Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Notices 5949

Affected Public: Individuals, 

businesses or other for-profit 

institutions. 

Respondent’s Obligation: Mandatory. 

OMB Desk Officer: David Rostker. 

Copies of the above information 

collection proposal can be obtained by 

calling or writing Diana Hynek, DOC 

Paperwork Clearance Officer, (202) 482–

3129, Department of Commerce, Room 

6625, 14th and Constitution Avenue, 

NW., Washington, DC 20230. 

Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to David Rostker, OMB Desk 

Officer, Room 10202, New Executive 

Office Building, Washington, DC 20230.

Dated: February 3, 2004. 

Madeleine Clayton, 

Management Analyst, Office of the Chief 

Information Officer.

[FR Doc. 04–2649 Filed 2–6–04; 8:45 am] 

BILLING CODE 3510–33–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A-427–801, A-428–801, A-475–801, A-588–

804, A-559–801, A-412–801]

Antifriction Bearings and Parts Thereof 

from France, Germany, Italy, Japan, 

Singapore, and the United Kingdom: 

Preliminary Results Of Antidumping 

Duty Administrative Reviews, Partial 

Rescission Of Administrative Reviews, 

Notice Of Intent To Rescind 

Administrative Reviews, And Notice Of 

Intent To Revoke Order In Part

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce.

ACTION: Notice of Preliminary Results of 

Antidumping Duty Administrative 

Reviews, Partial Rescission of 

Administrative Reviews, Notice of 

Intent to Rescind Administrative 

Reviews, and Notice of Intent to Revoke 

Order in Part.

SUMMARY: In response to requests from 

interested parties, the Department of 

Commerce is conducting administrative 

reviews of the antidumping duty orders 

on antifriction bearings (other than 

tapered roller bearings) and parts 

thereof from France, Germany, Italy, 

Japan, Singapore, and the United 

Kingdom. The merchandise covered by 

these orders are ball bearings and parts 

thereof (ball bearings) from France, 

Germany, Italy, Japan, Singapore, and 

the United Kingdom and spherical plain 

bearings and parts thereof from France. 

The reviews cover 173 manufacturers/

exporters. The period of review is May 

1, 2002, through April 30, 2003.

We have preliminarily determined 

that sales have been made below normal 

value by various companies subject to 

these reviews. If these preliminary 

results are adopted in our final results 

of administrative reviews, we will 

instruct U.S. Customs and Border 

Protection (CBP) to assess antidumping 

duties on all appropriate entries.

We invite interested parties to 

comment on these preliminary results. 

Parties who submit comments in these 

reviews are requested to submit with 

each argument (1) a statement of the 

issue and (2) a brief summary of the 

argument.

EFFECTIVE DATE: February 9, 2004.

FOR FURTHER INFORMATION CONTACT: The 

Department of Commerce (the 

Department) received numerous 

requests for reviews of companies under 

multiple orders. Please contact the 

appropriate analyst as outlined in the 

following chart at Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, Washington, D.C. 20230; 

telephone: (202) 482–4733.

COMPANY COUNTRY ANALYST 

Ace Bearing and Transmission Co. ............................. France, Germany, Italy Edythe Artman

Acorn Industrial Service Limited .................................. France, Germany, Italy Jeffrey Frank

Aeroengine Bearings ................................................... United Kingdom Catherine Cartsos

Aktif Endustrie Malzemeleri ......................................... France, Germany, Italy Lyn Johnson

Alphateam SPRL ......................................................... France, Germany, Italy Catherine Cartsos

Asahi Seiko .................................................................. Japan Jennifer Moats

Australian Bearing Pty Ltd. .......................................... France, Germany, Italy Dmitry Vladimirov

Baltic Bearing Supply .................................................. France, Germany, Italy Yang Jin Chun

Barden/FAG ................................................................. United Kingdom Jeffrey Frank

Bearing and Tool GmbH .............................................. France, Germany, Italy Brian Ellman

Bearing Discount International GmbH ......................... France, Germany, Italy Fred Aziz

Bearing Dynamics ........................................................ France, Germany, Italy Janis Kalnins

Bearing Net .................................................................. France, Germany, Italy Susan Lehman

Bearing Sales Corporation .......................................... France, Germany, Italy Jeffrey Frank

BTM Bearing Trade F.C. Miltner ................................. France, Germany, Italy, United Kingdom Hermes Pinilla

Budapesti Sved Casapagy Ltd. ................................... France, Germany, Italy, United Kingdom Tom Schauer

Cantoni and C.S.N.C. .................................................. France, Germany, Italy Sochieta Moth

CCVI Bearing Company .............................................. France, Germany, Italy Kristin Case

Comal SNC .................................................................. France, Germany, Italy Dmitry Vladimirov

DCD Corporation ......................................................... France, Germany, Italy Jennifer Moats

Delta Export GmbH ..................................................... France, Germany, Italy, United Kingdom Minoo Hatten

EuroLatin Ex. Services ................................................ France, Germany, Italy Sochieta Moth

Ever-on Corporation (formerly Taisho Kiko Co. Ltd.) .. France, Germany, Italy Kristin Case

FAG .............................................................................. Germany, Italy Dmitry Vladimirov

Fair Friend Ent. Co. Ltd. .............................................. France, Germany, Italy Kristin Case

Friedrich Picard GmbH ................................................ France, Germany, Italy Susan Lehman

Frohlich and Dorken GmbH ......................................... France, Germany, Italy Jeffrey Frank

Godiva .......................................................................... Germany Fred Aziz

Han Sol Tech Corp./Yoo Shin Co. .............................. France, Germany, Italy Janis Kalnins

Hayley Import/Export ................................................... France, Germany, Italy Yang Jin Chun

Heinz Knust ................................................................. France, Germany, Italy Brian Ellman

Hergenhan GmbH ........................................................ France, Germany, Italy Catherine Cartsos

Hoens Industrieel BV ................................................... France, Germany, Italy Dmitry Vladimirov

5950 Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Notices 

COMPANY COUNTRY ANALYST 

IBD Ltd. ........................................................................ France, Germany, Italy Edythe Artman

IMA Corporation ........................................................... Japan Edythe Artman

INA ............................................................................... Germany Susan Lehman

International Bearing Pte. Ltd. ..................................... France, Germany, Italy Jennifer Moats

Interspecies Donath GmbH ......................................... France, Germany, Italy Lyn Johnson

Italcuscinetti Group ...................................................... France, Germany, Italy Dunyako Ahmadu

Justy Corporation ......................................................... France, Germany, Italy, Japan, United Kingdom Dunyako Ahmadu

Kian Ho Bearings, Ltd. ................................................ France, Germany, Italy Edythe Artman

KIS Antriebs Technik GmbH ....................................... France, Germany, Italy Jennifer Moats

Koyo Seiko ................................................................... Japan Tom Schauer

KSM, Minamiguchi/Bearing MFG. Co. ........................ France, Germany, Italy Lyn Johnson

LTM Industrietechnik ................................................... France, Germany, Italy Dmitry Vladimirov

M. Buchhalter Maschenmode/Hergenhan ................... France, Germany, Italy Yang Jin Chun

Micaknowledge ............................................................ France, Germany, Italy Brian Ellman

Minetti SpA .................................................................. France, Germany, Italy Fred Aziz

Ming Hing Trading Company ....................................... France, Germany, Italy Janis Kalnins

Motion Bearing Pte. Ltd. .............................................. France, Germany, Italy Susan Lehman

Nachi-Fujikoshi ............................................................ Japan Minoo Hatten

Nankai Seiko ................................................................ Japan Catherine Cartsos

NPBS ........................................................................... Japan Yang Jin Chun

NSK .............................................................................. Japan, United Kingdom Dunyako Ahmadu

NTN .............................................................................. Japan Hermes Pinilla

Osaka Pump Co. Ltd. .................................................. Japan Edythe Artman

Paul Mueller ................................................................. Germany Dave Dirstine

Ringball Corporation .................................................... France, Germany, Italy, Japan Dave Dirstine

Rodamietos Rovi ......................................................... France, Germany, Italy Jeffrey Frank

Roeirasa ....................................................................... France, Germany, Italy Sochieta Moth

Rolling Bearing Co. Pty. Ltd. ....................................... France, Germany, Italy Kristin Case

Rovi-Marcay ................................................................. France, Germany, Italy Tom Schauer

Rovi-Valencia ............................................................... France, Germany, Italy Minoo Hatten

Sapporo Precision Bearings, Inc. ................................ Japan Brian Ellman

SKF .............................................................................. France Dunyako Ahmadu

SKF .............................................................................. Germany Kristin Case

SKF .............................................................................. Italy Sochieta Moth

SKF .............................................................................. United Kingdom Kristin Case

SNR ............................................................................. France Fred Aziz

Sprint Engineering ....................................................... France, Germany, Italy Sochieta Moth

Taisei Industries ........................................................... Japan Catherine Cartsos

Takeshita Seiko Co. Ltd. ............................................. Japan Janis Kalnins

Taninaka Ltd. ............................................................... France, Germany, Italy Susan Lehman

TEC Engineering Co., Ltd. .......................................... Japan Sochieta Moth

Timken ......................................................................... Germany Kristin Case

Top G Trading Pte Ltd. ................................................ France, Germany, Italy Brian Ellman

Weber Kugellager International ................................... France, Germany, Italy Fred Aziz

Withus Technology Corp. ............................................ France, Germany, Italy Janis Kalnins

Wyko Export ................................................................ France, Germany, Italy Yang Jin Chun

Yoshida Shokai ............................................................ Japan Dmitry Vladimirov

SUPPLEMENTARY INFORMATION:

Background

On May 15, 1989, the Department 

published in the Federal Register (54 

FR 20909) the antidumping duty orders 

on ball bearings from France, Germany, 

Italy, Japan, Singapore, and the United 

Kingdom and on spherical plain 

bearings and parts thereof from France. 

On July 1, 2003, in accordance with 19 

CFR 351.213(b), we published a notice 

of initiation of administrative reviews of 

these orders (68 FR 39055). On July 29, 

2003, we published a second notice of 

initiation of administrative reviews (68 

FR 44524) of companies that had been 

omitted inadvertently from the July 1, 

2003, Federal Register notice.

After we initiated our reviews, we 

learned that the company Taisho Kiko 

had changed its name to Ever-On 

Corporation. Subsequently, even though 

we initiated a review of this firm as 

Taisho Kiko, for the remainder of this 

review, we will refer to this company as 

Ever-On Corporation. In addition, we 

initiated reviews of Kugellager Weber 

and Weber Kugellager. We learned after 

initiation that these two names were 

used for the same company (Letter from 

Weber Kugellager International to 

Secretary of Commerce, dated 

September 15, 2003, on file in room B099 of the Commerce Department). As 

such, we will refer to this firm for the 

remainder of this review as Weber 

Kugellager. Similarly, we also initiated 

reviews of BTM and BTM Bearing Trade 

F.C. Miltner, but learned after initiation 

that these were variant names for the 

same firm.

Rescission of Reviews

Subsequent to the publication of our 

initiation notices, we received timely 

withdrawals of the requests we had 

received for reviews of Budapesti Sved 

Csapagy Ltd. (U.K.), Delta Export GmbH 

(U.K.), Godiva Bearing Ltd. (Germany), 

Justy Corp. (France, Germany, Italy, 

Japan, and U.K.), Nachi (Japan), NSK 

Bearings Europe (U.K.), Ringball 

Corporation (Japan), SNR Roulements 

(Japan), Taisei Industries, Ltd. (Japan), 

TEC Engineering (Japan), and Yoshida 

Shokai (Japan) with respect to ball 

bearings. Because there were no other 

requests for review for these companies 

and no interested party objected, we are 

rescinding the reviews with respect to 

these companies in accordance with 19 

CFR 351.213(d). We also received timely 

withdrawals of the requests we had 

Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Notices 5951

received for reviews of Budapesti Sved 

Csapagy Ltd (France, Germany, and 

Italy), Delta Export GmbH (France, 

Germany, and Italy), and Sapporo 

Precision Bearings, Inc. (Japan). Reviews 

for these three companies were also 

requested by other interested parties 

who did not withdraw their original 

requests. Consequently, we have 

continued our review of these 

companies.

On January 9, 2004, the petitioner 

withdrew its request for the review of 

ball bearings from Germany concerning 

INA-Schaeffler KG (INA). INA opposed 

the withdrawal, claiming that the 

Department should not honor the 

request for withdrawal for the following 

reasons: 1) the withdrawal is untimely; 

2) INA has expended considerable time 

and effort already to prepare responses 

to the Department’s original and 

supplemental questionnaires; 3) the 

Department has already expended 

considerable time and effort to analyze 

INA’s responses; 4) because the 

Department already has INA’s most 

current sales information, it is now able 

to calculate a more accurate dumping 

margin; 5) the decision to rescind the 

review may impede the Department’s 

ability to gather information from 

involuntary respondents in the future; 

6) circumstances surrounding INA’s 

current review (for example, its 

affiliation with FAG) distinguish it from 

past cases where the Department has 

rescinded reviews for companies for 

which withdrawal requests were made 

past the 90-day deadline in the 

Department’s regulations; 7) having 

already cooperated with the review thus 

far, INA has become an ‘‘interested 

party’’ to the review and thus has a 

vested interest in the continuance of the 

review.

Although we have accepted untimely 

withdrawals of requests for review 

elsewhere, the circumstances 

surrounding the review of INA are 

different from other situations. First, we 

have decided to collapse INA with 

another company under review, FAG, 

thereby treating the two requested firms 

as one entity. See the Collapsing 

Decision section of this notice for more 

details. We have not received a 

withdrawal of the request for review of 

FAG. Second, we had expended effort 

and resources in our analysis of INA 

prior to the untimely withdrawal such 

that we were quite advanced in the 

review. For these reasons, we have not 

rescinded the review of the order on ball 

bearings and parts thereof from 

Germany with respect to INA.

On January 29, 2004, we received a 

withdrawal of the request we had 

received for the review of the order on 

ball bearings and parts thereof from 

Japan from IMA Corporation. Even 

though this withdrawal came later than 

90 days after the initiation of the instant 

review, we are rescinding the review for 

IMA because there were no other 

requests for review for this company 

and no other interested party objected.

Intent to Rescind Reviews

Although we initiated administrative 

reviews of the orders on ball bearings 

and parts thereof from France, Germany, 

and Italy that were exported by Comal 

SNC and Interspecies Donath GmbH, 

these firms were unlocatable and we 

were unable to conduct administrative 

reviews of them. In addition, we 

initiated reviews for BTM with respect 

to ball bearings from France, Germany, 

Italy, and the United Kingdom. 

Subsequent to the initiation of the 

reviews, BTM informed us that, 

although it is a reseller of subject 

bearings, all of its suppliers had 

knowledge at the time of sale that the 

merchandise was destined for the 

United States. If in fact the suppliers 

had knowledge that the sales they made 

to this trading company were destined 

for exportation to the United States, 

then the suppliers would be the proper 

parties to review because their sales 

would be the point in the sales chain at 

which merchandise ‘‘is first sold (or 

agreed to be sold) before the date of 

importation by the producer or exporter 

of the subject merchandise outside of 

the United States to an unaffiliated 

purchaser in the United States or to an 

unaffiliated purchaser for exportation to 

the United States...’’ pursuant to section 

772(a) of the Tariff Act of 1930, as 

amended (the Act). Therefore, we intend 

to rescind the administrative reviews 

with respect BTM.

Scope of Reviews

The products covered by these 

reviews are antifriction bearings (other 

than tapered roller bearings) and parts 

thereof (AFBs) and constitute the 

following merchandise:

1. Ball Bearings and Parts Thereof:

These products include all AFBs 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 Schedules (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.

2. Spherical Plain Bearings, Mounted 

and Unmounted, and Parts Thereof:

These products include all spherical 

plain bearings that employ a 

spherically-shaped sliding element and 

include spherical plain rod ends.

Imports of these products are 

classified under the following HTS 

subheadings: 3926.90.45, 4016.93.00, 

4016.93.10, 4016.93.50, 6909.50.10, 

8483.30.80, 8483.90.30, 8485.90.00, 

8708.93.5000, 8708.99.50, 8803.10.00, 

8803.20.00, 8803.30.00, 8803.90.30, and 

8803.90.90.

Although the HTSUS item numbers 

above are provided for convenience and 

customs purposes, written descriptions 

of the scope of these proceedings remain 

dispositive.

The size or precision grade of a 

bearing does not influence whether the 

bearing is covered by one of the orders. 

These 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 these 

orders. For unfinished parts, such parts 

are included if (1) they have been heattreated, or (2) heat treatment is not 

required to be performed on the part. 

Thus, the only unfinished parts that are 

not coverd by these 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 these orders.

For a listing of scope determinations 

which pertain to the orders, see the 

Scope Determination Memorandum 

(Scope Memorandum) from the 

Antifriction Bearings Team to Laurie 

Parkhill, dated April 1, 2002. The Scope 

Memorandum is on file in the Central 

Records Unit (CRU), Main Commerce 

Building, Room B-099, in the General 

Issues record (A-100–001) for the 02/03 

reviews.

5952 Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Notices 

1See memo from analyst to the file, 

‘‘Administrative Review of the Antidumping Duty 

Order on Antifriction bearings and Parts Thereof 

from Germany - Responses to Questionnaire 

(December 11, 2003), Administrative Review of the 

Antidumping Duty Order on Antifriction Bearings 

and Parts Thereof from Italy - Responses to 

Questionnaire (December 11, 2003), and 

Administrative Review of the Antidumping Duty 

Order on Antifriction Bearings and Parts Thereof 

from France - Responses to Questionnaire 

(December 11, 2003).’’

Verification

As provided in section 782(i) of the 

Act, we will verify information 

provided by certain respondents using 

standard verification procedures, 

including on-site inspection of the 

manufacturers’ facilities, the 

examination of relevant sales and 

financial records, and the selection of 

original documentation containing 

relevant information. Our verification 

results will be outlined in the public 

versions of the verification reports, 

which will be placed on file in the CRU, 

Room B-099.

Use of Neutral Facts Available

Weber Kugellager responded in a 

timely manner to our requests for 

information but it did not provide U.S. 

and home-market sales databases that 

we could use to calculate dumping 

margins for the three country-specific 

reviews underway. Because we have not 

yet afforded Weber Kugellager the 

opportunity to correct the deficiencies 

in its responses for the preliminary 

results of these administrative reviews 

we have calculated a rate for Weber 

Kugellager based on neutral facts 

available. We calculated a margin for 

Weber Kugellager in each countryspecific review by calculating a simple 

average margin using the non-de 

minimis and non-adverse facts-available 

rates we determined for the other 

respondents in each of the countryspecific reviews for this period. We will 

issue a supplemental questionnaire to 

Weber Kugellager to allow it the 

opportunity to correct its responses. We 

will analyze the sufficiency of the 

response and issue the preliminary 

results of our analysis prior to the 

deadline for the case briefs in these 

reviews.

Use of Adverse Facts Available

In accordance with section 776(a) of 

the Act, we preliminarily determine that 

the use of facts available as the basis for 

the weighted-average dumping margin 

is appropriate for the following 

companies:

Ace Bearing and Tool (France, Germany, 

and Italy)

Aeroengine Bearings (United Kingdom)

Aktif Endustrie (France, Germany, and 

Italy)

Alphateam SPRL (France, Germany, and 

Italy)

Australian Bearing Pty Ltd. (France, 

Germany, and Italy)

Baltic Bearing Supply (France, 

Germany, and Italy)

Bearing Dynamics (France, Germany, 

and Italy)

Bearing Sales Corp. (France, Germany, 

and Italy)

Bearing and Tool GmbH (France, 

Germany, and Italy)

Budapesti Sved Csapagy Ltd. (France, 

Germany, and Italy)

Cantoni and C.S.N.C (France, Germany, 

and Italy)

CCVI Bearing Co. (France, Germany, and 

Italy)

DCD Corporation (France, Germany, and 

Italy)

Delta Export (France, Germany, and 

Italy)

EuroLatin Services (France, Germany, 

and Italy)

Fair Friend Ent. CO. Ltd. (France, 

Germany, and Italy)

Friedrich Picard GmbH (France, 

Germany, and Italy)

Frohlich and Dorken GmbH (France, 

Germany, and Italy)

Han Sol Technology Corporation 

(France, Germany, and Italy)

Hayley Import and Export (France, 

Germany, and Italy)

Heinz Knust (France, Germany, and 

Italy)

Hergenhan GmbH (France, Germany, 

and Italy)

Hoens Industrieel BV (France, Germany, 

and Italy)

IBD Ltd. (France, Germany, and Italy)

International Bearing Pte. Ltd. (France, 

Germany, and Italy)

Italcuscinetti Group (France, Germany, 

and Italy)

Kian Ho Bearings (France, Germany, 

and Italy)

KIS Antriebs Technik GmbH (France, 

Germany, and Italy)

KSM Minamiguchi/Bearing 

Manufacturing Co. (France, Germany, 

and Italy)

LTM Industrietechnik (France, 

Germany, and Italy)

M. Buchhalter Maschenmode/

Hergenhan (France, Germany, and Italy)

Micaknowledge (France, Germany, and 

Italy)

Minetti SPA (France, Germany, and 

Italy)

Ming Hing Trading Co. (France, 

Germany, and Italy)

Motion Bearing Pte. Ltd. (France, 

Germany, and Italy)

Rodamietos Rovi (France, Germany, and 

Italy)

Roeirasa (France, Germany, and Italy)

Rovi-Marcay (France, Germany, and 

Italy)

Rovi-Valencia (France, Germany, and 

Italy)

Taninaka Ltd. (France, Germany, and 

Italy)

Top G Trading Company (France, 

Germany, and Italy)

Withus Technology Corporation 

(France, Germany, and Italy)

Wyko Export (France, Germany, and 

Italy)

These companies did not submit 

adequate responses to our antidumping 

duty questionnaire.1 Consequently, we 

find that they have withheld 

‘‘information that has been requested by 

the administering authority’’ under 

section 776(a)(1) of the Act. Further, 

Acorn Industrial Service filed two 

responses to section A of our 

questionnaire on August 15, 2003, and 

September 12, 2003, improperly. We 

rejected each response as being filed 

improperly in accordance with 19 CFR 

351.303 and 304 and gave Acorn 

Industrial Service additional time to 

submit a response to our original 

questionnaire properly. Acorn did not 

submit any other information 

concerning bearings it exported to the 

United States from Germany. Therefore, 

having no information on the record, we 

find that this firm also did not provide 

‘‘information that has been requested by 

the administering authority’’ under 

section 776(a)(1) of the Act.

In accordance with section 776(b) of 

the Act, we are making an adverse 

inference in our application of the facts 

available. This is appropriate because 

the companies identified above have not 

provided appropriate responses to our 

requests for information and have not 

provided any acceptable rationale for 

their non-responses. Therefore, we find 

that they have not acted to the best of 

their ability in providing us with 

relevant information which is under 

their control. As adverse facts available 

for these firms, we have applied the 

highest rate which we have calculated 

for any company in any segment of the 

relevant proceeding on ball bearings 

from the countries for which these firms 

have been reviewed. We have selected 

these rates because they are sufficiently 

high as to reasonably assure that these 

firms do not obtain a more favorable 

result by failing to cooperate. 

Specifically, the rates are as follows: 

66.42 percent for France, 70.41 percent 

for Germany, 68.29 percent for Italy, and 

61.14 percent for the United Kingdom.

Section 776(c) of the Act provides that 

the Department shall, to the extent 

practicable, corroborate secondary 

information used for facts available by 

reviewing independent sources 

reasonably at its disposal. Information 

Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Notices 5953

2See The Use of Facts Available and 

Corroboration of Secondary Information for Italy

(February 2, 2004), The Use of Facts Available and 

Corroboration of Secondary Information for France

(February 2, 2004), The Use of Facts Available and 

Corroboration of Secondary Information for 

Germany (February 2, 2004), and The Use of Facts 

Available and Corroboration of Secondary 

Information for the United Kingdom (February 2, 

2004) (collectively, Corroboration Memoranda).

from a prior segment of the proceeding 

or from another company in the same 

proceeding constitutes secondary 

information. The Statement of 

Administrative Action accompanying 

the Uruguay Round Agreements Act, 

H.R. Doc. 103–316, at 870 (1994) (SAA), 

provides that the word ‘‘corroborate’’

means that the Department will satisfy 

itself that the secondary information to 

be used has probative value. As 

explained in Tapered Roller Bearings 

and Parts Thereof, Finished and 

Unfinished, from Japan, and Tapered 

Roller Bearings Four Inches or Less in 

Outside Diameter, and Components 

Thereof, from Japan: Preliminary 

Results of Antidumping Duty 

Administrative Reviews and Partial 

Termination of Administrative Reviews, 

61 FR 57391, 57392 (November 6, 1996) 

(Tapered Roller Bearings and Parts 

Thereof from Japan), in order to 

corroborate secondary information, the 

Department will examine, to the extent 

practicable, the reliability and relevance 

of the information used. Unlike other 

types of information, however, such as 

input costs or selling expenses, there are 

no independent sources for calculated 

dumping margins. The only source for 

margins is administrative 

determinations. Thus, with respect to an 

administrative review, if the Department 

chooses as facts available a calculated 

dumping margin from a prior segment of 

the proceeding, it is not necessary to 

question the reliability of the margin for 

that time period.

With respect to the relevance aspect 

of corroboration, however, the 

Department will consider information 

reasonably at its disposal as to whether 

there are circumstances that would 

render a margin not relevant. Where 

circumstances indicate that the selected 

margin is not appropriate as adverse 

facts available, the Department will 

disregard the margin and determine an 

appropriate margin. See Fresh Cut 

Flowers from Mexico; Final Results of 

Antidumping Duty Administrative 

Review, 61 FR 6812, 6814 (February 22, 

1996), where the Department 

disregarded the highest dumping margin 

as best information available because 

the margin was based on another 

company’s uncharacteristic business 

expense resulting in an unusually high 

margin. Further, in accordance with 

F.LII De Cecco Di Filippo Fara S. 

Martino S.p.A. v. United States, 216 

F.3d 1027 (Fed. Cir. June 16, 2000), we 

also examine whether information on 

the record would support the selected 

rates as reasonable facts available.

We find that the rates which we are 

using for these preliminary results have 

probative value. We compared the 

selected margins to margins calculated 

on individual sales of the merchandise 

in question made by the French, 

German, Italian, and U.K. companies 

covered by the instant review. We found 

a number of sales, made in the ordinary 

course of trade and in commercial 

quantities, with dumping margins near 

or exceeding the rates under 

consideration. The details of this 

analysis are contained in the 

memoranda from the case analysts to 

Laurie Parkhill.2 This evidence supports 

an inference that the selected rates 

reflect the actual dumping margins for 

the firms in question.

These rates are the current cashdeposit rates for a number of firms (e.g., 

in the Germany proceeding, 70.41 

percent is the current deposit rate for, 

among other firms, Timken (formerly 

Torrington Nadellager), NTN, Bearings 

Discount International GmbH, Motion 

Bearings, and Alphateam SPRL). 

Therefore, we find that these rates are 

relevant and have probative value.

Furthermore, there is no information 

on the record that demonstrates that the 

rates we have selected are inappropriate 

for use as the total adverse factsavailable rates for the companies in 

question. Therefore, we consider the 

selected rates to have probative value 

with respect to the firms in question in 

these reviews and to reflect the 

appropriate adverse inferences.

Intent to Revoke

On May 30, 2003, Paul Mueller 

requested the revocation of the order 

covering ball bearings and parts thereof 

from Germany as it pertains to its sales.

Under section 751(d)(1) of the Act, the 

Department ‘‘may revoke, in whole or in 

part’’ an antidumping duty order upon 

completion of a review. Although 

Congress has not specified the 

procedures that the Department must 

follow in revoking an order, the 

Department has developed a procedure 

for revocation that is set forth under 19 

CFR 351.222. Under subsection 

351.222(b), the Department may revoke 

an antidumping duty order in part if it 

concludes that (i) an exporter or 

producer has sold the merchandise at 

not less than normal value for a period 

of at least three consecutive years, (ii) 

the exporter or producer has agreed in 

writing to its immediate reinstatement 

in the order if the Secretary concludes 

that the exporter or producer, 

subsequent to the revocation, sold the 

subject merchandise at less than normal 

value, and (iii) the continued 

application of the antidumping duty 

order is no longer necessary to offset 

dumping. Subsection 351.222(b)(3) 

states that, in the case of an exporter 

that is not the producer of subject 

merchandise, the Department normally 

will revoke an order in part under 

subsection 351.222(b)(2) only with 

respect to subject merchandise 

produced or supplied by those 

companies that supplied the exporter 

during the time period that formed the 

basis for revocation.

A request for revocation of an order in 

part must address three elements. The 

company requesting the revocation must 

do so in writing and submit the 

following statements with the request: 

(1) The company’s certification that it 

sold the subject merchandise at not less 

than normal value during the current 

review period and that, in the future, it 

will not sell at less than normal value; 

(2) the company’s certification that, 

during each of the consecutive years 

forming the basis of the request, it sold 

the subject merchandise to the United 

States in commercial quantities; (3) the 

agreement to reinstatement in the order 

if the Department concludes that the 

company, subsequent to revocation, has 

sold the subject merchandise at less 

than normal value. See 19 CFR 

351.222(e)(1).

We preliminarily determine that the 

request from Paul Mueller meets all of 

the criteria under 19 CFR 351.222(e)(1). 

With regard to the criteria of subsection 

351.222(b)(2), our preliminary margin 

calculations show that this firm sold 

ball bearings at not less than normal 

value during the current review period. 

See dumping margins below. In 

addition, it sold ball bearings at not less 

than normal value in the two previous 

administrative reviews in which it was 

involved. See Ball Bearings and Parts 

Thereof from France, et al; Final Results 

of Antidumping Duty Administrative 

Reviews and Revocation of Orders in 

Part, 67 FR 55780, 55781 (August 30, 

2002), covering the period May 1, 2000, 

through April 30, 2001, and Ball 

Bearings and Parts Thereof From 

France, et al: Final Results of 

Antidumping Duty Administrative 

Reviews, Rescission of Administrative 

Review in Part, and Determination Not 

to Revoke Order in Part, 68 FR 35623, 

35625 (June 16, 2003), covering the 

period May 1, 2001, through April 30, 

2002.

Based on our examination of the sales 

data submitted by Paul Mueller, we 

5954 Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Notices 

preliminarily determine that Paul 

Mueller sold the subject merchandise in 

the United States in commercial 

quantities in each of the consecutive 

years cited by Paul Mueller to support 

its request for revocation. See 

preliminary results calculation 

memorandum for Paul Mueller, dated 

February 2, 2004, which is in the 

Department’s CRU, Room B-099. Thus, 

we preliminarily find that Paul Mueller 

had zero or de minimis dumping 

margins for the last three consecutive 

administrative reviews and sold in 

commercial quantities in all three years. 

Also, we preliminarily determine that 

application of the antidumping order to 

Paul Mueller is no longer warranted for 

the following reasons: 1) the company 

had zero or de minimis margins for a 

period of at least three consecutive 

years; 2) the company has agreed to 

immediate reinstatement of the order if 

the Department finds that it has 

resumed making sales at less than fair 

value; 3) the continued application of 

the order is not otherwise necessary to 

offset dumping.

Therefore, we preliminarily determine 

that Paul Mueller qualifies for 

revocation of the order on ball bearings 

and parts thereof pursuant to 19 CFR 

351.222(b)(2) and that the order with 

respect to merchandise produced and 

exported by Paul Mueller should be 

revoked.

If these preliminary findings are 

affirmed in our final results, we will 

revoke the order in part with respect to 

German ball bearings produced and 

exported by Paul Mueller and, in 

accordance with 19 CFR 351.222(f)(3), 

we will terminate the suspension of 

liquidation for ball bearings produced 

and exported by Paul Mueller that were 

entered, or withdrawn from warehouse, 

for consumption on or after May 1, 

2003, and will instruct CBP to refund 

any cash deposits for such entries.

Export Price and Constructed Export 

Price

For the price to the United States, we 

used export price (EP) or constructed 

export price (CEP) as defined in sections 

772(a) and (b) of the Act, as appropriate. 

Due to the extremely large volume of 

transactions that occurred during the 

period of review and the resulting 

administrative burden involved in 

calculating individual margins for all of 

these transactions, we sampled CEP 

sales in accordance with section 777A 

of the Act. When a firm made more than 

10,000 CEP sales transactions to the 

United States of merchandise subject to 

a particular order, we reviewed CEP 

sales that occurred during sample 

weeks. We selected one week from each 

two-month period in the review period, 

for a total of six weeks, and analyzed 

each transaction made in those six 

weeks. The sample weeks are as follows: 

May 26 June 1, 2002; August 4 10, 2002; 

September 15 21, 2002; November 17 - 

23, 2002; December 29, 2003 January 4, 

2003; April 13 - 19, 2003. We reviewed 

all export-price sales transactions made 

during the period of review.

We calculated export price and CEP 

based on the packed F.O.B., C.I.F., or 

delivered price to unaffiliated 

purchasers in, or for exportation to, the 

United States. We made deductions, as 

appropriate, for discounts and rebates. 

We also made deductions for any 

movement expenses in accordance with 

section 772(c)(2)(A) of the Act.

In accordance with section 772(d)(1) 

of the Act and the SAA at 823–824, we 

calculated the CEP by deducting selling 

expenses associated with economic 

activities occurring in the United States, 

which includes commissions, direct 

selling expenses, indirect selling 

expenses, and U.S. repacking expenses. 

When appropriate, in accordance with 

section 772(d)(2) of the Act, we also 

deducted the cost of any further 

manufacture or assembly, except where 

we applied the special rule provided in 

section 772(e) of the Act. See below. 

Finally, we made an adjustment for 

profit allocated to these expenses in 

accordance with section 772(d)(3) of the 

Act.

With respect to subject merchandise 

to which value was added in the United 

States prior to sale to unaffiliated U.S. 

customers, e.g., parts of bearings that 

were imported by U.S. affiliates of 

foreign exporters and then further 

processed into other products which 

were then sold to unaffiliated parties, 

we determined that the special rule for 

merchandise with value added after 

importation under section 772(e) of the 

Act applied to all firms, except NPBS, 

that added value in the United States.

Section 772(e) of the Act provides 

that, when the subject merchandise is 

imported by an affiliated person and the 

value added in the United States by the 

affiliated person is likely to exceed 

substantially the value of the subject 

merchandise, we shall determine the 

CEP for such merchandise using the 

price of identical or other subject 

merchandise sold by the exporter or 

producer to an unaffiliated customer, if 

there is a sufficient quantity of sales to 

provide a reasonable basis for 

comparison and we determine that the 

use of such sales is appropriate. If there 

is not a sufficient quantity of such sales 

or if we determine that using the price 

of identical or other subject 

merchandise is not appropriate, we may 

use any other reasonable basis to 

determine the CEP.

To determine whether the value 

added is likely to exceed substantially 

the value of the subject merchandise, we 

estimated the value added based on the 

difference between the averages of the 

prices charged to the first unaffiliated 

purchaser for the merchandise as sold in 

the United States and the averages of the 

prices paid for the subject merchandise 

by the affiliated purchaser. Based on 

this analysis, we determined that the 

estimated value added in the United 

States by all firms accounted for at least 

65 percent of the price charged to the 

first unaffiliated customer for the 

merchandise as sold in the United 

States. See 19 CFR 351.402(c) for an 

explanation of our practice on this 

issue. Therefore, we preliminarily 

determine that for all firms the value 

added is likely to exceed substantially 

the value of the subject merchandise. 

Also, for these firms, we determine that 

there was a sufficient quantity of sales 

remaining to provide a reasonable basis 

for comparison and that the use of these 

sales is appropriate. See analysis 

memoranda for Barden U.K., INA/FAG, 

Koyo Seiko Co. Ltd., NMB/Pelmec, 

NSK, NTN, Paul Mueller, SKF France, 

SKF Germany, and SKF Italy, dated 

February 2, 2004. Accordingly, for 

purposes of determining dumping 

margins for the sales subject to the 

special rule, we have used the weightedaverage dumping margins calculated on 

sales of identical or other subject 

merchandise sold to unaffiliated 

persons.

For NPBS, we determined that the 

special rule did not apply because the 

value added in the United States did not 

exceed substantially the value of the 

subject merchandise. Consequently, 

NPBS submitted a complete response to 

our further-manufacturing questionnaire 

which included the costs of the further 

processing performed by its U.S. 

affiliate. Since the majority of NPBS’s 

products sold in the United States were 

further processed, we analyzed all sales.

No other adjustments to export price 

or CEP were claimed or allowed.

Normal Value

Based on a comparison of the 

aggregate quantity of home-market and 

U.S. sales and absent any information 

that a particular market situation in the 

exporting country did not permit a 

proper comparison, we determined, 

with the exception of Takeshita Seiko 

Co., that the quantity of foreign like 

product sold by all respondents in the 

exporting country was sufficient to 

permit a proper comparison with the 

sales of the subject merchandise to the 

Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Notices 5955

United States, pursuant to section 773(a) 

of the Act. Each company’s quantity of 

sales in its home market was greater 

than five percent of its sales to the U.S. 

market. Therefore, in accordance with 

section 773(a)(1)(B)(i) of the Act, we 

based normal value on the prices at 

which the foreign like product was first 

sold for consumption in the exporting 

country in the usual commercial 

quantities and in the ordinary course of 

trade and, to the extent practicable, at 

the same level of trade as the EP or CEP 

sales.

With respect to Takeshita Seiko Co., 

we found that, because Takeshita sold 

only customized bearings, Takeshita’s 

U.S. models of subject merchandise had 

no identical or similar match in the 

home market or in a third-country 

market. Therefore we used the 

constructed value of the U.S. model as 

the basis for the normal value.

Due to the extremely large number of 

transactions that occurred during the 

period of review and the resulting 

administrative burden involved in 

examining all of these transactions, we 

sampled sales to calculate normal value 

in accordance with section 777A of the 

Act. When a firm had more than 10,000 

home-market sales transactions on a 

country-specific basis, we used sales in 

sample months that corresponded to the 

sample weeks that we selected for U.S. 

CEP sales, sales in a month prior to the 

period of review, and sales in the month 

following the period of review. The 

sample months were February, May, 

August, September, and November of 

2002, and January, April, and May of 

2003.

The Department may calculate normal 

value based on a sale to an affiliated 

party only if it is satisfied that the price 

to the affiliated party is comparable to 

the price at which sales are made to 

parties not affiliated with the exporter 

or producer, i.e., sales at arm’s-length 

prices. See 19 CFR 351.403(c). We 

excluded sales to affiliated customers 

for consumption in the home market 

that we determined not to be at arm’slength prices from our analysis. To test 

whether these sales were made at arm’slength prices, the Department compared 

the prices of sales of comparable 

merchandise to affiliated and 

unaffiliated customers, net of all rebates, 

movement charges, direct selling 

expenses, and packing. Pursuant to 19 

CFR 351.403(c) and in accordance with 

the Department’s practice, when the 

prices charged to an affiliated party 

were, on average, between 98 and 102 

percent of the prices charged to 

unaffiliated parties for merchandise 

comparable to that sold to the affiliated 

party, we determined that the sales to 

the affiliated party were at arm’s-length 

prices. See Antidumping Proceedings: 

Affiliated Party Sales in the Ordinary 

Course of Trade, 67 FR 69186 

(November 15, 2002). We included in 

our calculation of normal value those 

sales to affiliated parties that were made 

at arm’s-length prices.

Because we disregarded below-cost 

sales in accordance with section 773(b) 

of the Act in the last completed review 

with respect to ball bearings sold by 

INA/FAG, FAG Italy, Koyo, NTN, NPBS, 

NSK, NMB/Pelmec, Paul Mueller, SNR, 

SKF France, SKF Italy, and SKF 

Germany (see Ball Bearings and Parts 

Thereof From France, et al; Final 

Results of Antidumping Duty 

Administrative Reviews, Rescission of 

Administrative Review in Part, and 

Determination Not to Revoke in Part, 68 

FR 35623, 35624 (June 16, 2003)), and 

with respect to ball bearings sold by 

Asahi Seiko, Barden/FAG, and Nankai 

Seiko in their last completed reviews 

(see Ball Bearings and Parts Thereof 

from France, et al; Final Results of 

Antidumping Duty Administrative 

Reviews and Revocation of Orders in 

Part, 67 FR 55780, 55781 (August 30, 

2002)), we had reasonable grounds to 

believe or suspect that sales of the 

foreign like product under consideration 

for the determination of normal value in 

these reviews may have been made at 

prices below the cost of production 

(COP) as provided by section 

773(b)(2)(A)(ii) of the Act. Therefore, 

pursuant to section 773(b)(1) of the Act, 

we conducted COP investigations of 

sales by these firms in the home market.

In accordance with section 773(b)(3) 

of the Act, we calculated the COP based 

on the sum of the costs of materials and 

fabrication employed in producing the 

foreign like product, the selling, general, 

and administrative (SG&A) expenses, 

and all costs and expenses incidental to 

packing the merchandise. In our COP 

analysis, we used the home-market sales 

and COP information provided by each 

respondent in its questionnaire 

responses.

After calculating the COP, in 

accordance with section 773(b)(1) of the 

Act, we tested whether home-market 

sales of the foreign like product were 

made at prices below the COP within an 

extended period of time in substantial 

quantities and whether such prices 

permitted the recovery of all costs 

within a reasonable period of time. We 

compared model-specific COPs to the 

reported home-market prices less any 

applicable movement charges, 

discounts, and rebates.

Pursuant to section 773(b)(2)(C) of the 

Act, when less than 20 percent of a 

respondent’s sales of a given product 

were at prices less than the COP, we did 

not disregard any below-cost sales of 

that product because the below-cost 

sales were not made in substantial 

quantities within an extended period of 

time. When 20 percent or more of a 

respondent’s sales of a given product 

during the period of review were at 

prices less than the COP, we 

disregarded the below-cost sales 

because they were made in substantial 

quantities within an extended period of 

time pursuant to sections 773(b)(2)(B) 

and (C) of the Act and because, based on 

comparisons of prices to weightedaverage COPs for the period of review, 

we determined that these sales were at 

prices which would not permit recovery 

of all costs within a reasonable period 

of time in accordance with section 

773(b)(2)(D) of the Act. See analysis 

memoranda for Asahi Seiko, Barden/

FAG, FAG Italy, INA/FAG, Koyo, 

Nankai Seiko, NMB/Pelmec, NTN, 

NPBS, NSK, Paul Mueller, SNR, SKF 

France, SKF Italy, and SKF Germany, 

dated February 2, 2004. Based on this 

test, we disregarded below-cost sales 

with respect to all of the abovementioned companies.

We compared U.S. sales with sales of 

the foreign like product in the home 

market. We considered all non-identical 

products within a bearing family to be 

equally similar. As defined in the 

questionnaire, a bearing family consists 

of all bearings which are the foreign like 

product that are the same in the 

following physical characteristics: load 

direction, bearing design, number of 

rows of rolling elements, precision 

rating, dynamic load rating, outer 

diameter, inner diameter, and width.

We received a suggestion from the 

petitioner to alter our model-match 

methodology. The petitioner suggested 

that, instead of averaging the sales of all 

the models within a family, it would be 

more accurate to compare sales of the 

single most similar model in those cases 

where an identical match cannot be 

found in the home and U.S. market. 

Because it is not possible for us to make 

such a substantial change to our modelmatch methodology within the 

statutorily mandated deadlines, we have 

decided to continue to use the same 

methodology from past reviews for this 

period of review. See Memorandum to 

James J. Jochum from Jeffrey A. May, 

Ball Bearings (and Parts Thereof) From 

France, Germany, Italy, Japan, 

Singapore, and the United Kingdom - 

Model-Match Methodology (December 3, 

2003). We have solicited comments and 

invited rebuttal comments from all 

interested parties on the proposed 

change to our model-match 

methodology (see letters to interested 

5956 Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Notices 

parties dated December 4, 2003, and 

January 9, 2004, on file in the CRU). We 

will then use these comments to 

identify the physical characteristics that 

we will require respondents to report in 

future reviews and develop a new 

model-match methodology for use in the 

2003–2004 reviews.

Home-market prices were based on 

the packed, ex-factory, or delivered 

prices to affiliated or unaffiliated 

purchasers. When applicable, we made 

adjustments for differences in packing 

and for movement expenses in 

accordance with sections 773(a)(6)(A) 

and (B) of the Act. We also made 

adjustments for differences in cost 

attributable to differences in physical 

characteristics of the merchandise 

pursuant to section 773(a)(6)(C)(ii) of 

the Act and 19 CFR 351.411 and for 

differences in circumstances of sale in 

accordance with section 773(a)(6)(C)(iii) 

of the Act and 19 CFR 351.410. For 

comparisons to export price, we made 

circumstances-of-sale adjustments by 

deducting home-market direct selling 

expenses from and adding U.S. direct 

selling expenses to normal value. For 

comparisons to CEP, we made 

circumstances-of-sale adjustments by 

deducting home-market direct selling 

expenses from normal value. We also 

made adjustments, when applicable, for 

home-market indirect selling expenses 

to offset U.S. commissions in exportprice and CEP calculations.

In accordance with section 

773(a)(1)(B)(i) of the Act, we based 

normal value, to the extent practicable, 

on sales at the same level of trade as the 

export price or CEP. If normal value was 

calculated at a different level of trade, 

we made an adjustment, if appropriate 

and if possible, in accordance with 

section 773(a)(7)(A) of the Act. See Level 

of Trade section below.

In accordance with section 773(a)(4) 

of the Act, we used constructed value as 

the basis for normal value when there 

were no usable sales of the foreign like 

product in the comparison market. We 

calculated constructed value in 

accordance with section 773(e) of the 

Act. We included the cost of materials 

and fabrication, SG&A expenses, and 

profit in the calculation of constructed 

value. In accordance with section 

773(e)(2)(A) of the Act, we based SG&A 

expenses and profit on the amounts 

incurred and realized by each 

respondent in connection with the 

production and sale of the foreign like 

product in the ordinary course of trade 

for consumption in the home market.

When appropriate, we made 

adjustments to constructed value in 

accordance with section 773(a)(8) of the 

Act, 19 CFR 351.410, and 19 CFR 

351.412 for circumstance-of-sale 

differences and level-of-trade 

differences. For comparisons to export 

price, we made circumstance-of-sale 

adjustments by deducting home-market 

direct selling expenses from and adding 

U.S. direct selling expenses to 

constructed value. For comparisons to 

CEP, we made circumstance-of-sale 

adjustments by deducting home-market 

direct selling expenses from constructed 

value. We also made adjustments, when 

applicable, for home-market indirect 

selling expenses to offset U.S. 

commissions in export-price and CEP 

comparisons.

When possible, we calculated 

constructed value at the same level of 

trade as the export price or CEP. If 

constructed value was calculated at a 

different level of trade, we made an 

adjustment, if appropriate and if 

possible, in accordance with sections 

773(a)(7) and (8) of the Act. See Level 

of Trade section below.

Level of Trade

To the extent practicable, we 

determined normal value for sales at the 

same level of trade as the U.S. sales 

(either export price or CEP). When there 

were no sales at the same level of trade, 

we compared U.S. sales to home-market 

sales at a different level of trade. The 

normal-value level of trade is that of the 

starting-price sales in the home market. 

When normal value is based on 

constructed value, the level of trade is 

that of the sales from which we derived 

SG&A and profit.

To determine whether home-market 

sales are at a different level of trade than 

U.S. sales, we examined stages in the 

marketing process and selling functions 

along the chain of distribution between 

the producer and the unaffiliated 

customer. If the comparison-market 

sales were at a different level of trade 

from that of a U.S. sale and the 

difference affected price comparability, 

as manifested in a pattern of consistent 

price differences between the sales on 

which normal value is based and 

comparison-market sales at the level of 

trade of the export transaction, we made 

a level-of-trade adjustment under 

section 773(a)(7)(A) of the Act. See, e.g., 

Notice of Final Determination of Sales 

at Less Than Fair Value: Certain Cut-toLength Carbon Steel Plate from South 

Africa, 62 FR 61731, 61732 (November 

19, 1997).

For a company-specific description of 

our level-of-trade analysis for these 

preliminary results, see Memorandum 

to Laurie Parkhill from Antifriction 

Bearings Team Regarding Level of 

Trade, dated February 2, 2004, on file in 

the CRU, Room B-099.

Collapsing Decision

As a result of our analysis of INA and 

FAG’s responses to our supplemental 

questionnaires, we have found that the 

totality of factual information suggests 

that it is appropriate to collapse FAG 

and INA as affiliated producers for the 

purpose of calculating an antidumping 

duty margin. See Memorandum to 

Laurie Parkhill, Ball Bearings (and Parts 

Thereof) From Germany-Collapsing 

Affiliated Producers, FAG Kugelfischer 

Georg Schafer AG and INA-Schaeffler 

KG, for Purposes of Calculating a 

Dumping Margin, January 29, 2004 

(Collapsing Memo).

As we have found before, ‘‘[i]t is the 

Department’s long-standing practice to 

calculate a separate dumping margin for 

each manufacturer or exporter 

investigated.’’ Final Determinations of 

Sales at Less than Fair Value; Certain 

Hot-Rolled Carbon Steel Flat Products, 

Certain Cold-Rolled Carbon Steel Flat 

Products, and Certain CorrosionResistant Carbon Steel Flat Products 

from Japan, 58 FR 37154, 37159 (July 9, 

1993). Because we calculate margins on 

a company-specific basis, we must 

ensure that we review the entire 

producer or reseller, not merely a part 

of it. We review the entire entity due to 

our concerns regarding price and cost 

manipulation. Because of this concern, 

we examine the question of whether 

companies ‘‘constitute separate 

manufacturers or exporters for purposes 

of the dumping law.’’ Final 

Determination of Sales at Less Than 

Fair Value; Certain Granite Products 

from Spain, 53 FR 24335, 24337 (June 

28, 1988). When affiliated producers 

have production facilities for similar or 

identical products that would not 

require substantial retooling of either 

facility in order to restructure 

manufacturing priorities and there is 

evidence indicating a significant 

potential for the manipulation of price 

and production, we ‘‘collapse’’ related 

companies; that is, we treat the 

companies as one entity for purposes of 

calculating the dumping margin. See 19 

CFR 351.401(f). See also Nihon Cement 

Co., Ltd. v. United States, Slip Op. 93–

80 (CIT May 25, 1993). As detailed in 

our Collapsing Memo, we find that such 

a potential for the manipulation of price 

and production exists with respect to 

INA and FAG. Therefore, we have 

calculated a single margin for this 

entity.

Preliminary Results of Reviews

As a result of our reviews, we 

preliminarily determine the following 

percentage weighted-average dumping 

margins on antifriction bearings and 

Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Notices 5957

parts thereof for the period May 1, 2002, 

through April 30, 2003:

FRANCE - BALL BEARINGS

Company Margin 

Ace Bearing and Transmission Service .................................................................. 66.42

Acorn Industrial Service Limited .............................................................................. (1)

Aktif Endustrie Malzemeleri ..................................................................................... 66.42

Alphateam SPRL ..................................................................................................... 66.42

Australian Bearing Pty Ltd. ...................................................................................... 66.42

Baltic Bearing Supply .............................................................................................. 66.42

Bearing and Tool GmbH .......................................................................................... 66.42

Bearing Discount International GmbH ..................................................................... (1)

Bearing Dynamics .................................................................................................... 66.42

Bearing Net .............................................................................................................. (1)

Bearing Sales Corp. ................................................................................................ 66.42

Budapesti Sved Csapagy Ltd. ................................................................................. 66.42

Cantoni and C.S.N.C. .............................................................................................. 66.42

CCVI Bearing Co. .................................................................................................... 66.42

DCD Corp. ............................................................................................................... 66.42

Delta Export GmbH ................................................................................................. 66.42

EuroLatin Ex. Services ............................................................................................ 66.42

Ever-On Corporation (formerly Taisho Kiko Co.) .................................................... (1)

Fair Friend Ent. Co. Ltd. .......................................................................................... 66.42

Friedrich Picard GmbH ............................................................................................ 66.42

Frohlich and Dorken GmbH ..................................................................................... 66.42

Han Sol Tech. Corp/Yoo Shin Co. .......................................................................... 66.42

Hayley Import/Export ............................................................................................... 66.42

Heinz Knust ............................................................................................................. 66.42

Hergenhan GmbH .................................................................................................... 66.42

Hoens Industrieel BV ............................................................................................... 66.42

IBD Ltd. .................................................................................................................... 66.42

International Bearing Pte.Ltd. .................................................................................. 66.42

Italcuscinetti Group .................................................................................................. 66.42

Kian Ho Bearings, Ltd. ............................................................................................ 66.42

KIS Antriebs Technik GmbH ................................................................................... 66.42

KSM, Minamiguchi/Bearing Manufacturing Co. ....................................................... 66.42

LTM Industrietechnik ............................................................................................... 66.42

M. Buchhalter Maschenmode/Hergenhan ............................................................... 66.42

Micaknowledge ........................................................................................................ 66.42

Minetti SpA .............................................................................................................. 66.42

Ming Hing Trading Co. ............................................................................................ 66.42

Motion Bearing Ptre. Ltd. ......................................................................................... 66.42

Ringball Corporation ................................................................................................ 2.94

Rodamietos Rovi ..................................................................................................... 66.42

Roeirasa ................................................................................................................... 66.42

Rolling Bearing Co. Pty Ltd. .................................................................................... (1)

Rovi-Marcay ............................................................................................................. 66.42

Rovi-Valencia ........................................................................................................... 66.42

SKF .......................................................................................................................... 5.25

SNR ......................................................................................................................... 6.40

Sprint Engineering ................................................................................................... (1)

Taninaka Ltd. ........................................................................................................... 66.42

Top G Trading Pte Ltd. ............................................................................................ 66.42

Weber Kugellager Int. .............................................................................................. 4.86

Withus Technology Corporation .............................................................................. 66.42

Wyko Export ............................................................................................................ 66.42

FRANCE - Spherical Bearings.

Ringball .................................................................................................................... (1)

SKF .......................................................................................................................... 22.72

GERMANY 

Company Margin 

Ace Bearing and Transmission Service .................................................................. 70.41

Acorn Industrial Service Limited .............................................................................. 70.41

Aktif Endustrie Malzemeleri ..................................................................................... 70.41

Alphateam SPRL ..................................................................................................... 70.41

Australian Bearing Pty Ltd. ...................................................................................... 70.41

Baltic Bearing Supply .............................................................................................. 70.41

Bearing and Tool GmbH .......................................................................................... 70.41

Bearing Discount International GmbH ..................................................................... (1)

5958 Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Notices 

GERMANY—Continued

Company Margin 

Bearing Dynamics .................................................................................................... 70.41

Bearing Net .............................................................................................................. (1)

Bearing Sales Corp. ................................................................................................ 70.41

Budapesti Sved Csapagy Ltd. ................................................................................. 70.41

Cantoni and C.S.N.C. .............................................................................................. 70.41

CCVI Bearing Co. .................................................................................................... 70.41

DCD Corp. ............................................................................................................... 70.41

Delta Export GmbH ................................................................................................. 70.41

EuroLatin Ex. Services ............................................................................................ 70.41

Ever-On Corporation (formerly Taisho Kiko Co.) .................................................... (1)

Fair Friend Ent. Co. Ltd. .......................................................................................... 70.41

Friedrich Picard GmbH ............................................................................................ 70.41

Frohlich and Dorken GmbH ..................................................................................... 70.41

Han Sol Tech. Corp/Yoo Shin Co. .......................................................................... 70.41

Hayley Import/Export ............................................................................................... 70.41

Heinz Knust ............................................................................................................. 70.41

Hergenhan GmbH .................................................................................................... 70.41

Hoens Industrieel BV ............................................................................................... 70.41

IBD Ltd. .................................................................................................................... 70.41

INA/FAG ................................................................................................................... 3.00

International Bearing Pte.Ltd. .................................................................................. 70.41

Italcuscinetti Group .................................................................................................. 70.41

Kian Ho Bearings, Ltd. ............................................................................................ 70.41

KIS Antriebs Technik GmbH ................................................................................... 70.41

KSM, Minamiguchi/Bearing Manufacturing Co. ....................................................... 70.41

LTM Industrietechnik ............................................................................................... 70.41

M. Buchhalter Maschenmode/Hergenhan ............................................................... 70.41

Micaknowledge ........................................................................................................ 70.41

Minetti SpA .............................................................................................................. 70.41

Ming Hing Trading Co. ............................................................................................ 70.41

Motion Bearing Pte. Ltd. .......................................................................................... 70.41

Paul Mueller ............................................................................................................. 0.35

Ringball .................................................................................................................... 6.54

Rodamietos Rovi ..................................................................................................... 70.41

Roeirasa ................................................................................................................... 70.41

Rolling Bearing Co. Pty Ltd. .................................................................................... (1)

Rovi-Marcay ............................................................................................................. 70.41

Rovi-Valencia ........................................................................................................... 70.41

SKF .......................................................................................................................... 2.49

Sprint Engineering ................................................................................................... (1)

Taninaka Ltd. ........................................................................................................... 70.41

Timken ..................................................................................................................... (1)

Top G Trading Pte Ltd.70.41.

Weber Kugellager Int. .............................................................................................. 4.01

Withus Technology Corporation .............................................................................. 70.41

Wyko Export ............................................................................................................ 70.41

ITALY 

Company Margin 

Ace Bearing and Transmission Service .................................................................. 68.29

Acorn Industrial Service Limited .............................................................................. (1)

Aktif Endustrie Malzemeleri ..................................................................................... 68.29

Alphateam SPRL ..................................................................................................... 68.29

Australian Bearing Pty Ltd. ...................................................................................... 68.29

Baltic Bearing Supply .............................................................................................. 68.29

Bearing and Tool GmbH .......................................................................................... 68.29

Bearing Discount International GmbH ..................................................................... (1)

Bearing Dynamics .................................................................................................... 68.29

Bearing Net .............................................................................................................. (1)

Bearing Sales Corp. ................................................................................................ 68.29

Budapesti Sved Csapagy Ltd. ................................................................................. 68.29

Cantoni and C.S.N.C. .............................................................................................. 68.29

CCVI Bearing Co. .................................................................................................... 68.29

DCD Corp. ............................................................................................................... 68.29

Delta Export GmbH ................................................................................................. 68.29

EuroLatin Ex. Services ............................................................................................ 68.29

Ever-On Corporation (formerly Taisho Kiko Co.) .................................................... (1)

FAG .......................................................................................................................... 3.50

Fair Friend Ent. Co. Ltd. .......................................................................................... 68.29

Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Notices 5959

ITALY—Continued

Company Margin 

Friedrich Picard GmbH ............................................................................................ 68.29

Frohlich and Dorken GmbH ..................................................................................... 68.29

Han Sol Tech. Corp/Yoo Shin Co. .......................................................................... 68.29

Hayley Import/Export ............................................................................................... 68.29

Heinz Knust ............................................................................................................. 68.29

Hergenhan GmbH .................................................................................................... 68.29

Hoens Industrieel BV ............................................................................................... 68.29

IBD Ltd. .................................................................................................................... 68.29

International Bearing Pte.Ltd. .................................................................................. 68.29

Italcuscinetti Group .................................................................................................. 68.29

Kian Ho Bearings, Ltd. ............................................................................................ 68.29

KIS Antriebs Technik GmbH ................................................................................... 68.29

KSM, Minamiguchi/Bearing Manufacturing Co. ....................................................... 68.29

LTM Industrietechnik ............................................................................................... 68.29

M. Buchhalter Maschenmode/Hergenhan ............................................................... 68.29

Micaknowledge ........................................................................................................ 68.29

Minetti SpA .............................................................................................................. 68.29

Ming Hing Trading Co. ............................................................................................ 68.29

Motion Bearing Ptre. Ltd. ......................................................................................... 68.29

Ringball .................................................................................................................... 3.45

Rodamietos Rovi ..................................................................................................... 68.29

Roeirasa ................................................................................................................... 68.29

Rolling Bearing Co. Pty Ltd. .................................................................................... (1)

Rovi-Marcay ............................................................................................................. 68.29

Rovi-Valencia ........................................................................................................... 68.29

SKF .......................................................................................................................... 1.40

Sprint Engineering ................................................................................................... (1)

Taninaka Ltd. ........................................................................................................... 68.29

Top G Trading Pte Ltd. ............................................................................................ 68.29

Weber Kugellager Int. .............................................................................................. 2.78

Withus Technology Corporation .............................................................................. 68.29

Wyko Export ............................................................................................................ 68.29

JAPAN 

Company Margin 

Asahi Seiko Co. Ltd. ................................................................................................ 0.23

Koyo Seiko Co., Ltd. ................................................................................................ 5.49

Nankai Seiko ............................................................................................................ 0.46

NPBS ....................................................................................................................... 10.32

NSK .......................................................................................................................... 2.46

NTN .......................................................................................................................... 2.74

Osaka Pump ............................................................................................................ 1.78

Sapporo ................................................................................................................... 9.05

Takeshita Seiko ....................................................................................................... 2.90

SINGAPORE 

Company Margin 

NMB/Pelmec ............................................................................................................ 1.44

UNITED KINGDOM 

Company Margin 

Aeroengine Bearings ............................................................................................... 61.14

Barden/FAG ............................................................................................................. 6.06

SKF .......................................................................................................................... (1)

1 No shipments or sales subject to this review. Pursuant to 19 CFR 351.213(d)(2), we intend to rescind these reviews at the time of our final 

results if we continue to find no evidence of sales during the period of review.

Comments

Any interested party may request a 

hearing within 30 days of the date of 

publication of this notice. A generalissues hearing, if requested, and any 

hearings regarding issues related solely 

to specific countries, if requested, will 

be held at the main Commerce 

5960 Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Notices 

Department building at a time and 

location to be determined.

Issues raised in hearings will be 

limited to those raised in the respective 

case and rebuttal briefs. Parties who 

submit case or rebuttal briefs in these 

proceedings are requested to submit 

with each argument (1) a statement of 

the issue, and (2) a brief summary of the 

argument with an electronic version 

included. The Department will notify all 

parties in each country-specific review 

as to the applicable briefing schedule.

The Department will publish the final 

results of these administrative reviews, 

including the results of its analysis of 

issues raised in any such written briefs. 

The Department will issue final results 

of these reviews within 120 days of 

publication of these preliminary results.

Assessment Rates

The Department shall determine, and 

CBP shall assess, antidumping duties on 

all appropriate entries. In accordance 

with 19 CFR 351.212(b)(1), we have 

calculated, whenever possible, an 

exporter/importer (or customer)-specific 

assessment rate or value for 

merchandise subject to these reviews.

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003 (68 FR 23954). This 

clarification will apply to entries of 

subject merchandise during the period 

of review produced by companies 

included in these preliminary results of 

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 all-others rate if there is no 

rate for the intermediate company(ies) 

involved in the transaction. For a full 

discussion of this clarification, see 

Notice of Policy Concerning Assessment 

of Antidumping Duties, 68 FR 23954 

(May 6, 2003).

Export-Price Sales

With respect to export-price sales, for 

these preliminary results we divided the 

total dumping margins (calculated as 

the difference between normal value 

and export price) for each exporter’s 

importer/customer by the total number 

of units the exporter sold to that 

importer/customer. We will direct CBP 

to assess the resulting per-unit dollar 

amount against each unit of 

merchandise in each of that importer’s/

customer’s entries under the relevant 

order during the review period.

Constructed Export Price Sales

For CEP sales (sampled and nonsampled), we divided the total dumping 

margins for the reviewed sales by the 

total entered value of those reviewed 

sales for each importer. We will direct 

the CBP to assess the resulting 

percentage margin against the entered 

customs values for the subject 

merchandise on each of that importer’s 

entries under the relevant order during 

the review period. See 19 CFR 

351.212(b).

Cash-Deposit Requirements

To calculate the cash-deposit rate for 

each respondent (i.e., each exporter 

and/or manufacturer included in these 

reviews), we divided the total dumping 

margins for each company by the total 

net value for that company’s sales of 

merchandise during the review period. 

In order to derive a single weightedaverage margin for each respondent, we 

weight-averaged the export-price and 

CEP deposit rates (using the export price 

and CEP, respectively, as the weighting 

factors). To accomplish this when we 

sampled CEP sales, we first calculated 

the total dumping margins for all CEP 

sales during the review period by 

multiplying the sample CEP margins by 

the ratio of total days in the review 

period to days in the sample weeks. We 

then calculated a total net value for all 

CEP sales during the review period by 

multiplying the sample CEP total net 

value by the same ratio. Finally, we 

divided the combined total dumping 

margins for both export-price and CEP 

sales by the combined total value for 

both export-price and CEP sales to 

obtain the deposit rate.

Entries of parts incorporated into 

finished bearings before sales to an 

unaffiliated customer in the United 

States will receive the respondent’s 

deposit rate applicable to the order.

Furthermore, the following deposit 

requirements will be effective upon 

publication of the notice of final results 

of administrative reviews for all 

shipments of antifriction bearings and 

parts thereof entered, or withdrawn 

from warehouse, for consumption on or 

after the date of publication, as provided 

by section 751(a)(1) of the Act: (1) the 

cash-deposit rates for the reviewed 

companies will be the rates established 

in the final results of reviews; (2) for 

previously reviewed or investigated 

companies not listed above, the cashdeposit rate will continue to be the 

company-specific rate published for the 

most recent period; (3) if the exporter is 

not a firm covered in this review, a prior 

review, or the less-than-fair-value 

investigation, but the manufacturer is, 

the cash-deposit rate will be the rate 

established for the most recent period 

for the manufacturer of the 

merchandise; and (4) the cash-deposit 

rate for all other manufacturers or 

exporters will continue to be the ‘‘All 

Others’’ rate for the relevant order made 

effective by the final results of review 

published on July 26, 1993. See 

Antifriction Bearings (Other Than 

Tapered Roller Bearings) and Parts 

Thereof From France, et al; Final 

Results of Antidumping Duty 

Administrative Reviews and Revocation 

in Part of an Antidumping Duty Order, 

58 FR 39729, 39730 (July 26, 1993). For 

ball bearings from Italy, see Antifriction 

Bearings (Other Than Tapered Roller 

Bearings) and Parts Thereof From 

France, et al; Final Results of 

Antidumping Duty Administrative 

Reviews, Partial Termination of 

Administrative Reviews, and Revocation 

in Part of Antidumping Duty Orders, 61 

FR 66472, 66521 (December 17, 1996). 

These rates are the ‘‘All Others’’ rates 

from the relevant less-than-fair-value 

investigations.

These deposit requirements, when 

imposed, shall remain in effect until 

publication of the final results of the 

next administrative reviews.

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f) 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.

We are issuing and publishing these 

determinations in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Act.

Dated: February 2, 2004.

James J. Jochum,

Assistant Secretary for Import 

Administration.

[FR Doc. 04–2722 Filed 2–6–04; 8:45 am]

BILLING CODE 3510–DS–S

DEPARTMENT OF COMMERCE

International Trade Administration 

[A–583–831] 

Stainless Steel Sheet and Strip in Coils 

From Taiwan; Final Results and Partial 

Rescission of Antidumping Duty 

Administrative Review

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce.

ACTION: Notice of final results and 

partial rescission of antidumping duty