Import investigations: Bearings from China, et al.,
[Federal Register: April 1, 1999 (Volume 64, Number 62)]
[Notices]
[Page 15783-15786]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap99-122]
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INTERNATIONAL TRADE COMMISSION
[(Invs. Nos. AA1921-143 (Review) and 731-TA-341, 343-345, 391-397, and 399 (Review))]
Certain Bearings From China, France, Germany, Hungary, Italy, Japan, Rroania, Singapore, Sweden, and the United Kingdom
AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the antidumping duty orders on certain bearings from China, France, Germany, Hungary, Italy, Japan, Romania, Singapore, Sweden, and the United Kingdom.
SUMMARY: The Commission hereby gives notice that it has instituted reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty orders on certain bearings from China, France, Germany, Hungary, Italy, Japan, Romania, Singapore, Sweden, and the United Kingdom would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; ‹SUP›1‹/SUP› to be assured of consideration, the deadline for responses is May 21, 1999. Comments on the adequacy of responses may be filedwith the Commission by June 14, 1999.
\1\ No response to this request for information is required if a currently valid Office of Management and Budget (OMB) number is not displayed; the OMB number is 3117-0016/USITC No. 99-5-002, expiration date June 30, 1999. Public reporting burden for the request is estimated to average 7 hours per response. Please send comments regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street, SW, Washington, DC 20436.
For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). Recent amendments to the Rules of Practice and Procedure pertinent to five- year reviews, including the text of subpart F of part 207, are published at 63 FR 30599, June 5, 1998, and may be downloaded from the Commission's World Wide Web site at http://www.usitc.gov/rules.htm.
EFFECTIVE DATE: April 1, 1999.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193) or Vera Libeau (202-205-3176), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (http://www.usitc.gov).
SUPPLEMENTARY INFORMATION:
Background
On the dates listed below, antidumping duty orders were issued on the subject imports:
Order date
Product/country
Inv. No.
F.R. cite
8/18/76................... Tapered roller bearings, 4'' AA1921-143
41 F.R. 34974 and under/Japan. 6/15/87................... Tapered roller bearings/China. 731-TA-344
52 F.R. 22667 6/19/87................... Tapered roller bearings/
731-TA-341
52 F.R. 23319 Hungary. 6/19/87................... Tapered roller bearings/
731-TA-345
52 F.R. 23320 Romania. 10/6/87................... Tapered roller bearings, over 731-TA-343
52 F.R. 37352 4''/Japan. 5/15/89................... Ball, cylindrical roller, and 731-TA-391
54 F.R. 20900 spherical plain bearings/ Germany. 5/15/89................... Ball, cylindrical roller, and 731-TA-392
54 F.R. 20902 spherical plain bearings/ France. 5/15/89................... Ball and cylindrical roller 731-TA-393
54 F.R. 20903 bearings/Italy. 5/15/89................... Ball, cylindrical roller, and 731-TA-394
54 F.R. 20904 spherical plain bearings/ Japan. 5/15/89................... Ball bearings/Romania......... 731-TA-395
54 F.R. 20906 5/15/89................... Ball bearings/Singapore....... 731-TA-396
54 F.R. 20907 5/15/89................... Ball and cylindrical roller 731-TA-397
54 F.R. 20907 bearings/Sweden. 5/15/89................... Ball and cylindrical roller 731-TA-399
54 F.R. 20910 bearings/United Kingdom.
The Commission is conducting reviews to determine whether revocation of the orders would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. It will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct full reviews or expedited reviews. The Commission's determinations in any expedited reviews will be based on the facts available, which may include information provided in response to this notice.
Definitions.--The following definitions apply to these reviews:
(1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year reviews, as defined by the Department of Commerce.
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(2) The Subject Countries in these reviews are China, France, Germany, Hungary, Italy, Japan, Romania, Singapore, Sweden, and the United Kingdom.
(3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original determination concerning tapered roller bearings, 4 inches & under from Japan (Inv. No. AA1921-143), the Commission did not specifically define the Domestic Like Product; however, in its original determinations concerning tapered roller bearings, over 4 inches from Japan (Inv. No. 731-TA-343) and tapered roller bearings from Hungary, China, and Romania (Invs. Nos. 341, 344, and 345), the Commission found one Domestic Like Product: tapered roller bearings and parts thereof-- finished or unfinished; flange, take-up cartridge, and hanger units incorporating tapered roller bearings, and tapered roller housings (except pillow blocks) incorporating tapered rollers, with or without spindles, and whether or not for automotive use. In its original determinations concerning antifriction bearings (other than tapered roller bearings) and parts thereof from Germany, France, Italy, Japan, Romania, Singapore, Sweden, and the United Kingdom (Investigations Nos. 731-TA-391-397 and 399), the Commission made affirmative determinations with respect to each of the following three Domestic Like Products: (1) ball bearings, (2) cylindrical roller bearings, and (3) spherical plain bearings. One Commissioner defined the Domestic Like Product differently. For purposes of this notice, you should report information separately on each of the following six Domestic Like Products: (1) tapered roller bearings, (2) tapered roller bearings, 4 inches and under, (3) tapered roller bearings, over 4 inches, (4) ball bearings, (5) cylindrical roller bearings, and (6) spherical plain bearings.
(4) The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original determination concerning tapered roller bearings, 4 inches & under from Japan (Inv. No. AA1921-143), the Commission did not specifically define the Domestic Industry; however, in its original determinations concerning tapered roller bearings, over 4 inches from Japan (Inv. No. 731-TA-343) and tapered roller bearings from Hungary, China, and Romania (Invs. Nos. 341, 344, and 345), the Commission found one Domestic Industry devoted to the production of the Domestic Like Product, as defined above. In its original determinations concerning antifriction bearings (other than tapered roller bearings) and parts thereof from Germany, France, Italy, Japan, Romania, Singapore, Sweden, and the United Kingdom (Investigations Nos. 731-TA-391-397 and 399), the Commission made affirmative determinations with respect to three Domestic Industries, each devoted to the production of one of the three Domestic Like Products, as defined above. One Commissioner defined the Domestic Industry differently. For purposes of this notice, you should report information on six Domestic Industries, each devoted to the production of one of the following six Domestic Like Products: (1) tapered roller bearings, (2) tapered roller bearings, 4 inches and under, (3) tapered roller bearings, over 4 inches, (4) ball bearings, (5) cylindrical roller bearings, and (6) spherical pl ain bearings.
(5) The Order Dates are the dates that the antidumping duty orders under review became effective. In these reviews, the Order Dates are as shown in the preceding tabulation.
(6) An Importer is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the Subject Merchandise into the United States from a foreign manufacturer or through its selling agent.
Participation in the Reviews and Public Service List
Persons, including industrial users of the Subject Merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the reviews as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission's rules, no later than 21 days after publication of this notice in the Federal Register. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the reviews.
Limited Disclosure of Business Proprietary Information (BPI) Under an Administrative Protective Order (APO) and APO Service List
Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI submitted in these reviews available to authorized applicants under the APO issued in the reviews, provided that the application is made no later than 21 days after publication of this notice in the Federal Register. Authorized applicants must represent interested parties, as defined in 19 U.S.C. 1677(9), who are parties to the reviews. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO.
Certification
Pursuant to section 207.3 of the Commission's rules, any person submitting information to the Commission in connection with these reviews must certify that the information is accurate and complete to the best of the submitter's knowledge. In making the certification, the submitter will be deemed to consent, unless otherwise specified, for the Commission, its employees, and contract personnel to use the information provided in any other reviews or investigations of the same or comparable products which the Commission conducts under Title VII of the Act, or in internal audits and investigations relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix 3.
Written Submissions
Pursuant to section 207.61 of the Commission's rules, each interested party response to this notice must provide the information specified below. The deadline for filing such responses is May 21, 1999. Pursuant to section 207.62(b) of the Commission's rules, eligible parties (as specified in Commission rule 207.62(b)(1)) may also file comments concerning the adequacy of responses to the notice of institution and whether the Commission should conduct expedited or full reviews. The deadline for filing such comments is June 14, 1999. All written submissions must conform with the provisions of sections 201.8 and 207.3 of the Commission's rules and any submissions that contain BPI must also conform with the requirements of sections 201.6 and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means. Also, in accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filedby a party to the reviews must be served on all other parties to the reviews (as identified by either the public or APO service list as appropriate), and a certificate of service must accompany the document (if you
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are not a party to the reviews you do not need to serve your response).
Inability To Provide Requested Information
Pursuant to section 207.61(c) of the Commission's rules, any interested party that cannot furnish the information requested by this notice in the requested form and manner shall notify the Commission at the earliest possible time, provide a full explanation of why it cannot provide the requested information, and indicate alternative forms in which it can provide equivalent information. If an interested party does not provide this notification (or the Commission finds the explanation provided in the notification inadequate) and fails to provide a complete response to this notice, the Commission may take an adverse inference against the party pursuant to section 776(b) of the Act in making its determinations in the reviews.
Information To Be Provided in Response to This Notice of Institution
Please provide the requested information separately for each Domestic Like Product, as defined above, and for each of the products identified by Commerce as Subject Merchandise. If you are a domestic producer, union/worker group, or trade/business association; import/ export Subject Merchandise from more than one Subject Country; or produce Subject Merchandise in more than one Subject Country, you may file a single response. If you do so, please ensure that your response to each question includes the information requested for each pertinent Subject Country. As used below, the term ``firm'' includes any related firms.
(1) The name and address of your firm or entity (including World Wide Web address if available) and name, telephone number, fax number, and E-mail address of the certifying official. (2) A statement indicating whether your firm/entity is a U.S. producer of the Domestic Like Product to which your response pertains, a U.S. union or worker group, a U.S. importer of the Subject Merchandise, a foreign producer or exporter of the Subject Merchandise, a U.S. or foreign trade or business association, or another interested party (including an explanation). If you are a union/worker group or trade/ business association, identify the firms in which your workers are employed or which are members of your association. (3) A statement indicating whether your firm/entity is willing to participate in these reviews by providing information requested by the Commission. (4) A statement of the likely effects of the revocation of the antidumping duty orders on each Domestic Industry for which you are filing a response in general and/or your firm/entity specifically. In your response, please discuss the various factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of subject imports, likely price effects of subject imports, and likely impact of imports of Subject Merchandise on the Domestic Industry. (5) A list of all known and currently operating U.S. producers of each Domestic Like Product for which you are filing a response. Identify any known related parties and the nature of the relationship as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)). (6) A list of all known and currently operating U.S. importers of the Subject Merchandise and producers of the Subject Merchandise in the Subject Countries that currently export or have exported Subject Merchandise to the United States or other countries since the years the petitions were filed. The Subject Merchandise, the Subject Countries, and the years the petitions were filedare listed below:
Subject merchandise/ Subject country
Years
Tapered roller bearings, 4'' & under/Japan..................... 1973 Tapered roller bearings/China, Hungary, and Romania............ 1986 Tapered roller bearings, over 4'' Japan........................ 1986 Ball, cylindrical roller, and spherical plain bearings/France.. 1988 Ball, cylindrical roller, and spherical plain bearings/Germany. 1988 Ball and cylindrical roller bearings/Italy..................... 1988 Ball, cylindrical roller, and spherical plain bearings/Japan... 1988 Ball bearings/Romania.......................................... 1988 Ball bearings/Singapore........................................ 1988 Ball and cylindrical roller bearings/Sweden.................... 1988 Ball and cylindrical roller bearings/United Kingdom............ 1988
(7) If you are a U.S. producer of a Domestic Like Product, provide the following information separately on your firm's operations on each product during calendar year 1998 (report quantity data in thousands of units and value data in thousands of U.S. dollars, f.o.b. plant). If you are a union/worker group or trade/business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/which are members of your association.
(a) Production (quantity) and, if known, an estimate of the percentage of total U.S. production of each Domestic Like Product accounted for by your firm's(s') production; and
(b) the quantity and value of U.S. commercial shipments of each Domestic Like Product produced in your U.S. plant(s). (8) If you are a U.S. importer or a trade/business association of U.S. importers of the Subject Merchandise from the Subject Countries, provide the following information on your firm's(s') operations on that product during calendar year 1998 (report quantity data in thousands of units and value data in thousands of U.S. dollars). If you are a trade/ business association, provide the information, on an aggregate basis, for the firms which are members of your association.
(a) The quantity and value (landed, duty-paid but not including antidumping or countervailing duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of Subject Merchandise from the Subject Countries accounted for by your firm's(s') imports; and
(b) the quantity and value (f.o.b. U.S. port, including antidumping and/or countervailing duties) of U.S. commercial shipments of Subject Merchandise imported from the Subject Countries. (9) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in the Subject Countries, provide the following information on your firm's(s') operations on that product during calendar year 1998 (report quantity data in thousands of units and value data in thousands of U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping or countervailing duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
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percentage of total production of Subject Merchandise in the Subject Countries accounted for by your firm's(s') production; and
(b) the quantity and value of your firm's(s') exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from the Subject Countries accounted for by your firm's(s') exports. (10) Identify significant changes, if any, in the supply and demand conditions or business cycle for each Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in the Subject Countries since the Order Dates, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in the Subject Countries, and such merchandise from other countries. (11) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions.
Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission's rules.
Issued: March 25, 1999.
By order of the Commission. Donna R. Koehnke, Secretary.
[FR Doc. 99-8071Filed3-31-99; 8:45 am]
BILLING CODE 7020-02-P
