[Federal Register Volume 64, Number 198 (Thursday, October 14, 1999)]
[Notices]
[Pages 55696-55697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26723]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-804]
Antifriction Bearings (Other Than Tapered Roller Bearings) and
Parts Thereof from Japan; Final Results of Changed-Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of changed-circumstances review.
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SUMMARY: On August 10, 1999, the Department of Commerce published the
notice of initiation and preliminary results of its changed-
circumstances review concerning its examination of whether Tsubaki-
Nakashima Co., Ltd. is the successor-in-interest to Tsubakimoto
Precision Products, Co., Ltd. for purposes of determining antidumping
liability. We have now completed that review and determine that
Tsubaki-Nakashima Co., Ltd. is the successor-in-interest to Tsubakimoto
Precision Products, Co., Ltd. for antidumping duty law purposes and, as
such, receives the antidumping duty cash deposit rate previously
assigned to Tsubakimoto Precision Products, Co., Ltd. of 7.77 percent
ad valorem.
EFFECTIVE DATE: October 14, 1999.
FOR FURTHER INFORMATION CONTACT: J. David Dirstine or Richard
Rimlinger, Office of AD/CVD Enforcement, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, DC 20230; telephone
(202) 482-4733.
SUPPLEMENTARY INFORMATION:
Background
In a letter dated July 16, 1999, Tsubaki-Nakashima Co., Ltd.
(Tsubaki-Nakashima) advised the Department of Commerce (the Department)
that, effective April 1, 1996, Tsubakimoto Precision Products, Co.,
Ltd. (Tsubakimoto) merged with Nakashima Manufacturing Co., Ltd.
(Nakashima). According to the submission, Tsubakimoto was the surviving
company and is currently operating under the name Tsubaki-Nakashima.
Tsubaki-Nakashima stated that the former President of Tsubakimoto is
now the President of Tsubaki-Nakashima, that the former Executive Vice
President of Tsubakimoto is now one of three Executive Vice Presidents
of Tsubaki-Nakashima (two additional Executive Vice Presidents were
added following the merger), that the sole Managing Director of
Tsubaki-Nakashima was one of two Managing Directors of Tsubakimoto,
and, further, that all the current Directors of Tsubaki-Nakashima were
Directors of Tsubakimoto. Tsubaki-Nakashima also stated that its
production facilities are substantially similar to Tsubakimoto.
Specifically, Tsubaki-Nakashima stated that three of its four
production facilities were operated previously by Tsubakimoto. Finally,
Tsubaki-Nakashima stated that its supplier relationships and customer
base are substantially similar to those of Tsubakimoto. Tsubaki-
Nakashima submitted exhibits listing the management, production
faciliites, major suppliers, and customers of both Tsubaki-Nakashima
and Tsubakimoto.
On August 10, 1999, the Department published in the Federal
Register (64 FR 43341) the notice of initiation and preliminary results
of its antidumping duty changed circumstances review of the antidumping
duty order on ball bearings and parts thereof from Japan. We now have
completed this changed-circumstances review in accordance with section
751(b) of the Tariff Act, as amended (the Act).
Scope of the Review
The products covered by this review are ball bearings and parts
thereof. These products include all ball bearings that employ balls as
the rolling element. Imports of these products are classified
[[Page 55697]]
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,
8482.99.2580, 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.
The size or precision grade of a bearing does not influence whether
the bearing is covered by the order. For a further discussion of the
scope of the order being reviewed, including recent scope
determinations, see Antifriction Bearings (Other Than Tapered Roller
Bearings) and Parts Thereof from France, Germany, Italy, Japan,
Romania, Singapore, Sweden and the United Kingdom; Final Results of
Antidumping Duty Administrative Reviews, 63 FR 33320 (June 18, 1998).
Although the HTS item numbers are provided for convenience and customs
purposes, the written description of the scope of this proceeding
remains dispositive.
Successorship
According to its July 16, 1999 submission, Tsubakimoto was the
surviving company of its merger with Nakashima and is currently
operating under the name Tsubaki-Nakashima Co. Since December 17, 1996,
Tsubakimoto has been assigned a 7.77 percent antidumping duty cash
deposit rate (see Antifriction Bearings (Other Than Tapered Roller
Bearings) and Parts Thereof from France, Germany, Italy, Japan,
Romania, Singapore, Sweden and the United Kingdom; Final Results of
Antidumping Duty Administrative Reviews, 61 FR 66472 (December 17,
1996)). Thus Tsubaki-Nakashima requested that the Department make a
determination that Tsubaki-Nakashima should receive the same
antidumping duty treatment as the former Tsubakimoto with respect to
ball bearings.
Upon examining the factors of: (1) Management; (2) production
facilities; (3) supplier relationships; and (4) customer base, the
Department has determined that the resulting operation of Tsubaki-
Nakashima is the same as that of its predecessor, Tsubakimoto, and thus
the Department has determined that Tsubaki-Nakashima is the successor-
in-interest to Tsubakimoto for purposes of determining antidumping duty
liability. For a complete discussion of the basis for this decision,
see Antifriction Bearings (Other Than Tapered Roller Bearings) and
Parts Thereof From Japan; Initiation and Preliminary Results of
Changed-Circumstances Antidumping Duty Administrative Review, 64 FR
43341 (August 10, 1999).
Comments
Although we gave interested parties an opportunity to comment on
the preliminary results, none were submitted.
Final Results of Review
We determine that Tsubaki-Nakashima is successor-in-interest to
Tsubakimoto and, accordingly, Tsubaki-Nakashima will receive the same
antidumping duty treatment as the former Tsubakimoto, i.e., 7.77
percent antidumping duty cash deposit rate. We will instruct the U.S.
Customs Service accordingly.
We are issuing and publishing this determination and notice in
accordance with sections 751(b)(1) and 777(i)(1) of the Act and section
351.216 of the Department's regulations.
Dated: September 29, 1999.
Robert S. LaRussa,
Assistant Secretary For Import Administration.
[FR Doc. 99-26723 Filed 10-13-99; 8:45 am]
BILLING CODE 3510-DS-P