Ball Bearings and Parts Thereof From the United Kingdom: Amended Final Results of Antidumping Duty Administrative Review; 2010-2011, 9694-9695 [2015-03770]
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Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Notices
components to the scope of authority.
Pursuant to 15 CFR 400.14(b),
additional FTZ authority would be
limited to the specific foreign-status
materials and components and specific
finished products described in the
submitted notification (as described
below) and subsequently authorized by
the FTZ Board.
Production under FTZ procedures
could exempt VGACO from customs
duty payments on the foreign status
materials and components used in
export production. On its domestic
sales, VGACO would be able to choose
the duty rate during customs entry
procedures that applies to passenger
motor vehicles (duty rate 2.5%) for the
foreign status materials and components
noted below and in the existing scope
of authority. Customs duties also could
possibly be deferred or reduced on
foreign status production equipment.
The materials and components
sourced from abroad include: Polyvinyl
chloride (PVC) hoses; PVC sheets;
adhesive tapes; reading coils; and,
interface USB hubs (duty rate ranges
from free to 5.8%).
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is April
6, 2015.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz.
For further information, contact Pierre
Duy at Pierre.Duy@trade.gov or (202)
482–1378.
Dated: February 6, 2015.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2015–03772 Filed 2–23–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
tkelley on DSK3SPTVN1PROD with NOTICES
[A–412–801]
Ball Bearings and Parts Thereof From
the United Kingdom: Amended Final
Results of Antidumping Duty
Administrative Review; 2010–2011
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
VerDate Sep<11>2014
17:31 Feb 23, 2015
Jkt 235001
The Department of Commerce
(the Department) is amending its final
results in the administrative review of
the antidumping duty order on ball
bearings and parts thereof from the
United Kingdom for the period May 1,
2010, through April 30, 2011, to correct
a ministerial error.
DATES: Effective Date: February 24,
2015.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0410.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On January 27, 2015, the Department
published its final results in the
administrative review of the
antidumping duty order on ball bearings
and parts thereof from the United
Kingdom 1 On January 27, 2015, NSK
Europe Ltd. and NSK Bearings Europe
Ltd. (collectively, NSK), submitted a
ministerial error allegation.2 On
February 2, 2015, The Timken Company
submitted comments.3 Based on the
analysis of this allegation, we made a
change to the calculation of the
weighted-average dumping margin for
NSK and for certain of the nonindividually examined respondents.
Scope of the Order
The products covered by the order are
ball bearings and parts thereof. These
products include all antifriction
bearings that employ balls as the rolling
element. Imports of these products are
classified under the following
categories: Antifriction balls, ball
bearings with integral shafts, ball
bearings (including radial ball bearings)
and parts thereof, and housed or
mounted ball bearing units and parts
thereof.
Imports of these products are
classified under the following
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings:
3926.90.45, 4016.93.10, 4016.93.50,
6909.19.50.10, 8414.90.41.75,
8431.20.00, 8431.39.00.10, 8482.10.10,
1 See Ball Bearings and Parts Thereof From Japan
and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews; 2010–
2011, 80 FR 4248 (January 27, 2015) (Final Results).
2 See letter from NSK, ‘‘Ball Bearings and Parts
from the United Kingdom: Ministerial Error
Allegation’’ (January 27, 2015).
3 See Letter From Timken, ‘‘Ball Bearings and
Parts Thereof From the United Kingdom; The
Timken Company’s Reply to NSK’s Ministerial
Error Allegation’’ (February 2, 2015).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
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
description of the scope of the order
remains dispositive.
The size or precision grade of a
bearing does not influence whether the
bearing is covered by the order. The
order covers 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
order. 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 order 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
order. Bearings designed for highly
specialized applications are not
excluded. Any of the subject bearings,
regardless of whether they may
ultimately be utilized in aircraft,
automobiles, or other equipment, are
within the scope of the order.
Ministerial Error
Section 751(h) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.224(f) define a ‘‘ministerial error’’ as
an error ‘‘in addition, subtraction, or
other arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.’’
On January 27, 2015, NSK submitted
a ministerial error allegation. After
analyzing NSK’s allegation, we agree
with NSK that we made a ministerial
error within the meaning of 19 CFR
351.224(f) by using an incorrect
database for NSK’s costs, instead of a
E:\FR\FM\24FEN1.SGM
24FEN1
Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Notices
revised database for NSK’s costs
submitted later in the review. Timken
argues that the Department should reject
NSK’s allegation on the grounds that
NSK could have raised the allegation in
its case brief and it is, therefore, now
untimely. Nevertheless, we find that we
made an inadvertent error in not using
the revised database for NSK’s costs
and, therefore, are correcting and
amending the final results of review in
accordance with section 751(h) of the
Act and 19 CFR 351.224(e). As a result,
the weighted-average dumping margin
for NSK changes from 1.55 percent to
1.43 percent. Furthermore, the rate for
the respondents not selected for
individual examination (except for
Bayerische Motoren Werke AG) will be
the new rate calculated for NSK, the
sole respondent selected for individual
examination. The weighted-average
dumping margin for Bayerische Motoren
Werke AG will remain unchanged from
the Final Results because it was based
on adverse facts available.
Amended Final Results of the Review
The Department determines that the
following amended weighted-average
dumping margins exist for the period
May 1, 2010, through April 30, 2011:
for entries of subject merchandise
during the POR produced by NSK for
which it did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate un-examined entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.4
For the companies which were not
selected for individual examination, we
will instruct CBP to assess antidumping
duties at a rate equal to the weightedaverage dumping margin listed above
for all entries of subject merchandise
produced and/or exported by such
firms.
We intend to issue liquidation
instructions to CBP 15 days after
publication of the amended final results
of this administrative review.
Cash Deposit Requirements
Because we revoked the antidumping
duty order on ball bearings and parts
thereof from the United Kingdom
effective September 15, 2011, no cash
deposits for estimated antidumping
duties on future entries of subject
merchandise will be required.5
Notification to Importers
This notice serves as a final 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
254.25 liquidation of the relevant entries
1.43 during this review period. Failure to
1.43 comply with this requirement could
1.43 result in the Department’s presumption
1.43 that reimbursement of antidumping
1.43 duties occurred and the subsequent
1.43 assessment of doubled antidumping
1.43 duties.
Weightedaverage
dumping
margin
(percent)
Company
Bayerische Motoren Werke AG ..
Bosch Rexroth Limited ...............
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 ............................................
Perkins Engines Company Ltd ...
1.43
Administrative Protective Orders
Disclosure
We will disclose the calculation
memorandum used in our analysis to
parties to this proceeding within five
days of the date of the publication of
this notice pursuant to 19 CFR
351.224(b).
tkelley on DSK3SPTVN1PROD with NOTICES
Assessment Rates
The Department shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries. In accordance
with 19 CFR 351.212(b)(1), for NSK we
calculated an importer-specific
assessment rate by dividing the total
amount of dumping for the reviewed
sales by the total entered value of those
reviewed sales for each importer.
Consistent with the Department’s
refinement to its assessment practice,
VerDate Sep<11>2014
17:31 Feb 23, 2015
Jkt 235001
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or the
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
4 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
5 See Ball Bearings and Parts Thereof From Japan
and the United Kingdom: Final Results of Sunset
Reviews and Revocation of Antidumping Duty
Orders, 79 FR 16771 (March 26, 2014).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
9695
Notification to Interested Parties
We are issuing and publishing these
amended final results in accordance
with section 751(h) of the Act and 19
CFR 351.224(f).
Dated: February 18, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–03770 Filed 2–23–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–912]
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Partial Rescission of
Antidumping Duty Administrative
Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 30, 2014, the
Department of Commerce
(‘‘Department’’) initiated an
administrative review of the
antidumping duty order on new
pneumatic off-the-road tires (‘‘OTR
tires’’) from the People’s Republic of
China (‘‘PRC’’) for 12 companies.1 Based
on timely withdrawal of requests for
review, we are now rescinding this
administrative review with respect to
Double Coin Holdings Ltd., Guizhou
Tyre Co., Ltd., and Guizhou Tyre Import
and Export Co., Ltd.
DATES: Effective Date: February 24,
2015.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Andrew Medley, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone (202)
482–4987.
Background
In September 2014, the Department
received multiple timely requests to
conduct an administrative review of the
antidumping duty order on OTR tires
from the PRC. Based upon these
requests, on October 30, 2014, the
Department published a notice of
initiation of an administrative review
covering the period of September 1,
2013, to August 31, 2014, with respect
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 79 FR
64565 (October 30, 2014) at 64567.
E:\FR\FM\24FEN1.SGM
24FEN1
]]>Agencies
[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Notices]
[Pages 9694-9695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03770]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-412-801]
Ball Bearings and Parts Thereof From the United Kingdom: Amended
Final Results of Antidumping Duty Administrative Review; 2010-2011
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is amending its
final results in the administrative review of the antidumping duty
order on ball bearings and parts thereof from the United Kingdom for
the period May 1, 2010, through April 30, 2011, to correct a
ministerial error.
DATES: Effective Date: February 24, 2015.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations,
Office I, Enforcement and Compliance, 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 January 27, 2015, the Department published its final results in
the administrative review of the antidumping duty order on ball
bearings and parts thereof from the United Kingdom \1\ On January 27,
2015, NSK Europe Ltd. and NSK Bearings Europe Ltd. (collectively, NSK),
submitted a ministerial error allegation.\2\ On February 2, 2015, The
Timken Company submitted comments.\3\ Based on the analysis of this
allegation, we made a change to the calculation of the weighted-average
dumping margin for NSK and for certain of the non-individually examined
respondents.
---------------------------------------------------------------------------
\1\ See Ball Bearings and Parts Thereof From Japan and the
United Kingdom: Final Results of Antidumping Duty Administrative
Reviews; 2010-2011, 80 FR 4248 (January 27, 2015) (Final Results).
\2\ See letter from NSK, ``Ball Bearings and Parts from the
United Kingdom: Ministerial Error Allegation'' (January 27, 2015).
\3\ See Letter From Timken, ``Ball Bearings and Parts Thereof
From the United Kingdom; The Timken Company's Reply to NSK's
Ministerial Error Allegation'' (February 2, 2015).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are ball bearings and parts
thereof. These products include all antifriction bearings that employ
balls as the rolling element. Imports of these products are classified
under the following categories: Antifriction balls, ball bearings with
integral shafts, ball bearings (including radial ball bearings) and
parts thereof, and housed or mounted ball bearing units and parts
thereof.
Imports of these products are classified under the following
Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
3926.90.45, 4016.93.10, 4016.93.50, 6909.19.50.10, 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 description of the scope of the order
remains dispositive.
The size or precision grade of a bearing does not influence whether
the bearing is covered by the order. The order covers 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 order. 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 order 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 order. Bearings
designed for highly specialized applications are not excluded. Any of
the subject bearings, regardless of whether they may ultimately be
utilized in aircraft, automobiles, or other equipment, are within the
scope of the order.
Ministerial Error
Section 751(h) of the Tariff Act of 1930, as amended (the Act), and
19 CFR 351.224(f) define a ``ministerial error'' as an error ``in
addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.''
On January 27, 2015, NSK submitted a ministerial error allegation.
After analyzing NSK's allegation, we agree with NSK that we made a
ministerial error within the meaning of 19 CFR 351.224(f) by using an
incorrect database for NSK's costs, instead of a
[[Page 9695]]
revised database for NSK's costs submitted later in the review. Timken
argues that the Department should reject NSK's allegation on the
grounds that NSK could have raised the allegation in its case brief and
it is, therefore, now untimely. Nevertheless, we find that we made an
inadvertent error in not using the revised database for NSK's costs
and, therefore, are correcting and amending the final results of review
in accordance with section 751(h) of the Act and 19 CFR 351.224(e). As
a result, the weighted-average dumping margin for NSK changes from 1.55
percent to 1.43 percent. Furthermore, the rate for the respondents not
selected for individual examination (except for Bayerische Motoren
Werke AG) will be the new rate calculated for NSK, the sole respondent
selected for individual examination. The weighted-average dumping
margin for Bayerische Motoren Werke AG will remain unchanged from the
Final Results because it was based on adverse facts available.
Amended Final Results of the Review
The Department determines that the following amended weighted-
average dumping margins exist for the period May 1, 2010, through April
30, 2011:
------------------------------------------------------------------------
Weighted-
average
Company dumping
margin
(percent)
------------------------------------------------------------------------
Bayerische Motoren Werke AG................................. 254.25
Bosch Rexroth Limited....................................... 1.43
Caterpillar S.A.R.L......................................... 1.43
Caterpillar Group Services S.A.............................. 1.43
Caterpillar of Australia Pty Ltd............................ 1.43
Caterpillar Overseas S.A.R.L................................ 1.43
Caterpillar Marine Power UK................................. 1.43
NSK......................................................... 1.43
Perkins Engines Company Ltd................................. 1.43
------------------------------------------------------------------------
Disclosure
We will disclose the calculation memorandum used in our analysis to
parties to this proceeding within five days of the date of the
publication of this notice pursuant to 19 CFR 351.224(b).
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. In accordance with 19 CFR 351.212(b)(1), for NSK we calculated
an importer-specific assessment rate by dividing the total amount of
dumping for the reviewed sales by the total entered value of those
reviewed sales for each importer.
Consistent with the Department's refinement to its assessment
practice, for entries of subject merchandise during the POR produced by
NSK for which it did not know that the merchandise was destined for the
United States, we will instruct CBP to liquidate un-examined entries at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\4\
---------------------------------------------------------------------------
\4\ For a full discussion of this clarification, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
For the companies which were not selected for individual
examination, we will instruct CBP to assess antidumping duties at a
rate equal to the weighted-average dumping margin listed above for all
entries of subject merchandise produced and/or exported by such firms.
We intend to issue liquidation instructions to CBP 15 days after
publication of the amended final results of this administrative review.
Cash Deposit Requirements
Because we revoked the antidumping duty order on ball bearings and
parts thereof from the United Kingdom effective September 15, 2011, no
cash deposits for estimated antidumping duties on future entries of
subject merchandise will be required.\5\
---------------------------------------------------------------------------
\5\ See Ball Bearings and Parts Thereof From Japan and the
United Kingdom: Final Results of Sunset Reviews and Revocation of
Antidumping Duty Orders, 79 FR 16771 (March 26, 2014).
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a final 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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or the destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these amended final results in
accordance with section 751(h) of the Act and 19 CFR 351.224(f).
Dated: February 18, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-03770 Filed 2-23-15; 8:45 am]
BILLING CODE 3510-DS-P
