This PDF is the current document as it appeared on Public Inspection on 01/26/2015 at 08:45 am.
Enforcement and Compliance, International Trade Administration, Department of Commerce.
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.
Effective Date: January 27, 2015.Start Further Info
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.End Further Info End Preamble Start Supplemental Information
On September 23, 2014, the Department published, and invited interested parties to comment on, the Preliminary Results. 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).
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, 8418.104.22.168, 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, 8422.214.171.124, 84126.96.36.199, 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.Start Printed 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. 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). 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.
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:
|Company||Weighted-average dumping margin (percent)|
|Bosch Packaging Technology K.K||106.61|
|Bosch Rexroth Corporation||106.61|
|Bayerische Motoren Werke AG||254.25|
|Bosch Rexroth Limited||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|
|Perkins Engines Company Ltd||1.55|
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.
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.
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 Start Printed Page 4250hereby 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.Start Signature
Dated: January 21, 2015.
Assistant Secretary for Enforcement and Compliance.
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. RecommendationEnd Supplemental Information
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).Back to Citation
3. Id.Back to Citation
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).Back to Citation
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).Back to Citation
6. For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).Back to Citation
[FR Doc. 2015-01481 Filed 1-26-15; 8:45 am]
BILLING CODE 3510-DS-P