[Federal Register Volume 65, Number 14 (Friday, January 21, 2000)]
[Notices]
[Pages 3416-3418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1492]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-801]


Antifriction Bearings (Other Than Tapered Roller Bearings) and 
Parts Thereof From Germany; Preliminary Results of Antidumping Duty 
New-Shipper Review

AGENCY:  Import Administration, International Trade Administration, 
Department of Commerce.

ACTION:  Notice of Preliminary Results of Antidumping Duty New-Shipper 
Review.

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SUMMARY:  In response to a request by MPT Prazisionsteile GmbH 
Mittweida, the Department of Commerce is conducting a new-shipper 
review of the antidumping duty order on antifriction bearings (other 
than tapered roller bearings) and parts thereof from Germany. The 
merchandise covered by this order is ball bearings and parts thereof. 
The period of review is May 1, 1998, through April 30, 1999.
    We have preliminarily determined that sales have not been made 
below normal value by MPT Prazisionsteile GmbH Mittweida. If these 
preliminary results are adopted in the final results of this review, we 
will instruct the Customs Service to liquidate appropriate entries 
without regard to dumping duties.
    We invite interested parties to comment on these preliminary 
results. Parties who submit comments in these proceedings are requested 
to submit with each argument (1) a statement of the issue and (2) a 
brief summary of the argument.

EFFECTIVE DATE:  January 21, 2000.

FOR FURTHER INFORMATION CONTACT:  Anne Copper or Robin Gray, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 
20230; telephone: (202) 482-0090 or (202) 482-4023, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act. In addition, unless otherwise 
indicated, all citations to the Department of Commerce regulations are 
to 19 CFR Part 351 (1998).

Background

    On May 25, 1999, MPT Prazisionsteile GmbH Mittweida (MPT) requested 
that the Department of Commerce (the Department) conduct a new-shipper 
review pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(b). In this request, MPT certified that it did not export the 
subject merchandise to the United States during the period (POI) 
covered by the original less-than-fair-value (LTFV) investigation and 
that it is not affiliated with any company which exported subject 
merchandise to the United States during the POI. Pursuant to 19 CFR 
351.214(b)(2)(iv), MPT submitted documentation establishing the date on 
which it first entered subject merchandise for consumption into the 
United States, the volume of that shipment, and the date of the first 
sale to an unaffiliated customer in the United States. Based on the 
above information, the Department initiated a new-shipper review 
covering MPT (see Antifriction Bearings (Other Than Tapered Roller 
Bearings) and Parts Thereof from Germany: Initiation of New Shipper 
Antidumping Duty Review, 64 FR 40549 (July 27, 1999)). The Department 
is now conducting this review in accordance with section 751 of the Act 
and 19 CFR 351.214.
    On July 28, 1999, we issued our questionnaire to MPT. We received a 
response to this questionnaire on September 2, 1999.
    On September 24, 1999, we issued a supplemental questionnaire to 
MPT. We received a response to this questionnaire on October 8, 1999.

[[Page 3417]]

    On November 1 through 3, 1999, the Department conducted 
verification of the data submitted by MPT, in accordance with section 
782(i) of the Act and 19 CFR 351.307(b)(1)(iv).

Scope of Review

    The merchandise covered by this review includes 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 Schedules (HTS) 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, 8482.99.10, 
8482.99.35, 8482.99.6590, 8482.99.70, 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.
    The HTS item numbers are provided for convenience and customs 
purposes. They are not determinative of the products subject to the 
order. The written descriptions remain dispositive.
    Size or precision grade of a bearing does not influence whether the 
bearing is covered by the order. This order covers 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 this order. For unfinished parts, such parts are included if (1) 
they have been heat-treated, or (2) heat treatment is not required to 
be performed on the part. Thus, the only unfinished parts that are not 
covered by this order 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 order. 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 scopes of 
this order.

Period of Review

    The period of review (POR) is May 1, 1998, through April 30, 1999.

United States Price

    In calculating the price to the United States, we used export price 
(EP) as defined in section 772(a) of the Act because the subject 
merchandise was sold to an unaffiliated U.S. purchaser in the United 
States prior to the date of importation into the United States and the 
use of constructed export price was not indicated by the facts of 
record.
    We calculated EP for U.S. sales based on ex-factory prices to the 
United States. We made adjustments for domestic inland freight from the 
plant to port of exit in accordance with section 772(c)(2)(A) of the 
Act. We used the invoice date as the date of sale for the U.S. market 
because this was the point at which the material terms of sale were 
determined.
    No other adjustments to EP were claimed.

Normal Value

    In order to determine whether there is a sufficient volume of sales 
in the home market to serve as a viable basis for calculating NV (i.e., 
the aggregate volume of home market sales of the foreign like product 
is five percent or more of the aggregate volume of U.S. sales), we 
compared the volume of MPT's home market sales of the foreign like 
product to the volume of U.S. sales of subject merchandise, in 
accordance with section 773(a)(1)(C) of the Act. Based on this 
comparison, we determined that MPT had a viable home market during the 
POR. Consequently, we based NV on home market sales.
    For price-to-price comparisons, we based NV on ex-warehouse or 
delivered prices to home market customers. We made adjustments for 
packing and for movement expenses in accordance with section 
773(a)(6)(A) and (B) of the Act. We made circumstances-of-sale 
adjustments by deducting home-market direct selling expenses, which 
included credit expenses and royalties, and by adding U.S. direct 
selling expenses. We also made billing adjustments and deducted early 
payment discounts. No other adjustments to NV were claimed.

Level of Trade

    MPT made EP sales to unaffiliated customers in one customer 
category which was similar to the home market customer category with 
respect to selling functions. Therefore, we considered this category to 
constitute one level of trade and that level of trade to be the same as 
the level of trade found in the home market. Therefore, we have matched 
EP sales to sales in the home market and made no level-of-trade 
adjustment.

Preliminary Results of the Review

    We preliminarily determine that a margin of 0.00 percent exists for 
MPT during the period May 1, 1998, through April 30, 1999.
    The Department will disclose to parties the calculations performed 
in connection with these preliminary results within five days of the 
date of publication of this notice. Interested parties may request a 
hearing within 30 days of publication. Any hearing, if requested, will 
be held three days after the date rebuttal briefs are filed. Interested 
parties may submit case briefs not later than 30 days after the date of 
publication of this notice. Rebuttal briefs, limited to issues raised 
in the case briefs, may be filed not later than 35 days after the date 
of publication of this notice. The Department will issue the final 
results of this new shipper review, including the results of its 
analysis of issues raised in any such written comments, within 90 days 
of the issuance of these preliminary results.
    Upon completion of the new-shipper review, the Department will 
issue appraisement instructions for the reviewed importations directly 
to the Customs Service.
    Further, the following deposit requirements will be effective for 
all shipments of ball bearings from Germany entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this new shipper review, as provided for by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for the reviewed 
company will be the rate established in the final results of this 
review; (2) for previously investigated companies, the cash deposit 
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, or the LTFV 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 68.89 
percent, the all-others rate.
    These deposit requirements, when imposed, shall remain in effect 
until publication of the final results of the next administrative 
review.
    This notice serves as a preliminary 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

[[Page 3418]]

of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing this new-shipper review and notice in 
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: January 13, 2000.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 00-1492 Filed 1-20-00; 8:45 am]
BILLING CODE 3510-DS-P