[Federal Register Volume 73, Number 237 (Tuesday, December 9, 2008)]
[Notices]
[Pages 74703-74704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29127]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-804]


Notice of Amended Final Results of Antidumping Duty 
Administrative Reviews: Ball Bearings and Parts Thereof from Japan

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 11, 2008, the Department of Commerce published in 
the Federal Register the final results of the administrative reviews of 
the antidumping duty orders on ball bearings and parts thereof from 
France, Germany, Italy, Japan, and the United Kingdom. The period of 
review is May 1, 2006, through April 30, 2007. Based on the correction 
of a ministerial error with respect to NTN's home-market packing 
expense, we have changed the margin for NTN Corporation (NTN) and, as a 
result, the margins for non-selected respondents for the final results 
of review with respect to the antidumping duty order on ball bearings 
and parts thereof from Japan.

EFFECTIVE DATE: September 11, 2008

FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Richard Rimlinger, 
AD/CVD Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington DC 20230; telephone: (202) 482-0410 
and (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 11, 2008, the Department of Commerce (the Department) 
published in the Federal Register the final results of the 
administrative reviews of the antidumping duty orders on ball bearings 
and parts thereof (ball bearings) from France, Germany, Italy, Japan, 
and the United Kingdom. See Ball Bearings and Parts Thereof from 
France, Germany, Italy, Japan, and the United Kingdom: Final Results of 
Antidumping

[[Page 74704]]

Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 
52823 (September 11, 2008) (Final Results).
    We received a timely allegation of a ministerial error pursuant to 
19 CFR Sec.  351.224(c) from The Timken Company, a petitioner, that our 
recalculation of NTN's home-market packing expenses reflected use of 
incorrect expense ratios. We agree that there is a ministerial error.
    Before the Department issued amended final results reflecting 
correction of the ministerial error, NTN filed a summons and complaint 
to challenge the Final Results. Aisin Seiki Company, Ltd., also filed a 
summons and complaint with the Court of International Trade (CIT) to 
challenge the Final Results. In both cases, jurisdiction over the 
administrative proceeding vested with the CIT.
    The Department subsequently moved for leave of court to amend the 
Final Results. On November 24, 2008, the CIT granted the Department's 
motion. See NTN Corporation v. United States, Slip Op. 08-129, Consol. 
Court No. 08-00329 (November 24, 2008). Therefore, we are hereby 
amending the Final Results with respect to NTN to correct the error in 
our calculation of NTN's home-market packing expenses in accordance 
with 19 CFR Sec.  351.224(e). For details regarding the ministerial 
error, see the memorandum from Thomas Schauer to the File entitled 
``Ball Bearings from Japan - NTN Corporation (NTN) Amended Final 
Results Analysis Memorandum'' dated December 3, 2008.
    In addition, because the margin we calculated for respondents not 
selected for individual examination was based on a simple average of 
the rates of the two selected respondents in this review (JTEKT 
Corporation and NTN), we have recalculated the margin for the non-
selected respondents to reflect the change in NTN's margin.

Amended Final Results of Review

    As a result of the corrections of the ministerial error, we 
determine that the following percentage weighted-average dumping 
margins on ball bearings and parts thereof exist for the period May 1, 
2006, through April 30, 2007:

------------------------------------------------------------------------
                            Company                               Margin
------------------------------------------------------------------------
Aisin Seiki Company, Ltd.......................................    10.31
Canon, Inc.....................................................    10.31
Nachi-Fujikoshi Corp...........................................    10.31
Nippon Pillow Block Company Ltd................................    10.31
NTN............................................................    12.58
Sapporo Precision, Inc.........................................    10.31
Toyota Motor Corp./Toyota Industries Corp......................    10.31
Yamazaki Mazak Trading Company.................................    10.31
------------------------------------------------------------------------

    The Department will determine and the U.S. Bureau of Customs and 
Border Protection (CBP) shall assess antidumping duties on all 
appropriate entries. Except where the CIT has issued preliminary 
injunctions enjoining the liquidation of certain entries during the 
period of review, we intend to issue appropriate assessment 
instructions directly to CBP 15 days after publication of these amended 
final results of review. For a general discussion of the application of 
assessment rates, see Final Results, 73 FR at 52825-6.
    We will also direct CBP to collect cash deposits of estimated 
antidumping duties on all appropriate entries at the rates as amended 
by this notice and in accordance with the procedures discussed in the 
Final Results, 73 FR at 52825-6. The amended deposit requirements are 
effective for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after September 11, 
2008, the date on which we published the Final Results in the Federal 
Register. We will instruct CBP to collect cash deposits of estimated 
antidumping duties for all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption as provided for 
by section 751(a)(2)(C) of the Act, based on these amended final 
results, retroactively effective to September 11, 2008, the date of 
publication of the Final Results.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Tariff Act of 
1930, as amended, and 19 CFR Sec.  351.224(e).

    Dated: December 3, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-29127 Filed 12-8-08; 8:45 am]
BILLING CODE 3510-DS-S