[Federal Register: October 23, 2002 (Volume 67, Number 205)]
[Page 65142-65143]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



[Investigation No. 731-TA-989 (Final)]

Ball Bearings From China

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of an antidumping investigation.


SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-989 (Final) under 
section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act) 
to determine whether an industry in the United States is materially 
injured or threatened with material injury, or the establishment of an 
industry in the United States is materially retarded, by reason of 
less-than-fair-value imports from China of certain ball bearings and 
parts thereof, provided for in subheadings 3926.90.45, 4016.93.00, 
4016.93.10, 4016.93.50, 6909.19.50, 8431.20.00, 8431.39.00, 8482.10.10, 
8482.10.50, 8482.80.00, 8482.91.00, 8482.99.05, 8482.99.25, 8482.99.35, 
8482.99.65, 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, 
8708.70.60, 8708.93.30, 8708.93.60, 8708.93.75, 8708.99.06, 8708.99.31, 
8708.99.40, 8708.99.49, 8708.99.58, 8708.99.80, 8803.10.00, 8803.20.00, 
8803.30.00, 8803.90.30, and 8803.90.90 of the Harmonized Tariff 
Schedule of the United States.\1\

    \1\ For purposes of this investigation, the Department of 
Commerce has defined the subject merchandise as ``antifriction 
bearings, regardless of size, precision grade or use, that employ 
balls as the rolling element (whether ground or unground) and parts 
thereof (inner ring, outer ring, cage, balls, seals, shields, etc.) 
that are produced in China. Imports of these products are classified 
under the following categories: antifriction balls, ball bearings 
with integral shafts and parts thereof, ball bearings (including 
thrust, angular contact, and radial ball bearings) and parts 
thereof, and housed or mounted ball bearing units and parts thereof. 
The scope includes ball bearing type pillow blocks and parts 
thereof; and wheel hub units incorporating balls as the rolling 
element. With regard to finished parts, all such parts are included 
in the scope of the petition. With regard to 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 the petition are those 
that will be subject to heat treatment after importation.''

    For further information concerning the conduct of this phase of the 
investigation, hearing procedures, 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 and C 
(19 CFR part 207).

EFFECTIVE DATE: October 8, 2002.

FOR FURTHER INFORMATION CONTACT: Fred Ruggles (202-205-3187), 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). The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS-ON-LINE) at http://

    Background.--The final phase of this investigation is being 
scheduled as a result of an affirmative preliminary determination by 
the Department of Commerce that imports of certain ball bearings and 
parts thereof from China are being sold in the United States at less 
than fair value within the meaning of section 733 of the Act (19 U.S.C. 
1673b). The investigation was requested in a petition filed on February 
13, 2002, by the American Bearing Manufacturers Association, 
Washington, DC.
    Participation in the investigation 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 final phase of this 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in 201.11 of the Commission's 
rules, no later than 21 days prior to the hearing date specified in 
this notice. A party that filed a notice of appearance during the 
preliminary phase of the investigation need not file an additional 
notice of appearance during this final phase. The Secretary will 
maintain a public service list containing the names and addresses of 
all persons, or their representatives, who are parties to the 
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of this investigation 
available to authorized applicants under the APO issued in the 
investigation, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigation. A party granted access 
to BPI in the preliminary phase of the investigation need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
this investigation will be placed in the nonpublic record on February 
19, 2003, and a public version will be issued thereafter, pursuant to 
Sec.  207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of this investigation beginning at 9:30 a.m. on March 4, 
2003, at the U.S. International Trade Commission Building. Requests to 
appear at the hearing should be filed in writing with the Secretary to 
the Commission on or before February 24, 2003. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 

[[Page 65143]]

should attend a prehearing conference to be held at 9:30 a.m. on 
February 27, 2003, at the U.S. International Trade Commission Building. 
Oral testimony and written materials to be submitted at the public 
hearing are governed by Sec. Sec.  201.6(b)(2), 201.13(f), and 207.24 
of the Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 days prior 
to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is February 26, 2003. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in Sec.  207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of Sec.  207.25 of the 
Commission's rules. The deadline for filing posthearing briefs is March 
11, 2003; witness testimony must be filed no later than three days 
before the hearing. In addition, any person who has not entered an 
appearance as a party to the investigation may submit a written 
statement of information pertinent to the subject of the investigation 
on or before March 11, 2003. On March 26, 2003, the Commission will 
make available to parties all information on which they have not had an 
opportunity to comment. Parties may submit final comments on this 
information on or before March 28, 2003, but such final comments must 
not contain new factual information and must otherwise comply with 
Sec.  207.30 of the Commission's rules. All written submissions must 
conform with the provisions of Sec.  201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of Sec. Sec.  201.6, 207.3, 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.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the investigation 
must be served on all other parties to the investigation (as identified 
by either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: This investigation is being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: October 17, 2002.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 02-26879 Filed 10-22-02; 8:45 am]