[Federal Register: March 11, 2008 (Volume 73, Number 48)]
[Notices]
[Page 12953-12954]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr08-37]
[[Page 12953]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-801]
Ball Bearings and Parts Thereof from Germany: Initiation of
Antidumping Duty Changed-Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request for a changed-circumstances review
from myonic GmbH and pursuant to section 751(b) of the Tariff Act of
1930, as amended, and 19 CFR 351.216 and 351.221(c)(3), the Department
of Commerce is initiating a changed-circumstances review of the
antidumping duty order on ball bearings and parts thereof from Germany.
EFFECTIVE DATE: March 11, 2008.
FOR FURTHER INFORMATION CONTACT: Janis Kalnins at (202) 482-1392 or
Richard Rimlinger at (202) 482-4477, AD/CVD Operations, Office 5,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
The Department of Commerce (the Department) published antidumping
duty orders on ball bearings, cylindrical roller bearings, and
spherical plain bearings and parts thereof from Germany on May 15,
1989. See Antidumping Duty Orders: Ball Bearings, Cylindrical Roller
Bearings, and Spherical Plain Bearings and Parts Thereof From the
Federal Republic of Germany, 54 FR 20900 (May 15, 1989). The orders on
cylindrical roller bearings and spherical plain bearings and parts
thereof from Germany have been revoked. See Revocation of Antidumping
Duty Orders on Certain Bearings From Hungary, Japan, Romania, Sweden,
France, Germany, Italy, and the United Kingdom, 65 FR 42667 (July 11,
2000).
On January 31, 2008, myonic GmbH (myonic) informed the Department
that Miniaturkugellager Gesellschaft mit beschr[auml]nkter Haftung
(MKL) had changed its name to myonic and that all stock of myonic was
purchased by myonic Holding GmbH. Myonic has asked the Department to
initiate and conduct a changed-circumstances review to confirm that
myonic is the successor-in-interest to MKL for purposes of determining
antidumping-duty liabilities subject to this order. We have not
received any comments on myonic's request.
Scope of the Order
The products covered by this order are ball bearings and parts
thereof. These products include all 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 of the United States (HTSUS) 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.
As a result of recent changes to the Harmonized Tariff Schedule,
effective February 2, 2007, the subject merchandise is also
classifiable under the following additional HTS item numbers:
8708.30.5090, 8708.40.7500, 8708.50.7900, 8708.50.8900, 8708.50.9150,
8708.50.9900, 8708.80.6590, 8708.94.75, 8708.95.2000, 8708.99.5500,
8708.99.68, and 8708.99.8180.
Initiation of Changed-Circumstances Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.216, the Department will conduct a changed-
circumstances review upon receipt of information concerning, or a
request from an interested party for a review of, an antidumping duty
order which shows changed circumstances sufficient to warrant a review
of the order.
As indicated in the Background section, we have received the
information that MKL changed its name to myonic and that all stock of
myonic was purchased by myonic Holding GmbH. The information submitted
by myonic claiming that it is the successor-in-interest to MKL
demonstrates changed circumstances sufficient to warrant such a review.
See 19 CFR 351.216(d).
In a changed-circumstances review involving a successor-in-interest
determination, the Department typically examines several factors
including, but not limited to, changes in the following: (1)
management; (2) production facilities; (3) supplier relationships; (4)
customer base. See Certain Cut-to-Length Carbon Steel Plate from
Romania: Initiation and Preliminary Results of Changed Circumstances
Antidumping Duty Administrative Review, 70 FR 22847 (May 3, 2005).
While no single factor or combination of factors will necessarily be
dispositive, generally the Department will consider the new company to
be the successor to the predecessor if the resulting operations are
essentially the same as those of the predecessor company. See, e.g.,
Notice of Initiation of Antidumping Duty Changed Circumstances Review:
Certain Forged Stainless Steel Flanges from India, 71 FR 327 (January
4, 2006). Thus, if the record demonstrates that, with respect to the
production and sale of the subject merchandise, the new company
operates as the same business entity as the predecessor company, the
Department may assign the new company the cash-deposit rate of its
predecessor. See, e.g., Fresh and Chilled Atlantic Salmon from Norway:
Final Results of Changed Circumstances Antidumping Duty Administrative
Review, 64 FR 9979, 9980 (March 1, 1999).
Therefore, in accordance with section 751(b)(1) of the Act and 19
CFR 351.216 and 351.221(c)(3), the Department is initiating a changed-
circumstances review to determine whether myonic is the successor-in-
interest to MKL. Although myonic submitted documentation relating to
its name and status change from MKL to myonic, it did not provide
certain supporting documentation for the elements listed above.
Accordingly, the Department does not consider the information
sufficient to make a preliminary finding and has determined that it
would be inappropriate to expedite this action by combining the
preliminary results of review with this notice of initiation, as
permitted under 19 CFR 351.221(c)(3)(ii). As a result, the Department
is not issuing preliminary results for this changed-circumstances
review at this time.
Therefore, in accordance with 19 CFR 351.221(b)(2) and (4) and 19
CFR 351.221(c)(3)(i), we will issue a questionnaire requesting factual
information for the review and will publish a notice of preliminary
results of the antidumping duty changed-circumstances review in the
Federal Register. The notice will set forth the factual and legal
conclusions upon which our preliminary results are based. Pursuant to
19 CFR 351.221(b)(4)(ii),
[[Page 12954]]
interested parties will have an opportunity to comment on the
preliminary results of this review.
This notice of initiation is in accordance with section 751(b)(1)
of the Act, 19 CFR 351.216(b) and (d), and 19 CFR 351.221(b)(1).
Dated: March 5, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-4827 Filed 3-10-08; 8:45 am]
BILLING CODE 3510-DS-S