[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Notices]
[Pages 4248-4250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01481]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-804, A-412-801]
Ball Bearings and Parts Thereof From Japan and the United
Kingdom: Final Results of Antidumping Duty Administrative Reviews;
2010-2011
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 23, 2014, 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 Japan and the United Kingdom.\1 2\ The period of review
(POR) is May 1, 2010, through April 30, 2011. For these final results,
we continue to find that sales of the subject merchandise have been
made at prices below normal value.
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\1\ See Ball Bearings and Parts Thereof From Japan and the
United Kingdom: Preliminary Results of Antidumping Duty
Administrative Review; 2010-2011, 79 FR 56771 (September 23, 2014)
(Preliminary Results).
\2\ 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).
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DATES: Effective Date: January 27, 2015.
FOR FURTHER INFORMATION CONTACT: 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-
0410.
SUPPLEMENTARY INFORMATION:
Background
On September 23, 2014, the Department published, and invited
interested parties to comment on, the Preliminary Results.\3\ We
received case and rebuttal briefs from various parties to the United
Kingdom review and held a hearing on December 4, 2014, for the United
Kingdom review. We received no case and rebuttal briefs from interested
parties for the Japan review. The Department conducted these
administrative reviews in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
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\3\ Id.
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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 description of the scope of the
orders remains 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.
[[Page 4249]]
Analysis of the Comments Received
All issues raised in the case briefs by parties to the United
Kingdom administrative review are addressed in the Issues and Decision
Memorandum.\4\ A list of the issues which parties raised and to which
we responded is in the Issues and Decision Memorandum and attached to
this notice as an Appendix. The Issues and Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS).\5\ ACCESS is available to registered users at
https://access.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 Issues and
Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html.
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\4\ See the memorandum from Deputy Assistant Secretary Christian
Marsh to Assistant Secretary Paul Piquado entitled, ``Issues and
Decision Memorandum for the Antidumping Duty Administrative Review
of Ball Bearings and Parts Thereof from the United Kingdom; 2010-
2011,'' dated concurrently with and hereby adopted by this notice
(Issues and Decision Memorandum).
\5\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from http://iaaccess.trade.gov to http://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
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Changes Since the Preliminary Results
We made no changes since the Preliminary Results.
Final Results of the Reviews
We determine that weighted-average dumping margins on ball bearings
and parts thereof exist for the period May 1, 2010, through April 30,
2011, at the following rates:
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Weighted-average
Company dumping margin
(percent)
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JAPAN
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Bosch Packaging Technology K.K................. 106.61
Bosch Rexroth Corporation...................... 106.61
Hagglunds Ltd.................................. 106.61
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UNITED KINGDOM
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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
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Assessment Rates
The Department shall 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 vale of those
reviewed sales for each importer.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to 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 country-specific all-others
rate if there is no rate for the intermediate company(ies) involved in
the transaction.\6\
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\6\ For a full discussion of this clarification, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
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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 assess antidumping duties at a
rate equal to the weighted-average dumping margin 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 administrative reviews.
Cash Deposit Requirements
Because we revoked the antidumping duty orders on ball bearings and
parts thereof from Japan and the United Kingdom effective September 15,
2011, no cash deposits for estimated antidumping duties on future
entries of subject merchandise will be required.\7\
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\7\ 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).
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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 written
notification of the return or the destruction of APO materials or
conversion to judicial protective order is
[[Page 4250]]
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) and 777(i)(1) of the
Act.
Dated: January 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
I. Summary
II. Background
III. Company Abbreviations
IV. Sales Below Cost in the Home Market
V. Discussion of the Issues
1. Application of an Alternative Comparison Methodology
2. Resumption of the Review
3. Adverse Facts Available
4. Adverse-Facts-Available Rate
VI. Recommendation
[FR Doc. 2015-01481 Filed 1-26-15; 8:45 am]
BILLING CODE 3510-DS-P