[Federal Register Volume 64, Number 153 (Tuesday, August 10, 1999)]
[Notices]
[Pages 43341-43342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20558]



[[Page 43341]]

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DEPARTMENT OF COMMERCE

International Trade Administration
[A-588-804]


Antifriction Bearings (Other Than Tapered Roller Bearings) and 
Parts Thereof From Japan; Initiation and Preliminary Results of 
Changed-Circumstances Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Initiation and Preliminary Results of Changed-
Circumstances Antidumping Duty Administrative Review.

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SUMMARY: The Department of Commerce has received information sufficient 
to warrant initiation of a changed-circumstances administrative review 
of the antidumping order on ball bearings and parts thereof from Japan. 
Based on this information, we preliminarily determine that Tsubaki-
Nakashima Co., Ltd., is the successor-in-interest to Tsubakimoto 
Precision Products, Co., Ltd. for purposes of determining antidumping 
liability.
    Interested parties are invited to comment on these preliminary 
results.

EFFECTIVE DATE: August 10, 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

    On May 15, 1989, the Department of Commerce (the Department) 
published in the Federal Register (54 FR 20904) the antidumping duty 
order on ball bearings and parts thereof from Japan. On July 16, 1999, 
Tsubaki-Nakashima Co., Ltd. (Tsubaki-Nakashima), submitted a letter 
stating that Tsubaki-Nakashima is the successor-in-interest to 
Tsubakimoto Precision Products, Co., Ltd. (Tsubakimoto), and that 
Tsubaki-Nakashima should receive the same antidumping duty treatment as 
is accorded Tsubakimoto with respect to ball bearings.

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 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.

Initiation and Preliminary Results of Review

    In a letter dated July 16, 1999, Tsubaki-Nakashima advised the 
Department that, effective April 1, 1996, 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 Co., Ltd. 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.
    Thus, in accordance with section 751(b) of the Tariff Act, as 
amended (the Act), the Department is initiating a changed-circumstances 
review to determine whether Tsubaki-Nakashima is the successor-in-
interest to Tsubakimoto for purposes of determining antidumping duty 
liability with respect to ball bearings. In making such a successor-in-
interest determination, the Department examines several factors 
including, but not limited to, changes in: (1) Management; (2) 
production facilities; (3) supplier relationships; and (4) customer 
base. See, e.g., Brass Sheet and Strip from Canada; Final Results of 
Antidumping Duty Administrative Review, 57 FR 20460 (May 13, 1992) 
(Canadian Brass). While no single or several of these factors will 
necessarily provide a dispositive indication, the Department will 
generally consider the new company to be the successor to the previous 
company if its resulting operation is similar to that of its 
predecessor. See, e.g., Industrial Phosphoric Acid from Israel; Final 
Results of Changed Circumstances Review, 59 FR 6944 (February 14, 
1994), and Canadian Brass. Thus, if the evidence demonstrates that, 
with respect to the production and sale of the subject merchandise, the 
new company operates as the same business entity as the former company, 
the Department will assign the new company the cash-deposit rate of its 
predecessor.
    We preliminarily determine that Tsubaki-Nakashima is the successor-
in-interest to Tsubakimoto. Tsubakimoto, the surviving company 
following its merger with Nakashima, is now operating as Tsubaki-
Nakashima. The former President of Tsubakimoto is now the President of 
Tsubaki-Nakashima. The rest of the company?s senior management 
structure including the board of directors is substantially similar to 
that of Tsubakimoto. In addition, the company's production facilities 
are substantially similar to Tsubakimoto as are supplier relationships 
and the company's customer base. Thus, we preliminarily determine that 
Tsubaki-Nakashima

[[Page 43342]]

should receive the same antidumping duty treatment with respect to ball 
bearings as the former Tsubakimoto, i.e., a 7.77 percent antidumping 
duty cash-deposit rate.

Public Comment

    Any interested party may request a hearing within 10 days of 
publication of this notice. Any hearing, if requested, will be held no 
later than 28 days after the date of publication of this notice, or the 
first workday thereafter. Case briefs and/or written comments from 
interested parties may be submitted not later than 14 days after the 
date of publication of this notice. Rebuttal briefs and rebuttals to 
written comments, limited to the issues raised in those comments, may 
be filed not later than 21 days after the date of publication of this 
notice. All written comments shall be submitted in accordance with 19 
CFR 351.303. Persons interested in attending the hearing, if one is 
requested, should contact the Department for the date and time of the 
hearing. The Department will publish the final results of this changed-
circumstances review, including the results of its analysis of issues 
raised in any written comments.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(b)(1) and 777(i)(1) of the Act and 
sections 351.216 and 351.222 of the Department's regulations.

    Dated: August 3, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-20558 Filed 8-9-99; 8:45 am]
BILLING CODE 3510-DS-P