[Federal Register Volume 73, Number 159 (Friday, August 15, 2008)]
[Notices]
[Pages 47883-47884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18942]


-----------------------------------------------------------------------

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 October 23, 2006, the United States Court of International 
Trade (CIT) sustained 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 for the period May 1, 2002, through April 30, 2003. Koyo 
Seiko Co., Ltd., and Koyo Corp. of U.S.A. (collectively, Koyo Seiko), 
NSK Ltd., NSK Corp., and NSK Precision America, Inc. (collectively, 
NSK), and NTN Corporation, NTN Bearing Corp. of America, American NTN 
Bearing Manufacturing Corp., NTN Driveshaft, Inc., and NTN-BCA Corp. 
(collectively, NTN) appealed the CIT's decision to the United States 
Court of Appeals for the Federal Circuit (CAFC). On December 14, 2007, 
the CAFC affirmed the CIT's decision. Because all litigation has 
concluded, the Department is now 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.

EFFECTIVE DATE: August 15, 2008.

FOR FURTHER INFORMATION CONTACT:  Thomas Schauer 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) 482-0410 or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 15, 2004, the Department published the final results 
of 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 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) (AFBs 14). Koyo Seiko, NSK, NTN, 
and Timken US Corporation (Timken) filed lawsuits with the CIT 
challenging the final results of AFBs 14. On January 31, 2006, the CIT 
affirmed the Department's final results in part and remanded the case 
to the Department in part to reexamine its treatment of the lump-sum 
billing adjustments reported by Koyo Seiko. The CIT also remanded the 
case to the Department to explain its treatment of the high-profit 
sales reported by NTN. See NSK Ltd. v. United States, 416 F. Supp. 2d 
1334 (CIT 2006) (NSK Ltd.).
    The Department filed its remand results on April 3, 2006. In those 
remand results, the Department denied all of the lump-sum billing 
adjustments reported by Koyo Seiko and recalculated the antidumping 
margin for Koyo Seiko accordingly. The Department also explained its 
treatment of the high-profit sales reported by NTN. See Remand 
Determination NSK Ltd. v. United States, Consol. Court No. 04-00519 
(April 3, 2006), which is available

[[Page 47884]]

at http://ia.ita.doc.gov/remands/06-19.pdf. The results of 
redetermination affected only the calculation of the antidumping margin 
for Koyo Seiko.
    On October 23, 2006, the CIT affirmed the Department's final 
results of remand redetermination. See NSK Ltd. v. United States, 462 
F. Supp. 2d 1254 (CIT 2006). Koyo Seiko, NSK, and NTN appealed the 
portion of the CIT's decision in which it sustained the Department's 
treatment of non-dumped sales. Also, Koyo Seiko appealed the 
Department's treatment of Koyo Seiko's lump-sum billing adjustments, 
NSK appealed the Department's decision to consider changing its model-
match methodology for future reviews, and NTN appealed the Department's 
inclusion of high-profit sales in its calculation of normal value.
    On December 14, 2007, the CAFC affirmed the CIT's decision. See NSK 
Ltd. v. United States, 510 F.3d 1375 (CAFC 2007). Koyo Seiko filed a 
petition for panel rehearing and for rehearing en banc with the CAFC, 
which was denied on March 12, 2008. Because the period in which to file 
a petition for writ of certiorari with the United States Supreme Court 
has ended and no party filed the same, 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 in this case. Our revised calculations 
for Koyo Seiko changed the weighted-average margin for ball bearings 
and parts thereof from Japan from 5.56 percent to 5.55 percent for the 
period May 1, 2002, through April 30, 2003. The Department will 
instruct CBP to liquidate entries of ball bearings and parts thereof 
from Japan exported by Koyo Seiko 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 Tariff Act of 1930, as amended.

    Dated: August 8, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-18942 Filed 8-14-08; 8:45 am]
BILLING CODE 3510-DS-S