[Federal Register Volume 76, Number 179 (Thursday, September 15, 2011)]
[Notices]
[Pages 57019-57020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23688]
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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 Sunset Reviews and Revocation of Antidumping Duty
Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 1, 2011, the Department of Commerce (the Department)
initiated the sunset reviews of the antidumping duty orders on ball
bearings and parts thereof from France, Germany, and Italy. See
Initiation of Five-Year (``Sunset'') Review, 76 FR 45778 (August 1,
2011) (Initiation Notice). Because no domestic interested party filed a
notice of intent to participate in response to the notice of initiation
of the sunset reviews by the applicable deadline, the Department is
revoking the antidumping duty orders on ball bearings and parts thereof
from France, Germany, and Italy.
DATES: Effective Date: September 15, 2011.
FOR FURTHER INFORMATION CONTACT: Sandra Stewart at (202) 482-0768, AD/
CVD Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On May 15, 1989, the Department published in the Federal Register
the antidumping duty orders on ball bearings and parts thereof from
France, Germany, and Italy. See Antidumping Duty Orders: Ball Bearings,
Cylindrical Roller Bearings, Spherical Plain Bearings, and Parts
Thereof From France, 54 FR 20902 (May 15, 1989), Antidumping Duty
Orders: Ball Bearings, Cylindrical Roller Bearings, and Spherical Plain
Bearings and Parts Thereof From the Federal Republic of Germany, 54 FR
20900 (May 15, 1989), and Antidumping Duty Orders: Ball Bearings and
Cylindrical Roller Bearings, and Parts Thereof From Italy, 54 FR 20903
(May 15, 1989).
On August 1, 2011, the Department initiated the sunset reviews of
the antidumping duty orders on ball bearings and parts thereof from
France, Germany, and Italy pursuant to section 751(c) of the Tariff Act
of 1930, as amended (the Act). See Initiation Notice.\1\ We received no
notice of intent to participate in response to the notice of initiation
from domestic interested parties by the applicable deadline. See 19 CFR
351.218(d)(1)(i). As a result, the Department has concluded that no
domestic party intends to participate in the sunset reviews. See 19 CFR
351.218(d)(1)(iii)(A). On August 24, 2011, we notified the
International Trade Commission, in writing, that we intend to revoke
the antidumping duty orders on ball bearings and parts thereof from
France, Germany, and Italy. See 19 CFR 351.218(d)(1)(iii)(B)(2).
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\1\ The Department inadvertently included two revoked
antidumping duty orders in the Initiation Notice. See Initiation of
Five-Year (``Sunset'') Review: Correction, 76 FR 47149 (August 4,
2011).
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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 administrative 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).
[[Page 57020]]
Revocation
Pursuant to section 751(c)(3)(A) of the Act and 19 CFR
351.218(d)(1)(iii)(B)(3), if no domestic interested party files a
notice of intent to participate, the Department shall issue a final
determination revoking the order within 90 days of the initiation of
the review. Because no domestic interested party filed a timely notice
of intent to participate in the sunset reviews, the Department finds
that no domestic interested party is participating in the sunset
reviews. Therefore, we are revoking the antidumping duty orders on ball
bearings and parts thereof from France, Germany, and Italy. The
effective date of revocation is September 15, 2011, the fifth
anniversary of the continuation of the antidumping duty orders. See
Tapered Roller Bearings and Parts Thereof from the People's Republic of
China and Ball Bearings and Parts Thereof from France, Germany, Italy,
Japan, and the United Kingdom: Continuation of Antidumping Duty Orders,
71 FR 54469 (September 15, 2006).
Pursuant to section 751(c)(3)(A) of the Act and 19 CFR
351.222(i)(2)(i), the Department intends to issue instructions to U.S.
Customs and Border Protection to terminate the suspension of
liquidation of entries of the merchandise subject to the orders which
were entered, or withdrawn from warehouse, for consumption on or after
September 15, 2011. Entries of subject merchandise prior to September,
15, 2011, will continue to be subject to the suspension of liquidation
and requirements for deposits of estimated antidumping duties. The
Department will conduct administrative reviews of the orders with
respect to subject merchandise entered prior to the effective date of
revocation in response to appropriately filed requests for review.
These final results of the five-year (sunset) reviews and notice
are published in accordance with sections 751(c) and 777(i)(1) of the
Act.
Dated: September 9, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-23688 Filed 9-14-11; 8:45 am]
BILLING CODE 3510-DS-P