[Federal Register Volume 65, Number 156 (Friday, August 11, 2000)]
[Notices]
[Pages 49219-49223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20441]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-801, A-428-801, A-475-801, A-588-804, A-485-801, A-559-801, A-
401-801, A-412-801]


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 and Revocation of Orders in Part

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

ACTION: Notice of final results of antidumping duty administrative 
reviews and revocation of orders in part

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SUMMARY: On April 6, 2000, the Department of Commerce published the 
preliminary results of the administrative reviews of the antidumping 
duty orders on antifriction bearings (other than tapered roller 
bearings) and parts thereof from France, Germany, Italy, Japan, 
Romania, Singapore, Sweden, and the United Kingdom. The merchandise 
covered by these orders are ball bearings and parts thereof, 
cylindrical roller bearings and parts thereof, and spherical plain 
bearings and parts thereof. The reviews cover 36 manufacturers/
exporters. The period of review is May 1, 1998, through April 30, 1999.
    Based on our analysis of the comments received, we have made 
changes, including corrections of certain programming and other 
clerical 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: August 11, 2000.

FOR FURTHER INFORMATION: Please contact the appropriate case analysts 
for the various respondent firms as listed below, at Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, Washington, D.C. 20230; telephone: (202) 482-4733.

[[Page 49220]]

    France: Lyn Johnson (SKF), Georgia Creech (SNFA), Edythe Artman 
(SNR), Robin Gray, or Richard Rimlinger.
    Germany: Mark Ross (Torrington Nadellager), Davina Hashmi (SKF, 
MPT), Hermes Pinilla (FAG), Suzanne Brower (INA), Edythe Artman (SNR), 
Thomas Schauer (NTN, Paul Muller), Robin Gray, or Richard Rimlinger.
    Italy: Minoo Hatten (SKF), Suzanne Brower (FAG), Georgia Creech 
(Somecat), or Robin Gray.
    Japan: J. David Dirstine (Nachi-Fujikoshi, Tsubaki, Koyo), Thomas 
Schauer (NTN, NSK, IJK), Lyn Johnson (NPBS, Nakai Bearing), Sergio 
Gonzalez (Asahi Seiko, IKS, Takeshita), Minoo Hatten (Nankai Seiko), 
Mark Ross (Osaka Pump), George Callen (KYK), Robin Gray, or Richard 
Rimlinger.
    Romania: Suzanne Brower (TIE), J. David Dirstine (Koyo), or Robin 
Gray.
    Singapore: George Callen (NMB/Pelmec) or Robin Gray.
    Sweden: Georgia Creech (SKF) or Robin Gray.
    United Kingdom: Hermes Pinilla (FAG, Barden), Georgia Creech 
(SNFA), Edythe Artman (SNR), Robin Gray, or Richard Rimlinger.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department of Commerce's (the 
Department's) regulations are to 19 CFR Part 351 (1999).

Background

    On April 6, 2000, the Department of Commerce (the Department) 
published the preliminary results of the administrative reviews of the 
antidumping duty orders on antifriction bearings (other than tapered 
roller bearings) and parts thereof from France, Germany, Italy, Japan, 
Romania, Singapore, Sweden, and the United Kingdom (65 FR 18033). The 
reviews cover 36 manufacturers/exporters. The period of review (POR) is 
May 1, 1998, through April 30, 1999. We invited interested parties to 
comment on our preliminary results. At the request of certain parties, 
we held hearings for Germany-specific issues on May 17, 2000, and for 
Japan-specific issues on May 22, 2000. The Department has conducted 
these administrative reviews in accordance with section 751 of the Act.
    In our preliminary results, we rescinded the administrative review 
of NTN Germany on the basis that we had received timely withdrawal of 
the request for review. However, this conclusion was erroneous, since 
the petitioner, which has requested the review, had not withdrawn its 
request. Therefore, we reinstated NTN Germany in the pertinent review 
by letter to the company, dated May 2, 2000, and have included it in 
our final results of review.

Scope of Reviews

    The products covered by these orders, antifriction bearings (other 
than tapered roller bearings), mounted or unmounted, and parts thereof, 
constitute the following classes or kinds of merchandise:
    1. 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 (BBs) with integral shafts, BBs 
(including radial BBs) and parts thereof, and housed or mounted BB 
units and parts thereof.
    Imports of these products are classified under the following 
Harmonized Tariff Schedules (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.
    2. Cylindrical Roller Bearings, Mounted or Unmounted, and Parts 
Thereof: These products include all antifriction bearings that employ 
cylindrical rollers as the rolling element. Imports of these products 
are classified under the following categories: antifriction rollers, 
all cylindrical roller bearings (including split cylindrical roller 
bearings) (CRBs) and parts thereof, and housed or mounted CRB units and 
parts thereof.
    Imports of these products are classified under the following HTSUS 
subheadings: 3926.90.45, 4016.93.00, 4016.93.10, 4016.93.50, 
6909.19.5010, 8431.20.00, 8431.39.0010, 8482.40.00, 8482.50.00, 
8482.80.00, 8482.91.00, 8482.99.25, 8482.99.35, 8482.99.6530, 
8482.99.6560, 8482.99.70, 8483.20.40, 8483.20.80, 8483.50.8040, 
8483.90.20, 8483.90.30, 8483.90.70, 8708.50.50, 8708.60.50, 
8708.93.5000, 8708.99.4000, 8708.99.4960, 8708.99.50, 8708.99.8080, 
8803.10.00, 8803.20.00, 8803.30.00, 8803.90.30, and 8803.90.90.
    3. Spherical Plain Bearings, Mounted and Unmounted, and Parts 
Thereof: These products include all spherical plain bearings (SPBs) 
that employ a spherically shaped sliding element and include spherical 
plain rod ends.
    Imports of these products are classified under the following HTSUS 
subheadings: 3926.90.45, 4016.93.00, 4016.93.10, 4016.93.50, 
6909.50.10, 8483.30.80, 8483.90.30, 8485.90.00, 8708.93.5000, 
8708.99.50, 8803.10.00, 8803.20.00, 8803.30.00, 8803.90.30, and 
8803.90.90.
    The HTSUS item numbers are provided for convenience and customs 
purposes. They are not determinative of the products subject to the 
orders. The written descriptions remain dispositive.
    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 these orders. For unfinished parts, such parts are 
included if (1) they have been heat-treated, or (2) 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 scopes of these orders.
    For a listing of scope determinations which pertain to the orders, 
see the ``Scope Determinations Memorandum'' (Scope Memo) from the 
Antifriction Bearings Team to Laurie Parkhill, dated August 4, 2000, 
and hereby adopted by this notice. The Scope Memo is on file in the 
Central Records Unit (CRU), Main Commerce Building, Room B-099, and is 
accessible on the Web at www.ia.ita.doc.gov. The paper copy and 
electronic version of the Scope Memo are identical in content.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
these concurrent administrative reviews of the

[[Page 49221]]

orders on antifriction bearings are addressed in the ``Issues and 
Decision Memorandum'' (Decision Memo) from Richard W. Moreland, Deputy 
Assistant Secretary, to Troy H. Cribb, Acting Assistant Secretary, 
dated August 4, 2000, which is hereby adopted by this notice. A list of 
the issues which parties have raised and to which we have responded, 
all of which are in the Decision Memo, is attached to this notice as an 
Appendix. This Decision Memo, which is a public document, is on file in 
the CRU, Main Commerce Building, Room B-099, and is accessible on the 
Web at www.ia.ita.doc.gov. 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 
test for the following firms and classes or kinds of merchandise for 
these final results of reviews:

------------------------------------------------------------------------
            Country                  Company       Subject  merchandise
------------------------------------------------------------------------
France........................  SKF.............  BBs
                                SNR.............  BBs
Germany.......................  SKF.............  BBs, CRBs, SPBs
                                FAG.............  BBs, CRBs
                                INA.............  BBs, CRBs, SPBs
                                Torrington        CRBs
                                 Nadellager.
Italy.........................  FAG.............  BBs
                                SKF.............  BBs
Japan.........................  Asahi Seiko.....  BBs
                                IKS.............  BBs
                                Koyo............  BBs, CRBs
                                Nachi...........  BBs, CRBs
                                NSK.............  BBs, CRBs
                                NTN.............  BBs, CRBs, SPBs
                                NPBS............  BBs
Sweden........................  SKF.............  BBs
United Kingdom................  Barden..........  BBs
                                NSK-RHP.........  BBs, CRBs
------------------------------------------------------------------------

Partial Revocation of Orders

    In our preliminary results we stated our intent to revoke the order 
covering BBs from France as it pertains to the sales of these bearings 
by SNFA France. Since our preliminary findings regarding this request 
for revocation has been affirmed, based on our final results of review, 
we are revoking this order in part. The effective date of this 
revocation in part is May 1, 1999.
    In addition, also in our preliminary results, we stated our intent 
not to revoke the order covering BBs from Italy as it pertained to 
sales of these bearings by Somecat. However, due to a recalculation of 
Somecat's margin, which resulted in a de minimis finding of dumping for 
the final results of review, we are revoking this order, in part, with 
respect to Somecat. The revocation in part applies to subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after May 1, 1999.
    In our preliminary results, we also stated our intent to revoke the 
antidumping duty order covering BBs from Romania as it pertains to 
TIE's sales of merchandise from those suppliers which supplied TIE 
during the time period that formed the basis for the revocation. The 
Department is not addressing the issue of revocation as it pertains to 
TIE Romania because the issue has been rendered moot by the United 
States International Trade Commission (ITC) determination in a sunset 
review pursuant to 751(c) of the Act that revocation of the order on 
AFBs from Romania would not be likely to lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time. See Certain Bearings from China, 
France, Germany, Hungary, Italy, Japan, Romania, Singapore, Sweden, and 
the United Kingdom, Inv. Nos. AA-1921-143, et al., 65 FR 39925 (June 
28, 2000).
    The discussion of issues and comments pertaining to these 
revocations is contained in the ``Revocation'' section of the Decision 
Memo, which is accessible on the Web at www.ia.ita.doc.gov and is on 
file in the CRU, Room B-099.

Sunset Revocations

    On June 28, 2000, the International Trade Commission (ITC), 
pursuant to section 751(c) of the Act, determined that revocation of 
the antidumping duty orders on certain bearings from Japan, Romania, 
Sweden, France, Germany, Italy, and the United Kingdom would not be 
likely to lead to continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time (65 
FR 39925). Therefore, pursuant to 19 CFR 351.222(i)(1), the Department 
revoked the following orders on July 11, 2000: BBs from Romania, BBs 
and CRBs from Sweden, CRBs from France, CRBs and SPBs from Germany, 
CRBs from Italy, CRBs and SPBs from Japan, CRBs from the United Kingdom 
(65 FR 42667). The effective date of these sunset revocations is 
January 1, 2000.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made revisions 
that have changed our results for certain firms. We have corrected 
programming and clerical errors in our preliminary results, where 
applicable. Any alleged programming or clerical errors about which we 
or the parties do not agree are discussed in the relevant sections of 
the Decision Memo, which is accessible on the Web at www.ia.ita.doc.gov 
and is on file in the CRU, Room B-099.

Final Results of Reviews

    We determine that the following percentage weighted-average margins 
exist for the period May 1, 1998, through April 30, 1999:

----------------------------------------------------------------------------------------------------------------
                                                                                                     Spherical
                        Company                               Ball             Cylindrical             plain
----------------------------------------------------------------------------------------------------------------
France:
    SKF................................................          11.43              (1)                   14.83
    SNFA...............................................           0.00            0.06                       (2)
    SNR................................................           0.39            0.22                       (2)
Germany:
    FAG................................................           7.03            8.01                       (2)
    INA................................................          19.54            5.18                     0.84
    MPT................................................             (2)           0.00                       (2)
    NTN................................................          70.41              (2)                      (2)
    Paul Muller........................................           0.00              (2)                      (2)
    SKF................................................           6.39            7.79                     5.02
    SNR................................................           5.92            2.46                       (2)
    Torrington Nadellager..............................             (2)          61.60                       (1)
Italy:
    FAG................................................           2.04            1.13
    SKF................................................           4.11              (2)
    Somecat............................................           0.15              (1)

[[Page 49222]]

 
Japan:
    Asahi Seiko........................................           0.67              (2)                      (2)
    IJK................................................          12.80              (2)                      (2)
    IKS................................................           9.99              (2)                      (2)
    Koyo...............................................           5.39            0.92                     0.00
    KYK................................................           6.79              (2)                      (2)
    Nachi..............................................           4.62            1.31                       (2)
    Nakai Bearing......................................           4.55              (2)                      (2)
    Nankai Seiko.......................................           0.33              (2)                      (2)
    NPBS...............................................           2.53              (2)                      (2)
    NSK Ltd............................................           2.81            1.79                       (2)
    NTN................................................           6.14            3.49                     2.78
    Osaka Pump.........................................          19.58              (2)                      (2)
    Takeshita..........................................          19.58              (2)                      (2)
    Tsubaki............................................          12.05              (2)                      (2)
Romania:
    Koyo...............................................           0.00
    TIE................................................           0.04
Singapore:
    NMB/Pelmec.........................................           1.26
Sweden:
    SKF................................................           2.82              (1)
United Kingdom:
    Barden Corporation.................................           1.28              (1)
    FAG (U.K.).........................................             (1)             (1)
    SNFA...............................................           0.00              (2)
    SNR................................................           0.32              (2)
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\1\ No shipments or sales subject to this review. The deposit rate remains unchanged, as appropriate.
\2\ No request for review under section 751(a) of the Act.

Assessment Rates

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. In accordance 
with 19 CFR 351.212(b)(1), we have calculated, whenever possible, an 
exporter/importer-or customer-specific assessment rate or value for 
subject merchandise.

a. Export Price

    With respect to export-price sales for these final results, we 
divided the total dumping margins (calculated as the difference between 
normal value and export price) for each importer/customer by the total 
number of units sold to that importer/customer. We will direct the 
Customs Service to assess the resulting per-unit dollar amount against 
each unit of merchandise on each of that importer's/customer's entries 
under the relevant order during the review period.

b. Constructed Export Price

    For constructed export-price (CEP) sales (sampled and non-sampled), 
we divided the total dumping margins for the reviewed sales by the 
total entered value of those reviewed sales for each importer. When an 
affiliated party acts as an importer for export-price sales we have 
included the applicable export-price sales in the assessment-rate 
calculation. We will direct the Customs Service 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(a)).

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 for that 
company's sales of merchandise during the review period subject to each 
order.
    In order to derive a single deposit rate for each order for each 
respondent, we weight-averaged the export-price and CEP deposit rates 
(using the export price 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. We 
then divided the combined total dumping margins for both export-price 
and CEP sales by the combined total value for both export-price and CEP 
sales to obtain the deposit rate.
    We will direct the Customs Service 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. If an order has been revoked in part or in full, cash 
deposits will not be required on entries made after the effective date 
of the revocation, identified in the Revocation sections above.
    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 antifriction bearings entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(1) of the Act unless the 
order has been revoked (see Revocation sections above): (1) The cash-
deposit rates for the reviewed companies will be the rates shown above 
except that, for firms whose weighted-average margins are less than 0.5 
percent and therefore de minimis, the Department shall not require a 
deposit of estimated antidumping duties; (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)

[[Page 49223]]

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; and (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), and, for BBs from Italy, see 
Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts 
Thereof From France, et al: Final Results of Antidumping Duty 
Administrative Reviews, Partial Termination of Administrative Reviews, 
and Revocation in Part of Antidumping Duty Orders, 61 FR 66472 
(December 17, 1996)). These rates are the ``All Others'' rates from the 
relevant LTFV investigation.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative reviews.
    This notice serves as a 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 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.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3) or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing this determination in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 4, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.

Appendix

Comments and Responses

1. Facts Available
2. Revocation
3. Export Price/CEP
    A. CEP Offset
    B. CEP Profit
    C. Other Expenses
4. Discounts and Rebates
5. Price Adjustments
    A. Indirect Selling Expenses
    B. Inventory Carrying Costs
    C. Credit Expenses
    D. Commissions
    E. Advertising Expenses
    F. Technical Service Expenses
    G. Bank Charges
    H. Repacking Expenses
    I. Other Direct Selling Expenses
6. Level of Trade
7. Samples and Sales Outside the Ordinary Course of Trade
8. Cost of Production and Constructed Value
    A. Profit for Constructed Value
    B. Affiliated-Party Inputs
    C. General, Selling, and Administrative Expenses
    D. When to Use CV
    E. Inventory Write-offs
    F. Allowance for Doubtful Accounts
    G. Marketable Securities
9. Packing and Movement Expenses
10. Romania-Specific Issues
11. Miscellaneous
    A. Programming and Clerical Errors
    B. Date of Sale
    C. Sample Weeks
    D. Clerical Errors in a Respondent's Data

[FR Doc. 00-20441 Filed 8-10-00; 8:45 am]
BILLING CODE 3510-DS-P