Federal Register, Volume 79 Issue 89 (Thursday, May 8, 2014)

[Federal Register Volume 79, Number 89 (Thursday, May 8, 2014)]
[Notices]
[Pages 26405-26406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10510]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-804]


Ball Bearings and Parts Thereof From Japan: Rescission of 
Antidumping Duty Administrative Review, in Part; 2010-2011

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is rescinding in 
part its administrative review of the antidumping duty order on ball 
bearings and parts thereof (ball bearings) from Japan with respect to 
certain companies for the period May 1, 2010, through April 30, 2011.

[[Page 26406]]


DATES: Effective Date: May 8, 2014.

FOR FURTHER INFORMATION CONTACT: Sandra Dreisonstok or Minoo Hatten, 
AD/CVD Operations Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0768 and (202) 482-1690 respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 2, 2011, we published a notice of opportunity to request an 
administrative review of the antidumping duty order on ball bearings 
from Japan for the period May 1, 2010, through April 30, 2011.\1\ We 
received timely filed requests for review of 31 producers or exporters 
from various interested parties. On June 28, 2011, in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act) and 19 
CFR 351.221(c)(1)(i), we initiated an administrative review of the 
order on ball bearings from Japan with respect to the following firms: 
\2\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 76 FR 24460 (May 2, 2011).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 76 FR 
37781 (June 28, 2011).

Asahi Seiko Co., Ltd.
Aisin Seiki Co. Ltd.
Audi AG
Bosch Packaging Technology K.K.
Bosch Rexroth Corporation
Caterpillar Inc.
Caterpillar Japan Ltd.
Caterpillar Overseas S.A.R.L.
Caterpillar Group Services S.A.
Caterpillar Brazil Ltd.
Caterpillar Africa Pty. Ltd.
Caterpillar of Australia Pty. Ltd.
Caterpillar S.A.R.L.
Caterpillar Americas Mexico, S. de R.L. de C.V.
Caterpillar Logistics Services China Ltd.
Caterpillar Mexico, S.A. de C.V.
Glory Ltd.
Hagglunds Ltd.
Hino Motors Ltd.
JTEKT Corporation
Kongskilde Limited
Mazda Motor Corporation
Nachi-Fujikoshi Corporation
NSK Ltd.
NSK Corporation
NTN Corporation
Perkins Engines Company Limited
Sapporo Precision, Inc., and Tokyo Precision, Inc.
Volkswagen AG
Volkswagen Zubehor GmbH
Yamazaki Mazak Trading Corporation

    On July 15, 2011, pursuant to a decision of the Court of 
International Trade (CIT) that affirmed the International Trade 
Commission's (ITC's) negative injury determinations on remand in the 
second sunset review of the antidumping duty order on ball bearings 
from Japan, we revoked the order on ball bearings and parts thereof 
from Japan and discontinued all ongoing administrative reviews, pending 
a final and conclusive court decision.\3\ On May 16, 2013, the United 
States Court of Appeals for the Federal Circuit (Federal Circuit) 
reversed the CIT's decision and ordered the CIT to reinstate the ITC's 
affirmative material injury determinations.\4\ Subsequently, on 
November 18, 2013, the CIT issued final judgment reinstating the ITC's 
affirmative injury determinations.\5\ Thus, on December 16, 2013 we 
reinstated the antidumping duty order and resumed all previously 
discontinued administrative reviews.\6\
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    \3\ See Ball Bearings and Parts Thereof from Japan and the 
United Kingdom: Revocation of Antidumping Duty Orders, 76 FR 41761 
(July 15, 2011).
    \4\ NSK Corp v. United States International Trade Commission, 
716 F.3d 1352 (Fed. Cir. 2013).
    \5\ NSK Corp. v. United States International Trade Commission, 
Court No. 06-334, Slip Op. 2013-143 (CIT November 18, 2013).
    \6\ See Ball Bearings and Parts Thereof From Japan and the 
United Kingdom: Notice of Reinstatement of Antidumping Duty Orders, 
Resumption of Administrative Reviews, and Advance Notification of 
Sunset Reviews, 78 FR 76104 (December 16, 2013) (Reinstatement 
Notice).
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Rescission of Review in Part

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, ``in whole or in part, if a party that requested 
a review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review.'' In our 
Reinstatement Notice, we informed parties that the deadline to withdraw 
requests for review was 90 days from the publication of that notice.\7\ 
We received timely withdrawals of requests for review from all firms 
except Bosch Packaging Technology K.K., Bosch Rexroth Corporation, and 
Hagglunds Ltd. (collectively, the Robert Bosch Companies).\8\ This 
rescission in part is in accordance with 19 CFR 351.213(d)(1).
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    \7\ Because the 90-day deadline to withdraw was Sunday, March 
16, 2014, and the government was closed on Monday, March 17, 2014, 
due to hazardous weather, the actual deadline for parties to 
withdraw was Tuesday, March 18, 2014.
    \8\ On March 27, 2014, the Robert Bosch Companies filed an 
untimely letter withdrawing their request for review. Because the 
deadline to withdraw was clearly established in the Reinstatement 
Notice, we did not grant the withdrawal request. See April 2, 2014 
memorandum to the file from Hermes Pinilla, ``Ball Bearings and 
Parts Thereof from Japan--Issuance of Antidumping Duty Questionnaire 
to the Robert Bosch Companies,'' for further discussion.
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    Accordingly, the Department intends to issue appropriate assessment 
instructions to U.S. Customs and Border Protection 15 days after 
publication of this notice.

Notifications

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d)(4).

    Dated: May 1, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-10510 Filed 5-7-14; 8:45 am]
BILLING CODE 3510-DS-P