[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Notices]
[Pages 9694-9695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03770]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-412-801]


Ball Bearings and Parts Thereof From the United Kingdom: Amended 
Final Results of Antidumping Duty Administrative Review; 2010-2011

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is amending its 
final results in the administrative review of the antidumping duty 
order on ball bearings and parts thereof from the United Kingdom for 
the period May 1, 2010, through April 30, 2011, to correct a 
ministerial error.

DATES: Effective Date: February 24, 2015.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0410.

SUPPLEMENTARY INFORMATION: 

Background

    On January 27, 2015, the Department published its final results in 
the administrative review of the antidumping duty order on ball 
bearings and parts thereof from the United Kingdom \1\ On January 27, 
2015, NSK Europe Ltd. and NSK Bearings Europe Ltd. (collectively, NSK), 
submitted a ministerial error allegation.\2\ On February 2, 2015, The 
Timken Company submitted comments.\3\ Based on the analysis of this 
allegation, we made a change to the calculation of the weighted-average 
dumping margin for NSK and for certain of the non-individually examined 
respondents.
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    \1\ See Ball Bearings and Parts Thereof From Japan and the 
United Kingdom: Final Results of Antidumping Duty Administrative 
Reviews; 2010-2011, 80 FR 4248 (January 27, 2015) (Final Results).
    \2\ See letter from NSK, ``Ball Bearings and Parts from the 
United Kingdom: Ministerial Error Allegation'' (January 27, 2015).
    \3\ See Letter From Timken, ``Ball Bearings and Parts Thereof 
From the United Kingdom; The Timken Company's Reply to NSK's 
Ministerial Error Allegation'' (February 2, 2015).
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Scope of the Order

    The products covered by the order are ball bearings and parts 
thereof. These products include all antifriction bearings that employ 
balls as the rolling element. Imports of these products are classified 
under the following categories: Antifriction balls, ball bearings with 
integral shafts, ball bearings (including radial ball bearings) and 
parts thereof, and housed or mounted ball bearing units and parts 
thereof.
    Imports of these products are classified under the following 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 
3926.90.45, 4016.93.10, 4016.93.50, 6909.19.50.10, 8414.90.41.75, 
8431.20.00, 8431.39.00.10, 8482.10.10, 8482.10.50, 8482.80.00, 
8482.91.00, 8482.99.05, 8482.99.35, 8482.99.25.80, 8482.99.65.95, 
8483.20.40, 8483.20.80, 8483.30.40, 8483.30.80, 8483.50.90, 8483.90.20, 
8483.90.30, 8483.90.70, 8708.50.50, 8708.60.50, 8708.60.80, 8708.93.30, 
8708.93.60.00, 8708.99.06, 8708.99.31.00, 8708.99.40.00, 8708.99.49.60, 
8708.99.58, 8708.99.80.15, 8708.99.80.80, 8803.10.00, 8803.20.00, 
8803.30.00, 8803.90.30, 8803.90.90, 8708.30.50.90, 8708.40.75.70, 
8708.40.75.80, 8708.50.79.00, 8708.50.89.00, 8708.50.91.50, 
8708.50.99.00, 8708.70.60.60, 8708.80.65.90, 8708.93.75.00, 8708.94.75, 
8708.95.20.00, 8708.99.55.00, 8708.99.68, and 8708.99.81.80.
    Although the HTSUS item numbers above are provided for convenience 
and customs purposes, the written description of the scope of the order 
remains dispositive.
    The size or precision grade of a bearing does not influence whether 
the bearing is covered by the order. The 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 the order. For unfinished parts, such parts are included if they 
have been heat-treated or if heat treatment is not required to be 
performed on the part. Thus, the only unfinished parts that are not 
covered by the 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 
scope of the order.

Ministerial Error

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), and 
19 CFR 351.224(f) define a ``ministerial error'' as an error ``in 
addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.''
    On January 27, 2015, NSK submitted a ministerial error allegation. 
After analyzing NSK's allegation, we agree with NSK that we made a 
ministerial error within the meaning of 19 CFR 351.224(f) by using an 
incorrect database for NSK's costs, instead of a

[[Page 9695]]

revised database for NSK's costs submitted later in the review. Timken 
argues that the Department should reject NSK's allegation on the 
grounds that NSK could have raised the allegation in its case brief and 
it is, therefore, now untimely. Nevertheless, we find that we made an 
inadvertent error in not using the revised database for NSK's costs 
and, therefore, are correcting and amending the final results of review 
in accordance with section 751(h) of the Act and 19 CFR 351.224(e). As 
a result, the weighted-average dumping margin for NSK changes from 1.55 
percent to 1.43 percent. Furthermore, the rate for the respondents not 
selected for individual examination (except for Bayerische Motoren 
Werke AG) will be the new rate calculated for NSK, the sole respondent 
selected for individual examination. The weighted-average dumping 
margin for Bayerische Motoren Werke AG will remain unchanged from the 
Final Results because it was based on adverse facts available.

Amended Final Results of the Review

    The Department determines that the following amended weighted-
average dumping margins exist for the period May 1, 2010, through April 
30, 2011:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                           Company                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Bayerische Motoren Werke AG.................................      254.25
Bosch Rexroth Limited.......................................        1.43
Caterpillar S.A.R.L.........................................        1.43
Caterpillar Group Services S.A..............................        1.43
Caterpillar of Australia Pty Ltd............................        1.43
Caterpillar Overseas S.A.R.L................................        1.43
Caterpillar Marine Power UK.................................        1.43
NSK.........................................................        1.43
Perkins Engines Company Ltd.................................        1.43
------------------------------------------------------------------------

Disclosure

    We will disclose the calculation memorandum used in our analysis to 
parties to this proceeding within five days of the date of the 
publication of this notice pursuant to 19 CFR 351.224(b).

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. In accordance with 19 CFR 351.212(b)(1), for NSK we calculated 
an importer-specific assessment rate by dividing the total amount of 
dumping for the reviewed sales by the total entered value of those 
reviewed sales for each importer.
    Consistent with the Department's refinement to its assessment 
practice, for entries of subject merchandise during the POR produced by 
NSK for which it did not know that the merchandise was destined for the 
United States, we will instruct CBP to liquidate un-examined entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\4\
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    \4\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003).
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    For the companies which were not selected for individual 
examination, we will instruct CBP to assess antidumping duties at a 
rate equal to the weighted-average dumping margin listed above for all 
entries of subject merchandise produced and/or exported by such firms.
    We intend to issue liquidation instructions to CBP 15 days after 
publication of the amended final results of this administrative review.

Cash Deposit Requirements

    Because we revoked the antidumping duty order on ball bearings and 
parts thereof from the United Kingdom effective September 15, 2011, no 
cash deposits for estimated antidumping duties on future entries of 
subject merchandise will be required.\5\
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    \5\ See Ball Bearings and Parts Thereof From Japan and the 
United Kingdom: Final Results of Sunset Reviews and Revocation of 
Antidumping Duty Orders, 79 FR 16771 (March 26, 2014).
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or the destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these amended final results in 
accordance with section 751(h) of the Act and 19 CFR 351.224(f).

    Dated: February 18, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-03770 Filed 2-23-15; 8:45 am]
BILLING CODE 3510-DS-P