[Federal Register Volume 74, Number 23 (Thursday, February 5, 2009)]
[Notices]
[Pages 6173-6174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2402]


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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 resumption of its remand proceedings with 
respect to its affirmative determinations in the five-year reviews of 
the antidumping duty 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).

[[Page 6174]]


DATES: Effective Date: January 30, 2009.

FOR FURTHER INFORMATION CONTACT: Jim McClure, Office of Investigations, 
telephone 202-205-3191, 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).

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 (the ``Court''). 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.''
    On October 8, 2008, in accordance with the Court's order, the 
Commission initiated remand proceedings in the above-captioned reviews. 
The notice of initiation for the remand proceeding was published in the 
Federal Register at 73 FR 63217 (Oct. 20, 2008). The Commission noted 
that it was re-opening the record to obtain information to conduct an 
analysis of non-subject imports as outlined in the Court's opinion. The 
Commission also noted that it was permitting parties to file comments 
pertaining to the specific issues that are the subject of the Court's 
remand instructions and to comment on the new information obtained on 
remand. Id.
    On October 9, 2008, the Commission filed a motion for 
reconsideration with the Court. In the motion, the Commission requested 
that the Court reconsider its decision in light of the Federal 
Circuit's decision, Mittal Steel Point Lisas Limited v. United States, 
Court No. 2007-1552 (September 18, 2008) (``Mittal''). In its motion, 
the Commission also requested that the Court issue a stay of the remand 
proceeding pending the Court's disposition of the Commission's 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 Court granted the requests of the 
Commission and Timken to stay the Commission's remand proceeding 
pending its reconsideration of the Commission's and Timken's motions 
for reconsideration. Accordingly, the Commission stayed its remand 
proceeding on November 17, 2008 pending the Court's ruling on the 
motions for reconsideration.
    On December 29, 2008, the Court denied the motions for 
reconsideration by the Commission and Timken. The Court has ordered the 
Commission to file its remand determination with the Court by May 4, 
2009. Accordingly, the Commission is hereby resuming the remand 
proceeding in this review and announcing an amended schedule for the 
proceeding, as set forth herein.
    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 an 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 March 23, 2009.
    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 remand proceeding must be 
served on all other parties to the remand proceeding (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 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.

    Issued: January 30, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-2402 Filed 2-4-09; 8:45 am]
BILLING CODE 7020-02-P