[Federal Register: October 14, 1999 (Volume 64, Number 198)] [Notices] [Page 55696-55697] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr14oc99-30] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-588-804] Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof from Japan; Final Results of Changed-Circumstances Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of final results of changed-circumstances review. ----------------------------------------------------------------------- SUMMARY: On August 10, 1999, the Department of Commerce published the notice of initiation and preliminary results of its changed- circumstances review concerning its examination of whether Tsubaki- Nakashima Co., Ltd. is the successor-in-interest to Tsubakimoto Precision Products, Co., Ltd. for purposes of determining antidumping liability. We have now completed that review and determine that Tsubaki-Nakashima Co., Ltd. is the successor-in-interest to Tsubakimoto Precision Products, Co., Ltd. for antidumping duty law purposes and, as such, receives the antidumping duty cash deposit rate previously assigned to Tsubakimoto Precision Products, Co., Ltd. of 7.77 percent ad valorem. EFFECTIVE DATE: October 14, 1999. FOR FURTHER INFORMATION CONTACT: J. David Dirstine or Richard Rimlinger, Office of AD/CVD Enforcement, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-4733. SUPPLEMENTARY INFORMATION: Background In a letter dated July 16, 1999, Tsubaki-Nakashima Co., Ltd. (Tsubaki-Nakashima) advised the Department of Commerce (the Department) that, effective April 1, 1996, Tsubakimoto Precision Products, Co., Ltd. (Tsubakimoto) merged with Nakashima Manufacturing Co., Ltd. (Nakashima). According to the submission, Tsubakimoto was the surviving company and is currently operating under the name Tsubaki-Nakashima. Tsubaki-Nakashima stated that the former President of Tsubakimoto is now the President of Tsubaki-Nakashima, that the former Executive Vice President of Tsubakimoto is now one of three Executive Vice Presidents of Tsubaki-Nakashima (two additional Executive Vice Presidents were added following the merger), that the sole Managing Director of Tsubaki-Nakashima was one of two Managing Directors of Tsubakimoto, and, further, that all the current Directors of Tsubaki-Nakashima were Directors of Tsubakimoto. Tsubaki-Nakashima also stated that its production facilities are substantially similar to Tsubakimoto. Specifically, Tsubaki-Nakashima stated that three of its four production facilities were operated previously by Tsubakimoto. Finally, Tsubaki-Nakashima stated that its supplier relationships and customer base are substantially similar to those of Tsubakimoto. Tsubaki- Nakashima submitted exhibits listing the management, production faciliites, major suppliers, and customers of both Tsubaki-Nakashima and Tsubakimoto. On August 10, 1999, the Department published in the Federal Register (64 FR 43341) the notice of initiation and preliminary results of its antidumping duty changed circumstances review of the antidumping duty order on ball bearings and parts thereof from Japan. We now have completed this changed-circumstances review in accordance with section 751(b) of the Tariff Act, as amended (the Act). Scope of the Review The products covered by this review are ball bearings and parts thereof. These products include all ball bearings that employ balls as the rolling element. Imports of these products are classified [[Page 55697]] 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 Schedules (HTS) subheadings: 3926.90.45, 4016.93.00, 4016.93.10, 4016.93.50, 6909.19.5010, 8431.20.00, 8431.39.0010, 8482.10.10, 8482.10.50, 8482.80.00, 8482.91.00, 8482.99.05, 8482.99.2580, 8482.99.35, 8482.99.6595, 8483.20.40, 8483.20.80, 8483.50.8040, 8483.50.90, 8483.90.20, 8483.90.30, 8483.90.70, 8708.50.50, 8708.60.50, 8708.60.80, 8708.70.6060, 8708.70.8050, 8708.93.30, 8708.93.5000, 8708.93.6000, 8708.93.75, 8708.99.06, 8708.99.31, 8708.99.4960, 8708.99.50, 8708.99.5800, 8708.99.8080, 8803.10.00, 8803.20.00, 8803.30.00, 8803.90.30, and 8803.90.90. The size or precision grade of a bearing does not influence whether the bearing is covered by the order. For a further discussion of the scope of the order being reviewed, including recent scope determinations, see Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof from France, Germany, Italy, Japan, Romania, Singapore, Sweden and the United Kingdom; Final Results of Antidumping Duty Administrative Reviews, 63 FR 33320 (June 18, 1998). Although the HTS item numbers are provided for convenience and customs purposes, the written description of the scope of this proceeding remains dispositive. Successorship According to its July 16, 1999 submission, Tsubakimoto was the surviving company of its merger with Nakashima and is currently operating under the name Tsubaki-Nakashima Co. Since December 17, 1996, Tsubakimoto has been assigned a 7.77 percent antidumping duty cash deposit rate (see Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof from France, Germany, Italy, Japan, Romania, Singapore, Sweden and the United Kingdom; Final Results of Antidumping Duty Administrative Reviews, 61 FR 66472 (December 17, 1996)). Thus Tsubaki-Nakashima requested that the Department make a determination that Tsubaki-Nakashima should receive the same antidumping duty treatment as the former Tsubakimoto with respect to ball bearings. Upon examining the factors of: (1) Management; (2) production facilities; (3) supplier relationships; and (4) customer base, the Department has determined that the resulting operation of Tsubaki- Nakashima is the same as that of its predecessor, Tsubakimoto, and thus the Department has determined that Tsubaki-Nakashima is the successor- in-interest to Tsubakimoto for purposes of determining antidumping duty liability. For a complete discussion of the basis for this decision, see Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From Japan; Initiation and Preliminary Results of Changed-Circumstances Antidumping Duty Administrative Review, 64 FR 43341 (August 10, 1999). Comments Although we gave interested parties an opportunity to comment on the preliminary results, none were submitted. Final Results of Review We determine that Tsubaki-Nakashima is successor-in-interest to Tsubakimoto and, accordingly, Tsubaki-Nakashima will receive the same antidumping duty treatment as the former Tsubakimoto, i.e., 7.77 percent antidumping duty cash deposit rate. We will instruct the U.S. Customs Service accordingly. We are issuing and publishing this determination and notice in accordance with sections 751(b)(1) and 777(i)(1) of the Act and section 351.216 of the Department's regulations. Dated: September 29, 1999. Robert S. LaRussa, Assistant Secretary For Import Administration. [FR Doc. 99-26723 Filed 10-13-99; 8:45 am] BILLING CODE 3510-DS-P