[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Notices]
[Pages 73415-73417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29770]
-----------------------------------------------------------------------
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 Duty Administrative Reviews; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 5, 2012, 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. On October 16, 2012, the Department released its
post-preliminary analysis in these reviews. For these final results, we
continue to find that sales of the subject merchandise have not been
made at prices below normal value.
DATES: Effective Date: December 10, 2012.
FOR FURTHER INFORMATION CONTACT: Dustin Ross, AD/CVD Operations, Office
1, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0747.
SUPPLEMENTARY INFORMATION:
Background
On June 5, 2012, 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.\1\ The
period of review is May 1, 2010, through April 30, 2011.
---------------------------------------------------------------------------
\1\ See Ball Bearings and Parts Thereof From France, Germany,
and Italy: Preliminary Results of Antidumping Duty Administrative
Reviews and Rescission of Antidumping Duty Administrative Reviews in
Part, 77 FR 33159 (June 5, 2012) (Preliminary Results).
---------------------------------------------------------------------------
We invited interested parties to comment on the Preliminary
Results. We received case and rebuttal briefs from various parties to
the proceedings.
On October 16, 2012, we issued a post-preliminary analysis in which
we addressed the targeted dumping allegations made by the petitioner
and invited comments from interested parties.\2\ We received additional
briefs from interested parties commenting on the Post-Preliminary
Analysis.
---------------------------------------------------------------------------
\2\ See Memorandum to Paul Piquado, ``2010/2011 Reviews of the
Antidumping Duty Orders on Ball Bearings and Parts Thereof from
France, Germany, and Italy: Post-Preliminary Analysis and
Calculation Memorandum'' (Post-Preliminary Analysis).
---------------------------------------------------------------------------
On July 5, 2012, the petitioner requested hearings with respect to
these reviews on ball bearings and parts thereof from France and
Germany. The petitioner and SKF Italy requested a hearing with respect
to the review on ball bearings from Italy. On November 14, 2012, the
petitioner withdrew its hearing request with respect to France and
Germany. On November 21, 2012, the Department conducted a hearing on
the review of ball bearings and parts thereof from to Italy.
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. 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,
[[Page 73416]]
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.
Analysis of the Comments Received
All issues raised in the case briefs by parties to these
administrative reviews are addressed in the ``Issues and Decision
Memorandum'' (Decision Memorandum) from Gary Taverman, Senior Advisor
for Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration, 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 is a public document and is on file electronically
via Import Administration's Antidumping and Countervailing Duty
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is
available to registered users at http://iaaccess.trade.gov and it is
available to all parties in the Central Records Unit (``CRU''), room
7046 of the main Department of Commerce building. In addition, a
complete version of the Decision Memorandum can be accessed directly on
the internet at http://www.trade.gov/ia/frn/index.html. The signed
Decision Memorandum and the electronic versions of the Decision
Memorandum are identical in content.
Rates for Non-Selected Companies
Based on 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, 77
FR at 33160 through 33161. For the final results, we have not changed
the rates we applied to respondents not selected for individual
examination.
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.'' On September 7, 2011,
Intertechnique SAS (``Intertechnique'') timely withdrew its request for
an administrative review. However, in the Preliminary Results we
inadvertently did not include Intertechnique in the list of companies
for which the review was rescinded. Instead, we preliminarily assigned
Intertechnique the rate for all non-selected respondents from France.
Because there are no other requests for review for Intertechnique, we
are rescinding the review with respect to Intertechnique, effective
June 5, 2012, the date of publication of the Preliminary Results, in
accordance with 19 CFR 351.213(d)(1).
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have corrected
programming and other errors in the weighted-average dumping margins
which we included in the Preliminary Results, where applicable. These
changes, however, did not affect the final weighted-average dumping
margins for the reviewed respondents. A detailed discussion of each
correction we made is in the company-specific analysis memoranda dated
concurrently with this notice, which are on file electronically via IA
ACCESS and 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--NTN-SNR; Germany--myonic GmbH; Italy--Schaeffler Italia S.r.l./
WPB Water Pump Bearing GmbH & Co. KG/Schaeffler Italia SpA/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 weighted-average dumping margins on
ball bearings and parts thereof exist for the period May 1, 2010,
through April 30, 2011:
------------------------------------------------------------------------
Margin
Company (percent)
------------------------------------------------------------------------
France:
Audi AG................................................. 0.00
Bosch Rexroth SAS....................................... 0.00
Caterpillar Group Services S.A.......................... 0.00
Caterpillar Materials Routiers S.A.S.................... 0.00
Caterpillar S.A.R.L..................................... 0.00
Perkins Engines Company Limited......................... 0.00
SNECMA.................................................. 0.00
NTN-SNR................................................. 0.00
Volkswagen AG........................................... 0.00
Volkswagen Zubehor GmbH................................. 0.00
Germany:
Bayerische Motoren Werke AG............................. 0.00
Bosch Rexroth AG........................................ 0.00
BSH Bosech und Siemens Hausgerate GmbH.................. 0.00
Caterpillar S.A.R.L..................................... 0.00
myonic GmbH............................................. 0.00
Robert Bosch GmbH....................................... 0.00
Robert Bosch GmbH Power Tools and Hagglunds Drives...... 0.00
Italy:
Audi AG................................................. 0.00
Bosch Rexroth S.p.A..................................... 0.00
Caterpillar Overseas S.A.R.L............................ 0.00
Caterpillar of Australia Pty. Ltd....................... 0.00
Caterpillar Group Services S.A.......................... 0.00
Caterpillar Mexico, S.A. de C.V......................... 0.00
Caterpillar Americas C.V................................ 0.00
Hagglunds Drives S.r.l.................................. 0.00
Perkins Engines Company Limited......................... 0.00
Schaeffler Italia S.r.l. and WPB Water Pump Bearing GmbH 0.00
& Co. KG, Schaeffler italia SpA and The Schaeffler
Group..................................................
SKF Industries S.p.A., Somcat S.p.A., and SKF Riv-SKF 0.00
Officine di Villar Perosa S.p.A........................
SNECMA.................................................. 0.00
Volkswagen AG........................................... 0.00
Volkswagen Zubehor GmbH................................. 0.00
------------------------------------------------------------------------
Assessment Rates
In accordance with the Final Modification, we will instruct U.S.
Customs and Border Protection (CBP) to liquidate the reviews' entries
without regard to antidumping duties.\3\
---------------------------------------------------------------------------
\3\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
---------------------------------------------------------------------------
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
[[Page 73417]]
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, 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.
Cash Deposit Requirements
Because we revoked the order effective September 15, 2011, no cash
deposit for estimated antidumping duties on future entries of subject
merchandise is required.\4\
---------------------------------------------------------------------------
\4\ See Ball Bearings and Parts Thereof from France, Germany and
Italy: Final Results of Sunset Reviews and Revocation of Antidumping
Duty Orders, 76 FR 57019 (September 15, 2011).
---------------------------------------------------------------------------
Notifications
This notice 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 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 are issued and
published in accordance with sections 751(a)(1), 751(b)(1), and
777(i)(1) of the Act.
Dated: December 4, 2012
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
1. Targeted Dumping Methodology
2. ISEs, Packing, and Inland Freight Costs
3. G&A Expenses
4. U.S. Warehousing Expenses
5. Home Market Interest Expense Calculation
6. Capping Interest Revenue at the Amount of Credit Expenses
7. Other Issues
[FR Doc. 2012-29770 Filed 12-7-12; 8:45 am]
BILLING CODE 3510-DS-P