[Federal Register: October 23, 2002 (Volume 67, Number 205)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
INTERNATIONAL TRADE COMMISSION
[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,
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
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]
BILLING CODE 7020-02-P