[Federal Register Volume 76, Number 164 (Wednesday, August 24, 2011)]
[Notices]
[Pages 52937-52940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21669]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-801, A-428-801, A-475-801]


Ball Bearings and Parts Thereof From France, Germany, and Italy: 
Final Results of Antidumping Administrative and Changed Circumstances 
Reviews

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

SUMMARY: On April 21, 2011, 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, and Italy. The period of review is May 1, 2009, through April 
30, 2010.
    Based on our analysis of the comments received, we have made 
changes, including corrections of certain programming and other errors 
in the margin calculations. Therefore, the final results are different 
from the preliminary results for certain respondents. The final 
weighted-average dumping margins for the reviewed respondents are 
listed below in the section entitled ``Final Results of the Reviews.'' 
We have also determined that Schaeffler Technologies GmbH & Co. KG 
(Schaeffler Technologies) is the successor-in-interest to Schaeffler KG 
with respect to the order on ball bearings and parts thereof from 
Germany.

DATES: Effective Date: August 24, 2011.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer, 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) 482-0410.

SUPPLEMENTARY INFORMATION:

Background

    On April 21, 2011, the Department published the preliminary results 
of the administrative reviews of the antidumping duty orders on ball 
bearings and parts thereof from France, Germany, and Italy. See Ball 
Bearings and Parts Thereof From France, Germany, Italy, Japan, and the 
United Kingdom: Preliminary Results of Antidumping Administrative and 
Changed-Circumstances Reviews, 76 FR 22372 (April 21, 2011) 
(Preliminary Results).\1\
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    \1\ The Department has revoked the antidumping duty orders on 
ball bearings and parts thereof from Japan and the United Kingdom 
and discontinued all administrative reviews of those orders. See 
Ball Bearings and Parts Thereof From Japan and the United Kingdom: 
Revocation of Antidumping Duty Orders, 76 FR 41761 (July 15, 2011).
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    We invited interested parties to comment on the Preliminary 
Results. We received case and rebuttal briefs from various parties to 
the proceedings. No hearing was requested for the administrative 
reviews.
    The Department has conducted these administrative reviews in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).

Scope of the Orders

    The products covered by the orders are ball 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 Schedule of the United States (HTSUS) subheadings: 
3926.90.45, 4016.93.10, 4016.93.50, 6909.19.50.10, 8414.90.41.75, 
8431.20.00, 8431.39.00.10, 8482.10.10, 8482.10.50, 8482.80.00, 
8482.91.00, 8482.99.05, 8482.99.35, 8482.99.25.80, 8482.99.65.95, 
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, 
8708.93.60.00, 8708.99.06, 8708.99.31.00, 8708.99.40.00, 8708.99.49.60, 
8708.99.58, 8708.99.80.15, 8708.99.80.80, 8803.10.00, 8803.20.00, 
8803.30.00, 8803.90.30, 8803.90.90, 8708.30.50.90, 8708.40.75.70, 
8708.40.75.80, 8708.50.79.00, 8708.50.89.00, 8708.50.91.50, 
8708.50.99.00, 8708.70.60.60, 8708.80.65.90, 8708.93.75.00, 8708.94.75, 
8708.95.20.00, 8708.99.55.00, 8708.99.68, and 8708.99.81.80.
    Although the HTSUS item numbers above are provided for convenience 
and customs purposes, the written descriptions of the scope of the 
orders remain dispositive.
    The size or precision grade of a bearing does not influence whether 
the bearing is covered by one of the orders. The 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 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 the 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 the orders.
    For a list of scope determinations which pertain to the orders, see 
the ``Memorandum to Laurie Parkhill'' regarding scope determinations 
for the 2009/2010 reviews, dated April 14, 2011, which is on file in 
the Central Records Unit (CRU) of the main Commerce building, Room 
7046, in the General Issues record (A-100-001).

Analysis of the Comments Received

    All issues raised in the case briefs by parties to these 
administrative reviews of the antidumping duty orders on ball bearings 
and parts thereof are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Gary Taverman, Acting Deputy 
Assistant Secretary for Antidumping and Countervailing Duty Operations, 
to Kim Glas, Deputy Assistant Secretary for Textiles and Apparel, dated 
concurrently with this notice, 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 Memorandum and attached to this notice as 
an Appendix. The Decision Memorandum, which is a public document, is on 
file in the CRU of the main Commerce building, room 7046, and is 
accessible on the Web at http://ia.ita.doc.gov/frn/index.html. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Final Results of Changed Circumstances Review

    In the Preliminary Results, we preliminarily determined that 
Schaeffler Technologies is the successor-in-interest to Schaeffler KG 
and invited interested parties to comment. We received no

[[Page 52938]]

comments from interested parties. For the reasons we stated in the 
Preliminary Results and because we received no comments to the contrary 
from interested parties, we continue to determine that Schaeffler 
Technologies is the successor-in-interest to Schaeffler KG. 
Consequently, we will instruct U.S. Customs and Border Protection (CBP) 
to apply the cash-deposit rate in effect for Schaeffler KG to all 
entries of the subject merchandise from Schaeffler Technologies that 
were entered, or withdrawn from warehouse, for consumption on or after 
the date of publication of these final results of the changed-
circumstances review.

Rates for Non-Selected Companies

    Based on our analysis of the responses and our available resources, 
we selected certain companies for individual examination of their sales 
of the subject merchandise to the United States during the period of 
review as permitted under section 777A(c)(2) of the Act. For a detailed 
discussion on the selection of the respondents for individual 
examination, see Preliminary Results, 76 FR at 22373. For the final 
results, we have not changed the basis of the rate we applied to 
respondents not selected for individual examination.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made revisions 
that have changed the results for certain companies. We have corrected 
programming and other errors in the margins we included in the 
Preliminary Results, where applicable. A detailed discussion of each 
correction we made is in the company-specific analysis memoranda dated 
concurrently with this notice, which are on file in the CRU of the main 
Commerce building.

Sales Below Cost in the Home Market

    Pursuant to section 773(b)(1) of the Act, the Department 
disregarded sales in the home market that failed the cost-of-production 
test for the following firms for these final results of reviews: 
France--SKF France S.A./SKF Aerospace France S.A.S. and SNR Roulements 
S.A./SNR Europe; Germany--Myonic GmbH and The Schaeffler Group/
Schaeffler KG/Schaeffler Technologies GmbH; Italy--Schaeffler Italia 
S.r.l./WPB Water Pump Bearing GmbH & Co. KG/The Schaeffler Group and 
SKF Industries S.p.A./Somecat S.p.A./SKF RIV-SKF Officine di Villar 
Perosa S.p.A.

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, 
2009, through April 30, 2010:

------------------------------------------------------------------------
                                                         Dumping margin
                Exporter/manufacturer                      (percent)
------------------------------------------------------------------------
France:
    Alcatel Vacuum Technology........................               5.47
    Audi AG..........................................               5.47
    AVIAC............................................              66.42
    Avio.............................................               5.47
    Bosch Rexroth SAS................................               5.47
    Caterpillar Group Services S.A...................               5.47
    Caterpillar Materials Routiers S.A.S.............               5.47
    Caterpillar S.A.R.L..............................               5.47
    Dassault Aviation................................               5.47
    Eurocopter SAS...................................              66.42
    Groupe Intertechnique............................               5.47
    Kongskilde Limited...............................               5.47
    Perkins Engines Company Limited..................               5.47
    SKF France S.A. and SKF Aerospace France S.A.S...               5.21
    SNECMA...........................................              66.42
    SNR Roulements S.A. and SNR Europe...............               7.67
    Technofan........................................              66.42
    Volkswagon AG....................................               5.47
    Volkswagen Zubehor GmbH..........................               5.47
Germany:
    Audi AG..........................................               6.25
    BAUER Maschinen GmbH.............................               6.25
    Bosch Rexroth AG.................................               6.25
    BSH Bosch and Siemens Hausgerate GmbH............               6.25
    Caterpillar S.A.R.L..............................               6.25
    Heidelberger Druckmaschinen AG...................               6.25
    Kongskilde Limited...............................               6.25
    Myonic GmbH......................................              11.42
    Robert Bosch GmbH................................               6.25
    Robert Bosch GmbH Power Tools and Hagglunds                     6.25
     Drives..........................................
    The Schaeffler Group, Schaeffler KG, and                        3.66
     Schaeffler Technologies GmbH....................
    SKF GmbH.........................................               6.25
    Volkswagon AG....................................               6.25
    Volkswagen Zubehor GmbH..........................               6.25
    W & H Dentalwerk Burmoos GmbH....................               6.25
Italy:
    Audi AG..........................................              10.27
    Bosch Rexroth S.p.A..............................              10.27
    Caterpillar Overseas S.A.R.L.....................              10.27
    Caterpillar of Australia Pty. Ltd................              10.27
    Caterpillar Group Services S.A...................              10.27
    Caterpillar Mexico, S.A. de C.V..................              10.27
    Caterpillar Americas C.V.........................              10.27
    Eurocopter.......................................              69.99

[[Page 52939]]

 
    Hagglunds Drives S.r.l...........................              10.27
    Kongskilde Limited...............................              10.27
    Perkin Engines Company Limited...................              10.27
    Schaeffler Italia S.r.l., WPB Water Pump Bearing                2.87
     GmbH & Co. KG, and The Schaeffler Group.........
    SKF Industries S.p.A., Somecat S.p.A., and SKF                 11.97
     RIV-SKF Officine di Villar Perosa S.p.A.........
    SNECMA...........................................              69.99
    Volkswagen AG....................................              10.27
    Volkswagen Zubehor GmbH..........................              10.27
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries. In accordance with 19 CFR 
351.212(b)(1), we have calculated, whenever possible, an exporter/
importer (or customer)-specific assessment rate or value for 
merchandise subject to these reviews as described below.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the period of review produced by companies selected 
for individual examination in the 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 country-specific 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 Antidumping and Countervailing 
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 
2003).
    For the companies which were not selected for individual 
examination and for the companies to which we are applying adverse 
facts available, we will instruct CBP to apply the rates listed above 
to all entries of subject merchandise produced and/or exported by such 
firms.
    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of these reviews.

Export Price Sales

    With respect to export price (EP) sales, for these final results, 
we divided the total dumping margins (calculated as the difference 
between normal value and 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 in each of that importer's/
customer's entries under the relevant order during the review period.

Constructed Export Price Sales

    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 assessment rate 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).

Cash-Deposit Requirements

    To calculate the cash-deposit rate for each company, 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 subject merchandise during the period of review 
subject to each order.
    To derive a single cash-deposit rate for each company, we weight-
averaged the EP and CEP deposit rates (using the total extended EP and 
CEP, respectively, as the weighting factors). To accomplish this when 
we sampled CEP sales (see Preliminary Results, 75 FR at 22375), we 
first calculated the total dumping margins for all CEP sales during the 
period of review by multiplying the sample CEP margins by the ratio of 
total days in the period of review to days in the sample weeks. We then 
calculated a total net value for all CEP sales during the period of 
review 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 of both EP and CEP sales to 
obtain the cash-deposit rate.
    We will direct CBP to collect the resulting cash-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 cash-deposit rate applicable to the order.
    Furthermore, the following cash-deposit requirements will be 
effective upon publication of this notice of final results of 
administrative reviews for all shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by 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 company covered in these reviews, a prior review, or the less-
than-fair-value investigations 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 
reviews published on July 26, 1993. See 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 and parts 
thereof 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 66472, 66521 (December 17, 1996). These 
cash-deposit rates are the all-others rates from the relevant less-
than-fair-value investigations. These cash-deposit requirements shall 
remain in effect until further notice.

Notifications

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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

[[Page 52940]]

Department's presumption that reimbursement of antidumping duties 
occurred and the subsequent assessment of doubled antidumping duties.
    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 
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.
    These final results of administrative reviews and final results of 
changed-circumstances review are issued and published in accordance 
with sections 751(a)(1), 751(b)(1), and 777(i)(1) of the Act.

     Dated: August 18, 2011.
Kim Glas,
Deputy Assistant Secretary for Textiles and Apparel.

Appendix

1. Zeroing of Negative Margins
2. 15-Day Issuance of Liquidation Instructions
3. Application of Adverse Facts Available
4. Selling, General, and Administrative Expenses
5. Treatment of Duty Drawback
6. Calculation of Financial Expenses
7. Capping Interest Revenue
8. Sample Sales
9. Exclusion of Certain Resales
10. Clerical Errors

[FR Doc. 2011-21669 Filed 8-23-11; 8:45 am]
BILLING CODE 3510-DS-P