[Federal Register Volume 74, Number 212 (Wednesday, November 4, 2009)]
[Notices]
[Pages 57147-57148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26600]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-412-801]
Ball Bearings and Parts Thereof From the United Kingdom: Final
Results of Changed-Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has determined,
pursuant to section 751(b) of the Tariff Act of 1930, as amended (the
Act), that SKF (UK) Ltd. is the successor-in-interest to SNFA Bearings
Ltd. and, as a result, should be accorded the same treatment as SKF
(UK) Ltd.
DATES: Effective Date: November 4, 2009.
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.
[[Page 57148]]
SUPPLEMENTARY INFORMATION:
Background
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 the
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 March
9, 2007, we 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\
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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).
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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 \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. On May 27, 2008, the Department preliminarily found
that SKF UK is the successor-in-interest to SNFA UK. See Ball Bearings
and Parts Thereof from the United Kingdom: Preliminary Results of
Changed-Circumstances Review, 73 FR 30378 (May 27, 2008). We invited
interested parties to comment on the preliminary results. We received
case and rebuttal briefs. We did not hold a hearing.
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\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 HTSUS, effective February 2,
2007, the subject merchandise is also classifiable under the following
additional HTSUS 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.
Analysis of Comments Received
The issues raised in the case briefs by parties in this review are
addressed in the Issues and Decision Memorandum from Laurie Parkhill,
Office Director, AD/CVD Enforcement, Office 5, to John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, dated concurrently with this notice (Decision Memo),
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 Central Records Unit,
main Department of Commerce building, Room 1117, 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.
Final Results of Changed-Circumstances Review
For the reasons stated in the preliminary results and the Decision
Memo, we continue to find that SKF (UK) Ltd. is the successor-in-
interest to SNFA UK and, as a result, should be accorded the same
treatment as SKF UK. Accordingly, the Department will instruct U.S.
Customs and Border Protection to suspend liquidation of all shipments
of the subject merchandise produced or exported by either SNFA UK or
SKF UK's SNFA operations and entered, or withdrawn from warehouse, for
consumption, on or after the publication date of this notice in the
Federal Register at 18.64 percent which is the current cash-deposit
rate for SKF UK. This deposit requirement shall remain in effect until
further notice.
Notification
This notice also serves as a reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. Timely written notification of
the destruction of APO materials or conversion to judicial protective
order is hereby requested. Failure to comply with the regulations and
terms of an APO is a sanctionable violation.
This notice is published in accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216 and 351.221.
Dated: October 28, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix
1. Successorship.
2. Effective Date of Determination.
[FR Doc. E9-26600 Filed 11-3-09; 8:45 am]
BILLING CODE 3510-DS-P