to the
proceeding. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (May 2003
clarification).
Based on SNR UK’s assertion of no
shipments and no indication from CBP
that there are suspended entries of
subject merchandise from SNR UK, we
preliminarily determine that SNR UK
had no sales to the United States during
the POR.
Because ‘‘as entered’’ liquidation
instructions do not alleviate the
concerns which the May 2003
clarification was intended to address,
we find it appropriate in this case to
instruct CBP to liquidate any existing
entries of merchandise produced by
SNR UK at the all-others rate should we
continue to find at the time of our final
results that SNR UK had no shipments
of subject merchandise from the United
Kingdom. See Magnesium Metal From
the Russian Federation: Preliminary
Results of Antidumping Duty
Administrative Review, 75 FR 26922,
26933 (May 13, 2010), unchanged in
Magnesium Metal From the Russian
Federation: Final Results of
Antidumping Duty Administrative
Review, 75 FR 56989 (September 17,
2010). See also Certain Frozen
Warmwater Shrimp from India: Partial
Rescission of Antidumping Duty
Administrative Review, 73 FR 77610,
77612 (December 19, 2008). In addition,
the Department finds that it is more
consistent with the May 2003
clarification not to rescind the review in
part in these circumstances but, rather,
to complete the review with respect to
SNR UK and issue appropriate
instructions to CBP based on the final
results of the review. See the
‘‘Assessment Rates’’ section of this
notice below.
Verification
As provided in section 782(i) of the
Act, we have verified information
provided by NSK Ltd. and Schaeffler
KG.
We conducted these verifications
using standard verification procedures
including the examination of relevant
sales and financial records and the
selection and review of original
documentation containing relevant
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Use of Facts Otherwise Available
For the reasons discussed below, we
determine that the use of adverse facts
available (AFA) is appropriate for the
preliminary results of reviews with
respect to several companies.
Because these companies did not
respond to our request, we could not
determine whether and to what extent
these companies participated in sales of
subject merchandise to the U.S. market.
Moreover, because these companies
failed to provide the information
requested and thus significantly
impeded the respective country-specific
reviews, we find that we must base their
margins on facts otherwise available.
See section 776(a) of the Act.
A. Use of Facts Available
Section 776(a)(2) of the Act provides
that, if an interested party withholds
information requested by the
administering authority, fails to provide
such information by the deadlines for
submission of the information and in
the form or manner requested, subject to
subsections (c)(1) and (e) of section 782
of the Act, significantly impedes a
proceeding under this title, or provides
such information but the information
cannot be verified as provided in
section 782(i) of the Act, the
administering authority shall use,
subject to section 782(d) of the Act, facts
otherwise available in reaching the
applicable determination. Section
782(d) of the Act provides that, if the
administering authority determines that
a response to a request for information
does not comply with the request, the
administering authority shall promptly
inform the responding party and, to the
extent practicable, provide an
opportunity to remedy the deficient
submission. If the party fails to remedy
the deficiency within the applicable
time limits, the Department may
disregard, subject to section 782(e) of
the Act, all or part of the original and
subsequent responses, as appropriate.
Section 782(e) of the Act provides that
the Department ‘‘shall not decline to
consider information that is submitted
by an interested party and is necessary
to the determination but does not meet
all the applicable requirements
established by the administering
authority’’ if the information is timely,
can be verified, and is not so incomplete
that it cannot be used and if the
interested party acted to the best of its
ability in providing the information.
Where all of these conditions are met,
the statute requires the Department to
use the information if it can do so
without undue difficulties.
The following companies did not
respond to our request to provide
information concerning the quantity and
value of their U.S. sales: France—
AVIAC, Eurocopter SAS, Groupe
Intertechnique, SNECMA, and
Tecnofan; Italy—Eurocopter and
SNECMA; Japan—Tsubakimoto.
B. Application of Adverse Inferences for
Facts Available
In applying the facts otherwise
available, section 776(b) of the Act
provides that, if the administering
authority finds that an interested party
has failed to cooperate by not acting to
the best of its ability to comply with a
request for information from the
administering authority, in reaching the
applicable determination under this
title, the administering authority may
use an adverse inference in selecting
from among the facts otherwise
available. See, e.g., Notice of Final
Results of Antidumping Duty
Administrative Review, and Final
Determination to Revoke the Order In
Part: Individually Quick Frozen Red
Raspberries from Chile, 72 FR 70295,
70297 (December 11, 2007) (Raspberries
from Chile Final), and Notice of
Preliminary Determination of Sales at
Less Than Fair Value, and
Postponement of Final Determination:
Certain Circular Welded Carbon-Quality
Line Pipe From Mexico, 69 FR 59892,
59896 (October 6, 2004).
Adverse inferences are appropriate ‘‘to
ensure that the party does not obtain a
more favorable result by failing to
cooperate than if it had cooperated
fully.’’ See Notice of Preliminary Results
of Antidumping Duty Administrative
Review, Notice of Partial Rescission of
Antidumping Duty Administrative
Review, Notice of Intent to Revoke in
Part: Certain Individually Quick Frozen
Red Raspberries from Chile, 72 FR
44112, 44114 (August 7, 2007)
(unchanged in Raspberries from Chile
Final, 72 FR at 70297). Further,
‘‘affirmative evidence of bad faith on the
part of a respondent is not required
before the Department may make an
adverse inference.’’ See Antidumping
Duties; Countervailing Duties, 62 FR
27296, 27340 (May 19, 1997). See also
Nippon Steel Corp. v. United States, 337
F.3d 1373, 1380–84 (CAFC 2003).
Because the non-responding
companies did not provide requested
data concerning their sales of subject
merchandise to the United States during
the period of review, we determine that
they have failed to cooperate by not
information. Our verification results are
outlined in the public versions of our
verification reports which are on file in
CRU, room 7046 of the main
Department building.
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emcdonald on DSK2BSOYB1PROD with NOTICES
acting to the best of their ability. See
Antifriction Bearings and Parts Thereof
From France, et al.: Final Results of
Antidumping Duty Administrative
Reviews, Rescission of Administrative
Reviews in Part, and Determination To
Revoke Order in Part, 69 FR 55574
(September 15, 2004) (AFBs 14).
Therefore, we conclude that the use of
an adverse inference is warranted in
applying facts otherwise available to
these companies.
C. Selection and Corroboration of
Information Used as Facts Available
As facts available with an adverse
inference, we have selected the rates of
66.42 percent for AVIAC, Eurocopter
SAS, Groupe Intertechnique, SNECMA,
and Technofan (France), 69.99 percent
for Eurocopter SAS and SNECMA
(Italy), and 73.55 percent for
Tsubakimoto (Japan). These rates
represent the highest rates calculated in
the history of the respective proceedings
and are from the respective less-thanfair-value investigations for each
country. See Final Determinations of
Sales at Less Than Fair Value:
Antifriction Bearings (Other Than
Tapered Roller Bearings) and Parts
Thereof From France, 54 FR 19092,
19096 (May 3, 1989), Final
Determinations of Sales at Less Than
Fair Value: Antifriction Bearings (Other
Than Spherical Plain and Tapered
Roller Bearings) and Parts Thereof From
Italy; and Final Determination of Sales
at Not Less Than Fair Value; Spherical
Plain Bearings and Parts Thereof, From
Italy, 54 FR 19096, 19101 (May 3, 1989),
and Final Determinations of Sales at
Less Than Fair Value; Antifriction
Bearings (Other Than Tapered Roller
Bearings) and Parts Thereof From
Japan, 54 FR 19101, 19108 (May 3,
1989).
Section 776(c) of the Act provides that
the Department shall corroborate, to the
extent practicable, secondary
information used for facts available by
reviewing independent sources
reasonably at its disposal. Information
from a prior segment of the proceeding
constitutes secondary information. See
Certain Frozen Warmwater Shrimp from
Brazil: Final Results and Partial
Rescission of Antidumping Duty
Administrative Review, 73 FR 39940
(July 11, 2008). The word ‘‘corroborate’’
means that the Department will satisfy
itself that the secondary information to
be used has probative value.
To corroborate secondary information,
the Department will examine, to the
extent practicable, the reliability and
relevance of the information used.
Unlike other types of information such
as input costs or selling expenses,
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however, there are no independent
sources for calculated dumping margins.
The only source for margins is
administrative determinations. Thus,
with respect to an administrative
review, if we choose as facts available
a calculated dumping margin from a
prior segment of the proceeding, it is
our practice to find the margin for that
time period reliable. See, e.g., AFBs 14,
69 FR at 55577. With respect to the
relevance aspect of corroboration, the
Department will consider information
reasonably at its disposal as to whether
there are circumstances that would
render a margin not relevant. Where
circumstances indicate that the selected
margin is not appropriate as AFA, the
Department will disregard the margin
and determine an appropriate margin.
See Fresh Cut Flowers From Mexico;
Final Results of Antidumping Duty
Administrative Review, 61 FR 6812,
6814 (February 22, 1996) (the
Department disregarded the highest
dumping margin as best information
available because the margin was based
on another company’s uncharacteristic
business expense resulting in an
unusually high margin).
We find that the rates we are using for
these preliminary results, as identified
above, have probative value and,
therefore, are appropriate rates for use
as AFA. All rates fell within the range
of margins we calculated for companies
in the respective country-specific
administrative reviews and there is no
information on the record of the reviews
that demonstrates that the selected rates
are not appropriate AFA rates for the
non-responsive firms.
For more detail concerning the
corroboration of the AFA rates, see the
country-specific Memoranda to Laurie
Parkhill, dated concurrently with this
notice.
Export Price and Constructed Export
Price
For the price to the United States, we
used export price (EP) or constructed
export price (CEP) as defined in sections
772(a) and (b) of the Act, as appropriate.
Due to the extremely large volume of
U.S. transactions that occurred during
the period of review and the resulting
administrative burden involved in
calculating individual margins for all of
these transactions, we sampled CEP
sales in accordance with section 777A
of the Act. When a selected firm made
more than 10,000 CEP sales transactions
to the United States of merchandise
subject to a particular order, we
reviewed CEP sales that occurred during
sample weeks. We selected one week
from each two-month period in the
review period, for a total of six weeks,
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and analyzed each transaction made in
those six weeks. The sample weeks are
as follows: June 7, 2009–June 13, 2009;
July 5, 2009–July 11, 2009; October 18,
2009–October 24, 2009; November 1,
2009–November 7, 2009; January 10,
2010–January 16, 2010; March 28, 2010–
April 3, 2010. We reviewed all EP sales
transactions which the respondents we
selected for individual examination
made during the period of review.
We calculated EP and CEP based on
the packed F.O.B., C.I.F., or delivered
price to unaffiliated purchasers in, or for
exportation to, the United States. We
made deductions, as appropriate, for
discounts and rebates. See 19 CFR
351.401(c) and 351.102(b)(38). We also
made deductions for any movement
expenses in accordance with section
772(c)(2)(A) of the Act.
Certain companies received freight
revenues or packing revenues from the
customer for certain U.S. sales. In
Certain Orange Juice from Brazil: Final
Results and Partial Rescission of
Antidumping Duty Administrative
Review, 73 FR 46584 (August 11, 2008)
(OJ Brazil), and accompanying Issues
and Decision Memorandum at Comment
7 and in Polyethylene Retail Carrier
Bags from the People’s Republic of
China: Final Results of Antidumping
Duty Administrative Review, 74 FR 6857
(February 11, 2009) (PRC Bags), and
accompanying Issues and Decision
Memorandum at Comment 6, the
Department determined to treat such
revenues as an offset to the specific
expenses for which they were intended
to compensate. Accordingly, we have
used the revenues of the particular
respondents as an offset to their
respective expenses.
Consistent with section 772(d)(1) of
the Act, we calculated CEP by deducting
selling expenses associated with
economic activities occurring in the
United States which includes
commissions, direct selling expenses,
and U.S. repacking expenses. In
accordance with sections 772(d)(1) and
(2) of the Act, we also deducted those
indirect selling expenses associated
with economic activities occurring in
the United States and the profit
allocated to expenses deducted under
section 772(d)(1) of the Act in
accordance with sections 772(d)(3) and
772(f) of the Act. In accordance with
section 772(f) of the Act, we computed
profit based on the total revenues
realized on sales in both the U.S. and
home markets, less all expenses
associated with those sales. We then
allocated profit to expenses incurred
with respect to U.S. economic activity
based on the ratio of total U.S. expenses
to total expenses for both the U.S. and
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home markets. Finally, we made an
adjustment for profit allocated to these
expenses in accordance with section
772(d)(3) of the Act.
With respect to NTN, because it
reported fiscal-year expenses, we
recalculated technical-service expenses,
certain U.S. inland-freight expenses,
indirect selling expenses, and repacking
expenses using an allocation on the
basis of fiscal-year value of sales instead
of its reported allocation on the basis of
value of sales during the period of
review. Also, with respect to NTN, we
recalculated the reported inventorycarrying costs consistent with the
methodology described in Ball Bearings
and Parts Thereof From France, et al.:
Final Results of Antidumping Duty
Administrative Reviews and Rescission
of Reviews in Part, 73 FR 52823
(September 11, 2008) (AFBs 18), and
accompanying Issues and Decision
Memorandum at Comment 13.
With respect to SNR, because it
reported inland-freight expenses and
international-freight expenses
applicable to its U.S. sales on the basis
of value, we recalculated these expenses
on the basis of weight. See Ball Bearings
and Parts Thereof from France, et al.:
Preliminary Results of Antidumping
Duty Administrative Reviews, 71 FR
12170, 12173 (March 9, 2006),
unchanged in Ball Bearings and Parts
Thereof from France, et al.: Final
Results of Antidumping Duty
Administrative Reviews, 71 FR 40064
(July 14, 2006) (AFBs 16), and
accompanying Issues and Decision
Memorandum at Comment 6.
With respect to NSK Ltd., we
reclassified certain expenses associated
with Japanese workers in the United
States as indirect selling expenses and
deducted them from CEP consistent
with the methodology described in
AFBs 16 and accompanying Issues and
Decision Memorandum at Comment 26.
With respect to subject merchandise
to which value was added in the United
States prior to sale to unaffiliated U.S.
customers, e.g., parts of bearings that
were imported by U.S. affiliates of
foreign exporters and then further
processed into other products which
were then sold to unaffiliated parties,
we determined that the special rule for
merchandise with value added after
importation under section 772(e) of the
Act applied to all firms that added value
in the United States with the exception
of Asahi.
Section 772(e) of the Act provides
that, when the subject merchandise is
imported by an affiliated person and the
value added in the United States by the
affiliated person is likely to exceed
substantially the value of the subject
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merchandise, we shall determine the
CEP for such merchandise using the
price of identical or other subject
merchandise sold by the exporter or
producer to an unaffiliated customer if
there is a sufficient quantity of sales to
provide a reasonable basis for
comparison and we determine that the
use of such sales is appropriate. If there
is not a sufficient quantity of such sales
or if we determine that using the price
of identical or other subject
merchandise is not appropriate, we may
use any other reasonable basis to
determine CEP.
To determine whether the value
added is likely to exceed substantially
the value of the subject merchandise, we
estimated the value added based on the
difference between the averages of the
prices charged to the first unaffiliated
purchaser for the merchandise as sold in
the United States and the averages of the
prices paid for the subject merchandise
by the affiliated purchaser. Based on
this analysis, we determined that the
estimated value added in the United
States by the further-manufacturing
firms accounted for at least 65 percent
of the price charged to the first
unaffiliated customer for the
merchandise as sold in the United
States. See 19 CFR 351.402(c) for an
explanation of our practice on this
issue. Therefore, we preliminarily
determine that the value added is likely
to exceed substantially the value of the
subject merchandise for Mori Seiki Co.,
Ltd., NSK Ltd., NSK U.K., NTN,
Schaeffler KG, SKF France, and SKF
Italy. Also, for these firms, we
determine that there was a sufficient
quantity of sales remaining to provide a
reasonable basis for comparison and
that the use of these sales is appropriate.
For the analysis of the decision not to
require further-manufactured data, see
the Department’s company-specific
preliminary analysis memoranda dated
concurrently with this notice.
Accordingly, for purposes of
determining dumping margins for the
sales subject to the special rule, we have
used the weighted-average dumping
margins calculated on sales of identical
or other subject merchandise sold to
unaffiliated persons.
For Asahi, we determined that the
special rule did not apply because the
value added in the United States did not
exceed substantially the value of the
subject merchandise. Consequently,
Asahi submitted responses to our
further-manufacturing questionnaire
which included the costs of the further
processing performed by Asahi in the
United States. We analyzed these sales
in the same manner as non-furthermanufactured products but deducted
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the value of further manufacturing
incurred in the United States and an
amount for profit attributable to the
further manufacturing. We used the data
reported in Asahi’s questionnaire
responses to calculate the furthermanufacturing expense which we
deducted from U.S. prices.
There were no other claimed or
allowed adjustments to EP or CEP sales
by the respondents. For further
descriptions of our analysis, see the
company-specific preliminary analysis
memoranda dated concurrently with
this notice.
Home-Market Sales
Based on a comparison of the
aggregate quantity of home-market and
U.S. sales and absent any information
that a particular market situation in the
exporting country did not permit a
proper comparison, we determined that
the quantity of foreign like product sold
by all respondents in the exporting
country was sufficient to permit a
proper comparison with the sales of the
subject merchandise to the United
States pursuant to section 773(a)(1) of
the Act. Each company’s quantity of
sales in its home market was greater
than five percent of its sales to the U.S.
market. Therefore, in accordance with
section 773(a)(1)(B)(i) of the Act, we
based normal value on the prices at
which the foreign like product was first
sold for consumption in the exporting
country in the usual commercial
quantities and in the ordinary course of
trade and, to the extent practicable, at
the same level of trade as the EP or CEP
sales.
Due to the extremely large number of
home-market transactions that occurred
during the period of review and the
resulting administrative burden
involved in examining all of these
transactions, we sampled sales to
calculate normal value in accordance
with section 777A of the Act. When a
selected firm had more than 10,000
home-market sales transactions on a
country-specific basis, we used sales in
sample months that corresponded to the
sample weeks which we selected for
U.S. CEP sales, sales in a month prior
to the period of review, and sales in the
month following the period of review.
The sample months were March 2009,
June 2009, July 2009, October 2009,
November 2009, January 2010, March
2010, and June 2010.
The Department may calculate normal
value based on a sale to an affiliated
party only if it is satisfied that the price
to the affiliated party is comparable to
the price at which sales are made to
parties not affiliated with the exporter
or producer, i.e., sales were made at
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arm’s-length prices. See 19 CFR
351.403(c). We excluded from our
analysis sales to affiliated customers for
consumption in the home market that
we determined not to be at arm’s-length
prices. To test whether these sales were
made at arm’s-length prices, we
compared the prices of sales of
comparable merchandise to affiliated
and unaffiliated customers, net of all
rebates, movement charges, direct
selling expenses, and packing. Pursuant
to 19 CFR 351.403(c) and in accordance
with our practice, when the prices
charged to an affiliated party were, on
average, between 98 and 102 percent of
the prices charged to unaffiliated parties
for merchandise comparable to that sold
to the affiliated party, we determined
that the sales to the affiliated party were
at arm’s-length prices. See Antidumping
Proceedings: Affiliated Party Sales in
the Ordinary Course of Trade, 67 FR
69186 (November 15, 2002). We
included in our calculation of normal
value those sales to affiliated parties
that were made at arm’s-length prices.
See company-specific preliminary
analysis memoranda dated concurrently
with this notice.
Cost of Production
In accordance with section 773(b) of
the Act, in the last completed segment
of the relevant country-specific
proceeding we disregarded below-cost
sales for Asahi, NSK Ltd., NSK U.K.,
NTN, Schaeffler Italia S.r.l., Schaeffler
KG, SKF France, SKF Italy, and SNR.
Therefore, for the instant reviews, we
have reasonable grounds to believe or
suspect that sales by all of the above
companies of the foreign like product
under consideration for the
determination of normal value in these
reviews may have been made at prices
below the cost of production (COP) as
provided by section 773(b)(2)(A)(ii) of
the Act. Pursuant to section 773(b)(1) of
the Act, we conducted COP
investigations of sales by these firms in
the respective home markets.
With respect to myonic, on November
15, 2010, The Timken Company alleged
that myonic sold the foreign like
product in Germany at prices below the
COP during the period of review. Based
on the information on the record and
pursuant to section 773(b)(1) of the Act,
we found we had reasonable grounds to
initiate a COP investigation with respect
to myonic. See the December 16, 2010,
Memorandum to Laurie Parkhill entitled
‘‘Ball Bearings and Parts Thereof from
Germany: Request to Initiate Cost
Investigation for myonic GmbH.’’
In accordance with section 773(b)(3)
of the Act, we calculated the COP based
on the sum of the costs of materials and
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fabrication employed in producing the
foreign like product, the selling, general,
and administrative (SG&A) expenses,
and all costs and expenses incidental to
packing the merchandise. With respect
to NTN, we recalculated the reported
general and administrative expenses by
including expenses associated with
replacing the defective product with
respect to sales made to a certain
customer category. With respect to
Schaeffler KG, we did not allow
Schaeffler KG’s claimed interest income
as an offset to its interest expenses
because Schaeffler KG did not
demonstrate that the interest income
was short-term in nature. In our COP
analysis, we used the home-market sales
and COP information provided by each
respondent in its questionnaire
responses or, in the case of Schaeffler
Italia S.r.l., additional COP information
provided by its largest supplier.
After calculating the COP and in
accordance with section 773(b)(1) of the
Act, we tested whether home-market
sales of the foreign like product were
made at prices below the COP within an
extended period of time in substantial
quantities and whether such prices
permitted the recovery of all costs
within a reasonable period of time. We
compared model-specific COPs to the
reported home-market prices less any
applicable movement charges,
discounts, and rebates.
Pursuant to section 773(b)(2)(C) of the
Act, when less than 20 percent of a
respondent’s sales of a given product
were at prices less than the COP, we did
not disregard any below-cost sales of
that product because the below-cost
sales were not made in substantial
quantities within an extended period of
time. When 20 percent or more of a
respondent’s sales of a given product
during the period of review were at
prices less than the COP, we
disregarded the below-cost sales
because they were made in substantial
quantities within an extended period of
time pursuant to sections 773(b)(2)(B)
and (C) of the Act and because, based on
comparisons of prices to weightedaverage COPs for the period of review,
we determined that these sales were at
prices which would not permit recovery
of all costs within a reasonable period
of time in accordance with section
773(b)(2)(D) of the Act. Based on this
test, we disregarded below-cost sales
with respect to Asahi, myonic, NSK
Ltd., NSK U.K., NTN, Schaeffler Italia
S.r.l., Schaeffler KG, SKF France, SKF
Italy, and SNR. See the relevant
company-specific preliminary analysis
memoranda dated concurrently with
this notice.
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22377
Model-Match Methodology
For all respondents, where possible,
we compared U.S. sales with sales of the
foreign like product in the home market.
Specifically, in making our
comparisons, if an identical homemarket model was reported, we made
comparisons to weighted-average homemarket prices that were based on all
sales which, where appropriate, passed
the COP test of the identical product
during the relevant month. We
calculated the weighted-average homemarket prices on a level of trade-specific
basis. If there were no contemporaneous
sales of an identical model, we
identified the most similar home-market
model.
To determine the most similar model,
we limited our examination to models
sold in the home market that had the
same bearing design, load direction,
number of rows, and precision grade.
Next, we calculated the sum of the
deviations (expressed as a percentage of
the value of the U.S. model’s
characteristics) of the inner diameter,
outer diameter, width, and load rating
for each potential home-market match
and selected the bearing with the
smallest sum of the deviations. If two or
more bearings had the same sum of the
deviations, we selected the model that
was sold at the same level of trade as the
U.S. sale and was the closest
contemporaneous sale to the U.S. sale.
If two or more models were sold at the
same level of trade and were sold
equally contemporaneously, we selected
the model with the smallest differencein-merchandise adjustment.
Finally, if no bearing sold in the home
market had a sum of the deviations that
was less than 40 percent, we concluded
that no appropriate comparison existed
in the home market. For a full
discussion of the model-match
methodology we have used in these
reviews, see Antifriction Bearings and
Parts Thereof from France, et al.:
Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Reviews, 70 FR 25538,
25542 (May 13, 2005), and Ball Bearings
and Parts Thereof from France, et al.:
Final Results of Antidumping Duty
Administrative Reviews, 70 FR 54711
(September 16, 2005), and
accompanying Issues and Decision
Memorandum at Comments 2, 3, and 5.
Normal Value
Home-market prices were based on
the packed, ex-factory, or delivered
prices to affiliated or unaffiliated
purchasers. When applicable, we made
adjustments for differences in packing
and for movement expenses in
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accordance with sections 773(a)(6)(A)
and (B) of the Act. Where companies
received freight or packing revenues
from the home-market customer, we
offset these expenses in accordance with
OJ Brazil and PRC Bags as discussed
above. With respect to NTN, we
recalculated the reported inventorycarrying costs consistent with the
methodology described in AFBs 18 and
accompanying Issues and Decision
Memorandum at Comment 13. We also
made adjustments for differences in cost
attributable to differences in physical
characteristics of the merchandise
pursuant to section 773(a)(6)(C)(ii) of
the Act and 19 CFR 351.411 and for
differences in circumstances of sale in
accordance with section 773(a)(6)(C)(iii)
of the Act and 19 CFR 351.410. For
comparisons to EP, we made
circumstance-of-sale adjustments by
deducting home-market direct selling
expenses from, and adding U.S. direct
selling expenses to, normal value. For
comparisons to CEP, we made
circumstance-of-sale adjustments by
deducting home-market direct selling
expenses from normal value. We
recalculated Schaeffler KG’s homemarket imputed expenses using the
interest rate we calculated based solely
on loans denominated in the currency
in which the home-market sales were
made (i.e., Euros). We also made
adjustments, when applicable, for
home-market indirect selling expenses
to offset U.S. commissions in EP and
CEP calculations.
In accordance with section
773(a)(1)(B)(i) of the Act, we based
normal value, to the extent practicable,
on sales at the same level of trade as the
EP or CEP. If normal value was
calculated at a different level of trade,
we made an adjustment, if appropriate
and if possible, in accordance with
section 773(a)(7)(A) of the Act. See
‘‘Level of Trade’’ section below.
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Constructed Value
In accordance with section 773(a)(4)
of the Act, we used constructed value as
the basis for normal value when there
were no usable sales of the foreign like
product in the comparison market. We
calculated constructed value in
accordance with section 773(e) of the
Act. We included the cost of materials
and fabrication, SG&A expenses, U.S.
packing expenses, and profit in the
calculation of constructed value. In
accordance with section 773(e)(2)(A) of
the Act, we based SG&A expenses and
profit on the amounts incurred and
realized by each respondent in
connection with the production and sale
of the foreign like product in the
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ordinary course of trade for
consumption in the home market.
When appropriate, we made
adjustments to constructed value in
accordance with section 773(a)(8) of the
Act, 19 CFR 351.410, and 19 CFR
351.412 for circumstance-of-sale
differences and level-of-trade
differences. For comparisons to EP, we
made circumstance-of-sale adjustments
by deducting home-market direct selling
expenses from and adding U.S. direct
selling expenses to constructed value.
For comparisons to CEP, we made
circumstance-of-sale adjustments by
deducting home-market direct selling
expenses from constructed value. We
also made adjustments, when
applicable, for home-market indirect
selling expenses to offset U.S.
commissions in EP and CEP
comparisons.
When possible, we calculated
constructed value at the same level of
trade as the EP or CEP. If constructed
value was calculated at a different level
of trade, we made an adjustment, if
appropriate and if possible, in
accordance with sections 773(a)(7) and
(8) of the Act.
Level of Trade
To the extent practicable, we
determined normal value for sales at the
same level of trade as the U.S. sales
(either EP or CEP). When there were no
sales at the same level of trade, we
compared U.S. sales to home-market
sales at a different level of trade. The
normal-value level of trade is that of the
starting-price sales in the home market.
When normal value is based on
constructed value, the level of trade is
that of the sales from which we derived
SG&A and profit.
To determine whether home-market
sales were at a different level of trade
than U.S. sales, we examined stages in
the marketing process and selling
functions along the chain of distribution
between the producer and the
unaffiliated customer. If the homemarket sales were at a different level of
trade from that of a U.S. sale and the
difference affected price comparability,
as manifested in a pattern of consistent
price differences between the sales on
which normal value is based and homemarket sales at the level of trade of the
export transaction, we made a level-oftrade adjustment under section
773(a)(7)(A) of the Act. See, e.g., Notice
of Final Determination of Sales at Less
Than Fair Value: Certain Cut-to-Length
Carbon Steel Plate From South Africa,
62 FR 61731, 61732 (November 19,
1997).
Where the respondent reported no
home-market levels of trade that were
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Fmt 4703
Sfmt 4703
equivalent to the CEP level of trade and
where the CEP level of trade was at a
less advanced stage than any of the
home-market levels of trade, we were
unable to calculate a level-of-trade
adjustment based on the respondent’s
home-market sales of the foreign like
product. Furthermore, we have no other
information that provides an
appropriate basis for determining a
level-of-trade adjustment. For CEP sales
in such situations, to the extent
possible, we determined normal value at
the same level of trade as the U.S. sale
to the first unaffiliated customer and
made a CEP-offset adjustment in
accordance with section 773(a)(7)(B) of
the Act. The CEP-offset adjustment to
normal value was subject to the socalled ‘‘offset cap,’’ calculated as the sum
of home-market indirect selling
expenses up to the amount of U.S.
indirect selling expenses deducted from
CEP (or, if there were no home-market
commissions, the sum of U.S. indirect
selling expenses and U.S. commissions).
For a company-specific description of
our level-of-trade analyses for these
preliminary results, see Memorandum
to Laurie Parkhill, dated concurrently
with this notice, entitled ‘‘Ball Bearings
and Parts Thereof from Various
Countries: 2009/2010 Level-of-Trade
Analysis,’’ on file in the CRU in the
General Issues record (A–100–001).
Weighted-Average Margin
In order to derive a single weightedaverage margin for each respondent, we
weight-averaged the EP and CEP
weighted-average margins (using the EP
and CEP, respectively, as the weighting
factors). To accomplish this when we
sampled CEP sales, we first calculated
the total dumping margins for all CEP
sales during the review period by
multiplying the sample CEP margins by
the ratio of total days in the review
period to days in the sample weeks. We
then calculated a total net value for all
CEP sales during the review period by
multiplying the sample CEP total net
value by the same ratio. Finally, we
divided the combined total dumping
margins for both EP and CEP sales by
the combined total value for both EP
and CEP sales to obtain the weightedaverage margin.
Preliminary Results of ChangedCircumstances Review
On January 14, 2011, Schaeffler
Technologies GmbH & Co. KG
(Schaeffler Technologies) requested that
the Department initiate a changedcircumstances review to determine
whether Schaeffler Technologies is the
successor-in-interest to Schaeffler KG.
On February 24, 2011, we initiated a
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changed-circumstances review pursuant
to the request from Schaeffler
Technologies. See Ball Bearings and
Parts Thereof From Germany: Initiation
of Antidumping Duty ChangedCircumstances Review, 76 FR 10335
(February 24, 2011). We also announced
that we would conduct the changedcircumstances review in the context of
the 2009/2010 administrative review.
In determining whether one company
is the successor to another for purposes
of applying the antidumping duty law,
the Department examines a number of
factors including, but not limited to,
changes in management, production
facilities, supplier relationships, and
customer base. See Ball Bearings and
Parts Thereof from Japan: Initiation and
Preliminary Results of ChangedCircumstances Review, 71 FR 14679,
14680 (March 23, 2006), unchanged in
Notice of Final Results of Antidumping
Duty Changed-Circumstances Review:
Ball Bearings and Parts Thereof from
Japan, 71 FR 26452 (May 5, 2006)
(collectively CCR Japan), and Industrial
Phosphoric Acid From Israel; Final
Results of Antidumping Duty Changed
Circumstances Review, 59 FR 6944
(February 14, 1994). Although no single
or even several of these factors will
necessarily provide a dispositive
indication of succession, generally the
Department will consider one company
to be a successor to another company if
its resulting operation is similar to that
of its predecessor. See CCR Japan and
Brass Sheet and Strip From Canada;
Final Results of Antidumping Duty
Administrative Review, 57 FR 20460
(May 13, 1992), at Comment 1. Thus, if
the evidence demonstrates that, with
respect to the production and sale of the
subject merchandise, the new company
operates as the same business entity as
the prior company, the Department will
assign the new company the cashdeposit rate of its predecessor. Id. See
also Circular Welded Non-Alloy Steel
Pipe From the Republic of Korea;
Preliminary Results of Antidumping
Duty Changed Circumstances Review,
63 FR 14679 (March 26, 1998),
unchanged in Circular Welded NonAlloy Steel Pipe From Korea; Final
Results of Antidumping Duty Changed
Circumstances Review, 63 FR 20572
(April 27, 1998), in which the
Department found that a company
which only changed its name and did
not change its operations is a successorin-interest to the company before it
changed its name.
In its request dated January 14, 2011,
Schaeffler Technologies provided
information to demonstrate that it is the
successor-in-interest to Schaeffler KG.
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We preliminarily determine that
Schaeffler Technologies is the
successor-in-interest to Schaeffler KG.
In its January 14, 2011, submission,
Schaeffler Technologies provided
evidence supporting its claim to be the
successor-in-interest to Schaeffler KG.
Specifically, Schaeffler Technologies
demonstrated that, while the business
concerning ball bearings conducted by
Schaeffler KG has been transferred to
Schaeffler Technologies as part of a
reorganization process, the
management, production facilities,
supplier relationships, and customer
base are materially not affected. All of
Schaeffler KG’s employees and
managers remained with Schaeffler
Technologies after the transfer was
consummated and continue to be
employed by Schaeffler Technologies.
See January 14, 2011, submission from
Schaeffler Technologies at 5. The
production facilities now used by
Schaeffler Technologies are the same as
those used by Schaeffler KG and have
not been modified or supplemented
after the transfer. Id. at 6. Schaeffler
Technologies continues to deal with the
same suppliers with which Schaeffler
KG dealt prior to the transfer and,
Schaeffler Technologies claims, any
changes in supplier relationships that
might occur stem from ordinary
commercial considerations not related
to the transfer. Id. at 6. Finally, there
have been no changes to the customer
base of Schaeffler Technologies from
that which existed under Schaeffler KG
except those that result from the normal
acquisition or loss of particular
customers in the ordinary course of
business. Id. at 6.
In summary, Schaeffler Technologies
has presented evidence to support its
claim of successorship. The record
indicates that the February 1, 2010,
transfer of Schaeffler KG’s bearings
business to Schaeffler Technologies has
not changed the operations of the
company in a meaningful way. The
management, production facilities,
supplier relationships, and customer
base of Schaeffler Technologies 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. Based on
the above, we preliminarily determine
that Schaeffler Technologies is the
successor-in-interest to Schaeffler KG.
Preliminary Results of Reviews
As a result of our reviews, we
preliminarily determine that the
following percentage weighted-average
dumping margins on ball bearings and
PO 00000
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parts thereof from various countries
exist for the period May 1, 2009,
through April 30, 2010:
Company
Margin
(percent)
FRANCE
Alcatel Vacuum Technology .....
Audi AG ....................................
AVIAC .......................................
Avio ...........................................
Bosch Rexroth SAS ..................
Caterpillar Group Services S.A.
Caterpillar Materials Routiers
S.A.S .....................................
Caterpillar S.A.R.L. ...................
Dassault Aviation ......................
Eurocopter SAS ........................
Groupe Intertechnique ..............
Kongskilde Limited ...................
Perkins Engines Company Limited ........................................
SKF France, S.A. and SKF
Aerospace S.A.S ...................
SNECMA ..................................
SNR Roulements S.A. and
SNR Europe ..........................
Technofan .................................
Volkswagon AG ........................
Volkswagen Zubehor GmbH ....
5.12
5.12
66.42
5.12
5.12
5.12
5.12
5.12
5.12
66.42
66.42
5.12
5.12
4.88
66.42
7.60
66.42
5.12
5.12
GERMANY
Audi AG ....................................
BAUER Machinen GmbH .........
Bosch Rexroth AG ....................
BSH Bosch and Siemens
Hausgerate GmbH ................
Caterpillar S.A.R.L ....................
Heidelberger Druckmaschinen
AG .........................................
Kongskilde Limited ...................
Myonic GmbH ...........................
Robert Bosch GmbH ................
Robert Bosch GmbH Power
Tools and Hagglunds Drives
The Schaeffler Group,
Schaeffler KG, and
Schaeffler Technologies
GmbH ....................................
SKF GmbH ...............................
Volkswagon AG ........................
Volkswagen Zubehor GmbH ....
W & H Dentalwerk Burmoos
GmbH ....................................
6.26
6.26
6.26
6.26
6.26
6.26
6.26
11.42
6.26
6.26
3.67
6.26
6.26
6.26
6.26
ITALY
Audi AG ....................................
Bosch Rexroth S.p.A ................
Caterpillar Overseas S.A.R.L ...
Caterpillar of Australia Pty. Ltd.
Caterpillar Group Services S.A.
Caterpillar Mexico, S.A. de C.V.
Caterpillar Americas C.V ..........
Eurocopter ................................
Hagglunds Drives S.r.l ..............
Kongskilde Limited ...................
Perkin Engines Company Limited ........................................
Schaeffler Italia S.r.l., WPB
Water Pump Bearing GmbH
& Co. KG, and The
Scchaeffler Group .................
E:\FR\FM\21APN1.SGM
21APN1
12.32
12.32
12.32
12.32
12.32
12.32
12.32
69.99
12.32
12.32
12.32
2.87
22380
Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Notices
Margin
(percent)
Company
SKF Industries S.p.A., Somecat
S.p.A., and SKF RIV–SKF
Officine di Villar Perosa
S.p.A .....................................
SNECMA ..................................
Volkswagen AG ........................
Volkswagen Zubehor GmbH ....
14.50
69.99
12.32
12.32
JAPAN
Asahi Seiko Co., Ltd .................
Audi AG ....................................
Bosch Corporation ....................
Bosch Packaging Technology
K.K ........................................
Bosch Rexroth Corporation ......
Caterpillar Japan Ltd ................
Caterpillar Overseas S.A.R.L ...
Caterpillar Group Services S.A.
Caterpillar Brazil Ltd .................
Caterpillar Africa Pty. Ltd .........
Caterpillar of Australia Pty. Ltd.
Caterpillar S.A.R.L ....................
Caterpillar Americas Mexico, S.
de R.L. de C.V ......................
Caterpillar Logistics Services
China Ltd ...............................
Caterpillar Mexico, S.A. de C.V.
Hagglunds Ltd ..........................
Hino Motors Ltd. .......................
JTEKT Corporation (formerly
known as Koyo Seiko Co.) ...
Kongskilde Limited ...................
3.46
11.36
11.36
11.36
11.36
11.36
11.36
11.36
11.36
11.36
11.36
11.36
11.36
11.36
11.36
11.36
11.36
11.36
11.36
Mazda Motor Corporation .........
Mori Seiki Co., Ltd ....................
Nachi-Fujikoshi Corporation .....
Nissan Motor Company, Ltd .....
NSK Ltd ....................................
NTN Corporation and NTN
Kongo Corporation 13.43.
Perkins Engines Company Limited ........................................
Tsubakimoto Precision Products Co., Ltd ..........................
Volkswagen AG ........................
Volkswagen Zubehor GmbH ....
Yamazaki Mazak Trading Corporation .................................
11.36
3.50
11.36
11.36
9.28
11.36
73.55
11.36
11.36
11.36
UNITED KINGDOM
Alcatel Vacuum Technology .....
Bosch Rexroth Ltd ....................
Caterpillar S.A.R.L ....................
Caterpillar Group Services S.A.
Caterpillar of Australia Pty Ltd.
Caterpillar Overseas S.A.R.L ...
Caterpillar Marine Power UK ....
NSK Bearings Europe Ltd ........
Perkins Engines Company Ltd.
SKF (U.K.) Limited and SKF
Aeroengine Bearings U.K .....
SNR UK ....................................
Case
5.90
5.90
5.90
5.90
5.90
5.90
5.90
5.90
5.90
5.90
5
We will disclose the calculations we
used in our analysis to parties to these
reviews within five days of the date of
publication of this notice. See 19 CFR
351.224(b). Any interested party may
request a hearing within 30 days of the
date of publication of this notice. See 19
CFR 351.310(c). If requested, a generalissues hearing and any hearings
regarding issues related solely to
specific countries will be held at the
main Department building at times and
locations to be determined.
Interested parties who wish to request
a hearing or to participate if one is
requested must submit a written request
to the Assistant Secretary for Import
Administration within 30 days of the
date of publication of this notice. See 19
CFR 351.310(c). Requests should
contain the following: (1) The party’s
name, address, and telephone number;
(2) the number of participants; (3) a list
of issues to be discussed.
Issues raised in hearings will be
limited to those raised in the respective
case briefs. Case briefs from interested
parties and rebuttal briefs, limited to the
issues raised in the respective case
briefs, may be submitted not later than
the following dates:
Briefs due
France ........................................................................................................
Germany 6 ...................................................................................................
Italy .............................................................................................................
Japan ..........................................................................................................
United Kingdom ..........................................................................................
General Issues ...........................................................................................
May 31, 2011
May 31, 2011
May 31, 2011
May 31, 2011
June 3, 2011
June 6, 2011
Rebuttals due
.............................................................................................
.............................................................................................
............................................................................................
............................................................................................
.............................................................................................
.............................................................................................
June
June
June
June
June
June
6, 2011.
6, 2011.
6, 2011.
7, 2011.
13, 2011.
13, 2011.
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 these preliminary results
of reviews for which the reviewed
companies did not know their
merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the country-specific all-others
rate if there is no rate for the
intermediate company(ies) involved in
the transaction. For a full discussion of
this clarification, see May 2003
clarification, 68 FR 23954.
For the companies which were not
selected for individual examination and
for the companies to which we are
applying AFA, we will instruct CBP to
apply the rates listed above to all entries
of subject merchandise produced and/or
exported by such firms.
Consistent with the May 2003
clarification, for SNR UK which claimed
it had no shipments of subject
merchandise to the United States, if
there are any entries of subject
merchandise produced by SNR UK into
the United States, we will instruct CBP
to liquidate the unreviewed entries of
merchandise at the applicable all-others
rate.
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of these
reviews.
5 No shipments or sales subject to this review.
The firm has an individual rate from the last
segment of the proceeding in which the firm had
shipments.
6 Briefs should include any comments with
respect to the changed-circumstances review
concerning Schaeffler Technologies GmbH.
Parties who submit case briefs (see 19
CFR 351.309(c)) or rebuttal briefs (see 19
CFR 351.309(d)) in these proceedings
are requested to submit with each
argument (1) a statement of the issue
and (2) a brief summary of the
argument. Parties are also encouraged to
provide a summary of the arguments not
to exceed five pages and a table of
statutes, regulations, and cases cited.
The Department intends to issue the
final results of these administrative and
changed-circumstances reviews,
including the results of its analysis of
issues raised in any such written briefs
or at the hearings, if held, within 120
days of the date of publication of this
notice.
emcdonald on DSK2BSOYB1PROD with NOTICES
Comments
Margin
(percent)
Company
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21APN1
Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Notices
Export-Price Sales
With respect to EP sales, for these
preliminary results, we divided the total
dumping margins (calculated as the
difference between normal value and
EP) for each examined exporter’s
importer or customer by the total
number of units the exporter sold to that
importer or customer. We will direct
CBP to assess the resulting per-unit
dollar amount against each unit of
merchandise in each of that importer’s/
customer’s entries under the relevant
order during the review period.
Constructed Export-Price Sales
For CEP sales (sampled and nonsampled), we divided the total dumping
margins for the reviewed sales by the
total entered value of those reviewed
sales for each importer. We will direct
CBP to assess the resulting percentage
margin against the entered customs
values for the subject merchandise on
each of that importer’s entries under the
relevant order during the review period.
See 19 CFR 351.212(b).
emcdonald on DSK2BSOYB1PROD with NOTICES
Cash-Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
reviews for all shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication, as provided
by section 751(a)(1) of the Act: (1) The
cash-deposit rates for the reviewed
companies will be the rates established
in the final results of the reviews; (2) for
previously reviewed or investigated
companies not listed above, the cashdeposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in these reviews, a
prior review, or the less-than-fair-value
investigations but the manufacturer is,
the cash-deposit rate will be the rate
established for the most recent period
for the manufacturer of the
merchandise; (4) the cash-deposit rate
for all other manufacturers or exporters
will continue to be the all-others rate for
the relevant order made effective by the
final results of reviews published on
July 26, 1993. See Final Results of
Antidumping Duty Administrative
Reviews and Revocation in Part of an
Antidumping Duty Order, 58 FR 39729
(July 26, 1993). For ball bearings from
Italy, see Antifriction Bearings (Other
Than Tapered Roller Bearings) and
Parts Thereof From France, et al.; Final
Results of Antidumping Duty
Administrative Reviews and Partial
Termination of Administrative Reviews,
61 FR 66472, 66521 (December 17,
VerDate Mar<15>2010
16:37 Apr 20, 2011
Jkt 223001
1996). These rates are the all-others
rates from the relevant less-than-fairvalue investigations. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
These preliminary results of
administrative reviews and preliminary
results of changed-circumstances review
are issued and published in accordance
with sections 751(a)(1), 751(b)(1), and
777(i)(1) of the Act.
Dated: April 14, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–9721 Filed 4–20–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
National Fire Codes: Request for
Comments on NFPA Technical
Committee Reports
National Institute of Standards
and Technology, Commerce.
ACTION: Notice.
AGENCY:
The National Institute of
Standards and Technology (NIST) is
publishing this notice on behalf of the
National Fire Protection Association
(NFPA) to announce the availability of
and request comments on the technical
reports that will be presented at NFPA’s
2012 Annual Revision Cycle.
DATES: Thirty-eight reports are
published in the 2012 Annual Cycle
Report on Proposals and will be
available on June 24, 2011. Comments
received by 5 p.m. EST/EDST on or
before August 30, 2011 will be
considered by the respective NFPA
Committees before final action is taken
on the proposals.
ADDRESSES: The 2012 Annual Revision
Cycle Report on Proposals is available
and downloadable from NFPA’s Web
site—https://www.nfpa.org, or by
requesting a copy from the NFPA,
SUMMARY:
PO 00000
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22381
Fulfillment Center, 11 Tracy Drive,
Avon, Massachusetts 02322. Comments
on the report should be submitted to
Amy Beasley Cronin, Secretary,
Standards Council, NFPA, 1
Batterymarch Park, Quincy,
Massachusetts 02169–7471.
FOR FURTHER INFORMATION CONTACT:
Amy Beasley Cronin, Secretary,
Standards Council, NFPA, 1
Batterymarch Park, Quincy,
Massachusetts 02169–7471, (617) 770–
3000.
SUPPLEMENTARY INFORMATION:
Since 1896, the National Fire
Protection Association (NFPA) has
accomplished its mission by advocating
scientifically based consensus codes
and standards, research, and education
for safety related issues. NFPA’s
National Fire Codes®, which holds over
290 documents, are administered by
more than 238 Technical Committees
comprised of approximately 7,200
volunteers and are adopted and used
throughout the world. NFPA is a
nonprofit membership organization
with approximately 80,000 members
from over 70 nations, all working
together to fulfill the Association’s
mission.
The NFPA process provides ample
opportunity for public participation in
the development of its codes and
standards. All NFPA codes and
standards are revised and updated every
three to five years in Revision Cycles
that begin twice each year and that take
approximately two years to complete.
Each Revision Cycle proceeds according
to a published schedule that includes
final dates for all major events in the
process. The code revision Process
contains five basic steps that are
followed for developing new documents
as well as revising existing documents:
Call for Proposals; Report on Proposals
(ROP); Call for Comments on the
Committee’s disposition of the
Proposals and publication of these
Comments in the Report on Comments
(ROC); the Association Technical
Meeting at the NFPA Conference &
Expo; and finally, the Standards Council
Consideration and Issuance of
documents.
NOTE: NFPA rules state that, anyone
wishing to make Amending Motions on
the Technical Committee Reports (ROP
and ROC) must signal his or her
intention by submitting a Notice of
Intent to Make a Motion by the Deadline
of 5 p.m. EST/EDST on or before April
6, 2012. Certified motions will be posted
by May 4, 2012. Documents that receive
notice of proper Amending Motions
(Certified Amending Motions) will be
presented for action at the Annual 2012
E:\FR\FM\21APN1.SGM
21APN1
Agencies
[Federal Register Volume 76, Number 77 (Thursday, April 21, 2011)]
[Notices]
[Pages 22372-22381]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9721]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-801, A-428-801, A-475-801, A-588-804, A-412-801]
Ball Bearings and Parts Thereof From France, Germany, Italy,
Japan, and the United Kingdom: Preliminary Results of Antidumping
Administrative and Changed-Circumstances Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (the Department) is conducting administrative
reviews of the antidumping duty orders on ball bearings and parts
thereof from France, Germany, Italy, Japan, and the United Kingdom for
the period May 1, 2009, through April 30, 2010. We have preliminarily
determined that sales have been made below normal value by certain
companies subject to these reviews. We have also preliminarily
determined that Schaeffler Technologies GmbH & Co. KG is the successor-
in-interest to Schaeffler KG with respect to the order on ball bearings
and parts thereof from Germany.
We invite interested parties to comment on these preliminary
results. Parties who submit comments in these reviews are requested to
submit with each argument (1) a statement of the issue and (2) a brief
summary of the argument.
DATES: Effective Date: April 21, 2011.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, 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.
SUPPLEMENTARY INFORMATION:
Background
On May 15, 1989, the Department published the antidumping duty
orders on ball bearings and parts thereof from France (54 FR 20902),
Germany (54 FR 20900), Italy (54 FR 20903), Japan (54 FR 20904), and
the United Kingdom (54 FR 20910) in the Federal Register. On June 30,
2010, in accordance with 19 CFR 351.221(b), we published a notice of
initiation of administrative reviews of 133 companies subject to these
orders. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 75 FR 37759
(June 30, 2010) (Initiation Notice).
Subsequent to the initiation of these reviews we published in the
Federal Register the final results of the 2008-2009 administrative
reviews of the orders, in which we revoked the antidumping duty order
on ball bearings and parts thereof from the United Kingdom, in part,
with respect to merchandise exported or sold by The Barden Corporation
(U.K.) Limited and Schaeffler (U.K.) Limited (The Schaeffler Group)
effective May 1, 2009.\1\ As a result we rescinded the 2009-2010
administrative review of the order on merchandise from the United
Kingdom.\2\ We have also rescinded the administrative reviews with
respect to 34 other companies based on the withdrawals of the
applicable requests for reviews. See Rescission.
---------------------------------------------------------------------------
\1\ See Ball Bearings and Parts Thereof From France, et al.:
Final Results of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and Revocation of an Order
in Part, 75 FR 53661 (September 1, 2010) (AFBs 20).
\2\ See Ball Bearings and Parts Thereof From France, et al.:
Partial Rescission of Antidumping Duty Administrative Review, 75 FR
69402 (November 12, 2010), and Ball Bearings and Parts Thereof From
France: Partial Rescission of Antidumping Duty Administrative
Review, 76 FR 327 (January 4, 2011) (collectively Rescission).
---------------------------------------------------------------------------
On January 14, 2011, we issued a notice of extension of the
deadline for completion of the preliminary results of reviews from
January 31, 2011, to March 17, 2011. See Ball Bearings and Parts
Thereof From France, et al.: Extension of Time Limit for Preliminary
Results of Antidumping Duty Administrative Reviews, 76 FR 2647 (January
14, 2011). On March 22, 2011, we issued a second notice of extension of
the deadline for completion of the preliminary results of reviews from
March 17, 2011, to April 18, 2011. See Ball Bearings and Parts Thereof
From France, et al.: Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative and Changed-Circumstances Reviews, 76
FR 15940 (March 22, 2011).
The period of review is May 1, 2009, through April 30, 2010. The
Department is conducting 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, 8414.90.41.75,
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,
[[Page 22373]]
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 2009/2010 reviews, dated concurrently with this notice, which
is on file in the Central Records Unit (CRU) of the main Commerce
building, room 7046, in the General Issues record (A-100-001).
Selection of Respondents
Due to the large number of companies in the reviews and the
resulting administrative burden to examine each company for which a
request had been made and not withdrawn, the Department exercised its
authority to limit the number of respondents selected for individual
examination in these reviews. Where it is not practicable to examine
all known exporters/producers of subject merchandise because of the
large number of such companies, section 777A(c)(2) of the Act allows
the Department to limit its examination to either a sample of
exporters, producers, or types of products that is statistically valid,
based on the information available at the time of selection, or
exporters and producers accounting for the largest volume of subject
merchandise from the exporting country that can be reasonably examined.
Accordingly, in June 2010 we requested information concerning the
quantity and value of sales to the United States from the 133
exporters/producers for which we had initiated reviews. We received
responses from most of the exporters/producers subject to the reviews;
some companies withdrew their requests for review and some companies
did not respond to our request for information.\3\ Based on our
analysis of the responses and our available resources, we chose to
examine the sales of certain companies. See Memoranda to Laurie
Parkhill, dated August 18, 2010, for the detailed analysis of the
selection process for each country-specific review. We selected the
following companies for individual examination:
---------------------------------------------------------------------------
\3\ See ``Use of Facts Otherwise Available section.''
------------------------------------------------------------------------
Country Company
------------------------------------------------------------------------
France.............................. SKF France S.A. and SKF Aerospace
France S.A.S (SKF France) SNR
Roulements S.A./SNR Europe (SNR).
Germany............................. Schaeffler KG myonic GmbH
(myonic).
Italy............................... Schaeffler Italia S.r.l.
(formerly FAG Italia S.p.A.) SKF
Industrie S.p.A./Somecat S.p.A.
(SKF Italy).
Japan............................... NTN Corporation (NTN) NSK Ltd.
United Kingdom...................... Barden Corporation (U.K.) Limited
and Schaeffler (U.K.) Limited \4\
NSK Bearings Europe Ltd. (NSK
U.K.).
------------------------------------------------------------------------
Non-Selected Respondents
For the respondents we did not examine individually in the
administrative reviews of the orders on merchandise from France,
Germany, and Italy, we cannot apply our normal methodology of
calculating a weighted-average margin using the results of the reviews
for the two respondents we selected in each review for individual
examination due to their requests to protect their business-proprietary
information. In such situations, it is our normal practice to calculate
a weighted-average margin using the publicly available U.S. sales
values and antidumping duty margins of the two selected respondents or
to use the simple average of their margins, depending on which result
is closer to the actual weighted-average margin of the companies in
question. See AFBs 20 and accompanying Issues and Decision Memorandum
at Comment 1.
---------------------------------------------------------------------------
\4\ Revocation resulted in rescission of the review with respect
to these firms. See ``Background'' section above and Rescission.
---------------------------------------------------------------------------
For responding companies in the administrative reviews of the
orders on subject merchandise from France, Germany, and Italy that were
not individually examined, we have used weighted-average margins and
the publicly available U.S. sales values of the two selected
respondents in each respective review to calculate the weighted-average
margin. Therefore, we have applied, for these preliminary results, the
rate of 5.12 percent (France), the rate of 6.26 percent (Germany), and
the rate of 12.32 percent (Italy) to the firms not individually
examined in the respective reviews. See the country-specific Memoranda
to the File concerning Respondents Not Selected for Individual
Examination for France, Germany, and Italy dated concurrently with this
notice for an explanation of our calculations.
With respect to the responding companies which remain under review
and which we did not select for individual examination in the review of
the order on subject merchandise from the United Kingdom, we have
assigned the margin we have calculated for NSK U.K. of 5.90 percent to
these firms because, after rescission of the review with respect to
Barden Corporation (U.K.) Limited and Schaeffler (U.K) Limited, NSK
U.K. was the sole remaining company selected for individual
examination. With respect to the responding companies which remain
under review and which we did not select for individual examination in
the review of the order on subject merchandise from Japan, because we
do not have publicly available information on U.S. sales value for one
of the selected respondents, we have assigned to the non-selected
respondents the simple-average margin of the two respondents selected
for individual examination; that rate is 11.36 percent.
Voluntary Respondents
We received voluntary responses from Asahi Seiko Co., Ltd. (Asahi),
and Mori Seiki Co., Ltd., with respect to the review of the order on
merchandise from Japan. Due to changes in our workload since our
initial selection of respondents for individual examination, we decided
to treat these firms as firms selected for individual examination as
well. See Memorandum to Laurie Parkhill dated November 15, 2010.
No-Shipments Respondent
On July 15, 2010, SNR UK submitted a letter indicating that it made
no sales to the United States during the period of review. We have not
received any comments on SNR UK's submission. We confirmed SNR UK's
claim of no shipments by issuing a ``No-Shipments Inquiry'' to U.S.
Customs and Border Protection (CBP) on March 18, 2011.
With regard to SNR UK's claim of no shipments, our practice since
implementation of the 1997 regulations concerning no-shipments
respondents has been to rescind the administrative review if the
respondent certifies that it had no shipments and we have confirmed
through our examination of CBP data that there were no shipments of
subject merchandise during the POR. See Antidumping Duties;
Countervailing Duties, 62 FR 27296, 27393 (May 19, 1997), and Oil
Country Tubular Goods from Japan: Preliminary Results of Antidumping
Duty Administrative Review and Partial Rescission of Review, 70 FR
53161, 53162 (September 7, 2005), unchanged in Oil Country Tubular
Goods from Japan: Final Results and Partial Rescission of Antidumping
Duty Administrative Review, 71 FR 95 (January 3, 2006). As a result, in
such circumstances, we normally instruct CBP to liquidate any entries
from the no-shipment company
[[Page 22374]]
at the deposit rate in effect on the date of entry.
In our May 6, 2003, ``automatic assessment'' clarification, we
explained that, where respondents in an administrative review
demonstrate that they had no knowledge of sales through resellers to
the United States, we would instruct CBP to liquidate such entries at
the all-others rate applicable to the proceeding. See Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (May 2003 clarification).
Based on SNR UK's assertion of no shipments and no indication from
CBP that there are suspended entries of subject merchandise from SNR
UK, we preliminarily determine that SNR UK had no sales to the United
States during the POR.
Because ``as entered'' liquidation instructions do not alleviate
the concerns which the May 2003 clarification was intended to address,
we find it appropriate in this case to instruct CBP to liquidate any
existing entries of merchandise produced by SNR UK at the all-others
rate should we continue to find at the time of our final results that
SNR UK had no shipments of subject merchandise from the United Kingdom.
See Magnesium Metal From the Russian Federation: Preliminary Results of
Antidumping Duty Administrative Review, 75 FR 26922, 26933 (May 13,
2010), unchanged in Magnesium Metal From the Russian Federation: Final
Results of Antidumping Duty Administrative Review, 75 FR 56989
(September 17, 2010). See also Certain Frozen Warmwater Shrimp from
India: Partial Rescission of Antidumping Duty Administrative Review, 73
FR 77610, 77612 (December 19, 2008). In addition, the Department finds
that it is more consistent with the May 2003 clarification not to
rescind the review in part in these circumstances but, rather, to
complete the review with respect to SNR UK and issue appropriate
instructions to CBP based on the final results of the review. See the
``Assessment Rates'' section of this notice below.
Verification
As provided in section 782(i) of the Act, we have verified
information provided by NSK Ltd. and Schaeffler KG.
We conducted these verifications using standard verification
procedures including the examination of relevant sales and financial
records and the selection and review of original documentation
containing relevant information. Our verification results are outlined
in the public versions of our verification reports which are on file in
CRU, room 7046 of the main Department building.
Use of Facts Otherwise Available
For the reasons discussed below, we determine that the use of
adverse facts available (AFA) is appropriate for the preliminary
results of reviews with respect to several companies.
A. Use of Facts Available
Section 776(a)(2) of the Act provides that, if an interested party
withholds information requested by the administering authority, fails
to provide such information by the deadlines for submission of the
information and in the form or manner requested, subject to subsections
(c)(1) and (e) of section 782 of the Act, significantly impedes a
proceeding under this title, or provides such information but the
information cannot be verified as provided in section 782(i) of the
Act, the administering authority shall use, subject to section 782(d)
of the Act, facts otherwise available in reaching the applicable
determination. Section 782(d) of the Act provides that, if the
administering authority determines that a response to a request for
information does not comply with the request, the administering
authority shall promptly inform the responding party and, to the extent
practicable, provide an opportunity to remedy the deficient submission.
If the party fails to remedy the deficiency within the applicable time
limits, the Department may disregard, subject to section 782(e) of the
Act, all or part of the original and subsequent responses, as
appropriate. Section 782(e) of the Act provides that the Department
``shall not decline to consider information that is submitted by an
interested party and is necessary to the determination but does not
meet all the applicable requirements established by the administering
authority'' if the information is timely, can be verified, and is not
so incomplete that it cannot be used and if the interested party acted
to the best of its ability in providing the information. Where all of
these conditions are met, the statute requires the Department to use
the information if it can do so without undue difficulties.
The following companies did not respond to our request to provide
information concerning the quantity and value of their U.S. sales:
France--AVIAC, Eurocopter SAS, Groupe Intertechnique, SNECMA, and
Tecnofan; Italy--Eurocopter and SNECMA; Japan--Tsubakimoto. Because
these companies did not respond to our request, we could not determine
whether and to what extent these companies participated in sales of
subject merchandise to the U.S. market. Moreover, because these
companies failed to provide the information requested and thus
significantly impeded the respective country-specific reviews, we find
that we must base their margins on facts otherwise available. See
section 776(a) of the Act.
B. Application of Adverse Inferences for Facts Available
In applying the facts otherwise available, section 776(b) of the
Act provides that, if the administering authority finds that an
interested party has failed to cooperate by not acting to the best of
its ability to comply with a request for information from the
administering authority, in reaching the applicable determination under
this title, the administering authority may use an adverse inference in
selecting from among the facts otherwise available. See, e.g., Notice
of Final Results of Antidumping Duty Administrative Review, and Final
Determination to Revoke the Order In Part: Individually Quick Frozen
Red Raspberries from Chile, 72 FR 70295, 70297 (December 11, 2007)
(Raspberries from Chile Final), and Notice of Preliminary Determination
of Sales at Less Than Fair Value, and Postponement of Final
Determination: Certain Circular Welded Carbon-Quality Line Pipe From
Mexico, 69 FR 59892, 59896 (October 6, 2004).
Adverse inferences are appropriate ``to ensure that the party does
not obtain a more favorable result by failing to cooperate than if it
had cooperated fully.'' See Notice of Preliminary Results of
Antidumping Duty Administrative Review, Notice of Partial Rescission of
Antidumping Duty Administrative Review, Notice of Intent to Revoke in
Part: Certain Individually Quick Frozen Red Raspberries from Chile, 72
FR 44112, 44114 (August 7, 2007) (unchanged in Raspberries from Chile
Final, 72 FR at 70297). Further, ``affirmative evidence of bad faith on
the part of a respondent is not required before the Department may make
an adverse inference.'' See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27340 (May 19, 1997). See also Nippon Steel Corp. v.
United States, 337 F.3d 1373, 1380-84 (CAFC 2003).
Because the non-responding companies did not provide requested data
concerning their sales of subject merchandise to the United States
during the period of review, we determine that they have failed to
cooperate by not
[[Page 22375]]
acting to the best of their ability. See Antifriction Bearings and
Parts Thereof From France, et al.: Final Results of Antidumping Duty
Administrative Reviews, Rescission of Administrative Reviews in Part,
and Determination To Revoke Order in Part, 69 FR 55574 (September 15,
2004) (AFBs 14). Therefore, we conclude that the use of an adverse
inference is warranted in applying facts otherwise available to these
companies.
C. Selection and Corroboration of Information Used as Facts Available
As facts available with an adverse inference, we have selected the
rates of 66.42 percent for AVIAC, Eurocopter SAS, Groupe
Intertechnique, SNECMA, and Technofan (France), 69.99 percent for
Eurocopter SAS and SNECMA (Italy), and 73.55 percent for Tsubakimoto
(Japan). These rates represent the highest rates calculated in the
history of the respective proceedings and are from the respective less-
than-fair-value investigations for each country. See Final
Determinations of Sales at Less Than Fair Value: Antifriction Bearings
(Other Than Tapered Roller Bearings) and Parts Thereof From France, 54
FR 19092, 19096 (May 3, 1989), Final Determinations of Sales at Less
Than Fair Value: Antifriction Bearings (Other Than Spherical Plain and
Tapered Roller Bearings) and Parts Thereof From Italy; and Final
Determination of Sales at Not Less Than Fair Value; Spherical Plain
Bearings and Parts Thereof, From Italy, 54 FR 19096, 19101 (May 3,
1989), and Final Determinations of Sales at Less Than Fair Value;
Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts
Thereof From Japan, 54 FR 19101, 19108 (May 3, 1989).
Section 776(c) of the Act provides that the Department shall
corroborate, to the extent practicable, secondary information used for
facts available by reviewing independent sources reasonably at its
disposal. Information from a prior segment of the proceeding
constitutes secondary information. See Certain Frozen Warmwater Shrimp
from Brazil: Final Results and Partial Rescission of Antidumping Duty
Administrative Review, 73 FR 39940 (July 11, 2008). The word
``corroborate'' means that the Department will satisfy itself that the
secondary information to be used has probative value.
To corroborate secondary information, the Department will examine,
to the extent practicable, the reliability and relevance of the
information used. Unlike other types of information such as input costs
or selling expenses, however, there are no independent sources for
calculated dumping margins. The only source for margins is
administrative determinations. Thus, with respect to an administrative
review, if we choose as facts available a calculated dumping margin
from a prior segment of the proceeding, it is our practice to find the
margin for that time period reliable. See, e.g., AFBs 14, 69 FR at
55577. With respect to the relevance aspect of corroboration, the
Department will consider information reasonably at its disposal as to
whether there are circumstances that would render a margin not
relevant. Where circumstances indicate that the selected margin is not
appropriate as AFA, the Department will disregard the margin and
determine an appropriate margin. See Fresh Cut Flowers From Mexico;
Final Results of Antidumping Duty Administrative Review, 61 FR 6812,
6814 (February 22, 1996) (the Department disregarded the highest
dumping margin as best information available because the margin was
based on another company's uncharacteristic business expense resulting
in an unusually high margin).
We find that the rates we are using for these preliminary results,
as identified above, have probative value and, therefore, are
appropriate rates for use as AFA. All rates fell within the range of
margins we calculated for companies in the respective country-specific
administrative reviews and there is no information on the record of the
reviews that demonstrates that the selected rates are not appropriate
AFA rates for the non-responsive firms.
For more detail concerning the corroboration of the AFA rates, see
the country-specific Memoranda to Laurie Parkhill, dated concurrently
with this notice.
Export Price and Constructed Export Price
For the price to the United States, we used export price (EP) or
constructed export price (CEP) as defined in sections 772(a) and (b) of
the Act, as appropriate. Due to the extremely large volume of U.S.
transactions that occurred during the period of review and the
resulting administrative burden involved in calculating individual
margins for all of these transactions, we sampled CEP sales in
accordance with section 777A of the Act. When a selected firm made more
than 10,000 CEP sales transactions to the United States of merchandise
subject to a particular order, we reviewed CEP sales that occurred
during sample weeks. We selected one week from each two-month period in
the review period, for a total of six weeks, and analyzed each
transaction made in those six weeks. The sample weeks are as follows:
June 7, 2009-June 13, 2009; July 5, 2009-July 11, 2009; October 18,
2009-October 24, 2009; November 1, 2009-November 7, 2009; January 10,
2010-January 16, 2010; March 28, 2010-April 3, 2010. We reviewed all EP
sales transactions which the respondents we selected for individual
examination made during the period of review.
We calculated EP and CEP based on the packed F.O.B., C.I.F., or
delivered price to unaffiliated purchasers in, or for exportation to,
the United States. We made deductions, as appropriate, for discounts
and rebates. See 19 CFR 351.401(c) and 351.102(b)(38). We also made
deductions for any movement expenses in accordance with section
772(c)(2)(A) of the Act.
Certain companies received freight revenues or packing revenues
from the customer for certain U.S. sales. In Certain Orange Juice from
Brazil: Final Results and Partial Rescission of Antidumping Duty
Administrative Review, 73 FR 46584 (August 11, 2008) (OJ Brazil), and
accompanying Issues and Decision Memorandum at Comment 7 and in
Polyethylene Retail Carrier Bags from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review, 74 FR 6857
(February 11, 2009) (PRC Bags), and accompanying Issues and Decision
Memorandum at Comment 6, the Department determined to treat such
revenues as an offset to the specific expenses for which they were
intended to compensate. Accordingly, we have used the revenues of the
particular respondents as an offset to their respective expenses.
Consistent with section 772(d)(1) of the Act, we calculated CEP by
deducting selling expenses associated with economic activities
occurring in the United States which includes commissions, direct
selling expenses, and U.S. repacking expenses. In accordance with
sections 772(d)(1) and (2) of the Act, we also deducted those indirect
selling expenses associated with economic activities occurring in the
United States and the profit allocated to expenses deducted under
section 772(d)(1) of the Act in accordance with sections 772(d)(3) and
772(f) of the Act. In accordance with section 772(f) of the Act, we
computed profit based on the total revenues realized on sales in both
the U.S. and home markets, less all expenses associated with those
sales. We then allocated profit to expenses incurred with respect to
U.S. economic activity based on the ratio of total U.S. expenses to
total expenses for both the U.S. and
[[Page 22376]]
home markets. Finally, we made an adjustment for profit allocated to
these expenses in accordance with section 772(d)(3) of the Act.
With respect to NTN, because it reported fiscal-year expenses, we
recalculated technical-service expenses, certain U.S. inland-freight
expenses, indirect selling expenses, and repacking expenses using an
allocation on the basis of fiscal-year value of sales instead of its
reported allocation on the basis of value of sales during the period of
review. Also, with respect to NTN, we recalculated the reported
inventory-carrying costs consistent with the methodology described in
Ball Bearings and Parts Thereof From France, et al.: Final Results of
Antidumping Duty Administrative Reviews and Rescission of Reviews in
Part, 73 FR 52823 (September 11, 2008) (AFBs 18), and accompanying
Issues and Decision Memorandum at Comment 13.
With respect to SNR, because it reported inland-freight expenses
and international-freight expenses applicable to its U.S. sales on the
basis of value, we recalculated these expenses on the basis of weight.
See Ball Bearings and Parts Thereof from France, et al.: Preliminary
Results of Antidumping Duty Administrative Reviews, 71 FR 12170, 12173
(March 9, 2006), unchanged in Ball Bearings and Parts Thereof from
France, et al.: Final Results of Antidumping Duty Administrative
Reviews, 71 FR 40064 (July 14, 2006) (AFBs 16), and accompanying Issues
and Decision Memorandum at Comment 6.
With respect to NSK Ltd., we reclassified certain expenses
associated with Japanese workers in the United States as indirect
selling expenses and deducted them from CEP consistent with the
methodology described in AFBs 16 and accompanying Issues and Decision
Memorandum at Comment 26.
With respect to subject merchandise to which value was added in the
United States prior to sale to unaffiliated U.S. customers, e.g., parts
of bearings that were imported by U.S. affiliates of foreign exporters
and then further processed into other products which were then sold to
unaffiliated parties, we determined that the special rule for
merchandise with value added after importation under section 772(e) of
the Act applied to all firms that added value in the United States with
the exception of Asahi.
Section 772(e) of the Act provides that, when the subject
merchandise is imported by an affiliated person and the value added in
the United States by the affiliated person is likely to exceed
substantially the value of the subject merchandise, we shall determine
the CEP for such merchandise using the price of identical or other
subject merchandise sold by the exporter or producer to an unaffiliated
customer if there is a sufficient quantity of sales to provide a
reasonable basis for comparison and we determine that the use of such
sales is appropriate. If there is not a sufficient quantity of such
sales or if we determine that using the price of identical or other
subject merchandise is not appropriate, we may use any other reasonable
basis to determine CEP.
To determine whether the value added is likely to exceed
substantially the value of the subject merchandise, we estimated the
value added based on the difference between the averages of the prices
charged to the first unaffiliated purchaser for the merchandise as sold
in the United States and the averages of the prices paid for the
subject merchandise by the affiliated purchaser. Based on this
analysis, we determined that the estimated value added in the United
States by the further-manufacturing firms accounted for at least 65
percent of the price charged to the first unaffiliated customer for the
merchandise as sold in the United States. See 19 CFR 351.402(c) for an
explanation of our practice on this issue. Therefore, we preliminarily
determine that the value added is likely to exceed substantially the
value of the subject merchandise for Mori Seiki Co., Ltd., NSK Ltd.,
NSK U.K., NTN, Schaeffler KG, SKF France, and SKF Italy. Also, for
these firms, we determine that there was a sufficient quantity of sales
remaining to provide a reasonable basis for comparison and that the use
of these sales is appropriate. For the analysis of the decision not to
require further-manufactured data, see the Department's company-
specific preliminary analysis memoranda dated concurrently with this
notice. Accordingly, for purposes of determining dumping margins for
the sales subject to the special rule, we have used the weighted-
average dumping margins calculated on sales of identical or other
subject merchandise sold to unaffiliated persons.
For Asahi, we determined that the special rule did not apply
because the value added in the United States did not exceed
substantially the value of the subject merchandise. Consequently, Asahi
submitted responses to our further-manufacturing questionnaire which
included the costs of the further processing performed by Asahi in the
United States. We analyzed these sales in the same manner as non-
further-manufactured products but deducted the value of further
manufacturing incurred in the United States and an amount for profit
attributable to the further manufacturing. We used the data reported in
Asahi's questionnaire responses to calculate the further-manufacturing
expense which we deducted from U.S. prices.
There were no other claimed or allowed adjustments to EP or CEP
sales by the respondents. For further descriptions of our analysis, see
the company-specific preliminary analysis memoranda dated concurrently
with this notice.
Home-Market Sales
Based on a comparison of the aggregate quantity of home-market and
U.S. sales and absent any information that a particular market
situation in the exporting country did not permit a proper comparison,
we determined that the quantity of foreign like product sold by all
respondents in the exporting country was sufficient to permit a proper
comparison with the sales of the subject merchandise to the United
States pursuant to section 773(a)(1) of the Act. Each company's
quantity of sales in its home market was greater than five percent of
its sales to the U.S. market. Therefore, in accordance with section
773(a)(1)(B)(i) of the Act, we based normal value on the prices at
which the foreign like product was first sold for consumption in the
exporting country in the usual commercial quantities and in the
ordinary course of trade and, to the extent practicable, at the same
level of trade as the EP or CEP sales.
Due to the extremely large number of home-market transactions that
occurred during the period of review and the resulting administrative
burden involved in examining all of these transactions, we sampled
sales to calculate normal value in accordance with section 777A of the
Act. When a selected firm had more than 10,000 home-market sales
transactions on a country-specific basis, we used sales in sample
months that corresponded to the sample weeks which we selected for U.S.
CEP sales, sales in a month prior to the period of review, and sales in
the month following the period of review. The sample months were March
2009, June 2009, July 2009, October 2009, November 2009, January 2010,
March 2010, and June 2010.
The Department may calculate normal value based on a sale to an
affiliated party only if it is satisfied that the price to the
affiliated party is comparable to the price at which sales are made to
parties not affiliated with the exporter or producer, i.e., sales were
made at
[[Page 22377]]
arm's-length prices. See 19 CFR 351.403(c). We excluded from our
analysis sales to affiliated customers for consumption in the home
market that we determined not to be at arm's-length prices. To test
whether these sales were made at arm's-length prices, we compared the
prices of sales of comparable merchandise to affiliated and
unaffiliated customers, net of all rebates, movement charges, direct
selling expenses, and packing. Pursuant to 19 CFR 351.403(c) and in
accordance with our practice, when the prices charged to an affiliated
party were, on average, between 98 and 102 percent of the prices
charged to unaffiliated parties for merchandise comparable to that sold
to the affiliated party, we determined that the sales to the affiliated
party were at arm's-length prices. See Antidumping Proceedings:
Affiliated Party Sales in the Ordinary Course of Trade, 67 FR 69186
(November 15, 2002). We included in our calculation of normal value
those sales to affiliated parties that were made at arm's-length
prices. See company-specific preliminary analysis memoranda dated
concurrently with this notice.
Cost of Production
In accordance with section 773(b) of the Act, in the last completed
segment of the relevant country-specific proceeding we disregarded
below-cost sales for Asahi, NSK Ltd., NSK U.K., NTN, Schaeffler Italia
S.r.l., Schaeffler KG, SKF France, SKF Italy, and SNR. Therefore, for
the instant reviews, we have reasonable grounds to believe or suspect
that sales by all of the above companies of the foreign like product
under consideration for the determination of normal value in these
reviews may have been made at prices below the cost of production (COP)
as provided by section 773(b)(2)(A)(ii) of the Act. Pursuant to section
773(b)(1) of the Act, we conducted COP investigations of sales by these
firms in the respective home markets.
With respect to myonic, on November 15, 2010, The Timken Company
alleged that myonic sold the foreign like product in Germany at prices
below the COP during the period of review. Based on the information on
the record and pursuant to section 773(b)(1) of the Act, we found we
had reasonable grounds to initiate a COP investigation with respect to
myonic. See the December 16, 2010, Memorandum to Laurie Parkhill
entitled ``Ball Bearings and Parts Thereof from Germany: Request to
Initiate Cost Investigation for myonic GmbH.''
In accordance with section 773(b)(3) of the Act, we calculated the
COP based on the sum of the costs of materials and fabrication employed
in producing the foreign like product, the selling, general, and
administrative (SG&A) expenses, and all costs and expenses incidental
to packing the merchandise. With respect to NTN, we recalculated the
reported general and administrative expenses by including expenses
associated with replacing the defective product with respect to sales
made to a certain customer category. With respect to Schaeffler KG, we
did not allow Schaeffler KG's claimed interest income as an offset to
its interest expenses because Schaeffler KG did not demonstrate that
the interest income was short-term in nature. In our COP analysis, we
used the home-market sales and COP information provided by each
respondent in its questionnaire responses or, in the case of Schaeffler
Italia S.r.l., additional COP information provided by its largest
supplier.
After calculating the COP and in accordance with section 773(b)(1)
of the Act, we tested whether home-market sales of the foreign like
product were made at prices below the COP within an extended period of
time in substantial quantities and whether such prices permitted the
recovery of all costs within a reasonable period of time. We compared
model-specific COPs to the reported home-market prices less any
applicable movement charges, discounts, and rebates.
Pursuant to section 773(b)(2)(C) of the Act, when less than 20
percent of a respondent's sales of a given product were at prices less
than the COP, we did not disregard any below-cost sales of that product
because the below-cost sales were not made in substantial quantities
within an extended period of time. When 20 percent or more of a
respondent's sales of a given product during the period of review were
at prices less than the COP, we disregarded the below-cost sales
because they were made in substantial quantities within an extended
period of time pursuant to sections 773(b)(2)(B) and (C) of the Act and
because, based on comparisons of prices to weighted-average COPs for
the period of review, we determined that these sales were at prices
which would not permit recovery of all costs within a reasonable period
of time in accordance with section 773(b)(2)(D) of the Act. Based on
this test, we disregarded below-cost sales with respect to Asahi,
myonic, NSK Ltd., NSK U.K., NTN, Schaeffler Italia S.r.l., Schaeffler
KG, SKF France, SKF Italy, and SNR. See the relevant company-specific
preliminary analysis memoranda dated concurrently with this notice.
Model-Match Methodology
For all respondents, where possible, we compared U.S. sales with
sales of the foreign like product in the home market. Specifically, in
making our comparisons, if an identical home-market model was reported,
we made comparisons to weighted-average home-market prices that were
based on all sales which, where appropriate, passed the COP test of the
identical product during the relevant month. We calculated the
weighted-average home-market prices on a level of trade-specific basis.
If there were no contemporaneous sales of an identical model, we
identified the most similar home-market model.
To determine the most similar model, we limited our examination to
models sold in the home market that had the same bearing design, load
direction, number of rows, and precision grade. Next, we calculated the
sum of the deviations (expressed as a percentage of the value of the
U.S. model's characteristics) of the inner diameter, outer diameter,
width, and load rating for each potential home-market match and
selected the bearing with the smallest sum of the deviations. If two or
more bearings had the same sum of the deviations, we selected the model
that was sold at the same level of trade as the U.S. sale and was the
closest contemporaneous sale to the U.S. sale. If two or more models
were sold at the same level of trade and were sold equally
contemporaneously, we selected the model with the smallest difference-
in-merchandise adjustment.
Finally, if no bearing sold in the home market had a sum of the
deviations that was less than 40 percent, we concluded that no
appropriate comparison existed in the home market. For a full
discussion of the model-match methodology we have used in these
reviews, see Antifriction Bearings and Parts Thereof from France, et
al.: Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Reviews, 70 FR 25538, 25542 (May 13, 2005), and Ball
Bearings and Parts Thereof from France, et al.: Final Results of
Antidumping Duty Administrative Reviews, 70 FR 54711 (September 16,
2005), and accompanying Issues and Decision Memorandum at Comments 2,
3, and 5.
Normal Value
Home-market prices were based on the packed, ex-factory, or
delivered prices to affiliated or unaffiliated purchasers. When
applicable, we made adjustments for differences in packing and for
movement expenses in
[[Page 22378]]
accordance with sections 773(a)(6)(A) and (B) of the Act. Where
companies received freight or packing revenues from the home-market
customer, we offset these expenses in accordance with OJ Brazil and PRC
Bags as discussed above. With respect to NTN, we recalculated the
reported inventory-carrying costs consistent with the methodology
described in AFBs 18 and accompanying Issues and Decision Memorandum at
Comment 13. We also made adjustments for differences in cost
attributable to differences in physical characteristics of the
merchandise pursuant to section 773(a)(6)(C)(ii) of the Act and 19 CFR
351.411 and for differences in circumstances of sale in accordance with
section 773(a)(6)(C)(iii) of the Act and 19 CFR 351.410. For
comparisons to EP, we made circumstance-of-sale adjustments by
deducting home-market direct selling expenses from, and adding U.S.
direct selling expenses to, normal value. For comparisons to CEP, we
made circumstance-of-sale adjustments by deducting home-market direct
selling expenses from normal value. We recalculated Schaeffler KG's
home-market imputed expenses using the interest rate we calculated
based solely on loans denominated in the currency in which the home-
market sales were made (i.e., Euros). We also made adjustments, when
applicable, for home-market indirect selling expenses to offset U.S.
commissions in EP and CEP calculations.
In accordance with section 773(a)(1)(B)(i) of the Act, we based
normal value, to the extent practicable, on sales at the same level of
trade as the EP or CEP. If normal value was calculated at a different
level of trade, we made an adjustment, if appropriate and if possible,
in accordance with section 773(a)(7)(A) of the Act. See ``Level of
Trade'' section below.
Constructed Value
In accordance with section 773(a)(4) of the Act, we used
constructed value as the basis for normal value when there were no
usable sales of the foreign like product in the comparison market. We
calculated constructed value in accordance with section 773(e) of the
Act. We included the cost of materials and fabrication, SG&A expenses,
U.S. packing expenses, and profit in the calculation of constructed
value. In accordance with section 773(e)(2)(A) of the Act, we based
SG&A expenses and profit on the amounts incurred and realized by each
respondent in connection with the production and sale of the foreign
like product in the ordinary course of trade for consumption in the
home market.
When appropriate, we made adjustments to constructed value in
accordance with section 773(a)(8) of the Act, 19 CFR 351.410, and 19
CFR 351.412 for circumstance-of-sale differences and level-of-trade
differences. For comparisons to EP, we made circumstance-of-sale
adjustments by deducting home-market direct selling expenses from and
adding U.S. direct selling expenses to constructed value. For
comparisons to CEP, we made circumstance-of-sale adjustments by
deducting home-market direct selling expenses from constructed value.
We also made adjustments, when applicable, for home-market indirect
selling expenses to offset U.S. commissions in EP and CEP comparisons.
When possible, we calculated constructed value at the same level of
trade as the EP or CEP. If constructed value was calculated at a
different level of trade, we made an adjustment, if appropriate and if
possible, in accordance with sections 773(a)(7) and (8) of the Act.
Level of Trade
To the extent practicable, we determined normal value for sales at
the same level of trade as the U.S. sales (either EP or CEP). When
there were no sales at the same level of trade, we compared U.S. sales
to home-market sales at a different level of trade. The normal-value
level of trade is that of the starting-price sales in the home market.
When normal value is based on constructed value, the level of trade is
that of the sales from which we derived SG&A and profit.
To determine whether home-market sales were at a different level of
trade than U.S. sales, we examined stages in the marketing process and
selling functions along the chain of distribution between the producer
and the unaffiliated customer. If the home-market sales were at a
different level of trade from that of a U.S. sale and the difference
affected price comparability, as manifested in a pattern of consistent
price differences between the sales on which normal value is based and
home-market sales at the level of trade of the export transaction, we
made a level-of-trade adjustment under section 773(a)(7)(A) of the Act.
See, e.g., Notice of Final Determination of Sales at Less Than Fair
Value: Certain Cut-to-Length Carbon Steel Plate From South Africa, 62
FR 61731, 61732 (November 19, 1997).
Where the respondent reported no home-market levels of trade that
were equivalent to the CEP level of trade and where the CEP level of
trade was at a less advanced stage than any of the home-market levels
of trade, we were unable to calculate a level-of-trade adjustment based
on the respondent's home-market sales of the foreign like product.
Furthermore, we have no other information that provides an appropriate
basis for determining a level-of-trade adjustment. For CEP sales in
such situations, to the extent possible, we determined normal value at
the same level of trade as the U.S. sale to the first unaffiliated
customer and made a CEP-offset adjustment in accordance with section
773(a)(7)(B) of the Act. The CEP-offset adjustment to normal value was
subject to the so-called ``offset cap,'' calculated as the sum of home-
market indirect selling expenses up to the amount of U.S. indirect
selling expenses deducted from CEP (or, if there were no home-market
commissions, the sum of U.S. indirect selling expenses and U.S.
commissions).
For a company-specific description of our level-of-trade analyses
for these preliminary results, see Memorandum to Laurie Parkhill, dated
concurrently with this notice, entitled ``Ball Bearings and Parts
Thereof from Various Countries: 2009/2010 Level-of-Trade Analysis,'' on
file in the CRU in the General Issues record (A-100-001).
Weighted-Average Margin
In order to derive a single weighted-average margin for each
respondent, we weight-averaged the EP and CEP weighted-average margins
(using the EP and CEP, respectively, as the weighting factors). To
accomplish this when we sampled CEP sales, we first calculated the
total dumping margins for all CEP sales during the review period by
multiplying the sample CEP margins by the ratio of total days in the
review period to days in the sample weeks. We then calculated a total
net value for all CEP sales during the review period by multiplying the
sample CEP total net value by the same ratio. Finally, we divided the
combined total dumping margins for both EP and CEP sales by the
combined total value for both EP and CEP sales to obtain the weighted-
average margin.
Preliminary Results of Changed-Circumstances Review
On January 14, 2011, Schaeffler Technologies GmbH & Co. KG
(Schaeffler Technologies) requested that the Department initiate a
changed-circumstances review to determine whether Schaeffler
Technologies is the successor-in-interest to Schaeffler KG. On February
24, 2011, we initiated a
[[Page 22379]]
changed-circumstances review pursuant to the request from Schaeffler
Technologies. See Ball Bearings and Parts Thereof From Germany:
Initiation of Antidumping Duty Changed-Circumstances Review, 76 FR
10335 (February 24, 2011). We also announced that we would conduct the
changed-circumstances review in the context of the 2009/2010
administrative review.
In determining whether one company is the successor to another for
purposes of applying the antidumping duty law, the Department examines
a number of factors including, but not limited to, changes in
management, production facilities, supplier relationships, and customer
base. See Ball Bearings and Parts Thereof from Japan: Initiation and
Preliminary Results of Changed-Circumstances Review, 71 FR 14679, 14680
(March 23, 2006), unchanged in Notice of Final Results of Antidumping
Duty Changed-Circumstances Review: Ball Bearings and Parts Thereof from
Japan, 71 FR 26452 (May 5, 2006) (collectively CCR Japan), and
Industrial Phosphoric Acid From Israel; Final Results of Antidumping
Duty Changed Circumstances Review, 59 FR 6944 (February 14, 1994).
Although no single or even several of these factors will necessarily
provide a dispositive indication of succession, generally the
Department will consider one company to be a successor to another
company if its resulting operation is similar to that of its
predecessor. See CCR Japan and Brass Sheet and Strip From Canada; Final
Results of Antidumping Duty Administrative Review, 57 FR 20460 (May 13,
1992), at Comment 1. Thus, if the evidence demonstrates that, with
respect to the production and sale of the subject merchandise, the new
company operates as the same business entity as the prior company, the
Department will assign the new company the cash-deposit rate of its
predecessor. Id. See also Circular Welded Non-Alloy Steel Pipe From the
Republic of Korea; Preliminary Results of Antidumping Duty Changed
Circumstances Review, 63 FR 14679 (March 26, 1998), unchanged in
Circular Welded Non-Alloy Steel Pipe From Korea; Final Results of
Antidumping Duty Changed Circumstances Review, 63 FR 20572 (April 27,
1998), in which the Department found that a company which only changed
its name and did not change its operations is a successor-in-interest
to the company before it changed its name.
In its request dated January 14, 2011, Schaeffler Technologies
provided information to demonstrate that it is the successor-in-
interest to Schaeffler KG.
We preliminarily determine that Schaeffler Technologies is the
successor-in-interest to Schaeffler KG. In its January 14, 2011,
submission, Schaeffler Technologies provided evidence supporting its
claim to be the successor-in-interest to Schaeffler KG. Specifically,
Schaeffler Technologies demonstrated that, while the business
concerning ball bearings conducted by Schaeffler KG has been
transferred to Schaeffler Technologies as part of a reorganization
process, the management, production facilities, supplier relationships,
and customer base are materially not affected. All of Schaeffler KG's
employees and managers remained with Schaeffler Technologies after the
transfer was consummated and continue to be employed by Schaeffler
Technologies. See January 14, 2011, submission from Schaeffler
Technologies at 5. The production facilities now used by Schaeffler
Technologies are the same as those used by Schaeffler KG and have not
been modified or supplemented after the transfer. Id. at 6. Schaeffler
Technologies continues to deal with the same suppliers with which
Schaeffler KG dealt prior to the transfer and, Schaeffler Technologies
claims, any changes in supplier relationships that might occur stem
from ordinary commercial considerations not related to the transfer.
Id. at 6. Finally, there have been no changes to the customer base of
Schaeffler Technologies from that which existed under Schaeffler KG
except those that result from the normal acquisition or loss of
particular customers in the ordinary course of business. Id. at 6.
In summary, Schaeffler Technologies has presented evidence to
support its claim of successorship. The record indicates that the
February 1, 2010, transfer of Schaeffler KG's bearings business to
Schaeffler Technologies has not changed the operations of the company
in a meaningful way. The management, production facilities, supplier
relationships, and customer base of Schaeffler Technologies 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.
Based on the above, we preliminarily determine that Schaeffler
Technologies is the successor-in-interest to Schaeffler KG.
Preliminary Results of Reviews
As a result of our reviews, we preliminarily determine that the
following percentage weighted-average dumping margins on ball bearings
and parts thereof from various countries exist for the period May 1,
2009, through April 30, 2010:
------------------------------------------------------------------------
Margin
Company (percent)
------------------------------------------------------------------------
FRANCE
------------------------------------------------------------------------
Alcatel Vacuum Technology.................................. 5.12
Audi AG.................................................... 5.12
AVIAC...................................................... 66.42
Avio....................................................... 5.12
Bosch Rexroth SAS.......................................... 5.12
Caterpillar Group Services S.A............................. 5.12
Caterpillar Materials Routiers S.A.S....................... 5.12
Caterpillar S.A.R.L........................................ 5.12
Dassault Aviation.......................................... 5.12
Eurocopter SAS............................................. 66.42
Groupe Intertechnique...................................... 66.42
Kongskilde Limited......................................... 5.12
Perkins Engines Company Limited............................ 5.12
SKF France, S.A. and SKF Aerospace S.A.S................... 4.88
SNECMA..................................................... 66.42
SNR Roulements S.A. and SNR Europe......................... 7.60
Technofan.................................................. 66.42
Volkswagon AG.............................................. 5.12
Volkswagen Zubehor GmbH.................................... 5.12
------------------------------------------------------------------------
GERMANY
------------------------------------------------------------------------
Audi AG.................................................... 6.26
BAUER Machinen GmbH........................................ 6.26
Bosch Rexroth AG........................................... 6.26
BSH Bosch and Siemens Hausgerate GmbH...................... 6.26
Caterpillar S.A.R.L........................................ 6.26
Heidelberger Druckmaschinen AG............................. 6.26
Kongskilde Limited......................................... 6.26
Myonic GmbH................................................ 11.42
Robert Bosch GmbH.......................................... 6.26
Robert Bosch GmbH Power Tools and Hagglunds Drives......... 6.26
The Schaeffler Group, Schaeffler KG, and Schaeffler 3.67
Technologies GmbH.........................................
SKF GmbH................................................... 6.26
Volkswagon AG.............................................. 6.26
Volkswagen Zubehor GmbH.................................... 6.26
W & H Dentalwerk Burmoos GmbH.............................. 6.26
------------------------------------------------------------------------
ITALY
------------------------------------------------------------------------
Audi AG.................................................... 12.32
Bosch Rexroth S.p.A........................................ 12.32
Caterpillar Overseas S.A.R.L............................... 12.32
Caterpillar of Australia Pty. Ltd.......................... 12.32
Caterpillar Group Services S.A............................. 12.32
Caterpillar Mexico, S.A. de C.V............................ 12.32
Caterpillar Americas C.V................................... 12.32
Eurocopter................................................. 69.99
Hagglunds Drives S.r.l..................................... 12.32
Kongskilde Limited......................................... 12.32
Perkin Engines Company Limited............................. 12.32
Schaeffler Italia S.r.l., WPB Water Pump Bearing GmbH & Co. 2.87
KG, and The Scchaeffler Group.............................
[[Page 22380]]
SKF Industries S.p.A., Somecat S.p.A., and SKF RIV-SKF 14.50
Officine di Villar Perosa S.p.A...........................
SNECMA..................................................... 69.99
Volkswagen AG.............................................. 12.32
Volkswagen Zubehor GmbH.................................... 12.32
------------------------------------------------------------------------
JAPAN
------------------------------------------------------------------------
Asahi Seiko Co., Ltd....................................... 3.46
Audi AG.................................................... 11.36
Bosch Corporation.......................................... 11.36
Bosch Packaging Technology K.K............................. 11.36
Bosch Rexroth Corporation.................................. 11.36
Caterpillar Japan Ltd...................................... 11.36
Caterpillar Overseas S.A.R.L............................... 11.36
Caterpillar Group Services S.A............................. 11.36
Caterpillar Brazil Ltd..................................... 11.36
Caterpillar Africa Pty. Ltd................................ 11.36
Caterpillar of Australia Pty. Ltd.......................... 11.36
Caterpillar S.A.R.L........................................ 11.36
Caterpillar Americas Mexico, S. de R.L. de C.V............. 11.36
Caterpillar Logistics Services China Ltd................... 11.36
Caterpillar Mexico, S.A. de C.V............................ 11.36
Hagglunds Ltd.............................................. 11.36
Hino Motors Ltd............................................ 11.36
JTEKT Corporation (formerly known as Koyo Seiko Co.)....... 11.36
Kongskilde Limited......................................... 11.36
Mazda Motor Corporation.................................... 11.36
Mori Seiki Co., Ltd........................................ 3.50
Nachi-Fujikoshi Corporation................................ 11.36
Nissan Motor Company, Ltd.................................. 11.36
NSK Ltd.................................................... 9.28
NTN Corporation and NTN Kongo Corporation 13.43............
Perkins Engines Company Limited............................ 11.36
Tsubakimoto Precision Products Co., Ltd.................... 73.55
Volkswagen AG.............................................. 11.36
Volkswagen Zubehor GmbH.................................... 11.36
Yamazaki Mazak Trading Corporation......................... 11.36
------------------------------------------------------------------------
UNITED KINGDOM
------------------------------------------------------------------------
Alcatel Vacuum Technology.................................. 5.90
Bosch Rexroth Ltd.......................................... 5.90
Caterpillar S.A.R.L........................................ 5.90
Caterpillar Group Services S.A............................. 5.90
Caterpillar of Australia Pty Ltd........................... 5.90
Caterp