[Federal Register Volume 73, Number 177 (Thursday, September 11, 2008)]
[Notices]
[Pages 52823-52826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21137]


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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 and Rescission of Reviews in Part

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

SUMMARY: On May 7, 2008, 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, and the United Kingdom. The reviews cover 27 
manufacturers/exporters. The period of review is May 1, 2006, through 
April 30, 2007.
    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.''

DATES: Effective Date: September 11, 2008.

FOR FURTHER INFORMATION: Catherine Cartsos 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-
1757 or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 7, 2008, 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. See Ball Bearings and Parts 
Thereof From France, Germany, Italy, Japan, and the United Kingdom: 
Preliminary Results of Antidumping Duty Administrative Reviews and 
Intent to Rescind Reviews in Part, 73 FR 25654 (May 7, 2008) 
(Preliminary Results). For these administrative reviews, the period of 
review covered is May 1, 2006, through April 30, 2007.
    We invited interested parties to comment on the preliminary 
results. At the request of certain parties, we held a hearing for 
Japan-specific issues on July 1, 2008, a hearing for Germany-specific 
issues on July 10, 2008, a hearing for France-specific issues on July 
11, 2008, and a hearing for general issues on July 15, 2008. The 
Department has conducted these administrative reviews in accordance 
with section 751 of the Tariff Act of 1930, as amended (the Act).

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, 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 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,

[[Page 52824]]

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 these orders. For unfinished parts, such parts are 
included if they have been heat-treated or if 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 list of scope determinations which pertain to the orders, see 
the ``Memorandum to Laurie Parkhill'' regarding scope determinations, 
dated April 30, 2008, which is on file in the Central Records Unit 
(CRU) of the main Department of Commerce building, room 1117, in the 
General Issues record (A-100-001) for the 2006-2007 reviews.

Rescission of Reviews in Part

    In the Preliminary Results, we preliminarily found that Essex 
Nexans Europe SAS, Essex Nexans SAS, Essex Nexans L&K GmbH, Essex 
International Ltd., IKN GmbH, and WWC Service-Center GmbH had no 
shipments of subject merchandise during the period of review and we 
stated our intent to rescind the administrative reviews with respect to 
these companies. We have received no comments concerning our intent to 
rescind these administrative reviews. We continue to find that Essex 
Nexans Europe SAS, Essex Nexans SAS, Essex Nexans L&K GmbH, Essex 
International Ltd., IKN GmbH, and WWC Service-Center GmbH had no 
shipments of ball bearings from France, Germany, Italy, or the United 
Kingdom for the final results of these reviews. In accordance with 19 
CFR 351.213(d)(3) we are rescinding our reviews for Essex Nexans Europe 
SAS, Essex Nexans SAS, Essex Nexans L&K GmbH, Essex International Ltd., 
IKN GmbH, and WWC Service-Center GmbH.

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 September 4, 2008, 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 1117, 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.

Selection of Respondents

    Due to the large number of companies in the reviews and the 
resulting administrative burden to review each company for which a 
request had been made and not withdrawn, the Department exercised its 
authority to limit the number of respondents selected for the reviews. 
Based on our analysis of the responses and our available resources, we 
chose to examine the sales of the following companies:

France:
    * SKF France S.A. and SFK Aerospace France S.A.S. (SKF France)
Germany:
    * Gebr[uuml]der Reinfurt GmbH & Co., KG (GRW)
    * SKF GmbH (SKF Germany)
Italy:
    * SKF RIV-SKF Officine di Villas Perosa S.p.A.; SKF Industrie 
S.p.A.; RFT S.p.A.; OMVP S.p.A. (collectively SKF Italy)
Japan:
    * JTEKT Corporation (formerly known as Koyo Seiko Co., Ltd.) 
(JTEKT)
    * NTN Corporation (NTN)
United Kingdom:
    * The Barden Corporation (UK) Limited; Schaeffler (UK) Ltd. 
(formerly known as the Barden Corporation (UK) Ltd. or FAG (UK) Ltd.) 
(collectively Barden/Schaeffler UK)

For a detailed discussion on the selection of respondents for 
individual examination, see Preliminary Results, 73 FR at 25655.
    For the responding companies which remain under review and which we 
did not select for individual examination, we have either calculated a 
simple average of the weighted-average margins of the two selected 
respondents in a review (Japan--10.00 percent) or assigned the 
weighted-average margin from the previous administrative review (United 
Kingdom--0.72 percent). For a discussion of the rate for the non-
selected respondent in the U.K. review, see Comment 16 of the Decision 
Memo.

Adverse Facts Available

    Christian Feddersen GmbH & Co. KG, Lentz & Schmahl GmbH, and 
Societe Nexans did not respond to our request concerning their sales or 
exports of ball bearings from France, Italy, Germany and the United 
Kingdom. These companies had the ability to provide data concerning the 
quantity and value of subject merchandise to the United States during 
the POR but did not do so, failing to cooperate by not acting to the 
best of their ability. We could neither consider them in our selection 
of respondents for individual examination nor complete any 
administrative reviews of the companies. See Preliminary Results, 73 FR 
at 25655. We received no comments on our preliminary determination to 
apply adverse facts available to these companies. For our final 
results, we have based their margins on facts available with an adverse 
inference in accordance with section 776 of the Act.
    As facts available with an adverse inference for these non-
responsive companies, we have selected the rates of 66.42 percent for 
France, 70.41 percent for Germany, 69.99 percent for Italy, and 60.15 
percent for the United Kingdom. We corroborated these rates in 
accordance with section 776(c) of the Act. See Preliminary Results, 73 
FR at 25657.
    In addition, in our preliminary results we used facts otherwise 
available with an adverse inference for certain U.S. sales made by SKF 
Germany for which SKF Germany was not the producer and for which the 
producer failed to provide cost-of-production information by the 
deadline for submission of the information. We continue to find that it 
is appropriate to use facts otherwise available with an adverse 
inference for certain U.S. sales made by SKF Germany. For a detailed 
discussion see Comment 15 in the Decision Memo.

Sales Below Cost in the Home Market

    The Department disregarded home-market sales that failed the cost-
of-

[[Page 52825]]

production test for the following firms for these final results of 
reviews:

------------------------------------------------------------------------
              Country                              Company
------------------------------------------------------------------------
France.............................  SKF France
Germany............................  GRW
                                     SKF Germany
Italy..............................  SKF Italy
Japan..............................  JTEKT
                                     NTN
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. A 
detailed discussion of each correction we made is in the analysis 
memoranda which are on file in the CRU, main Department of Commerce 
building, Room 1117.

Final Results of the Reviews

    We determine that the following percentage weighted-average dumping 
margins on ball bearings and parts thereof exist for the period May 1, 
2006, through April 30, 2007:

------------------------------------------------------------------------
                                                                Margin
                           Company                             (percent)
------------------------------------------------------------------------
                                 FRANCE
------------------------------------------------------------------------
Christian Feddersen GmbH & Co. KG...........................       66.42
Lentz & Schmahl GmbH........................................       66.42
SKF France..................................................       11.09
Societe Nexans..............................................       66.42
------------------------------------------------------------------------
                                 GERMANY
------------------------------------------------------------------------
Christian Feddersen GmbH & Co. KG...........................       70.41
GRW.........................................................        0.12
Lentz & Schmahl GmbH........................................       70.41
SKF Germany.................................................        4.15
Societe Nexans..............................................       70.41
------------------------------------------------------------------------
                                  ITALY
------------------------------------------------------------------------
Christian Feddersen GmbH & Co. KG...........................       69.99
Lentz & Schmahl GmbH........................................       69.99
SKF Italy (and Somecat).....................................        7.06
Societe Nexans..............................................       69.99
------------------------------------------------------------------------
                                  JAPAN
------------------------------------------------------------------------
Aisin Seiki Company, Ltd....................................       10.00
Canon, Inc..................................................       10.00
JTEKT.......................................................        8.03
Nachi-Fujikoshi Corp........................................       10.00
Nippon Pillow Block Company Ltd.............................       10.00
NTN.........................................................       11.96
Sapporo Precision, Inc......................................       10.00
Toyota Motor Corp./Toyota Industries Corp...................       10.00
Yamazaki Mazak Trading Company..............................       10.00
------------------------------------------------------------------------
                             UNITED KINGDOM
------------------------------------------------------------------------
Barden/Schaeffler UK........................................        0.28
Christian Feddersen GmbH & Co. KG...........................       58.20
Lentz & Schmahl GmbH........................................       58.20
Rolls Royce PLC.............................................        0.72
Societe Nexans..............................................       58.20
------------------------------------------------------------------------

Assessment Rates

    The Department will determine and U.S. Customs and Border 
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 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.
    For the responsive companies which were not selected for individual 
review, we will instruct CBP to apply the rates listed above to all 
entries of subject merchandise from such firms.
    For companies for which we are relying on total adverse facts 
available to establish a dumping margin, we will instruct CBP to apply 
the assigned dumping margins to all entries of subject merchandise 
during the POR that were produced and/or exported by the companies.

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 (see Preliminary Results, 73 FR at 25662), 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,

[[Page 52826]]

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 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; (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 this review period. 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: September 4, 2008.
David M. Spooner
Assistant Secretary for Import Administration.

Appendix

1. Zeroing of Negative Margins
2. Model-Matching Methodology
3. Collapsing and Successor in Interest
4. Inventory Carrying Costs
5. Calculation of Cost of Production/Constructed Value and Use of 
AFA
6. Rate for Respondent Not Selected
7. Miscellaneous Issues
    A. 15-Day Issuance of Liquidation Instructions
    B. CEP Profit
    C. Decision Not to Verify JTEKT's and NTN's Cost Data
    D. BPI Treatment for Dumping Duties and Net Value of Sales
8. Clerical Errors

[FR Doc. E8-21137 Filed 9-10-08; 8:45 am]
BILLING CODE 3510-DS-P