[Federal Register Volume 73, Number 231 (Monday, December 1, 2008)]
[Notices]
[Pages 72836-72837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28392]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 731-TA-394-A & 399-A (Second Review) (Remand)]
Ball Bearings From Japan and the United Kingdom
AGENCY: United States International Trade Commission.
ACTION: Notice of stay of remand proceedings.
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SUMMARY: The U.S. International Trade Commission (``Commission'')
hereby gives notice of the stay of its remand proceedings in the
Commission's five-year reviews of the antidumping duty orders on ball
bearings from Japan and the United Kingdom.
DATES: Effective Date: November 24, 2008.
FOR FURTHER INFORMATION CONTACT: Russell Duncan, Office of
Investigations, telephone 202-708-4727, or David Goldfine, Office of
General Counsel, telephone 202-708-5452, 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-
[[Page 72837]]
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 of investigation Nos. 731-TA-
394-A & 399-A may be viewed on the Commission's electronic docket
(``EDIS'') at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--In June 2006, the Commission determined that
revocation of the antidumping duty orders on ball bearings from France,
Germany, Italy, Japan, and the United Kingdom would be likely to lead
to continuation or recurrence of material injury to an industry in the
United States within a reasonable foreseeable time. The Commission's
determinations for Japan and the United Kingdom were appealed to the
Court of International Trade. On September 9, 2008, the Court issued a
decision remanding the matter to the Commission for further
proceedings. NSK v. United States, Slip Op. 08-95 (Ct. Int'l Trade,
Sept. 9, 2008). In its opinion, the Court issued an order instructing
the Commission to (1) ``conduct a Bratsk analysis of non-subject
imports as outlined in this opinion;''(2) ``reassess supply conditions
within the domestic industry,'' i.e., the industry's restructuring
efforts during the period of review, and (3) ``reexamine its findings
with regard to likely impact and its decision to cumulate imports from
the United Kingdom in light of changes in its determinations that may
result as a consequence of the foregoing remand instructions.'' The
Commission initiated its remand proceeding on October 8, 2008.
On September 18, 2008, the U.S. Court of Appeals for the Federal
Circuit issued its opinion in Mittal Steel Point Lisas, Ltd. v. United
States (Ct. No. 2007-1552), which clarified and limited its holding in
Bratsk Aluminium Smelter v. United States, 444 F.3d 1369 (Fed. Cir.
2006). On October 9, 2008, the Commission filed a motion for
reconsideration with the Court of International Trade (``CIT''),
requesting that the CIT reconsider its decision in light of the Federal
Circuit's analysis in Mittal. As part of that motion, the Commission
also requested the CIT to issue a stay of its remand proceeding pending
the Court's disposition of the motion for reconsideration. Defendant-
Intervenor The Timken Company (``Timken'') filed a similar motion for
reconsideration and a motion to stay the remand proceeding.
On October 29, 2008, the CIT granted the motions of the Commission
and Timken and ordered a stay of the Commission's remand proceeding. In
that Order, the CIT also directed that the stay shall remain in effect
until the Court has ruled on the pending motions for reconsideration.
Accordingly, the remand proceedings in this matter are hereby
stayed pending further order.
By order of the Commission.
Issued: November 24, 2008.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E8-28392 Filed 11-28-08; 8:45 am]
BILLING CODE 7020-02-P