[Federal Register Volume 73, Number 231 (Monday, December 1, 2008)]
[Notices]
[Pages 72836-72837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28392]


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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 stay of remand proceedings.

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SUMMARY: The U.S. International Trade Commission (``Commission'') 
hereby gives notice of the stay of its remand proceedings in the 
Commission's five-year reviews of the antidumping duty orders on ball 
bearings from Japan and the United Kingdom.

DATES: Effective Date: November 24, 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-

[[Page 72837]]

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-
394-A & 399-A 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 reasonable 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.'' The 
Commission initiated its remand proceeding on October 8, 2008.
    On September 18, 2008, the U.S. Court of Appeals for the Federal 
Circuit issued its opinion in Mittal Steel Point Lisas, Ltd. v. United 
States (Ct. No. 2007-1552), which clarified and limited its holding in 
Bratsk Aluminium Smelter v. United States, 444 F.3d 1369 (Fed. Cir. 
2006). On October 9, 2008, the Commission filed a motion for 
reconsideration with the Court of International Trade (``CIT''), 
requesting that the CIT reconsider its decision in light of the Federal 
Circuit's analysis in Mittal. As part of that motion, the Commission 
also requested the CIT to issue a stay of its remand proceeding pending 
the Court's disposition of the motion for reconsideration. Defendant-
Intervenor The Timken Company (``Timken'') filed a similar motion for 
reconsideration and a motion to stay the remand proceeding.
    On October 29, 2008, the CIT granted the motions of the Commission 
and Timken and ordered a stay of the Commission's remand proceeding. In 
that Order, the CIT also directed that the stay shall remain in effect 
until the Court has ruled on the pending motions for reconsideration.
    Accordingly, the remand proceedings in this matter are hereby 
stayed pending further order.

    By order of the Commission.

    Issued: November 24, 2008.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E8-28392 Filed 11-28-08; 8:45 am]
BILLING CODE 7020-02-P