[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Notices]
[Pages 19045-19046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9524]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-801]


Ball Bearings and Parts Thereof From Germany: Amended Final 
Results of Antidumping Duty Administrative Review Pursuant to a Court 
Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 29, 2007, the United States Court of International 
Trade (CIT) affirmed the redetermination of the Department of Commerce 
(the Department) on voluntary remand of the final results of the 
administrative review of the antidumping duty order on ball bearings 
and parts thereof from Germany. See Paul M[uuml]ller Industrie GmbH & 
Co. v. United States, 502 F. Supp. 2d 1271 (CIT 2007). The Department 
is amending the final results of the administrative review of the 
antidumping duty order on ball bearings and parts thereof from Germany 
covering the period of review May 1, 2002, through April 30, 2003, to 
reflect the CIT's order.

DATES: Effective Date: April 27, 2009.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun 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-
5760 or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 15, 2004, the Department published the final results 
of the administrative review of the antidumping duty order on ball 
bearings and parts thereof from Germany for the period May 1, 2002, 
through April 30, 2003. See Antifriction Bearings and Parts Thereof 
From France, et al.: 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) 
(Final Results). The Final Results were amended in Ball Bearings and 
Parts Thereof From Germany; Amended Final Results of Antidumping Duty 
Administrative Review, 69 FR 63507 (November 2, 2004) (Amended Final 
Results).
    Paul M[uuml]ller Industrie GmbH & Co. (Paul M[uuml]ller) and Timken 
US Corporation\1\ filed lawsuits challenging the Final Results as 
amended by the Amended Final Results. The Department requested a 
voluntary remand on two issues. On May 26, 2006, the CIT granted the 
Department's request and ordered the Department to correct a 
ministerial error involving a billing adjustment reported by Paul 
M[uuml]ller for one home-market transaction, and to recalculate its 
antidumping margin accordingly, and explain its treatment of Paul 
M[uuml]ller's inventory carrying costs. See Paul M[uuml]ller Industrie 
GmbH & Co. v. United States, 435 F. Supp. 2d 1241, 1246-47 (CIT 2006) 
(Paul M[uuml]ller 2006)
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    \1\ Timken US Corporation is currently known as the Timken 
Company.
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    In accordance with the CIT's remand order in Paul M[uuml]ller 2006, 
the Department filed its redetermination on remand of the final results 
(remand results) on September 13, 2006. In its remand results, the 
Department corrected the ministerial error and made a change to its 
treatment of the inventory carrying costs to ensure that home-market 
and U.S. inventory carrying costs were calculated on a consistent 
basis. On June 29, 2007, the CIT affirmed the Department's remand 
results. See Paul M[uuml]ller Industrie GmbH & Co. v. United States, 
502 F. Supp. 2d 1271 (CIT 2007).

Amended Final Results of the Review

    Based on the remand results, we are amending the weighted-average 
margin for Paul M[uuml]ller for the period May 1, 2002, through April 
30, 2003, from 0.44 percent to 0.46 percent.

Assessment of Duties

    The Department has determined, and U.S. Customs and Border 
Protection shall assess, antidumping duties on all appropriate entries 
covered by these amended final results.

Notifications

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to

[[Page 19046]]

liquidation of the relevant entries during this review period. Failure 
to comply with this requirement could result in the Department's 
presumption that reimbursement of antidumping duties occurred and the 
subsequent assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the APO itself. See 19 CFR 351.305(a)(3). Timely 
written notification of the destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.
    We are issuing and publishing these amended final results of 
administrative review in accordance with sections 751(a)(1) and 777(i) 
of the Tariff Act of 1930, as amended.

    Dated: April 21, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-9524 Filed 4-24-09; 8:45 am]
BILLING CODE 3510-DS-S