[Federal Register Volume 73, Number 57 (Monday, March 24, 2008)]
[Notices]
[Pages 15481-15482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5886]


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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 Pursuant to Final Court 
Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 30, 2002, the Department of Commerce (the 
Department) published 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), 
as amended on October 15, 2002, by Ball Bearings and Parts Thereof From 
Japan; Amended Final Results of Antidumping Duty Administrative Review, 
67 FR 63608 (October 15, 2002). The review covered the period May 1, 
2000, through April 30, 2001. NTN Corporation (and its affiliates) and 
other parties appealed the results pertaining to subject merchandise 
from Japan. Because there is now a final and conclusive decision, the 
Department is issuing these amended final results of review. We will 
instruct U.S. Customs and Border Protection (CBP) to liquidate entries 
subject to these amended final results of review.

EFFECTIVE DATE: March 24, 2008.

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

SUPPLEMENTARY INFORMATION: SUPPLEMENTAL INFORMATION:

[[Page 15482]]

Background

    On August 30, 2002, the Department published the final results of 
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) (AFBs 12). 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) 
(Amended AFBs 12). 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 of 
AFBs 12 as amended by Amended AFBs 12.
    On August 20, 2004, the United States Court of International Trade 
(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.\1\ 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 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 decision with respect to the remand 
determination.
    On March 7, 2007, the United States Court of Appeals for the 
Federal Circuit (CAFC) affirmed the CIT's decision. See NSK Ltd. v. 
United States, 481 F.3d 1355 (CAFC 2007). On May 3, 2007, the CAFC 
denied a rehearing request.
    On July 11, 2007, the Department published amended final results 
pertaining to NTN for the period May 1, 2000, through April 30, 2001. 
See Ball Bearings and Parts Thereof from Japan: Amended Final Results 
of Antidumping Duty Administrative Review, 72 FR 37702 (July 11, 2007) 
(Second Amended Final Results). Because the Department published the 
Second Amended Final Results mistakenly before a final and conclusive 
court decision, on July 23, 2007, the Department rescinded the Second 
Amended Final Results. See Ball Bearings and Parts Thereof from Japan: 
Rescission of Amended Final Results of Antidumping Duty Administrative 
Review, 72 FR 40113 (July 23, 2007).
    On September 28, 2007, NTN filed a petition for a writ of 
certiorari with the United States Supreme Court in connection with the 
final results of the 2000-2001 administrative review of the antidumping 
duty order on ball bearings and parts thereof from Japan. The two 
issues NTN raised in its petition for a writ of certiorari were the 
Department's treatment of non-dumped sales and the Department's use of 
facts otherwise available and adverse inferences when determining NTN's 
antidumping duty margin.
    On January 22, 2008, the United States Supreme Court denied NTN's 
petition for a writ of certiorari. Therefore, there is now a final and 
conclusive court decision in this case.

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 and parts 
thereof from Japan from 9.34 percent to 9.30 percent for the period May 
1, 2000, through April 30, 2001. The Department will instruct CBP to 
liquidate entries of subject merchandise from Japan from NTN during the 
review period in accordance with these amended final results of review. 
We intend to issue the assessment instructions to CBP 15 days after the 
date of publication of 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: March 17, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
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    \1.\ NSK Ltd., NSK Corp., NSK Bearings Europe, MPB Corp., 3Asahi 
Seiko Co., and Isuzu Motors, Ltd., also appealed the Department's 
determination but the dumping margins the Department had calculated 
for the period of review did not change as a result of the 
litigation.
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[FR Doc. E8-5886 Filed 3-21-08; 8:45 am]
BILLING CODE 3510-DS-S