[Federal Register Volume 72, Number 148 (Thursday, August 2, 2007)]
[Notices]
[Pages 42385-42386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15031]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-801]


Ball Bearings and Parts Thereof from Germany: Notice of Court 
Decision Not in Harmony

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On June 29, 2007, the United States Court of International 
Trade affirmed the Department of Commerce's redetermination on remand 
of the final results of the administrative review of the antidumping 
duty order on ball bearings and parts thereof from Germany. See Paul 
Mueller Industrie GmbH & Co. v. United States, Court No. 04-00522, slip 
op. 07-100 (CIT 2007) (Paul Mueller). The Department is now issuing 
this notice of court decision not in harmony with the Department's 
determination.

EFFECTIVE DATE: August 2, 2007.

FOR FURTHER INFORMATION CONTACT: David Dirstine or Richard Rimlinger, 
AD/CVD Operations, Office 5, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202) 482-4033 or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 15, 2004, the Department of Commerce (the Department) 
published the final results of the administrative review of the 
antidumping duty order on ball bearings and parts thereof from Germany 
for the period May 1, 2002, through April 30, 2003. See 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 Final Results were amended in Ball Bearings 
and Parts Thereof from Germany; Amended Final Results of Antidumping 
Duty Administrative Review, 69 FR 63507 (November 2, 2004) (Amended 
Final Results). Paul Mueller Industrie GmbH (Paul Mueller) and Timken 
US Corporation (Timken) filed lawsuits challenging the Final Results as 
amended by the Amended Final Results. The Department requested a 
voluntary remand on two issues. On May 26, 2006, the United States 
Court of International Trade (CIT) granted the Department's request and 
ordered the Department to address two items: (1) correct a ministerial 
error involving a billing adjustment reported by Paul Mueller for one 
home-market transaction and to recalculate its antidumping margin 
accordingly; (2) explain its treatment of Paul Mueller's inventory 
carrying costs.
    In accordance with the CIT's remand order in Paul Mueller v. United 
States, 435 F. Supp. 2d at 1241, 1246-1247 (CIT 2006), the Department 
filed its redetermination on remand of the final results (remand 
results) on September 13, 2006. In its redetermination, the Department 
corrected the ministerial error and made a change to its treatment of 
the inventory carrying costs to ensure that home-market and U.S. 
inventory carrying costs were calculated on a consistent basis. On June 
29, 2007, the CIT affirmed the Department's remand results. The CIT's 
decision was not made publicly available until July 17, 2007, when the 
Court entered its judgment. See Paul Mueller, slip op. 07-100.

Decision Not in Harmony

    By affirming the remand results, the CIT recognized that the 
Department had made a ministerial error in its calculation of a billing 
adjustment for Paul Mueller and that its initial calculations of 
inventory carrying costs for Paul Mueller's home-market and U.S. 
inventory carrying costs were not made on a consistent basis.
    The changes to our calculations with respect to Paul Mueller 
resulted in a change in the weighted-average margin for ball bearings 
and parts thereof from 0.44 percent to 0.46 percent for the period of 
review. Accordingly, absent an appeal or, if appealed, upon a final and 
conclusive court decision in this action, we will amend our final 
results of this review to reflect the recalculation of the margin for 
Paul Mueller.

Suspension of Liquidation

    The United States Court of Appeals for Federal Circuit (CAFC) 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 Company v. United States, 893 F.2d 337, 341 (CAFC 1990). 
Publication of this notice fulfills that obligation. The CAFC also held 
that, in such a case, the

[[Page 42386]]

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 
June 29, 2007, decision or, if appealed, pending a final and conclusive 
court decision.
    Because entries of ball bearings and parts thereof from Germany 
produced and exported to the United States by Paul Mueller are 
currently being suspended pursuant to the court's injunction order in 
effect, 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: July 24, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-15031 Filed 8-1-07; 8:45 am]
BILLING CODE 3510-DS-DS