[Federal Register Volume 73, Number 89 (Wednesday, May 7, 2008)]
[Notices]
[Pages 25663-25664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10161]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-428-801


Ball Bearings and Parts Thereof from Germany: Preliminary Results 
of Antidumping Duty Changed-Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY:  On March 11, 2008, pursuant to section 751(b) of the Tariff 
Act of 1930, as amended (the Act), and 19 CFR 351.216 and 
351.221(c)(3), the Department of Commerce initiated a changed-
circumstances review of the antidumping duty order on ball bearings and 
parts thereof from Germany with respect to myonic GmbH. See Initiation 
of Antidumping Duty Changed-Circumstances Review: Ball Bearings and 
Parts Thereof from Germany, 73 FR 12953 (March 11, 2008) (myonic 
Initiation). After reviewing information on the record, we have 
preliminarily concluded that myonic GmbH is the successor-in-interest 
to Miniaturkugellager Gesellschaft mit beschr[auml]nkter Haftung and, 
as a result, should be accorded the same treatment previously accorded 
Miniaturkugellager Gesellschaft mit beschr[auml]nkter Haftung with 
regard to the antidumping duty order on ball bearings and parts thereof 
from Germany. Interested parties are invited to comment on these 
preliminary results.

EFFECTIVE DATE: May 7, 2008.

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

SUPPLEMENTARY INFORMATION:

Background

    On January 31, 2008, myonic GmbH (myonic) asked the Department to 
initiate and conduct a changed-circumstances review to confirm that 
myonic is the successor-in-interest to Miniaturkugellager Gesellschaft 
mit beschr[auml]nkter Haftung (MKL) for purposes of determining 
antidumping-duty liabilities subject to this order. On March 11, 2008, 
we initiated a changed-circumstances review of the antidumping duty 
order on ball bearings and parts thereof from Germany with respect to 
myonic. See myonic Initiation. On March 13, 2008, we sent myonic a 
supplemental questionnaire requesting further information. On March 24, 
2008, we received a timely response to our supplemental questionnaire. 
On March 27, 2008, we sent myonic a second supplemental questionnaire. 
On April 8, 2008, we received a timely response to our second 
supplemental questionnaire. We have not received comments from any 
other interested parties.

Scope of the Order

    The products covered by this order are ball bearings and parts 
thereof. These products include all 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 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.
    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: 8708.30.5090, 8708.40.7500, 8708.50.7900, 
8708.50.8900, 8708.50.9150, 8708.50.9900, 8708.80.6590, 8708.94.75, 
8708.95.2000, 8708.99.5500, 8708.99.68, and 8708.99.8180.

Successor-in-Interest Determination

    In a changed-circumstances review involving a successor-in-interest 
determination, the Department typically examines several factors 
including, but not limited to, changes in the following: (1) 
management; (2) production facilities; (3) supplier relationships; (4) 
customer base. See Certain Cut-to-Length Carbon Steel Plate from 
Romania: Initiation and Preliminary Results of Changed Circumstances 
Antidumping Duty Administrative Review, 70 FR 22847 (May 3, 2005). 
While no single factor or combination of factors will necessarily be 
dispositive, generally the Department will consider the new company to 
be the successor to the predecessor if the resulting operations are 
essentially the same as those of the predecessor company. See, e.g., 
Notice of Initiation of Antidumping Duty Changed Circumstances Review: 
Certain Forged Stainless Steel Flanges from India, 71 FR 327 (January 
4, 2006). Thus, if the record demonstrates that, with respect to the 
production and sale of the subject merchandise, the new company 
operates as the same business entity as the predecessor company, the 
Department may assign the new company the cash-deposit rate of its 
predecessor. See, e.g., Fresh and Chilled Atlantic Salmon from Norway: 
Final Results of Changed Circumstances

[[Page 25664]]

Antidumping Duty Administrative Review, 64 FR 9979, 9980 (March 1, 
1999).
    In its January 31, 2008, submission, myonic provided information to 
demonstrate that myonic is the successor-in-interest to MKL. Myonic 
submitted a notarized copy of the minutes from the December 11, 2001, 
meeting of myonic's shareholders memorializing the name change from MKL 
to myonic. See exhibit D of myonic's January 31, 2008, submission. 
Myonic also submitted its Articles of Association demonstrating that 
myonic continued to produce and market subject merchandise after the 
name change. See exhibit E of myonic's January 31, 2008, submission. 
Further, myonic provided a letter it sent to its customers informing 
them of the name change and that the company's production of subject 
merchandise would continue. See exhibit F of myonic's January 31, 2008, 
submission. Myonic also submitted its June 19, 2006, Articles of 
Association demonstrating that on June 1, 2006, all stock of myonic was 
purchased by myonic Holding GmbH. See exhibit G of myonic's January 31, 
2008, submission.
    Additional information in myonic's March 24, 2008, and April 8, 
2008, submissions shows that myonic's management, production 
facilities, suppliers, and customer base are consistent with those of 
MKL. As such, we conclude that myonic's request for a changed-
circumstances review demonstrates that no major changes have occurred 
with respect to MKL's management, production facilities, suppliers, or 
customer base as a result of MKL's name change to myonic or the 
purchase of all of myonic's stock by myonic Holding GmbH. Therefore, we 
preliminarily find that myonic is the successor-in-interest to MKL and, 
as such, is entitled to MKL's cash-deposit rate with respect to entries 
of subject merchandise.

Public Comment

    Any interested party may request a hearing within 14 days of 
publication of this notice. See 19 CFR 351.310(c). Any hearing, if 
requested, will be held 28 days after the date of publication of this 
notice or the first working day thereafter. Interested parties may 
submit case briefs and/or written comments not later than 14 days after 
the date of publication of this notice. See 19 CFR 351.309(c)(1)(ii). 
Rebuttal briefs and rebuttals to written comments, which must be 
limited to issues raised in such briefs or comments, may be filed not 
later than 5 days after the deadline for submitting the case briefs. 
See 19 CFR 351.309(d). Parties who submit case briefs or rebuttal 
briefs in this changed-circumstances review are requested to submit 
with each argument (1) a statement of the issue and (2) a brief summary 
of the argument. Parties should also submit an electronic version of 
their case and rebuttal briefs. Consistent with 19 CFR 351.216(e), we 
will issue the final results of this changed-circumstances review no 
later than 270 days after the date on which this review was initiated 
or within 45 days of publication of these preliminary results if all 
parties to the proceeding agree to our preliminary finding.
    We are issuing and publishing these preliminary results notice in 
accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 
351.216 and 351.221(c)(3).

    Dated: May 1, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-10161 Filed 5-6-08; 8:45 am]
BILLING CODE: 3510-DS-S