Ball Bearings and Parts Thereof From Germany: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission; 2011-2011, 9674-9675 [2013-03069]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Notices]
[Pages 9674-9675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03069]



[[Page 9674]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-801]


Ball Bearings and Parts Thereof From Germany: Preliminary Results 
of Antidumping Duty Administrative Review and Partial Rescission; 2011-
2011

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on ball bearings 
and parts thereof from Germany. The period of review (POR) is May 1, 
2011, through September 14, 2011.\1\ We preliminarily find that subject 
merchandise has not been sold at less than normal value.
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    \1\ On September 15, 2011, the Department revoked the order on 
ball bearings and parts thereof from Germany as the conclusion of a 
sunset review. See Ball Bearings and Parts Thereof From France, 
Germany and Italy: Final Results of Sunset Reviews and Revocation of 
Antidumping Duty Orders, 76 FR 57019, (September 15, 2011) (Third 
Sunset Review). Therefore, the POR ends on September 14, 2011.

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DATES: Effective Date: February 11, 2013.

FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Minoo Hatten, AD/
CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1757 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the order is ball bearings and parts 
thereof. The ball bearings and parts thereof subject to the order are 
currently classifiable under 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 of the Harmonized Tariff Schedule of the 
United States (HTSUS). The HTSUS numbers are provided for convenience 
and customs purposes. A full description of the scope of the order is 
contained in the memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to Paul 
Piquado, Assistant Secretary for Import Administration, ``Decision 
Memorandum for Preliminary Results and Partial Rescission of 
Antidumping Duty Administrative Review: Ball Bearings and Parts Thereof 
from Germany'' dated concurrently with this notice (``Preliminary 
Decision Memorandum''), which is hereby adopted by this notice. The 
written description is dispositive.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). Access to IA ACCESS is available to registered users at 
https://iaaccess.trade.gov and is available to all parties in the 
Central Records Unit (CRU), room 7046 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly on the Internet at https://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Rescission of Review in Part

    In accordance with 19 CFR 351.213(d), we are rescinding the review 
with respect to Kongskilde Limited, Schaeffler Technologies GmbH & Co. 
KG (formerly known as Schaeffler KG), and SKF GmbH because, subsequent 
to the initiation of this review, we received timely withdrawals of the 
requests for review we received for these companies. See Preliminary 
Decision Memorandum.

Selection of Respondents for Individual Examination

    Due to the large number of companies in this review and the 
resulting administrative burden of examining each company for which a 
review was initiated, the Department, in accordance to section 
777A(c)(2) of the Tariff Act of 1930, as amended (Act), exercised its 
authority to limit the number of respondents selected for individual 
examination in this review. We selected myonic GmbH (myonic) for 
individual examination. See Preliminary Decision Memorandum.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Act. Constructed export price is calculated in 
accordance with section 772 of the Act. Normal value is calculated in 
accordance with section 773 of the Act. In accordance with section 
773(b) of the Act, we disregarded certain sales by myonic in the home 
market which were made at below-cost prices. For a full description of 
the methodology underlying our conclusions, see Preliminary Decision 
Memorandum.

Rates for Respondents Not Selected for Individual Examination

    The Department looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in an 
investigation for guidance, and concludes that a reasonable method for 
determining the weighted-average dumping margins for the respondents 
not selected for individual examination in this review is to assign the 
rate calculated for myonic, which is the sole company selected for 
individual examination. For a full description of the methodology we 
used in calculating the rates for respondents not selected for 
individual examination, see Preliminary Decision Memorandum.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margins exist for the respondents 
for the May 1, 2011, through September 14, 2011.

------------------------------------------------------------------------
                                              Weighted-average dumping
           Manufacturer/exporter                  margin  (Percent)
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Audi AG...................................                          0.00

[[Page 9675]]

 
Bayerische Motoren Werke AG...............                          0.00
myonic GmbH...............................                          0.00
Volkswagen AG.............................                          0.00
Volkswagen Zubehor GmbH...................                          0.00
W&H Dentalwerk Burmoos GmbH...............                          0.00
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Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs not later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs. Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
    Pursuant to 19 CFR 351.310(c), 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, 
filed electronically via IA ACCESS. An electronically filed document 
must be received successfully in its entirety by the Department's 
electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time 
within 30 days after the date of publication of this notice. Requests 
should contain: (1) The party's name, address and telephone number; (2) 
the number of participants; and (3) a list of issues to be discussed. 
Issues raised in the hearing will be limited to those raised in the 
party's respective case briefs. The Department intends to issue the 
final results of this administrative review, including the results of 
its analysis of the issues raised in any written briefs, not later than 
120 days after the date of publication of this notice, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine and U.S. Customs and Border Protection (CBP) shall assess 
antidumping duties on all appropriate entries. If myonic's weighted-
average dumping margin is above de minimis in the final results of this 
review, we will calculate an importer-specific assessment rate on the 
basis of the ratio of the total amount of dumping calculated for the 
importer's examined sales and the total entered value of those sales in 
accordance with 19 CFR 351.212(b)(1). If myonic's weighted-average 
dumping margin continues to be zero or de minimis in the final results 
of review, we will instruct CBP not to assess antidumping duties on its 
entries in accordance with the Final Modification for Reviews, i.e., 
``{w{time} here the weighted-average margin of dumping for the exporter 
is determined to be zero or de minimis, no antidumping duties will be 
assessed.'' \2\
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    \2\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 80102 (February 14, 
2012).
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by myonic, which is the company 
selected for individual examination in this review, for which it did 
not know its merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction. For a full discussion of this 
clarification, see Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    For the companies which are not selected for individual 
examination, we will instruct CBP to apply the rates listed above to 
all entries of subject merchandise produced and/or exported by those 
firms.
    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.
    Subject merchandise of the companies for which we are rescinding 
the review will be assessed antidumping duties at rates equal to the 
cash deposit of estimated antidumping duties required at the time of 
entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(1)(i). The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
this notice.

Cash Deposit Requirements

    Because the antidumping duty order on ball bearings and parts 
thereof from Germany has been revoked as a result of the Third Sunset 
Review, the Department will not issue cash deposit instructions at the 
conclusion of this administrative review.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: February 4, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

    List of Topics Discussed in the Preliminary Decision Memorandum
1. Scope of the Order
3. Selection of Respondents for Individual Examination
4. Rescission of Review in Part
5. Rates for Respondents Not Selected for Individual Examination
6. Constructed Export Price
7. Home Market Sales
8. Cost of Production
9. Model Match Methodology
10. Normal Value
11. Constructed Value
12. Level of Trade
13. Currency Conversion

[FR Doc. 2013-03069 Filed 2-8-13; 8:45 am]
BILLING CODE 3510-DS-P