[Federal Register Volume 72, Number 197 (Friday, October 12, 2007)]
[Notices]
[Pages 58053-58055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20151]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


Ball Bearings and Parts Thereof from France, Germany, Italy, 
Japan, Singapore, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews and Rescission of Review in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 6, 2007, 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, Singapore, and the United Kingdom. The reviews cover 21 
manufacturers/exporters. The period of review is May 1, 2005, through 
April 30, 2006.
    Based on our analysis of the comments received, we have made 
changes, including corrections of certain programming and other 
ministerial 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: October 12, 2007.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Richard Rimlinger, 
AD/CVD Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
5760 or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 6, 2007, the Department of Commerce (the Department) 
published the preliminary results of the administrative reviews of the 
antidumping duty orders on ball bearings and parts thereof from France, 
Germany, Italy, Japan, Singapore, and the United Kingdom. See Ball 
Bearings and Parts Thereof from France, Germany, Italy, Japan, 
Singapore, and the United Kingdom: Preliminary Results of Antidumping 
Duty Administrative Reviews and Intent to Rescind Review in Part, 72 FR 
31217 (June 6, 2007). The period of review is May 1, 2005, through July 
10, 2005, for the order on ball bearings from Singapore; for all other 
orders on ball bearings, the period of review is May 1, 2005, through 
April 30, 2006. The companies for which we are conducting 
administrative reviews are as follows:
France:
    * SKF France S.A. and SFK Aerospace France S.A. (SKF France)
    * SNR Roulements and SNR Europe (SNR)
Germany:
    * Gebr[uuml]der Reinfurt GmbH & Co., KG (GRW)
    * Schaeffler KG (formerly known as INA-Schaeffler KG; INA
     Vermogensverwaltungsgesellschaft GmbH; INA Holding Schaeffler KG; 
FAG Kugelfischer Georg-Schaefer AG; FAG Automobiltechnik AG; FAG OEM 
und Handel AG; FAG Komponenten AG; FAG Aircraft/Super Precision 
Bearings GmbH; FAG Industrial Bearings AG; FAG Sales Europe GmbH; FAG 
International Sales and Service GmbH (collectively INA/FAG)) 
(Schaeffler Germany)
    * SKF GmbH (SKF Germany)
Italy:
    * Schaeffler Italia S.r.l. (formerly known as FAG Italia S.p.A.; 
FAG Automobiltechnik AG; FAG OEM und Handel AG (collectively FAG 
Italy)) (Schaeffler Italy)
    * SKF Industrie S.p.A.; SKF RIV-SKF Officine di Villas Perosa 
S.p.A.; RFT S.p.A.; OMVP S.p.A. (collectively SKF Italy)
Japan:
    * Aisin Seiki Co., Ltd. (Aisin Seiki)
    * Asahi Seiko Co., Ltd. (Asahi Seiko)
    * Canon Inc. (Canon)
    * JTEKT Corporation (formerly known as Koyo Seiko Co., Ltd.) 
(JTEKT)
    * Mori Seiki Co., Ltd. (Mori Seiki)
    * Nachi-Fujikoshi Corporation (Nachi)
    * Nankai Seiko Co., Ltd. (Nankai Seiko)
    * Nippon Pillow Block Co., Ltd. (NPB)
    * NSK Ltd. (NSK)
    * NTN Corporation (NTN)
    * Osaka Pump Co., Ltd. (Osaka Pump)
    * Sapporo Precision Inc. (Sapporo)
Singapore:
    * NMB Singapore Ltd. and Pelmec Industries (Pte.) Ltd. (NMB/Pelmec)
United Kingdom:
    * The Barden Corporation (UK) Limited; Schaeffler (UK) Ltd. 
(formerly known as the Barden Corporation (UK) Ltd.; FAG (UK) Ltd. 
(collectively Barden/FAG)) (collectively Barden/Schaeffler UK)
    We invited interested parties to comment on the preliminary 
results. At the request of certain parties, we held a hearing for 
general issues on July 17, 2007, and a hearing for Japan-specific 
issues on July 18, 2007. The Department has conducted these 
administrative reviews in accordance with section 751 of the Tariff Act 
of 1930, as amended (the Act).

Rescission of Review in Part

    In the Preliminary Results, we preliminarily found that KYK 
Corporation Ltd. (formerly known as Tottori Yamakai Bearing Seisakusho, 
Ltd.) (KYK) had no shipments of subject merchandise during the period 
of review and we stated our intent to rescind the administrative review 
with respect to this company. We have received no comment concerning 
our intent to rescind. We continue to find that KYK had no shipments of 
Japanese-made ball bearings for the final results of this review. We 
are rescinding our review for KYK.

Scope of Orders

    The products covered by the orders are ball bearings (other than 
tapered roller 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 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, 4016.93.10, 
4016.93.50, 6909.19.5010, 8431.20.00, 8431.39.0010, 8482.10.10, 
8482.10.50,

[[Page 58054]]

8482.80.00, 8482.91.00, 8482.99.05, 8482.99.35, 8482.99.2580, 
8482.99.6595, 8483.20.40, 8483.20.80, 8483.30.40, 8483.30.80, 
8483.50.90, 8483.90.20, 8483.90.30, 8483.90.70, 8708.50.50, 8708.60.50, 
8708.60.80, 8708.93.30, 8708.93.6000, 8708.99.06, 8708.99.3100, 
8708.99.4000, 8708.99.4960, 8708.99.58, 8708.99.8015, 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 HTS, effective February 2, 
2007, the subject merchandise is also classifiable under the following 
additional HTS item numbers: 8708.30.50.90, 8708.40.75.00, 
8708.50.79.00, 8708.50.8900, 8708.50.91.50, 8708.50.99.00, 
8708.70.6060, 8708.80.65.90, 8708.93.75.00, 8708.94.75, 8708.95.20.00, 
8708.99.55.00, 8708.99.68, 8708.99.81.80.
    Although the HTS item numbers above are provided for convenience 
and customs purposes, the written descriptions of the scope of these 
orders remain dispositive.
    The 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 the these orders. For unfinished parts, such parts are 
included if they have been heat-treated or 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 scope of these orders.
    For a listing of scope determinations which pertain to the orders, 
see the Scope Determination Memorandum from the Antifriction Bearings 
Team to Laurie Parkhill, dated May 29, 2007, which is on file in the 
Central Records Unit (CRU) of the main Department of Commerce building, 
room B-099, in the General Issues record (A-100-001) for the 2005-2006 
reviews.

Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs by parties to the 
concurrent administrative reviews of the orders on ball bearings and 
parts thereof are addressed in the ``Issues and Decision Memorandum'' 
(Decision Memo) from Stephen J. Claeys, Deputy Assistant Secretary, to 
David M. Spooner, Assistant Secretary, dated October 4, 2007, which is 
hereby adopted by this notice. A list of the issues which parties have 
raised and to which we have responded is in the Decision Memo and 
attached to this notice as an Appendix. The Decision Memo, which is a 
public document, is on file in the CRU, main Department of Commerce 
building, Room B-099, and is accessible on the Web at http://ia.ita.doc.gov/frn/index.html. 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 France, SNR
Germany.............................................     GRW, Schaeffler
                                                            Germany, SKF
                                                                 Germany
Italy...............................................   Schaeffler Italy,
                                                               SKF Italy
Japan...............................................        Asahi Seiko,
                                                           JTEKT, Nachi,
                                                      Nankai Seiko, NPB,
                                                         NSK, NTN, Osaka
                                                                    Pump
Singapore...........................................          NMB/Pelmec
United Kingdom......................................   Barden/Schaeffler
                                                                      UK
------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on our analysis of comments received and based on our own 
analysis of the preliminary results, we have made revisions that have 
changed the results for certain firms. We have corrected programming 
and ministerial errors in the preliminary results, where applicable.

Final Results of the Reviews

    We determine that the following percentage weighted-average margins 
on ball bearings and parts thereof exist for the period May 1, 2005, 
through April 30, 2006:

                                 FRANCE
------------------------------------------------------------------------
                       Company                         Margin (percent)
------------------------------------------------------------------------
SKF France..........................................                8.99
SNR.................................................               13.32
------------------------------------------------------------------------


                                 GERMANY
------------------------------------------------------------------------
                       Company                              Margin
------------------------------------------------------------------------
GRW.................................................                0.35
Schaeffler Germany..................................                3.03
SKF Germany.........................................                3.06
------------------------------------------------------------------------


                                  ITALY
------------------------------------------------------------------------
                       Company                              Margin
------------------------------------------------------------------------
Schaeffler Italy....................................                1.57
SKF Italy...........................................                8.83
------------------------------------------------------------------------


                                  JAPAN
------------------------------------------------------------------------
                       Company                              Margin
------------------------------------------------------------------------
Aisin Seiki.........................................                6.15
Asahi Seiko.........................................                1.28
Canon...............................................               10.17
JTEKT...............................................               15.01
Mori Seiki..........................................                2.12
Nachi...............................................               11.46
Nankai Seiko........................................                3.01
NPB.................................................               26.89
NSK.................................................                3.66
NTN.................................................                7.76
Osaka Pump..........................................                4.76
Sapporo.............................................                7.63
------------------------------------------------------------------------


                                SINGAPORE
                       (May 1, 2005 July 10, 2005)
------------------------------------------------------------------------
                       Company                              Margin
------------------------------------------------------------------------
NMB/Pelmec..........................................               12.61
------------------------------------------------------------------------


                             UNITED KINGDOM
------------------------------------------------------------------------
                       Company                              Margin
------------------------------------------------------------------------
Barden/Schaeffler UK................................                0.68
------------------------------------------------------------------------

Assessment Rates

    The Department will determine and U.S. Customs and Boarder 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries. We intend to issue appropriate assessment instructions 
directly to CBP 15 days after publication of these final results of 
reviews. In accordance with 19 CFR 351.212(b)(1), we have calculated, 
whenever possible, an importer/customer-specific assessment rate or 
value for subject merchandise.The Department clarified its ``automatic 
assessment'' regulation on May 6, 2003. See Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 
FR 23954 (May 6, 2003) (Assessment of Antidumping Duties). This 
clarification will apply to entries of subject merchandise during the 
period of review produced by companies included in these final results 
of reviews for which the

[[Page 58055]]

reviewed companies did not know their merchandise was destined for the 
United States. In such instances, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction. For a full 
discussion of this clarification, see Assessment of Antidumping Duties.

Export Price

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

Constructed Export Price

    For constructed export-price (CEP) sales, we divided the total 
dumping margins for the reviewed sales by the total entered value of 
those reviewed sales for each importer. We will direct CBP 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(b)(1).

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 CBP 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 the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, consistent with section 751(a)(1) of the Act: (1) the 
cash-deposit rates for the reviewed companies will be the rates shown 
above; (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; (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). For ball bearings from Italy, see Antifriction Bearings (Other 
Than Tapered Roller Bearings) and Parts Thereof from France, et al; 
Final Results of Antidumping Duty Administrative Reviews and Partial 
Termination of Administrative Reviews, 61 FR 66471, 66521 (December 17, 
1996). These rates are the ``All Others'' rates from the relevant LTFV 
investigation.
    These deposit requirements shall remain in effect until further 
notice.

Notification to Importers

    This notice serves as a final 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.

Notification Regarding APOs

    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(a)(3). 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 is a sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: Ocotober 4, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

1. Zeroing of Negative Margins
2. Model-Matching Methodology
3. Constructed Export-Price Offset
4. Inventory Carrying Costs
5. Calculation of Cost of Production and Constructed Value
6. Use of Acquisition Costs
7. Miscellaneous Issues
A. Deduction of Japanese-Worker Expenses
B. U.S. Duty
C. Exclusion of High-Profit Sales
D. NTN Bearing Design
E. Further-Processing Methodology
F. Completeness of Reported U.S. Sales
G. 15-day Issuance of Liquidation Instructions
[FR Doc. E7-20151 Filed 10-11-07; 8:45 am]
BILLING CODE 3510-DS-S