[Federal Register Volume 73, Number 203 (Monday, October 20, 2008)]
[Notices]
[Pages 62317-62318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24890]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-394-A & 399-A (Second Review) (Remand)]


Ball Bearings From Japan and the United Kingdom

AGENCY: United States International Trade Commission.

ACTION: Notice of remand proceedings.

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SUMMARY: The U.S. International Trade Commission (``Commission'') 
hereby gives notice of the court-ordered remand of its affirmative 
determinations in the five-year reviews of the antidumping orders on 
ball bearings from Japan and the United Kingdom. For further 
information concerning the conduct of this proceeding and rules of 
general application, consult the Commission's Rules of Practice and 
Procedure, part 201, subparts A through E (19 CFR part 201), and part 
207, subpart A (19 CFR part 207).

DATES: Effective Date: October 8, 2008.

FOR FURTHER INFORMATION CONTACT: Russell Duncan, Office of 
Investigations, telephone 202-708-4727, or David Goldfine, Office of 
General Counsel, telephone 202-708-5452, U.S. International Trade 
Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired 
persons can obtain information on this matter by contacting the 
Commission's TDD terminal on 202-205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at 202-205-2000. 
General information concerning the Commission may also be obtained by 
accessing its Internet server (http://www.usitc.gov). The public record 
of investigation Nos. 731-TA-340 E & H may be viewed on the 
Commission's electronic docket (``EDIS'') at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--In June 2006, the Commission determined that 
revocation of the antidumping duty orders on ball bearings from France, 
Germany, Italy, Japan, and the United Kingdom would be likely to lead 
to continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time. The Commission's 
determinations for Japan and the United Kingdom were appealed to the 
Court of International Trade. On September 9, 2008, the Court issued a 
decision remanding the matter to the Commission for further 
proceedings. NSK v. United States, Slip Op. 08-95 (Ct. Int'l Trade, 
Sept. 9, 2008). In its opinion, the Court issued an order instructing 
the Commission to (1) ``conduct a Bratsk analysis of non-subject 
imports as outlined in this opinion;''(2) ``reassess supply conditions 
within the domestic industry,'' i.e., the industry's restructuring 
efforts during the period of review, and (3) ``reexamine its findings 
with regard to likely impact and its decision to cumulate imports from 
the United Kingdom in light of changes in its determinations that may 
result as a consequence of the foregoing remand instructions.''
    Participation in the proceeding.--Only those persons who were 
interested parties to the reviews (i.e., persons listed on the 
Commission Secretary's service list) and parties to the appeal may 
participate in the remand proceeding. Such persons need not make any 
additional filings with the Commission to participate in the remand 
proceeding. Business proprietary information (``BPI'') referred to 
during the remand proceeding will be governed, as appropriate, by the 
administrative protective order issued in the reviews.
    Written submissions.--The Commission is re-opening the record in 
this proceeding to obtain information to conduct a Bratsk analysis of 
non-subject imports as outlined in the Court's opinion. The Commission 
will permit the parties to file comments pertaining to the specific 
issues that are the subject of the Court's remand instructions and, in 
this regard, may comment on the new information obtained on remand. 
Comments should be limited to no more than fifteen (15) double-spaced 
and single-sided pages of textual material. The parties may not 
themselves submit any new factual information in their comments and may 
not address any issue other than those that are the subject of the 
Court's remand instructions. Any such comments must be filed with the 
Commission no later than November 28, 2008.
    All written submissions must conform with the provisions of section 
201.8 of the Commission's rules; any submissions that contain BPI must 
also conform with the requirements of sections 201.6, 207.3, and 207.7 
of the Commission's rules. The Commission's rules do not authorize 
filing of submissions with the Secretary by facsimile or electronic 
means, except to the extent permitted by section 201.8 of the 
Commission's rules, as amended, 67 FR 68036 (Nov. 8, 2002).
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigation must be 
served on all other

[[Page 62318]]

parties to the investigation (as identified by either the public or BPI 
service list), and a certificate of service must be timely filed. The 
Secretary will not accept a document for filing without a certificate 
of service.
    Parties are also advised to consult with the Commission's Rules of 
Practice and Procedure, part 201, subparts A through E (19 CFR part 
201), and part 207, subpart A (19 CFR part 207) for provisions of 
general applicability concerning written submissions to the Commission.

    By order of the Commission.

    Issued: October 14, 2008
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-24890 Filed 10-17-08; 8:45 am]
BILLING CODE 7020-02-P