[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Notices]
[Pages 35401-35402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15128]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-804, A-412-801]
Ball Bearings and Parts Thereof From Japan and the United
Kingdom: Notice of Court Decision Not in Harmony With Continuation of
Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 1, 2005, the Department of Commerce (the Department)
initiated and the International Trade Commission (ITC) instituted the
second sunset reviews of the antidumping duty orders on ball bearings
and parts thereof from Japan and the United Kingdom. On April 20,
[[Page 35402]]
2011, the Court of International Trade (CIT) entered its final judgment
sustaining the ITC's remand redetermination that revocation of the
antidumping duty orders on ball bearings and parts thereof from Japan
and the United Kingdom would not be likely to lead to continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.
DATES: Effective Date: April 30, 2011.
FOR FURTHER INFORMATION CONTACT: Sandra Stewart or Richard Rimlinger,
AD/CVD Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0768 or (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 15, 1989, the Department published the antidumping duty
orders on ball bearings and parts thereof from Japan and the United
Kingdom (collectively, the orders) in the Federal Register. See
Antidumping Duty Orders: Ball Bearings, Cylindrical Roller Bearings,
and Spherical Plain Bearings, and Parts Thereof From Japan, 54 FR 20904
(May 15, 1989), and Antidumping Duty Orders and Amendments to the Final
Determinations of Sales at Less Than Fair Value: Ball Bearings, and
Cylindrical Roller Bearings and Parts Thereof From the United Kingdom,
54 FR 20910 (May 15, 1989). Pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act), the Department initiated and the ITC
instituted the second sunset reviews of the orders on June 1, 2005. See
Initiation of Five-Year (``Sunset'') Reviews, 70 FR 31423 (June 1,
2005), and Certain Bearings From China, France, Germany, Italy, Japan,
Singapore, and the United Kingdom, 70 FR 31531 (June 1, 2005). See also
19 CFR 351.218. As a result of its reviews, the Department found that
revocation of the orders would be likely to lead to the continuation or
recurrence of dumping and notified the ITC of the magnitude of the
margins likely to prevail were the orders to be revoked. See
Antifriction Bearings and Parts Thereof From France, Germany, Italy,
and the United Kingdom; Five-Year Sunset Reviews of Antidumping Duty
Orders; Final Results, 70 FR 58183 (October 5, 2005), Ball Bearings and
Parts Thereof From Japan and Singapore; Five-Year Sunset Reviews of
Antidumping Duty Orders; Final Results, 71 FR 26321 (May 4, 2006), and
Ball Bearings and Parts Thereof From Japan; Five-Year Sunset Review of
Antidumping Duty Order: Amended Final Results, 71 FR 30378 (May 26,
2006).
On August 31, 2006, the ITC published its determination that,
pursuant to section 751(c) of the Act, revocation of the orders, among
others, would be likely to lead to the continuation or recurrence of
material injury to an industry in the United States within a reasonably
foreseeable time. See Certain Bearings From China, France, Germany,
Italy, Japan, Singapore, and the United Kingdom, 71 FR 51850 (August
31, 2006), and ITC Publication 3876 (August 2006) entitled Certain
Bearings from China, France, Germany, Italy, Japan, Singapore, and the
United Kingdom, Investigation Nos. 731-TA-344, 391-A, 392-A and C, 393-
A, 394-A, 396, and 399-A (Second Review). NSK Corporation, NSK Ltd.,
and NSK Europe Ltd. and JTEKT Corporation and Koyo Corporation of
U.S.A. filed appeals of this determination with the CIT.
In its third \1\ and fourth \2\ remand determinations, the ITC
found that revocation of the orders would not be likely to lead to the
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time. On April 20, 2011,
the CIT affirmed the ITC's fourth remand and entered judgment in the
case. See NSK v. United States, Court No. 06-334, Slip Op. 11-43 (CIT
April 20, 2011) (NSK). Therefore, there is now a final CIT decision in
the case sustaining negative injury determinations concerning ball
bearings and parts thereof from the United Kingdom and Japan.\3\ Id.
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\1\ See ITC Publication 4194, Ball Bearings and Parts Thereof
From Japan and the United Kingdom, Investigation Nos. 731-TA-394A
and 399A (Second Review) (Third Remand) (August 2010).
\2\ See ITC Publication 4223, Certain Ball Bearings and Parts
Thereof From Japan and the United Kingdom, Investigation Nos. 394-A
and 399-A (Second Review) (Fourth Remand) (March 2011).
\3\ Although the CIT issued a temporary stay of the effect of
its judgment, it lifted the stay on May 13, 2011. On May 17, 2011,
the Federal Circuit issued a temporary stay of the judgment in this
case. NSK Corp. v. United States, Court Nos. 2011-1362, -1382, -1383
(May 17, 2011). The Department will not revoke the applicable orders
while the stay remains in place.
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Timken Notice
In its decision in Timken Co. v. United States, 893 F.2d 337, 341
(Fed. Cir. 1990), the Court of Appeals for the Federal Circuit held
that, pursuant to section 516A(c)(1) of the Act, the Department must
publish a notice of a court decision that is not ``in harmony'' with a
Department determination and must suspend liquidation of entries
pending a ``conclusive'' court decision. The April 20, 2011, decision
by the CIT in NSK constitutes a final CIT decision that is not in
harmony with the Department's continuation of the orders (Tapered
Roller Bearings and Parts Thereof From the People's Republic of China
and Ball Bearings and Parts Thereof From France, Germany, Italy, Japan,
and the United Kingdom: Continuation of Antidumping Duty Orders, 71 FR
54469 (September 15, 2006)). This notice is published in fulfillment of
the publication requirement in Timken.
Accordingly, the Department intends to issue instructions to U.S.
Customs and Border Protection to suspend liquidation of all
unliquidated entries of subject merchandise from Japan and the United
Kingdom which are entered, or withdrawn from warehouse, for consumption
on or after July 11, 2005, the five-year anniversary date of the
continuation of the orders. See Continuation of Antidumping Duty
Orders: Certain Bearings From France, Germany, Italy, Japan, Singapore,
the United Kingdom and the People's Republic of China, 65 FR 42665
(July 11, 2000), and 19 CFR 351.222(i)(2). Pursuant to Timken, all
entries entered, or withdrawn from warehouse, for consumption on or
after July 11, 2005, that remain unliquidated and not deemed liquidated
as of April 30, 2011, will be suspended during the pendency of the
appeals process so that they may be liquidated at the court-approved
rate after a ``conclusive'' court decision.
This notice is published pursuant to section 516A(c)(1) of the Act.
Dated: June 10, 2011.
Ronald K. Lorentzen
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-15128 Filed 6-16-11; 8:45 am]
BILLING CODE 3510-DS-P