[Federal Register Volume 74, Number 202 (Wednesday, October 21, 2009)]
[Notices]
[Pages 54070-54071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25244]


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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 its second remand proceedings with respect to 
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 14, 2009.

FOR FURTHER INFORMATION CONTACT: James 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 unanimously 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 (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) (NSK I). In its opinion, the 
Court issued an order instructing the Commission to (1) ``[C]onduct 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 re-
opened its record to obtain information to conduct a Bratsk analysis of 
non-subject imports as outlined in the Court's opinion. The Commission 
also permitted 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 CIT 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 CIT 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. NSK Corp. et 
al. v. United States, Slip Op. 08-145

[[Page 54071]]

(Dec. 29, 2008) (NSK II). Accordingly, on February 6, 2009, the 
Commission published a notice that it was resuming its remand 
proceeding. The Commission provided parties with an opportunity to file 
comments on the Court's remand instructions and the evidence obtained 
on remand, and directed that they be filed by March 23, 2009. 74 FR 
6174.
    The Commission also prepared a supplemental staff report regarding 
non-subject producer questionnaire information gathered in the remand 
proceeding. On March 23, 2009, comments on the remand were filed by 
petitioner The Timken Company, and the Japanese and United Kingdom 
respondents JTEKT Corp., Koyo Corp. of U.S.A., NSK Corporation, NSK 
Ltd., and NSK Europe Ltd. On May 4, 2009, the Commission issued its 
remand determinations in Ball Bearings from Japan and the United 
Kingdom, 731-TA-394A & 399A, (Second Review) (Remand), USITC Pub. 4082 
(May 2009). By unanimous vote, the Commission again determined that 
revocation of the antidumping duty orders on ball bearings from France, 
Germany, Italy, Japan, and the United Kingdom would likely result in 
continuation or recurrence of material injury within a reasonably 
foreseeable time.
    On August 31, 2009, the CIT issued an opinion in NSK Corp. et al. 
v. United States, Slip Op. 09-91 (NSK III), again remanding the 
Commission's affirmative determinations in Certain Bearings and Parts 
Thereof from Japan and the United Kingdom, Inv. Nos. 731-TA-394-A & 
399-A (Second Review) (Remand), USITC Pub. 4082 (May 2009). In NSK III, 
the Court has remanded the same three issues which it previously 
remanded for further explanation in NSK I and NSK II. First, the Court 
remanded the Commission's analysis of non-subject imports, with 
instructions to ``to determine whether, in light of the significant 
presence of non-subject imports, the subject imports are more than a 
mere minimal or tangential factor in the material injury to the 
domestic industry that is likely to continue or recur in the absence of 
the antidumping duty order.'' NSK III at 29. Second, the Court directed 
the Commission to ``provide a more careful and reasoned explanation of 
(1) the large scale restructuring within the ball bearing industry and 
(2) the significant rise in non-subject imports in the U.S. market'' as 
part of its cumulation analysis of the subject imports from the United 
Kingdom. Id. Third, the Court directed the Commission to ``revisit its 
determination on the vulnerability of the domestic market and the 
likely impact of subject imports on the domestic market.'' Id. at 30.
    The Court has ordered the Commission to file its remand 
determination with the Court by January 5, 2010.
    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, unless they are adding new individuals to the list of 
persons entitled to receive business proprietary information under 
administrative protective order. 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 not re-opening the record 
in this remand proceeding. 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. No appendices or other attachments are allowed. 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 October 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 investigation must be 
served on all other 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.

    Issued: October 14, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-25244 Filed 10-20-09; 8:45 am]
BILLING CODE 7020-02-P