[Federal Register Volume 71, Number 219 (Tuesday, November 14, 2006)]
[Notices]
[Pages 66303-66304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19186]


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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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 23, 2006, the United States Court of International 
Trade affirmed the Department of Commerce's (the Department's) 
redetermination on remand of the final results of the administrative 
review of the antidumping duty order on ball bearings and parts thereof 
from Japan. See NSK Ltd., et al., v. United States, Court No. 04-00519, 
slip op. 06-157 (CIT 2006). This case arises from the Department's 
final results of Antifriction Bearings and Parts Thereof From France, 
Germany, Italy, Japan, Singapore, and the United Kingdom: Final Results 
of Antidumping Duty Administrative Reviews, Rescission of 
Administrative Reviews in Part, and Determination To Revoke Order in 
Part, 69 FR 55574 (September 15, 2004) (Final Results). The Department 
is now issuing this notice of court decision not in harmony with the 
Department's Final Results.

EFFECTIVE DATE:  November 14, 2006.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Richard Rimlinger, 
AD/CVD Operations, Office 5, Import Administration, U.S. Department of 
Commerce, 14\th\ Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-0410 or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 15, 2004, the Department published the final results 
of the administrative review of the antidumping duty order on ball 
bearings and parts thereof from Japan for the period May 1, 2002, 
through April 30, 2003. See Final Results, 69 FR 55574. Koyo Seiko Co., 
Ltd., and Koyo Corp. of U.S.A. (hereafter ``Koyo'') filed a lawsuit 
challenging the final results. On January 31, 2006, the United States 
Court of International Trade (CIT) remanded the Department's 
determination and ordered the Department to not treat Koyo's positive 
lump-sum billing adjustments differently than Koyo's negative lump-sum 
billing adjustments. See NSK Ltd., et al., v. United States, 416 F. 
Supp. 2d 1334 (CIT 2006) (NSK). In accordance with the CIT's remand 
order, the Department filed its remand redetermination on March 31, 
2006. On October 23, 2006, the CIT affirmed the Department's remand 
results.

Decision Not in Harmony

    Although the CIT ruled that our decision in the Final Results to 
treat Koyo's positive lump-sum billing adjustments differently than 
Koyo's negative lump-sum billing adjustments was not in accordance with 
law, the CIT affirmed our decision in the remand redetermination to 
deny all of Koyo's lump-sum billing adjustments.
    The changes to our calculations with respect to Koyo resulted in a 
change in the weighted-average margin for ball bearings and parts 
thereof from 5.56 percent to 5.55 percent for the period of review. 
Accordingly, absent an appeal or, if appealed, upon a ``conclusive'' 
decision by the Court, we will amend our final results of this review 
to reflect the recalculation of the margin for Koyo.

Suspension of Liquidation

    The United States Court of Appeals for Federal Circuit (CAFC) has 
held that the Department must publish notice of a decision of the CIT 
or the CAFC which is not in harmony with the Department's 
determination. See The Timken

[[Page 66304]]

Company v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990). 
Publication of this notice fulfills that obligation. The CAFC also held 
that, in such a case, the Department must suspend liquidation until 
there is a ``conclusive'' decision in the action. Id. Therefore, the 
Department must suspend liquidation pending the expiration of the 
period to appeal the CIT's October 23, 2006, decision or pending a 
final decision of the CAFC if that decision is appealed.
    Because entries of ball bearings and parts thereof from Japan 
produced by, exported to, or imported into the United States by Koyo 
are currently being suspended pursuant to the court's injunction order, 
the Department does not need to order U.S. Customs and Border 
Protection to suspend liquidation of affected entries. The Department 
will not order the lifting of the suspension of liquidation on entries 
of ball bearings and parts thereof made during the review period before 
a court decision in this lawsuit becomes final and conclusive.
    We are issuing and publishing this notice in accordance with 
section 516A(c)(1) of the Tariff Act of 1930, as amended.

    Dated: November 6, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-19186 Filed 11-13-06; 8:45 am]
BILLING CODE 3510-DS-S