U.S. issues final antidumping duty rates for ball bearings from China

U.S. Issues Final Antidumping Duty Rates for Ball Bearings From China The Import Administration, U.S. Department of Commerce, has issued the final determination and assessed antidumping duty rates for ball bearings from China. The initial complaint was filed by the American Bearing Manufacturers Association in February 2002, alleging that ball bearings were being sold into the United States from China at less than fair value, or "dumped." After a preliminary investigation, Commerce agreed; preliminary antidumping duties were assigned in October 2002 and amended in mid-November 2002. It is virtually impossible to overstate the scope and difficulty of this particular investigation. Over the past year, eBearing has regularly spoken to dozens of people involved in the process, from ITC investigators to attorneys and researchers for both sides, to a wide variety of people directly involved from within the bearing industry. While everyone disagreed as to what the final result should be, one thing was constant. As one researcher said, "This is incredible; it's the mother of all investigations." One attorney told eBearing, "This is like fighting Hydra in quicksand. You deal with one issue, two more pop up. In the meantime, all that activity just pulls you in deeper. Oh, and you're working against the clock." Another law firm, not entirely joking, told eBearing, "Einstein himself wouldn't get to the bottom of those Factors of Production calculations." While the preliminary determination affects the bond or duty margin to be paid on the bearings at the time of importation, it is not a final ruling and the investigation is not complete. After the preliminary determination, both sides are given the information Commerce used to make its ruling, and the real work begins. Both sides have numerous, time-structured, opportunities to respond to the findings, submit further information, rebut the other side's position, offer their own evidence and challenge the procedures, methodology and calculations. During that time, the Import Administration continues to conduct in-depth investigations, in this case including on-site reviews of Chinese bearing manufacturers. On February 17, 2003, Commerce issued its final determination in the complaint. In its final decision, Commerce found that ball bearings are being sold into the United States at less than fair value: Pursuant to section 735 of the Tariff Act of 1930, as amended (the Act), we determine that ball bearings from the People's Republic of China (PRC) are being sold, or are likely to be sold, in the United States at less than fair value (LTFV). The estimated margins of sales at LTFV are shown in the "Final Determination of Investigation." On February 27, Commerce issued the final determination and its dumping duty schedules by producer. The final determination also represents the end of the sweeping formal investigation which took in the entire PRC ball bearing industry. Now the ITA has formally notified the ITC of its determination. Because the ITA found dumping, the ITC has 45 days to determine whether the import of Chinese ball bearings and parts are "materially injuring, or threaten material injury to, the U.S. industry." If the ITC finds no injury or threat of injury, the case comes to an end, all of the deposits paid since October 2002 are refunded, and everyone goes home. If, as is most likely, the ITC does find injury or threat of injury, then it will issue an order to U.S. Customs which makes these preliminary rates permanent. When that happens, the process is still not ended. Later, the producers affected by the duties can come back to the ITC and request reviews and rate changes on a case-by-case basis. If the tapered roller bearing cases are any indication, these reviews and adjustments could be expected to go on for many years. -------------------------------------------------------------------------------- Final Dumping Duty Rates Assigned Ball Bearings and Parts from China final revision issued February 27, 2003 revised November 14, 2002 issued October 1, 2002 subject to further review and revision 8.33% final margin 2.39% revised margin 2.39% preliminary margin -------------------------------------------------------------------------------- Xinchang Peer Bearing Company Ltd. 7.8% final margin 2.41% revised margin 22.99% preliminary margin (weighted average rate) -------------------------------------------------------------------------------- B&R Bearing Company Changshan Import & Export Company, Ltd. Changzhou Daya Import and Export Corporation Limited China Huanchi Bearing Group Corporation Ningbo Huanchi Import & Export Company, Ltd. China National Automobile Industry Guizhou Import & Export Corporation China National Machinery & Equipment Import & Export Wuxi Company, Ltd. Chongqing Changjiang Bearing Industrial Corporation CSC Bearing Company, Ltd. Dongguan TR Bearing Corporation, Ltd. Fujian Nanan Fushan Hardware Machinery Electric Company, Ltd. Guangdong Agricultural Machinery Import & Export Company Harbin Bearing Group Heilongjiang Machinery and Equipment Import and Export Corporation Jiangsu CTD Imports & Exports Company, Ltd. Jiangsu General Ball & Roller Company, Ltd. Jiangsu Hongye Intl. Group Industrial Development Company, Ltd. Jinrun Group Ltd. Haining Ningbo Cixi Import Export Co. Ningbo Economic and Technological Development Zone Tiansheng Bearing Co. Ltd. TSB Group USA, Inc. TSB Bearing Group America Company (TSB Group) Ningbo General Bearing Company, Ltd. Ningbo Jinpeng Bearing Company, Ltd. Ningbo Mikasa Bearing Company, Ltd. Ningbo Cizhuang Bearing Company Tahsleh Development Zone Ningbo MOS Group Corporation, Ltd. Norin Optech Company, Ltd. Premier Bearing & Equipment, Ltd. Sapporo Precision Inc. / Shanghai Precision Bearing Company, Ltd. Shaanxi Machinery & Equipment Import & Export Corporation Shandong Machinery Import & Export Group Corporation Shanghai Bearing (Group) Company Limited Shanghai Foreign Service and Economic Cooperation Company, Ltd. Shanghai General Pudong Bearing Company, Ltd. Shanghai Hydraulics & Pneumatics Corporation Shanghai Nanshi Foreign Economic Cooperation & Trading Company, Ltd. Shanghai SNZ Bearings Company, Ltd. Shanghai Zhong Ding Import / Export Trading Company, Ltd. Shanghai Li Chen Bearings Shaoguan Southeast Bearing Company, Ltd. Sin Nan Hwa Bearings (Shanghai) Company, Ltd. Sin Nan Hwa Company, Ltd. (SNH) TC Bearing Manufacturing Company, Ltd. Wafangdian Bearing Company, Ltd. Wholelucks Industrial Limited Wuxi New-way Machinery Company, Ltd. Zhejiang Rolling Bearing Company, Ltd. Zhejiang Shenlong Bearing Company, Ltd. Zhejiang Wanbang Industrial Company, Ltd. Zhejiang Xinchang Xinzhou Industrial Company, Ltd. Zhejiang Xinchun Bearing Company, Ltd. Zhejiang ZITIC Import & Export Company, Ltd. 0.59% final margin (de minimis, treated as zero) 2.32% revised margin 32.69% preliminary margin -------------------------------------------------------------------------------- Ningbo Cixing Group Corporation 7.22% final margin 2.50% revised margin 39.93% preliminary margin -------------------------------------------------------------------------------- Wanxiang Group Corporation 59.30% final margin 59.30% preliminary margins -------------------------------------------------------------------------------- All other companies not specifically listed