[Federal Register: October 12, 2007 (Volume 72, Number 197)]
[Notices]
[Page 58053-58055]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12oc07-24]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-801, A-428-801, A-475-801, A-588-804, A-559-801, A-412-801]
Ball Bearings and Parts Thereof from France, Germany, Italy,
Japan, Singapore, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews and Rescission of Review in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 6, 2007, the Department of Commerce published the
preliminary results of the administrative reviews of the antidumping
duty orders on ball bearings and parts thereof from France, Germany,
Italy, Japan, Singapore, and the United Kingdom. The reviews cover 21
manufacturers/exporters. The period of review is May 1, 2005, through
April 30, 2006.
Based on our analysis of the comments received, we have made
changes, including corrections of certain programming and other
ministerial errors, in the margin calculations. Therefore, the final
results differ from the preliminary results. The final weighted-average
dumping margins for the reviewed firms are listed below in the section
entitled ``Final Results of the Reviews.''
EFFECTIVE DATE: October 12, 2007.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Richard Rimlinger,
AD/CVD Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
5760 or (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2007, the Department of Commerce (the Department)
published the preliminary results of the administrative reviews of the
antidumping duty orders on ball bearings and parts thereof from France,
Germany, Italy, Japan, Singapore, and the United Kingdom. See Ball
Bearings and Parts Thereof from France, Germany, Italy, Japan,
Singapore, and the United Kingdom: Preliminary Results of Antidumping
Duty Administrative Reviews and Intent to Rescind Review in Part, 72 FR
31217 (June 6, 2007). The period of review is May 1, 2005, through July
10, 2005, for the order on ball bearings from Singapore; for all other
orders on ball bearings, the period of review is May 1, 2005, through
April 30, 2006. The companies for which we are conducting
administrative reviews are as follows:
France:
* SKF France S.A. and SFK Aerospace France S.A. (SKF France)
* SNR Roulements and SNR Europe (SNR)
Germany:
* Gebr[uuml]der Reinfurt GmbH & Co., KG (GRW)
* Schaeffler KG (formerly known as INA-Schaeffler KG; INA
Vermogensverwaltungsgesellschaft GmbH; INA Holding Schaeffler KG;
FAG Kugelfischer Georg-Schaefer AG; FAG Automobiltechnik AG; FAG OEM
und Handel AG; FAG Komponenten AG; FAG Aircraft/Super Precision
Bearings GmbH; FAG Industrial Bearings AG; FAG Sales Europe GmbH; FAG
International Sales and Service GmbH (collectively INA/FAG))
(Schaeffler Germany)
* SKF GmbH (SKF Germany)
Italy:
* Schaeffler Italia S.r.l. (formerly known as FAG Italia S.p.A.;
FAG Automobiltechnik AG; FAG OEM und Handel AG (collectively FAG
Italy)) (Schaeffler Italy)
* SKF Industrie S.p.A.; SKF RIV-SKF Officine di Villas Perosa
S.p.A.; RFT S.p.A.; OMVP S.p.A. (collectively SKF Italy)
Japan:
* Aisin Seiki Co., Ltd. (Aisin Seiki)
* Asahi Seiko Co., Ltd. (Asahi Seiko)
* Canon Inc. (Canon)
* JTEKT Corporation (formerly known as Koyo Seiko Co., Ltd.)
(JTEKT)
* Mori Seiki Co., Ltd. (Mori Seiki)
* Nachi-Fujikoshi Corporation (Nachi)
* Nankai Seiko Co., Ltd. (Nankai Seiko)
* Nippon Pillow Block Co., Ltd. (NPB)
* NSK Ltd. (NSK)
* NTN Corporation (NTN)
* Osaka Pump Co., Ltd. (Osaka Pump)
* Sapporo Precision Inc. (Sapporo)
Singapore:
* NMB Singapore Ltd. and Pelmec Industries (Pte.) Ltd. (NMB/Pelmec)
United Kingdom:
* The Barden Corporation (UK) Limited; Schaeffler (UK) Ltd.
(formerly known as the Barden Corporation (UK) Ltd.; FAG (UK) Ltd.
(collectively Barden/FAG)) (collectively Barden/Schaeffler UK)
We invited interested parties to comment on the preliminary
results. At the request of certain parties, we held a hearing for
general issues on July 17, 2007, and a hearing for Japan-specific
issues on July 18, 2007. The Department has conducted these
administrative reviews in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
Rescission of Review in Part
In the Preliminary Results, we preliminarily found that KYK
Corporation Ltd. (formerly known as Tottori Yamakai Bearing Seisakusho,
Ltd.) (KYK) had no shipments of subject merchandise during the period
of review and we stated our intent to rescind the administrative review
with respect to this company. We have received no comment concerning
our intent to rescind. We continue to find that KYK had no shipments of
Japanese-made ball bearings for the final results of this review. We
are rescinding our review for KYK.
Scope of Orders
The products covered by the orders are ball bearings (other than
tapered roller 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 Schedules (HTS) subheadings: 3926.90.45, 4016.93.10,
4016.93.50, 6909.19.5010, 8431.20.00, 8431.39.0010, 8482.10.10,
8482.10.50,
[[Page 58054]]
8482.80.00, 8482.91.00, 8482.99.05, 8482.99.35, 8482.99.2580,
8482.99.6595, 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, 8708.93.6000, 8708.99.06, 8708.99.3100,
8708.99.4000, 8708.99.4960, 8708.99.58, 8708.99.8015, 8708.99.8080,
8803.10.00, 8803.20.00, 8803.30.00, 8803.90.30, and 8803.90.90.
As a result of recent changes to the HTS, effective February 2,
2007, the subject merchandise is also classifiable under the following
additional HTS item numbers: 8708.30.50.90, 8708.40.75.00,
8708.50.79.00, 8708.50.8900, 8708.50.91.50, 8708.50.99.00,
8708.70.6060, 8708.80.65.90, 8708.93.75.00, 8708.94.75, 8708.95.20.00,
8708.99.55.00, 8708.99.68, 8708.99.81.80.
Although the HTS item numbers above are provided for convenience
and customs purposes, the written descriptions of the scope of these
orders remain dispositive.
The size or precision grade of a bearing does not influence whether
the bearing is covered by one of the orders. These 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 these orders. For unfinished parts, such parts are
included if they have been heat-treated or heat treatment is not
required to be performed on the part. Thus, the only unfinished parts
that are not covered by these orders are those that will be subject to
heat treatment after importation. The ultimate application of a bearing
also does not influence whether the bearing is covered by the orders.
Bearings designed for highly specialized applications are not excluded.
Any of the subject bearings, regardless of whether they may ultimately
be utilized in aircraft, automobiles, or other equipment, are within
the scope of these orders.
For a listing of scope determinations which pertain to the orders,
see the Scope Determination Memorandum from the Antifriction Bearings
Team to Laurie Parkhill, dated May 29, 2007, which is on file in the
Central Records Unit (CRU) of the main Department of Commerce building,
room B-099, in the General Issues record (A-100-001) for the 2005-2006
reviews.
Analysis of the Comments Received
All issues raised in the case and rebuttal briefs by parties to the
concurrent administrative reviews of the orders on ball bearings and
parts thereof are addressed in the ``Issues and Decision Memorandum''
(Decision Memo) from Stephen J. Claeys, Deputy Assistant Secretary, to
David M. Spooner, Assistant Secretary, dated October 4, 2007, which is
hereby adopted by this notice. A list of the issues which parties have
raised and to which we have responded is in the Decision Memo and
attached to this notice as an Appendix. The Decision Memo, which is a
public document, is on file in the CRU, main Department of Commerce
building, Room B-099, and is accessible on the Web at http://ia.ita.doc.gov/frn/index.html.
The paper copy and electronic version of
the Decision Memo are identical in content.
Sales Below Cost in the Home Market
The Department disregarded home-market sales that failed the cost-
of-production test for the following firms for these final results of
reviews:
------------------------------------------------------------------------
Country Company
------------------------------------------------------------------------
France.............................................. SKF France, SNR
Germany............................................. GRW, Schaeffler
Germany, SKF
Germany
Italy............................................... Schaeffler Italy,
SKF Italy
Japan............................................... Asahi Seiko,
JTEKT, Nachi,
Nankai Seiko, NPB,
NSK, NTN, Osaka
Pump
Singapore........................................... NMB/Pelmec
United Kingdom...................................... Barden/Schaeffler
UK
------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on our analysis of comments received and based on our own
analysis of the preliminary results, we have made revisions that have
changed the results for certain firms. We have corrected programming
and ministerial errors in the preliminary results, where applicable.
Final Results of the Reviews
We determine that the following percentage weighted-average margins
on ball bearings and parts thereof exist for the period May 1, 2005,
through April 30, 2006:
FRANCE
------------------------------------------------------------------------
Company Margin (percent)
------------------------------------------------------------------------
SKF France.......................................... 8.99
SNR................................................. 13.32
------------------------------------------------------------------------
GERMANY
------------------------------------------------------------------------
Company Margin
------------------------------------------------------------------------
GRW................................................. 0.35
Schaeffler Germany.................................. 3.03
SKF Germany......................................... 3.06
------------------------------------------------------------------------
ITALY
------------------------------------------------------------------------
Company Margin
------------------------------------------------------------------------
Schaeffler Italy.................................... 1.57
SKF Italy........................................... 8.83
------------------------------------------------------------------------
JAPAN
------------------------------------------------------------------------
Company Margin
------------------------------------------------------------------------
Aisin Seiki......................................... 6.15
Asahi Seiko......................................... 1.28
Canon............................................... 10.17
JTEKT............................................... 15.01
Mori Seiki.......................................... 2.12
Nachi............................................... 11.46
Nankai Seiko........................................ 3.01
NPB................................................. 26.89
NSK................................................. 3.66
NTN................................................. 7.76
Osaka Pump.......................................... 4.76
Sapporo............................................. 7.63
------------------------------------------------------------------------
SINGAPORE
(May 1, 2005 July 10, 2005)
------------------------------------------------------------------------
Company Margin
------------------------------------------------------------------------
NMB/Pelmec.......................................... 12.61
------------------------------------------------------------------------
UNITED KINGDOM
------------------------------------------------------------------------
Company Margin
------------------------------------------------------------------------
Barden/Schaeffler UK................................ 0.68
------------------------------------------------------------------------
Assessment Rates
The Department will determine and U.S. Customs and Boarder
Protection (CBP) shall assess antidumping duties on all appropriate
entries. We intend to issue appropriate assessment instructions
directly to CBP 15 days after publication of these final results of
reviews. In accordance with 19 CFR 351.212(b)(1), we have calculated,
whenever possible, an importer/customer-specific assessment rate or
value for subject merchandise.The Department clarified its ``automatic
assessment'' regulation on May 6, 2003. See Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment of Antidumping Duties). This
clarification will apply to entries of subject merchandise during the
period of review produced by companies included in these final results
of reviews for which the
[[Page 58055]]
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 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 Assessment of Antidumping Duties.
Export Price
With respect to export-price (EP) sales, we divided the total
dumping margins (calculated as the difference between normal value and
the EP) for each exporter's importer or customer by the total number of
units the exporter sold to that importer or customer. We will direct
CBP to assess the resulting per-unit dollar amount against each unit of
merchandise on each of that importer's or customer's entries under the
relevant order during the review period.
Constructed Export Price
For constructed export-price (CEP) sales, we divided the total
dumping margins for the reviewed sales by the total entered value of
those reviewed sales for each importer. We will direct CBP to assess
the resulting percentage margin against the entered customs values for
the subject merchandise on each of that importer's entries under the
relevant order during the review period. See 19 CFR 351.212(b)(1).
Cash-Deposit Requirements
To calculate the cash-deposit rate for each respondent (i.e., each
exporter and/or manufacturer included in these reviews), we divided the
total dumping margins for each company by the total net value of that
company's sales of merchandise during the review period subject to each
order.
To derive a single deposit rate for each respondent, we weight-
averaged the EP and CEP deposit rates (using the EP and CEP,
respectively, as the weighting factors). To accomplish this when we
sampled CEP sales, 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 deposit rate.
We will direct CBP to collect the resulting percentage deposit rate
against the entered customs value of each of the exporter's entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice. Entries
of parts incorporated into finished bearings before sales to an
unaffiliated customer in the United States will receive the
respondent's deposit rate applicable to the order.
Furthermore, the following deposit requirements will be effective
upon publication of this notice of final results of administrative
reviews for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, consistent with section 751(a)(1) of the Act: (1) the
cash-deposit rates for the reviewed companies will be the rates shown
above; (2) for previously reviewed or investigated companies not listed
above, the cash-deposit rate will continue to be the company-specific
rate published for the most recent period; (3) if the exporter is not a
firm covered in this review, a prior review, or the original less-than-
fair-value (LTFV) investigation 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 review published on July 26, 1993. See Antifriction Bearings
(Other Than Tapered Roller Bearings) and Parts Thereof from France, et
al: 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 66471, 66521 (December 17,
1996). These rates are the ``All Others'' rates from the relevant LTFV
investigation.
These deposit requirements shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during these review periods. 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.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: Ocotober 4, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix
1. Zeroing of Negative Margins
2. Model-Matching Methodology
3. Constructed Export-Price Offset
4. Inventory Carrying Costs
5. Calculation of Cost of Production and Constructed Value
6. Use of Acquisition Costs
7. Miscellaneous Issues
A. Deduction of Japanese-Worker Expenses
B. U.S. Duty
C. Exclusion of High-Profit Sales
D. NTN Bearing Design
E. Further-Processing Methodology
F. Completeness of Reported U.S. Sales
G. 15-day Issuance of Liquidation Instructions
[FR Doc. E7-20151 Filed 10-11-07; 8:45 am]
BILLING CODE 3510-DS-S