[Federal Register Volume 73, Number 102 (Tuesday, May 27, 2008)]
[Notices]
[Pages 30378-30380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11744]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-412-801)


Ball Bearings and Parts Thereof from the United Kingdom: 
Preliminary Results of Changed-Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce is conducting a changed-
circumstances review of the antidumping duty order on ball bearings and 
parts thereof from the United Kingdom pursuant to section 751(b) of the 
Tariff Act of 1930, as amended. We preliminarily determine that SKF 
(UK) Ltd. is the successor-in-interest to SNFA Bearings Ltd. Interested 
parties are invited to comment on these preliminary results.

EFFECTIVE DATE: May 27, 2008.

FOR FURTHER INFORMATION CONTACT: Kristin Case at (202) 482-3174 or 
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

    The Department of Commerce (the Department) published an 
antidumping duty order on ball bearings and parts thereof from the 
United Kingdom on May 15, 1989. See Antidumping Duty Orders and 
Amendments to the Final Determinations of Sales at Less Than Fair 
Value: Ball Bearings and Cylindrical Roller Bearings and Parts Thereof 
From the United Kingdom, 54 FR 20910 (May 15, 1989). On July 12, 2001, 
the Department revoked the antidumping duty order on ball bearings and 
parts thereof from the United Kingdom with respect to SNFA Bearings 
Ltd. (SNFA UK). See 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, 66 FR 36551 
(July 12, 2001).
    On January 26, 2007, SNFA UK, a subsidiary of SNFA S.A.S.U. (SNFA), 
and SKF UK Ltd. (SKF UK) notified the Department of a change in 
ownership of SNFA. Specifically, SNFA UK and SKF UK notified the 
Department that, on July 4, 2006, through its subsidiary SKF Holding 
France S.A., AB SKF purchased all outstanding shares of SNFA. On

[[Page 30379]]

March 9, 2007, we self-initiated a changed-circumstances review of the 
antidumping duty order on ball bearings and parts thereof from the 
United Kingdom. See Ball Bearings and Parts Thereof from Italy and the 
United Kingdom: Initiation of Antidumping Duty Changed-Circumstances 
Reviews, 72 FR 10643 (March 9, 2007).\1\ On January 30, 2008, SKF UK 
and SNFA UK notified the Department that the companies had moved SNFA 
UK's production facilities to the grounds of SKF UK's Stonehouse 
operations (Stonehouse) \2\ and that SNFA UK's assets had been legally 
transferred to SKF UK. SKF UK and SNFA UK also explained that, with the 
asset transfer, SNFA UK began operating as a part of SKF UK (referred 
hereinafter as SKF UK's SNFA operations). SKF UK and SNFA UK asserted 
that, unless the Department determines that an operational merger has 
occurred between SKF UK's Stonehouse and SNFA operations, the 
Department should determine that SKF UK and SKF UK's SNFA operations 
are entitled to separate treatment under the antidumping law.
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    \1\ On October 26, 2007, we rescinded the changed-circumstances 
review of the antidumping duty order on ball bearings and parts 
thereof from Italy. See Ball Bearings and Parts Thereof from France 
and Italy: Rescission of Antidumping Duty Changed-Circumstances 
Reviews, 72 FR 60798 (October 26, 2007).
    \2\ SKF UK produces ball bearings only at its Stonehouse 
operations.
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Scope of the Order

    The products covered by the 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 Harmonized Tariff Schedule, 
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.
    Although the HTSUS item numbers above are provided for convenience 
and customs purposes, the written description of the scope of the order 
remains dispositive.

Preliminary Results

    In conducting this changed-circumstances review pursuant to section 
751(b) of the Tariff Act of 1930, as amended (the Act), the Department 
has conducted a successor-in-interest analysis. In making a successor-
in-interest determination, the Department examines several factors 
including, but not limited to, changes in the following: (1) 
management; (2) production facilities; (3) supplier relationships; (4) 
customer base. See Brake Rotors From the People's Republic of China: 
Final Results of Changed Circumstances Antidumping Duty Administrative 
Review, 70 FR 69941 (November 18, 2005) and Notice of Final Results of 
Changed-Circumstances Antidumping Duty Administrative Review: 
Polychloroprene Rubber from Japan, 67 FR 58 (January 2, 2002). While no 
single factor or combination of factors will necessarily provide a 
dispositive indication of a successor-in-interest relationship, the 
Department will generally consider the new company to be the successor 
to the previous company if the new company's resulting operation is not 
materially dissimilar to that of its predecessor. See Fresh and Chilled 
Atlantic Salmon from Norway: Final Results of Changed Circumstances 
Antidumping Duty Administrative Review, 64 FR 9979 (March 1, 1999), and 
Industrial Phosphoric Acid from Israel: Final Results of Antidumping 
Duty Changed Circumstances Review, 59 FR 6944 (February 4, 1994). Thus, 
if the evidence demonstrates that, with respect to the production and 
sale of subject merchandise, the new company operates as the same 
business entity as the former company, the Department will accord the 
new company the same antidumping treatment as its predecessor.
    We preliminarily find that the asset transfer, relocation of SNFA 
UK's production facilities, and degree of management integration 
demonstrate that SKF UK is the successor-in-interest to pre-acquisition 
SNFA UK. Due to the business-proprietary nature of this decision, 
details are provided in Memorandum to Laurie Parkhill, entitled 
``Preliminary Results of Changed-Circumstances Review of the 
Antidumping Duty Order on Ball Bearings and Parts Thereof from the 
United Kingdom,'' dated May 19, 2008. As a result of our analysis, we 
also preliminarily determine that SKF UK and SNFA UK are no longer 
entitled to separate treatment under the antidumping law.

Public Comment

    Case briefs from interested parties may be submitted not later than 
30 days after the date of publication of this notice of preliminary 
results of changed-circumstances review. Rebuttal briefs from 
interested parties, limited to the issues raised in the case briefs, 
may be submitted not later than five days after the time limit for 
filing the case briefs or comments. Parties who submit case briefs or 
rebuttal briefs in this proceeding are requested to submit with each 
argument a statement of the issue, a summary of the arguments not 
exceeding five pages, and a table of statutes, regulations, and cases 
cited.
    Interested parties who wish to request a hearing or to participate 
in a hearing if a hearing is requested must submit a written request to 
the Assistant Secretary for Import Administration within 30 days of the 
date of publication of this notice. In accordance with 19 CFR 
351.310(c), requests should contain the following information: (1) the 
party's name, address, and telephone number; (2) the number of 
participants; (3) a list of issues to be discussed. Issues raised in 
the hearing will be limited to those raised in the case and rebuttal 
briefs. If requested, any hearing will be held two days after the 
scheduled date for submission of rebuttal briefs.
    The Department will publish in the Federal Register a notice of the 
final results of this changed-circumstances review, including the 
results of its analysis of issues raised in any written briefs or at 
the hearing.
    During the course of this changed-circumstances review, we will not 
change any cash-deposit instructions on the merchandise subject to this 
changed-circumstances review unless a change is determined to be 
warranted pursuant to the final results of this review.
    We are issuing and publishing these preliminary results and notice 
in accordance with sections 751(b) and 777(i)(1) of the Act and 19 CFR 
351.216.


[[Page 30380]]


    Dated: May 19, 2008.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-11744 Filed 5-23-08; 8:45 am]
BILLING CODE 3510-DR-S