[Federal Register Volume 67, Number 169 (Friday, August 30, 2002)]
[Notices]
[Pages 55780-55782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22254]



[[Page 55780]]

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DEPARTMENT OF COMMERCE

International Trade Administration

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


Ball Bearings and Parts Thereof From France, Germany, Italy, 
Japan, and the United Kingdom; Final Results of Antidumping Duty 
Administrative Reviews

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

ACTION: Notice of Final Results of Antidumping Duty Administrative 
Reviews.

-----------------------------------------------------------------------

EFFECTIVE DATE: August 30, 2002.
SUMMARY: On April 10, 2002, 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, and the United Kingdom. The reviews cover 40 
manufacturers/exporters. The period of review is May 1, 2000, through 
April 30, 2001.
    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.''

FOR FURTHER INFORMATION: Please contact the appropriate case analysts 
for the various respondent firms as listed below; Office of AD/CVD 
Enforcement 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, Washington, DC 20230; 
telephone: (202) 482-4733.

France

    Dmitry Vladimirov (SKF), Lyn Johnson (Bearing Discount Int./
Germany, Rodamientos Rovi/ Venezuela, Rovi-Valencia/Venezuela, Rovi-
Marcay/Venezuela, RIRSA/Mexico, DCD/Northern Ireland, EuroLatin Ex. 
Services/United Kingdom (collectively, Resellers)), Mark Ross, or 
Richard Rimlinger.

Germany

    Dunyako Ahmadu (Paul Mueller, FAG), Thomas Schauer (Torrington 
Nadellager), Lyn Johnson (Resellers), Mark Ross, or Richard Rimlinger.

Italy

    Brian Ellman (SKF), Janis Kalnins (FAG), Lyn Johnson (Resellers), 
Mark Ross, or Richard Rimlinger.

Japan

    Edythe Artman (Nachi), Minoo Hatten (NSK), Lyn Johnson (Koyo, 
Asahi), Fred Aziz (Nankai Seiko), Janis Kalnins (NPBS), Kristin Case 
(Isuzu), J. David Dirstine (NTN), George Callen (Osaka Pump, 
Takeshita), Mark Ross, or Richard Rimlinger.

United Kingdom

    Thomas Schauer (RHP/NSK), Dmitry Vladimirov (Barden), Catherine 
Cartsos (FAG), Mark Ross, 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 (2001).

Background

    On April 10, 2002, the Department published the preliminary results 
of the administrative reviews of the antidumping duty orders on ball 
bearings and parts thereof (BBs) from France, Germany, Italy, Japan, 
and the United Kingdom (67 FR 17361) (Preliminary Results). The period 
of review (POR) is May 1, 2000, through April 30, 2001. We invited 
interested parties to comment on the preliminary results. At the 
request of certain parties, we held hearings for Japan-specific issues 
on June 6, 2002, and for Germany-specific issues on June 11, 2002. 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, ball bearings, mounted or 
unmounted, and parts thereof, include all antifriction bearings that 
employ balls as the rolling element. Imports of these products are 
classified under the following categories: antifriction balls, 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 currently classifiable under the 
following Harmonized Tariff Schedule 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.
    The HTSUS item numbers are provided for convenience and customs 
purposes. They are not determinative of the products subject to the 
order. The written descriptions remain dispositive.
    The size or precision grade of a bearing does not influence whether 
the bearing is covered by an order. 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 
scopes 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 April 1, 2002. 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 ball bearings 
are addressed in the ``Issues and Decision Memorandum'' (Decision Memo) 
from Richard W. Moreland, Deputy Assistant Secretary, to Faryar 
Shirzad, Assistant Secretary, dated August 23, 2002, 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

[[Page 55781]]

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 
http://ia.ita.doc.gov/frn. 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
United Kingdom...........................  NSK
                                           Barden
Italy....................................  SKF
Japan....................................  Koyo
                                           NSK
                                           NTN
                                           Nachi
                                           Asahi
                                           NPBS
                                           Nankai Seiko
Germany..................................  Paul Mueller
------------------------------------------------------------------------

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 http://ia.ita.doc.gov/frn and is on file in the CRU, Room B-099.

Final Results of Reviews

    We determine that the following percentage weighted-average margins 
on BBs exist for the period May 1, 2000, through April 30, 2001:

------------------------------------------------------------------------
                                                                 Margin
                           Company                             (percent)
------------------------------------------------------------------------
                                 FRANCE
------------------------------------------------------------------------
SKF France S.A. and Sarma....................................      8.51
Bearings Discount International GmbH.........................     66.18
Rodamientos Rovi.............................................     (\2\)
Rovi-Valencia................................................     (\2\)
Rovi-Marcay..................................................     (\2\)
Representaciones Industriales Rodriguez S.A..................     66.18
DCD..........................................................     66.18
EuroLatin Export Services, Ltd...............................     (\2\)
------------------------------------------------------------------------
                                 GERMANY
------------------------------------------------------------------------
FAG Kugelfischer Georg Schaefer AG...........................      0.34
Torrington Nadellager GmbH...................................      1.22
Bearings Discount International GmbH.........................     70.41
Paul Mueller Industrie GmbH & Co. KG.........................      0.04
Rodamientos Rovi.............................................     (\2\)
Rovi-Valencia................................................     (\2\)
Rovi-Marcay..................................................     (\2\)
Representaciones Industriales Rodriguez S.A..................     70.41
DCD..........................................................     70.41
EuroLatin Export Services, Ltd...............................     (\2\)
------------------------------------------------------------------------
                                  ITALY
------------------------------------------------------------------------
FAG Italia S.p.A.............................................      1.42
SKF Industrie S.p.A..........................................      3.70
Bearings Discount International GmbH.........................     68.29
Rodamientos Rovi.............................................     (\2\)
Rovi-Valencia................................................     (\2\)
Rovi-Marcay..................................................     (\2\)
Representaciones Industriales Rodriguez S.A..................     68.29
DCD..........................................................     68.29
EuroLatin Export Services, Ltd...............................     (\2\)
------------------------------------------------------------------------
                                  JAPAN
------------------------------------------------------------------------
Koyo Seiko Co., Ltd..........................................      7.70
NSK Ltd......................................................      6.07
NTN Corporation..............................................      9.72
Osaka Pump Co., Ltd..........................................      0.98
Takeshita Seiko Co., Ltd.....................................      2.88
Asahi Seiko Co., Ltd.........................................      2.51
Isuzu Motors Ltd.............................................     73.55
Nachi-Fujikoshi Corporation..................................     10.33
Nankai Seiko Co., Ltd........................................      0.59
Nippon Pillow BlockSales Co., Ltd............................      3.42
------------------------------------------------------------------------
                             UNITED KINGDOM
------------------------------------------------------------------------
NSK Bearings Europe, Ltd.....................................     16.87
FAG (U.K.) Ltd...............................................     (\1\)
The Barden Corporation (U.K.) Ltd............................     3.87
------------------------------------------------------------------------
\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.

Resellers

    With respect to EuroLatin Export Services Limited, Rodamientos Rovi 
C.A., Rovi-Maracay, and Rovi-Valencia and the reviews of the 
antidumping duty orders on BBs from France, Germany, and Italy, we have 
analyzed their claims that they had no shipments during the POR. We 
have based our analysis 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, subject to the limitations discussed 
below, 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.
    Notwithstanding these respondents' letters reporting that they had 
made no shipments, in this case it is impossible to establish the 
accuracy of their statements with certainty from Customs Service data. 
The Customs information does not necessarily identify whether these 
resellers were involved in shipments of subject BBs during the POR. 
Therefore, we are not rescinding the reviews of these parties and 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, in fact, any of these ``no-shipment'' 
respondents 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 BBs from the applicable country of origin (France, 
Germany, or Italy). See Preliminary Results, 67 FR at 17362, for a 
description of our determination of these rates.

Assessment Rates

    The Department will determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. We will issue 
appropriate assessment instructions directly to the Customs Service 
within 15 days of publication of these final results of reviews. 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, we divided the total 
dumping margins (calculated as the difference between normal value (NV) 
and the EP) for each exporter's importer/customer by the total number 
of units the exporter 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.

[[Page 55782]]

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 EP sales we have included the 
applicable EP 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 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 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. 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 ball 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: (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 will 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 ``All Others'' 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 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 are sanctionable violations.
    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: August 23, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix

Comments and Responses

1. Facts Available
2. Margin Calculation (Zeroing of Positive Margins)
3. Export Price/Constructed Export Price
4. Price Adjustments
    A. Commissions
    B. Billing Adjustments
    C. Credit Expenses
    D. Direct and Indirect Selling Expenses
    E. Others
5. Arm's-Length Test and Sales to Affiliated Parties
6. Sample Sales, Prototype Sales, and Sales Outside the Ordinary 
Course of Trade
7. Cost of Production and Constructed Value
    A. Profit for CV
    B. Affiliated-Party Inputs
    C. Depreciation of Idle Assets
    D. Loss on Marketable Securities
    E. Others
8. Packing and Movement Expenses
9. Discounts and Rebates
10. Miscellaneous
    A. Improper Service
    B. Consignment Sales
    C. Model Matching
    D. Clerical Errors
    E. Others

[FR Doc. 02-22254 Filed 8-29-02; 8:45 am]
BILLING CODE 3510-DS-P