[Federal Register Volume 80, Number 14 (Thursday, January 22, 2015)]
[Notices]
[Pages 3218-3219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01053]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-804]
Ball Bearings and Parts Thereof From Japan: Notice of Court
Decision Not in Harmony With the Final Results of Antidumping Duty
Administrative Review and Notice of Amended Final Results of
Antidumping Duty Administrative Review; 2005-2006
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: On December 24, 2014, the United States Court of International
Trade (CIT or Court) issued final judgment in JTEKT Corp. v. United
States, Consol. Court No. 07-377 (JTEKT Corp.), affirming the
Department of Commerce's (the Department) final results of
redetermination pursuant to remand.\1\
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\1\ See Redetermination Pursuant to Court Remand, Consol. Court
No. 07-377, available at http://enforcement.trade.gov/remands/
(Final Second Remand).
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Consistent with the decision of the United States Court of Appeals
for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d
337 (Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs.
Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond
Sawblades), the Department is notifying the public that the final
judgment in this case is not in harmony with the Department's final
results of the administrative review of the antidumping duty order on
ball bearings and parts thereof from Japan covering the period May 1,
2005 through April 30, 2006, and is amending the final results with
respect to Aisin Seiki Co., Ltd.
DATES: Effective January 3, 2015.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, Office I, Enforcement
and Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-3477.
SUPPLEMENTARY INFORMATION:
Background
On October 12, 2007, the Department published AFBs 17.\2\ Aisin
Seiki Co., Ltd. (Aisin) and other parties appealed AFBs 17 to the CIT
and on September 3, 2009, the CIT granted the Department's request for
a voluntary remand to examine its calculation of constructed export
price (CEP) for certain U.S. sales made by Aisin. After reexamining
Aisin's CEP calculation, the Department determined it appropriate to
recalculate Aisin's dumping margin.\3\ On May 5, 2011, the CIT
affirmed, in part, the Department's first remand, which resulted in a
weighted-average dumping margin of 1.13 percent for Aisin.\4\ The Court
remanded issues regarding other respondent companies, relating to the
Department's use of zeroing and model match methodology. In Final
Second Remand, the Department further explained these issues but did
not recalculate the dumping margins for any other respondents in the
litigation.\5\ The Court affirmed the Department's second
[[Page 3219]]
remand in its entirety on December 24, 2014, and entered judgment.
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\2\ Ball Bearings and Parts Thereof From France, Germany, Japan,
Italy, Japan, Singapore, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews and Rescission of Review in
Part, 72 FR 58053 (October 12, 2007) (AFBs 17).
\3\ See Redetermination Pursuant to Remand, JTEKT Corporation,
et al. v. United States, Consol. Court No. 07-00377 (CIT September
2, 2009), dated December 4, 2009 (Final First Remand).
\4\ See JTEKT Corp. v. United States, 768 F. Supp. 2d 1333
(2011).
\5\ See Final Second Remand.
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Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the CAFC held that, pursuant to section 516A(e) of the
Tariff Act of 1930, as amended (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 CIT's December 24, 2014, judgment
affirming the Final Second Remand constitutes a final decision of that
court that is not in harmony with AFBs 17. This notice is published in
fulfillment of the publication requirements of Timken.
Amended Final Results
Because there is now a final court decision, the Department is
amending AFBs 17 with respect to Aisin's weighted-average dumping
margin as redetermined in the Final First Remand. The revised weighted-
average dumping margin for the period May 1, 2005, to April 30, 2006,
for Aisin is 1.13%.
Accordingly, the Department will continue the suspension of
liquidation of the subject merchandise pending the expiration of the
period of appeal or, if appealed, pending a final and conclusive court
decision. In the event the Court's ruling is not appealed, or if
appealed and upheld by the Federal Circuit, the Department will
instruct U.S. Customs and Border Protection (CBP) to assess antidumping
duties on entries of the subject merchandise exported by Aisin using
the revised assessment rate calculated by the Department in the Final
First Remand and listed above.
Cash Deposit Requirements
Because we revoked the antidumping duty order on ball bearings and
parts thereof from Japan effective September 15, 2011, no cash deposits
for estimated antidumping duties on future entries of subject
merchandise will be required.\6\
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\6\ See Ball Bearings and Parts Thereof From Japan and the
United Kingdom: Final Results of Sunset Reviews and Revocation of
Antidumping Duty Orders, 79 FR 16771 (March 26, 2014).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: January 15, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-01053 Filed 1-21-15; 8:45 am]
BILLING CODE 3510-DS-P