[Federal Register Volume 79, Number 184 (Tuesday, September 23, 2014)]
[Notices]
[Pages 56771-56773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22628]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-412-801; A-588-804]


Ball Bearings and Parts Thereof From Japan and the United 
Kingdom: Preliminary Results of Antidumping Duty Administrative Review; 
2010-2011

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting 
administrative reviews of the antidumping duty orders on ball bearings 
and parts thereof (ball bearings) from Japan and the United Kingdom. 
The period of review (POR) is May 1, 2010, through April 30, 2011. We 
preliminarily find that ball bearings from Japan and the United Kingdom 
have been sold at less than normal value during the POR. We are also 
rescinding the review with respect to certain producers/exporters.

DATES: Effective: September 23, 2014.

FOR FURTHER INFORMATION CONTACT: Michael Romani or Thomas Schauer, AD/
CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0198 or (202) 482-0410, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 15, 1989, the Department published the antidumping duty 
orders on ball bearings and parts thereof from Japan and the United 
Kingdom in the Federal Register.\1\ On June 28, 2011, in accordance 
with 19 CFR 351.221(b), we published a notice of initiation of 
administrative reviews of 43 companies subject to these Orders.\2\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Orders: Ball Bearings, Cylindrical 
Roller Bearings, and Spherical Plain Bearings, and Parts Thereof 
From Japan, 54 FR 20904 (May 15, 1989) and 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) 
(collectively, Orders).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 76 FR 
37781 (June 28, 2011).
---------------------------------------------------------------------------

    On July 15, 2011, pursuant to a decision of the Court of 
International Trade (CIT) that affirmed the International Trade 
Commission's (ITC's) negative injury determinations on remand in the 
second sunset review of the antidumping duty orders on bearings from 
Japan and the United Kingdom, the Department revoked the Orders and 
discontinued these administrative reviews.\3\ On May 16, 2013, the 
United States Court of Appeals for the Federal Circuit (Federal 
Circuit) reversed the CIT's decision and ordered the CIT to reinstate 
the ITC's affirmative material injury determinations.\4\ Subsequently, 
on November 18, 2013, the CIT issued final judgment reinstating the 
ITC's affirmative injury determinations.\5\ As a result, the Department 
reinstated the Orders and resumed these administrative reviews.\6\
---------------------------------------------------------------------------

    \3\ See Ball Bearings and Parts Thereof From Japan and the 
United Kingdom: Revocation of Antidumping Duty Orders, 76 FR 41761 
(July 15, 2011) (Revocation Notice).
    \4\ NSK Corp v. United States International Trade Commission, 
716 F.3d 1352 (Fed. Cir. 2013) (NSK May 2013).
    \5\ NSK Corp. v. United States International Trade Commission, 
Court No. 06-334, Slip Op. 2013-143 (CIT November 18, 2013) (NSK 
November 2013).
    \6\ See Ball Bearings and Parts Thereof From Japan and the 
United Kingdom: Notice of Reinstatement of Antidumping Duty Orders, 
Resumption of Administrative Reviews, and Advance Notification of 
Sunset Reviews, 78 FR 76104 (December 16, 2013) (Reinstatement 
Notice).
---------------------------------------------------------------------------

    We rescinded the administrative review of ball bearings from Japan, 
in part,\7\ for all firms for which we initiated a review except for 
Bosch Packaging Technology K.K., Bosch Rexroth Corporation, and 
Hagglunds Ltd.\8\
---------------------------------------------------------------------------

    \7\ See Ball Bearings and Parts Thereof From Japan: Rescission 
of Antidumping Duty Administrative Review, in Part; 2010-2011, 79 FR 
26405 (May 8, 2014); see also Ball Bearings and Parts Thereof From 
Japan: Amended Rescission of Antidumping Duty Administrative Review, 
in Part; 2010-2011, 79 FR 32693 (June 6, 2014).
    \8\ Even though these three companies provided joint submissions 
as affiliates of Robert Bosch LLC, the Department has made no 
determination whether these three companies should be considered as 
a single entity.
---------------------------------------------------------------------------

Scope of the Orders

    The products covered by the Orders are ball bearings and parts 
thereof. The product is currently classified under the Harmonized 
Tariff Schedules of the United States (HTSUS) item numbers 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. The HTSUS 
subheading is provided for convenience and customs purposes. A full 
description of the scope of the orders is contained in the Preliminary

[[Page 56772]]

Decision Memorandum.\9\ The written description is dispositive.
---------------------------------------------------------------------------

    \9\ See memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for 
Enforcement and Compliance, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Ball Bearings and 
Parts Thereof from the United Kingdom and Japan'' dated concurrently 
with this notice (Preliminary Decision Memorandum), which is hereby 
adopted by this notice.
---------------------------------------------------------------------------

Rescission of Review in Part

    In accordance with 19 CFR 351.213(d), the Department will rescind 
an administrative review in part ``if a party that requested a review 
withdraws the request within 90 days of the date of the publication of 
notice of initiation of the requested review.'' Subsequent to the 
initiation of the review with respect to the United Kingdom, we 
received timely withdrawals of the requests we had received for the 
review of SKF (UK) Limited SNFA Operations and SKF UK Limited 
Stonehouse Operations. Because there are no other requests for review 
of these firms, we are rescinding the review with respect to these 
companies in accordance with 19 CFR 351.213(d)(1).

Methodology

    The Department conducted these administrative reviews in accordance 
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the 
Act). Constructed export price is calculated in accordance with section 
772 of the Act. Normal value is calculated in accordance with section 
773 of the Act. The Department has determined the weighted-average 
dumping margins for Bayerische Motoren Werke AG in the administrative 
review concerning ball bearings from the United Kingdom, and Bosch 
Packaging Technology K.K., Bosch Rexroth Corporation and Hagglunds Ltd. 
in the administrative review concerning ball bearings from Japan based 
on facts otherwise available with an adverse inference pursuant to 
section 776 of the Act. For the remaining respondents in the 
administrative review concerning ball bearings from the United Kingdom, 
the Department based the weighted-average dumping margins on the rate 
that it calculated for NSK Bearings Europe Ltd. and NSK Europe Ltd. 
(collectively, NSK). For a full description of the methodology 
underlying our conclusions, see Preliminary Decision Memorandum.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
Access to IA ACCESS is available to registered users at http://iaaccess.trade.gov and is available to all parties in the Central 
Records Unit, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of the Reviews

    As a result of these reviews, we preliminarily determine that the 
following weighted-average dumping margins on ball bearings from Japan 
and the United Kingdom exist for the period May 1, 2010, through April 
30, 2011:

------------------------------------------------------------------------
                                                              Weighted-
                                                               Average
                          Company                              Dumping
                                                                Margin
                                                              (percent)
------------------------------------------------------------------------
                                  Japan
------------------------------------------------------------------------
Bosch Packaging Technology K.K.............................       106.61
Bosch Rexroth Corporation..................................       106.61
Hagglunds Ltd..............................................       106.61
------------------------------------------------------------------------
                             United Kingdom
------------------------------------------------------------------------
Bayerische Motoren Werke AG................................       254.25
Bosch Rexroth Limited......................................         1.55
Caterpillar S.A.R.L........................................         1.55
Caterpillar Group Services S.A.............................         1.55
Caterpillar of Australia Pty Ltd...........................         1.55
Caterpillar Overseas S.A.R.L...............................         1.55
Caterpillar Marine Power UK................................         1.55
NSK........................................................         1.55
Perkins Engines Company Ltd................................         1.55
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties to 
these proceedings within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 
351.309(c), interested parties may submit cases briefs not later than 
30 days after the date of publication of this notice. Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the date for filing case briefs.\10\ Parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\11\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309(d).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via IA ACCESS. An electronically filed 
document must be received successfully in its entirety by the 
Department's electronic records system, IA ACCESS, by 5:00 p.m. Eastern 
Time within 30 days after the date of publication of this notice. 
Requests should contain: (1) The party's name, address and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs. The Department intends to issue the 
final results of these administrative reviews, including the results of 
its analysis of the issues raised in any written briefs, not later than 
120 days after the date of publication of this notice, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the administrative reviews, the Department will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b)(1), for NSK we calculated an importer-specific 
assessment rate by dividing the total amount of dumping 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 during the review period.\12\
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    For entries of subject merchandise during the POR produced by NSK 
for which it did not know its merchandise was destined for the United 
States, 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, 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

[[Page 56773]]

above to all entries of subject merchandise produced and/or exported by 
such firms.
    We intend to issue instructions to CBP 15 days after publication of 
the final results of these administrative reviews.

Cash Deposit Requirements

    Because the antidumping duty orders on ball bearings from Japan and 
the United Kingdom have been revoked,\13\ the Department will not issue 
cash deposit instructions at the conclusion of these administrative 
reviews.
---------------------------------------------------------------------------

    \13\ See Ball Bearings and Parts Thereof From Japan and the 
United Kingdom: Final Results of Sunset Reviews and Revocation of 
Antidumping Duty Orders, 79 FR 16771 (March 26, 2014).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a preliminary 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: September 17, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

Summary
Background
Scope of the Orders Rescission in Part
Continuation of Administrative Review of Bosch Packaging Technology 
K.K., Bosch Rexroth Corporation, and Hagglunds Ltd. (Japan)
Selection of Respondents
Non-Selected Respondents
Use of Facts Otherwise Available
    A. Use of Facts Available
    B. Application of Adverse Inferences for Facts Available
    C. Selection and Corroboration of Information Used as Facts 
Available
Comparisons to Normal Value
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
Product Comparisons
Date of Sale
Constructed Export Price
Normal Value
    A. Home Market Viability as Comparison Market
    B. Level of Trade
    C. Calculation of Normal Value Based on Comparison Market Prices
    D. Calculation of Normal Value Based on Constructed Value
    E. Cost of Production
    1. Calculation of Cost of Production
    2. Test of Comparison-Market Sales Prices
    3. Results of the COP Test
Currency Conversion
Recommendation

[FR Doc. 2014-22628 Filed 9-22-14; 8:45 am]
BILLING CODE 3510-DS-P