[Federal Register Volume 66, Number 134 (Thursday, July 12, 2001)]
[Notices]
[Pages 36551-36555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17486]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


Antifriction Bearings (Other Than Tapered Roller Bearings) and 
Parts Thereof From France, Germany, Italy, Japan, 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 February 5, 2001, 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, 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 56 manufacturers/exporters. The periods of review are May 1, 
1999, through April 30, 2000, for ball bearings and May 1, 1999, 
through December 31, 1999, for cylindrical roller bearings and 
spherical plain bearings.
    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: July 12, 2001.

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.

France

    Edythe Artman (SNFA), George Callen (SNR), Lyn Johnson (Alfateam--
Belgium, Alfa-Team--Germany, Bearing Discount--Germany, Motion 
Bearings--Singapore, Yoo Shin--South Korea, Rodamientos Rovi--
Venezuela, Rovi-Valencia--Venezuela, Rovi-Maracay--Venezuela, RIRSA--
Mexico, DCD--Northern Ireland, Euro-Latin-United Kingdom (collectively, 
Resellers)), David Dirstine, or Richard Rimlinger.

Germany

    George Callen (Cerobear), Hermes Pinilla (INA), Thomas Schauer 
(Torrington Nadellager), Lyn Johnson (Resellers), David Dirstine, or 
Richard Rimlinger.

Italy

    Lyn Johnson (Resellers) or David Dirstine.

Japan

    Minoo Hatten (NSK), Thomas Schauer (NTN), Lyn Johnson (Koyo), David 
Dirstine, or Richard Rimlinger.

Sweden

    Lyn Johnson (Resellers) or David Dirstine.

United Kingdom

    Thomas Schauer (Timken, RHP/NSK), Dimitry Vladimirov (SNFA), David 
Dirstine, 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 (2000).

Background

    On February 5, 2001, 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, Sweden, and the United 
Kingdom (66 FR 8931). The reviews cover 56 manufacturers/exporters. The 
periods of review (POR) are May 1, 1999, through April 30, 2000, for 
ball bearings and May 1, 1999, through December 31, 1999, for 
cylindrical roller bearings and spherical plain bearings. We invited 
interested parties to comment on our preliminary results. At the 
request of certain parties, we held hearings for Germany-specific 
issues and reseller issues for France, Germany, Sweden and Italy on 
March 22, 2001, and for Japan-specific issues on March 26, 2001. The 
Department has conducted these administrative reviews in accordance 
with section 751 of the Act.

Scope of the Orders

    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 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,

[[Page 36552]]

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 May 11, 2001. The 
Scope Memo is on file in the Central Records Unit (CRU), Main Commerce 
Building, Room B-099.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
these concurrent administrative reviews of the orders on antifriction 
bearings are addressed in the ``Issues and Decision Memorandum'' 
(Decision Memo) from Richard W. Moreland, Deputy Assistant Secretary, 
to Faryar Shirzad, Assistant Secretary, dated June 5, 2001, 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 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-
of-production test for the following firms and classes or kinds of 
merchandise for these final results of reviews:

------------------------------------------------------------------------
               Country                  Company    Subject merchandise
------------------------------------------------------------------------
France...............................       SNR  BBs
Germany..............................       INA  CRBs
Japan................................      Koyo  BBs, CRBs
                                            NSK  BBs, CRBs
                                            NTN  BBs, CRBs, SPBs
United Kingdom.......................   NSK-RHP  BBs
------------------------------------------------------------------------

Partial Revocation of the Orders

    In the preliminary results we stated our intent to revoke the order 
covering CRBs from France as it pertains to the sales of these bearings 
by SNFA France (66 FR at 8934). However, the order on CRBs from France 
was revoked on January 1, 2000, pursuant to a sunset review decision of 
the International Trade Commission under section 751(c) of the Act (see 
Revocation of Antidumping Duty Orders on Certain Bearings From Hungary, 
Japan, Romania, Sweden, France, Germany, Italy, and the United Kingdom, 
65 FR 46267 (July 11, 2000) (Sunset Revocation Notice)). Therefore, 
there is no need for us to rule on this matter in the context of this 
particular review.
    In addition, also in our preliminary results, we stated our intent 
not to revoke the order covering BBs from the United Kingdom as it 
pertained to sales of these bearings by SNFA U.K. However, due to a 
recalculation of SNFA U.K.'s margin as the result of clerical errors in 
our preliminary calculations (see Post-Preliminary Disclosure Memo from 
Laurie Parkhill to Richard Moreland, dated May 4, 2001), the final 
margin for SNFA U.K. is zero, and we are revoking this order in part 
with respect to SNFA U.K. The revocation in part applies to subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after May 1, 2000.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made revisions 
that have changed the results for certain firms. We have corrected 
programming and clerical errors in the 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 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, 1999, through April 30, 2000 (for BBs), and 
for the period May 1, 1999, through December 31, 1999 (for CRBs and 
SPBs):

[[Page 36553]]



------------------------------------------------------------------------
                                                              Spherical
             Company                   Ball     Cylindrical     plain
------------------------------------------------------------------------
France:
  SNFA...........................        (\3\)         0.00  ...........
  SNR............................         1.64        (\3\)  ...........
  Alfateam.......................        66.18        (\3\)  ...........
  Alfa-Team......................        66.18        (\3\)  ...........
  Bearing Discount...............        (\2\)        (\3\)  ...........
  Motion Bearings................        66.18        (\3\)  ...........
  Yoo Shin.......................        66.18        (\3\)  ...........
  Rodamientos Rovi...............        (\2\)        (\3\)  ...........
  Rovi-Valencia..................        (\2\)        (\3\)  ...........
  Rovi-Maracay...................        (\2\)        (\2\)        (\3\)
  RIRSA..........................        (\2\)        (\3\)  ...........
  DCD............................        66.18        (\3\)  ...........
  Euro-Latin.....................        (\2\)        (\3\)  ...........
Germany:
  Cerobear.......................         0.03         0.00        (\3\)
  INA............................        (\1\)         2.96        (\1\)
  Torrington Nadellager..........         1.22        61.60        (\3\)
  Alfateam.......................        70.41        61.60        (\3\)
  Alfa-Team......................        70.41        61.60        (\3\)
  Bearing Discount...............        (\2\)        (\2\)        (\3\)
  Motion Bearings................        70.41        61.60        (\3\)
  Yoo Shin.......................        70.41        61.60        (\3\)
  Rodamientos Rovi...............        (\2\)        (\2\)        (\3\)
  Rovi-Valencia..................        (\2\)        (\2\)        (\3\)
  Rovi-Maracay...................        (\2\)        (\2\)        (\3\)
  RIRSA..........................        (\2\)        (\2\)        (\3\)
  DCD............................        70.41        61.60        (\3\)
  Euro-Latin.....................        (\2\)        (\2\)        (\3\)
Italy:
  Alfateam.......................        68.29  ...........  ...........
  Alfa-Team......................        68.29  ...........  ...........
  Bearing Discount...............        (\2\)  ...........  ...........
  Motion Bearings................        68.29  ...........  ...........
  Yoo Shin.......................        68.29  ...........  ...........
  Rodamientos Rovi...............        (\2\)  ...........  ...........
  Rovi-Valencia..................        (\2\)  ...........  ...........
  Rovi-Maracay...................        (\2\)  ...........  ...........
  RIRSA..........................        (\2\)  ...........  ...........
  DCD............................        68.29  ...........  ...........
  Euro-Latin.....................        (\2\)  ...........  ...........
Japan:
  Koyo...........................        10.10         5.28         0.00
  NSK Ltd........................         4.22         5.74        (\3\)
  NTN............................         9.16        16.26         3.60
  Sapporo........................        73.55        (\3\)        (\3\)
Sweden:
  Alfateam.......................        13.55  ...........  ...........
  Alfa-Team......................        13.55  ...........  ...........
  Bearing Discount...............        (\2\)  ...........  ...........
  Motion Bearings................        13.55  ...........  ...........
  Yoo Shin.......................        13.55  ...........  ...........
  Rodamientos Rovi...............        (\2\)  ...........  ...........
  Rovi-Valencia..................        (\2\)  ...........  ...........
  Rovi-Maracay...................        (\2\)  ...........  ...........
  RIRSA..........................        (\2\)  ...........  ...........
  DCD............................        13.55  ...........  ...........
  Euro-Latin.....................        (\2\)  ...........  ...........
United Kingdom:
  NSK/RHP........................        15.65  ...........  ...........
  SNFA...........................         0.00  ...........  ...........
  Timken.........................         1.11  ...........  ...........
------------------------------------------------------------------------
\1\ No shipments or sales subject to this review. The deposit rate
  remains unchanged from the last relevant segment of the proceeding in
  which the firm had shipments/sales.
\2\ No shipments or sales subject to this review. The firm has no
  individual rate from any segment of this proceeding.
\3\ No request for review under section 751(a) of the Act.

Resellers

    With respect to Bearing Discount International, Euro-Latin Export 
Services Limited, Representaciones Industriales Rodriquez, S.A. de 
C.V., Rodamientos Rovi C.A., Rovi-Maracay, and Rovi-Valencia, we have 
determined that these respondents had no shipments during the POR. We 
have

[[Page 36554]]

based our determination on letters from these respondents indicating 
that they had no shipments and on our examination of the Customs 
Service database for imports of entered merchandise involving these 
respondents. Based upon the record and our methodology of reviewing 
Customs Service information, we have determined that the respondents at 
issue had no shipments during the POR, and we have not established 
margins for use as future cash-deposit rates.
    As explained in the accompanying Decision Memorandum, however, 
notwithstanding their letters reporting that they had made no 
shipments, it is impossible to establish with certainty from Customs 
Service data the accuracy of their statements. Therefore, we will 
instruct the Customs Service at the time of liquidation to review all 
documentation for suspended entries of subject merchandise. If the 
Customs Service finds that any of the six ``no-shipment'' respondents 
in fact had shipments of subject merchandise during the POR, we will 
instruct the Customs Service to apply a facts-available rate to such 
respondents based on the adverse facts-available rate we have 
determined for the applicable country of origin (France, Germany, 
Italy, or Sweden) and subject merchandise. See Preliminary Results, 66 
FR 8933, for a description of our determination of these rates.

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-specific assessment rate or value for subject 
merchandise.

a. Export Price

    With respect to export-price (EP) sales for these final results, we 
divided the total dumping margins (calculated as the difference between 
normal value (NV) and EP) 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 EP 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 full or in part, cash 
deposits will not be required on entries made after the effective date 
of the revocation, identified in the Revocation section 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 in full (see Sunset Revocation Notice) or in 
part (see Revocation section 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) 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 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.
    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. Timely

[[Page 36555]]

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 determinations and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 
351.210(c).

    Dated: July 5, 20002.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix

Comments and Responses

1. Facts Available
2. CEP Profit
3. Price Adjustments
    A. Inventory Carrying Costs
    B. Commissions
    C. Bank Charges
    D. Other Direct Selling Expenses
    E. Other
4. Resellers
5. Level of Trade
6. Arm's-Length Test
7. Prototypes and Sales Outside the Ordinary Course of Trade
8. Further Manufacturing
9. Cost of Production and Constructed Value
    A. Profit for Constructed Value
    B. Affiliated-Party Inputs
    C. When to Use CV
10. Packing and Movement Expenses
11. Miscellaneous
    A. Clerical Errors
    B. Scope
    C. Other

[FR Doc. 01-17486 Filed 7-11-01; 8:45 am]
BILLING CODE 3510-DS-P