[Federal Register Volume 72, Number 132 (Wednesday, July 11, 2007)]
[Notices]
[Pages 37702-37703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13478]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-804]


Ball Bearings and Parts Thereof from Japan: Amended Final Results 
of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 27, 2005, the United States Court of International 
Trade (CIT) sustained the United States 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 for the period May 1, 2000, through April 
30, 2001. One party appealed a portion of the CIT's decision to the 
United States Court of Appeals for the Federal Circuit (CAFC). On March 
7, 2007, the CAFC affirmed the CIT's decision. Because all litigation 
has concluded, the Department is now issuing these amended final 
results of review reflecting the CIT's decision.

EFFECTIVE DATE: July 11, 2007.

FOR FURTHER INFORMATION CONTACT: Catherine Cartsos 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) 482-1757 or (202) 482-4477, 
respectively.

SUPPLEMENTAL INFORMATION:

Background

    On August 30, 2002, the Department published the final results of

[[Page 37703]]

administrative reviews of the antidumping duty order on ball bearings 
and parts thereof from Japan for the period May 1, 2000, through April 
30, 2001. See Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom; Final Results of Antidumping Duty 
Administrative Reviews, 67 FR 55780 (August 30, 2002). On October 15, 
2002, the Department amended the final results. See Ball Bearings and 
Parts Thereof From Japan; Amended Final Results of Antidumping Duty 
Administrative Review, 67 FR 63608 (October 15, 2002). NTN Corp., NTN 
Bearing Corp. of America, American NTN Bearing Manufacturing Corp., NTN 
Driveshaft, and NTN-BCA Corp. (collectively NTN), filed a lawsuit 
challenging the final results. NSK Ltd., NSK Corp., NSK Bearings 
Europe, MPB Corp., Asahi Seiko Co., and Isuzu Motors, Ltd., were 
parties to this litigation but their dumping margins did not change as 
a result of the litigation. On August 20, 2004, the CIT affirmed the 
Department's final results in part and remanded the review to the 
Department in part to correct certain ministerial errors concerning the 
treatment of NTN's freight and warehouse expenses. See NSK Ltd. v. 
United States, 346 F. Supp. 2d 1312 (CIT 2004) (NSK Ltd.). 
Specifically, the CIT directed the Department to exclude NTN's export-
price sales from the calculation of NTN's U.S. freight and warehouse 
expenses. In accordance with the CIT's remand order in NSK Ltd., the 
Department filed its remand results on October 19, 2004. In those 
remand results, the Department excluded export-price sales from the 
calculation of U.S. freight and warehouse expenses and recalculated 
NTN's margin accordingly.
    On January 27, 2005, the CIT sustained the Department's final 
results of remand redetermination. See NSK Ltd. v. United States, 358 
F. Supp. 2d 1313 (CIT 2005). NTN appealed the portion of the CIT's 
decision in which it sustained the Department's use of ``facts 
otherwise available'' and ``adverse inferences'' when determining NTN's 
antidumping duty margin. NTN did not appeal the CIT's remand order. On 
March 7, 2007, the CAFC affirmed the CIT's decision. See NSK Ltd. v. 
United States, 481 F.3d 1355 (Fed. Cir. 2007). On May 3, 2007, the CAFC 
denied a rehearing request. No further appeals were made. Therefore, 
the CIT's decision is now final and conclusive.

Amendment to Final Results

    We are now amending the final results of this review to reflect the 
final and conclusive decision of the CIT. Our revised calculations for 
NTN changed the weighted-average margin for ball bearings from 9.34 
percent to 9.30 percent for the period of review. The Department will 
instruct U.S. Customs and Border Protection to liquidate entries of 
ball bearings from Japan from NTN during the review period in 
accordance with these amended final results of review.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 2, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-13478 Filed 7-10-07; 8:45 am]
BILLING CODE 3510-DS-S