80_FR_9730 80 FR 9694 - Ball Bearings and Parts Thereof From the United Kingdom: Amended Final Results of Antidumping Duty Administrative Review; 2010-2011

80 FR 9694 - Ball Bearings and Parts Thereof From the United Kingdom: Amended Final Results of Antidumping Duty Administrative Review; 2010-2011

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 36 (February 24, 2015)

Page Range9694-9695
FR Document2015-03770

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.

Federal Register, Volume 80 Issue 36 (Tuesday, February 24, 2015) 
[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Notices]
[Pages 9694-9695]
From the Federal Register Online  [www.thefederalregister.org]
[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

9694 Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Notices components to the scope of authority. SUMMARY: The Department of Commerce 8482.10.50, 8482.80.00, 8482.91.00, Pursuant to 15 CFR 400.14(b), (the Department) is amending its final 8482.99.05, 8482.99.35, 8482.99.25.80, additional FTZ authority would be results in the administrative review of 8482.99.65.95, 8483.20.40, 8483.20.80, limited to the specific foreign-status the antidumping duty order on ball 8483.30.40, 8483.30.80, 8483.50.90, materials and components and specific bearings and parts thereof from the 8483.90.20, 8483.90.30, 8483.90.70, finished products described in the United Kingdom for the period May 1, 8708.50.50, 8708.60.50, 8708.60.80, submitted notification (as described 2010, through April 30, 2011, to correct 8708.93.30, 8708.93.60.00, 8708.99.06, below) and subsequently authorized by a ministerial error. 8708.99.31.00, 8708.99.40.00, the FTZ Board. DATES: Effective Date: February 24, 8708.99.49.60, 8708.99.58, Production under FTZ procedures 2015. 8708.99.80.15, 8708.99.80.80, could exempt VGACO from customs 8803.10.00, 8803.20.00, 8803.30.00, FOR FURTHER INFORMATION CONTACT: duty payments on the foreign status 8803.90.30, 8803.90.90, 8708.30.50.90, Thomas Schauer, AD/CVD Operations, materials and components used in 8708.40.75.70, 8708.40.75.80, Office I, Enforcement and Compliance, export production. On its domestic 8708.50.79.00, 8708.50.89.00, International Trade Administration, 8708.50.91.50, 8708.50.99.00, sales, VGACO would be able to choose U.S. Department of Commerce, 14th the duty rate during customs entry 8708.70.60.60, 8708.80.65.90, Street and Constitution Avenue NW., 8708.93.75.00, 8708.94.75, procedures that applies to passenger Washington, DC 20230; telephone: (202) motor vehicles (duty rate 2.5%) for the 8708.95.20.00, 8708.99.55.00, 482–0410. 8708.99.68, and 8708.99.81.80. foreign status materials and components SUPPLEMENTARY INFORMATION: Although the HTSUS item numbers noted below and in the existing scope of authority. Customs duties also could Background above are provided for convenience and possibly be deferred or reduced on customs purposes, the written On January 27, 2015, the Department description of the scope of the order foreign status production equipment. published its final results in the The materials and components remains dispositive. administrative review of the The size or precision grade of a sourced from abroad include: Polyvinyl antidumping duty order on ball bearings chloride (PVC) hoses; PVC sheets; bearing does not influence whether the and parts thereof from the United bearing is covered by the order. The adhesive tapes; reading coils; and, Kingdom 1 On January 27, 2015, NSK interface USB hubs (duty rate ranges order covers all the subject bearings and Europe Ltd. and NSK Bearings Europe parts thereof (inner race, outer race, from free to 5.8%). Ltd. (collectively, NSK), submitted a Public comment is invited from cage, rollers, balls, seals, shields, etc.) ministerial error allegation.2 On outlined above with certain limitations. interested parties. Submissions shall be February 2, 2015, The Timken Company addressed to the FTZ Board’s Executive With regard to finished parts, all such submitted comments.3 Based on the parts are included in the scope of the Secretary at the address below. The analysis of this allegation, we made a order. For unfinished parts, such parts closing period for their receipt is April change to the calculation of the are included if they have been heat- 6, 2015. weighted-average dumping margin for treated or if heat treatment is not A copy of the notification will be NSK and for certain of the non- required to be performed on the part. available for public inspection at the individually examined respondents. Thus, the only unfinished parts that are Office of the Executive Secretary, Scope of the Order not covered by the order are those that Foreign-Trade Zones Board, Room will be subject to heat treatment after 21013, U.S. Department of Commerce, The products covered by the order are importation. The ultimate application of 1401 Constitution Avenue NW., ball bearings and parts thereof. These a bearing also does not influence Washington, DC 20230–0002, and in the products include all antifriction whether the bearing is covered by the ‘‘Reading Room’’ section of the FTZ bearings that employ balls as the rolling order. Bearings designed for highly Board’s Web site, which is accessible element. Imports of these products are specialized applications are not via www.trade.gov/ftz. classified under the following excluded. Any of the subject bearings, For further information, contact Pierre categories: Antifriction balls, ball regardless of whether they may Duy at Pierre.Duy@trade.gov or (202) bearings with integral shafts, ball ultimately be utilized in aircraft, 482–1378. bearings (including radial ball bearings) automobiles, or other equipment, are Dated: February 6, 2015. and parts thereof, and housed or within the scope of the order. Andrew McGilvray, mounted ball bearing units and parts thereof. Ministerial Error Executive Secretary. Imports of these products are Section 751(h) of the Tariff Act of [FR Doc. 2015–03772 Filed 2–23–15; 8:45 am] classified under the following 1930, as amended (the Act), and 19 CFR BILLING CODE 3510–DS–P Harmonized Tariff Schedule of the 351.224(f) define a ‘‘ministerial error’’ as United States (HTSUS) subheadings: an error ‘‘in addition, subtraction, or 3926.90.45, 4016.93.10, 4016.93.50, other arithmetic function, clerical error DEPARTMENT OF COMMERCE 6909.19.50.10, 8414.90.41.75, resulting from inaccurate copying, International Trade Administration 8431.20.00, 8431.39.00.10, 8482.10.10, duplication, or the like, and any other similar type of unintentional error [A–412–801] 1 See Ball Bearings and Parts Thereof From Japan which the Secretary considers and the United Kingdom: Final Results of Ball Bearings and Parts Thereof From Antidumping Duty Administrative Reviews; 2010– ministerial.’’ tkelley on DSK3SPTVN1PROD with NOTICES the United Kingdom: Amended Final 2011, 80 FR 4248 (January 27, 2015) (Final Results). On January 27, 2015, NSK submitted Results of Antidumping Duty 2 See letter from NSK, ‘‘Ball Bearings and Parts a ministerial error allegation. After Administrative Review; 2010–2011 from the United Kingdom: Ministerial Error analyzing NSK’s allegation, we agree Allegation’’ (January 27, 2015). with NSK that we made a ministerial 3 See Letter From Timken, ‘‘Ball Bearings and AGENCY: Enforcement and Compliance, Parts Thereof From the United Kingdom; The error within the meaning of 19 CFR International Trade Administration, Timken Company’s Reply to NSK’s Ministerial 351.224(f) by using an incorrect Department of Commerce. Error Allegation’’ (February 2, 2015). database for NSK’s costs, instead of a VerDate Sep<11>2014 17:31 Feb 23, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM 24FEN1

Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Notices 9695 revised database for NSK’s costs for entries of subject merchandise Notification to Interested Parties submitted later in the review. Timken during the POR produced by NSK for We are issuing and publishing these argues that the Department should reject which it did not know that the amended final results in accordance NSK’s allegation on the grounds that merchandise was destined for the with section 751(h) of the Act and 19 NSK could have raised the allegation in United States, we will instruct CBP to CFR 351.224(f). its case brief and it is, therefore, now liquidate un-examined entries at the all- untimely. Nevertheless, we find that we others rate if there is no rate for the Dated: February 18, 2015. made an inadvertent error in not using intermediate company(ies) involved in Paul Piquado, the revised database for NSK’s costs the transaction.4 Assistant Secretary for Enforcement and and, therefore, are correcting and For the companies which were not Compliance. amending the final results of review in selected for individual examination, we [FR Doc. 2015–03770 Filed 2–23–15; 8:45 am] accordance with section 751(h) of the will instruct CBP to assess antidumping BILLING CODE 3510–DS–P Act and 19 CFR 351.224(e). As a result, duties at a rate equal to the weighted- the weighted-average dumping margin average dumping margin listed above for NSK changes from 1.55 percent to for all entries of subject merchandise DEPARTMENT OF COMMERCE 1.43 percent. Furthermore, the rate for produced and/or exported by such the respondents not selected for International Trade Administration firms. individual examination (except for We intend to issue liquidation Bayerische Motoren Werke AG) will be [A–570–912] instructions to CBP 15 days after the new rate calculated for NSK, the publication of the amended final results Certain New Pneumatic Off-the-Road sole respondent selected for individual of this administrative review. Tires From the People’s Republic of examination. The weighted-average China: Partial Rescission of dumping margin for Bayerische Motoren Cash Deposit Requirements Antidumping Duty Administrative Werke AG will remain unchanged from Because we revoked the antidumping Review; 2013–2014 the Final Results because it was based duty order on ball bearings and parts on adverse facts available. thereof from the United Kingdom AGENCY: Enforcement and Compliance, effective September 15, 2011, no cash International Trade Administration, Amended Final Results of the Review deposits for estimated antidumping Department of Commerce. The Department determines that the SUMMARY: On October 30, 2014, the duties on future entries of subject following amended weighted-average Department of Commerce merchandise will be required.5 dumping margins exist for the period (‘‘Department’’) initiated an May 1, 2010, through April 30, 2011: Notification to Importers administrative review of the This notice serves as a final reminder antidumping duty order on new Weighted- pneumatic off-the-road tires (‘‘OTR average to importers of their responsibility Company dumping under 19 CFR 351.402(f)(2) to file a tires’’) from the People’s Republic of margin certificate regarding the reimbursement China (‘‘PRC’’) for 12 companies.1 Based (percent) of antidumping duties prior to on timely withdrawal of requests for review, we are now rescinding this Bayerische Motoren Werke AG .. 254.25 liquidation of the relevant entries administrative review with respect to Bosch Rexroth Limited ............... 1.43 during this review period. Failure to Double Coin Holdings Ltd., Guizhou Caterpillar S.A.R.L ...................... 1.43 comply with this requirement could Caterpillar Group Services S.A .. 1.43 result in the Department’s presumption Tyre Co., Ltd., and Guizhou Tyre Import Caterpillar of Australia Pty Ltd ... 1.43 that reimbursement of antidumping and Export Co., Ltd. Caterpillar Overseas S.A.R.L ..... 1.43 duties occurred and the subsequent DATES: Effective Date: February 24, Caterpillar Marine Power UK ...... 1.43 assessment of doubled antidumping 2015. NSK ............................................ 1.43 duties. Perkins Engines Company Ltd ... 1.43 FOR FURTHER INFORMATION CONTACT: Administrative Protective Orders Andrew Medley, AD/CVD Operations, Disclosure Office III, Enforcement and Compliance, This notice also serves as a reminder International Trade Administration, We will disclose the calculation to parties subject to administrative U.S. Department of Commerce, 14th memorandum used in our analysis to protective order (APO) of their Street and Constitution Avenue NW., parties to this proceeding within five responsibility concerning the Washington, DC 20230; telephone (202) days of the date of the publication of disposition of proprietary information 482–4987. this notice pursuant to 19 CFR disclosed under APO in accordance 351.224(b). with 19 CFR 351.305(a)(3). Timely Background Assessment Rates written notification of the return or the In September 2014, the Department destruction of APO materials or received multiple timely requests to The Department shall determine, and conversion to judicial protective order is conduct an administrative review of the U.S. Customs and Border Protection hereby requested. Failure to comply antidumping duty order on OTR tires (CBP) shall assess, antidumping duties with the regulations and the terms of an from the PRC. Based upon these on all appropriate entries. In accordance APO is a sanctionable violation. requests, on October 30, 2014, the with 19 CFR 351.212(b)(1), for NSK we Department published a notice of tkelley on DSK3SPTVN1PROD with NOTICES calculated an importer-specific 4 For a full discussion of this clarification, see initiation of an administrative review assessment rate by dividing the total Antidumping and Countervailing Duty Proceedings: covering the period of September 1, amount of dumping for the reviewed Assessment of Antidumping Duties, 68 FR 23954 2013, to August 31, 2014, with respect sales by the total entered value of those (May 6, 2003). 5 See Ball Bearings and Parts Thereof From Japan reviewed sales for each importer. and the United Kingdom: Final Results of Sunset 1 See Initiation of Antidumping and Consistent with the Department’s Reviews and Revocation of Antidumping Duty Countervailing Duty Administrative Reviews, 79 FR refinement to its assessment practice, Orders, 79 FR 16771 (March 26, 2014). 64565 (October 30, 2014) at 64567. VerDate Sep<11>2014 17:31 Feb 23, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM 24FEN1


Document Created: 2015-12-18 13:22:36
Document Modified: 2015-12-18 13:22:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactThomas 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.
FR Citation80 FR 9694 
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