[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Notices]
[Pages 65522-65523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29470]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-801]
Ball Bearings and Parts Thereof From France: 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 Aeroengine France S.A.S.U. (SKF Aeroengine) is the
successor-in-interest to SNFA S.A.S.U. and, as a result, should be
accorded the same treatment as SNFA S.A.S.U.
DATES: Effective Date: December 10, 2009.
FOR FURTHER INFORMATION CONTACT: Kristin Case 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; (202) 482-3174 or (202)
482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department of Commerce (the Department) published an
antidumping duty order on ball bearings and parts thereof from France
on May 15, 1989. See Antidumping Duty Orders: Ball Bearings,
Cylindrical Roller Bearings, Spherical Plain Bearings, and Parts
Thereof From France, 54 FR 20902 (May 15, 1989). On August 11, 2000,
the Department revoked the order, effective May 1, 1999, with respect
to sales of ball bearings by SNFA S.A. (subsequently SNFA S.A.S.U.)
(SNFA France). See Antifriction Bearings (Other Than Tapered Roller
Bearings) and Parts Thereof From France, Germany, Italy, Japan,
Romania, Singapore, Sweden, and the United Kingdom; Final Results of
Antidumping Duty Administrative Reviews and Revocation of Orders in
Part, 65 FR 49219, 49221 (August 11, 2000).
On March 2, 2007, pursuant to a request from SNFA France, SKF
France S.A., and SKF Aerospace France S.A.S., we initiated a changed-
circumstances review in order to determine whether SNFA France was a
successor-in-interest to SKF France S.A. following SNFA France's
acquisition by that company or, alternatively, that post-acquisition
SNFA France was the successor-in-interest to the pre-acquisition SNFA
France. See Ball Bearings and Parts Thereof from France: Initiation of
an Antidumping Duty Changed-Circumstances Review, 72 FR 9513 (March 2,
2007). During the course of the changed-circumstances review, the
companies informed the Department that SNFA France would be changing
its name to SKF Aeroengine.
On June 29, 2007, we initiated an administrative review of the
antidumping duty order on ball bearings and parts thereof from France
for the period May 1, 2006, through April 30, 2007, with respect to SKF
France S.A. and SKF Aerospace France S.A.S. See Initiation of
Antidumping and Countervailing Duty Administrative Reviews, Request for
Revocation in Part and Deferral of Administrative Review, 72 FR 35690
(June 29, 2007). On October 26, 2007, we rescinded the changed-
circumstances review initiated on March 2, 2007, and explained that,
because we had initiated an administrative review with respect to SKF
France S.A. and SKF Aerospace France S.A.S., we would address any
issues that had arisen during the course of the changed-circumstances
review in the context of the administrative review. See Ball Bearings
and Parts Thereof from France and Italy: Rescission of Antidumping Duty
Changed-Circumstances Reviews, 72 FR 60798, 60799 (October 26, 2007).
In the final results of the 2006/07 administrative review, we
determined that post-acquisition SNFA France was the successor-in-
interest to pre-acquisition SNFA France and that SNFA France had not
changed its name to SKF Aeroengine until after the period of review.
See 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, 73 FR 52823
(September 11, 2008), and accompanying Issues and Decision Memorandum
at Comment 12 (AFBs Final Results).
On February 6, 2009, SKF Aeroengine requested that, because the
Department appeared to have left open the effect of the name change
from SNFA France to SKF Aeroengine on its determination in AFBs Final
Results, the Department either confirm that its determination
encompassed the name change or, in the alternative, the Department
initiate a changed-circumstances review to determine whether SKF
Aeroengine is the successor-in-interest to SNFA France. On March 30,
2009, we initiated a changed-circumstances review. See Ball Bearings
and Parts Thereof from France: Initiation of Antidumping Duty
[[Page 65523]]
Changed-Circumstances Review, 74 FR 14107 (March 30, 2009). On June 9,
2009, we preliminarily found that SKF Aeroengine is the successor in
interest to SNFA France. See Ball Bearings and Parts Thereof from
France: Preliminary Results of Changed-Circumstances Review, 74 FR
27280 (June 9, 2009). We received a case brief from The Timken Company
and a rebuttal brief from SKF Aeroengine, SKF France S.A., and SKF
Aerospace France S.A.S. We did not hold a hearing as none was
requested.
Scope of the Order
The products covered by the order are ball bearings (other than
tapered roller 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 Schedule 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
is dispositive.
Analysis of Comment Received
The issues raised in the case briefs by parties in this review are
addressed in the Issues and Decision Memorandum from John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration, 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, we continue to
find that SKF Aeroengine is the successor-in-interest to SNFA France
and, as a result, should be accorded the same treatment as SNFA France.
We will instruct U.S. Customs and Border Protection to liquidate,
without regard to antidumping duties, all unliquidated entries produced
and exported by SKF Aeroengine which were entered, or withdrawn from
warehouse, for consumption on or after September 3, 2007, the date of
SNFA France's name change to SKF Aeroengine. See Stainless Steel Wire
Rod from Italy: Notice of Final Results of Changed Circumstances
Antidumping Duty Review, 71 FR 24643, 24644 (April 26, 2006); see also
Certain Hot-Rolled Lead and Bismuth Carbon Steel Products From the
United Kingdom: Final Results of Changed-Circumstances Antidumping and
Countervailing Duty Administrative Reviews, 64 FR 66880, 66881
(November 30, 1999).
Notification
This notice serves as a reminder to parties subject to
administrative protective orders (APOs) 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: December 4, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix
1. Successorship
2. Applicable Cash-Deposit Rate
[FR Doc. E9-29470 Filed 12-9-09; 8:45 am]
BILLING CODE 3510-DS-P