[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Notices]
[Pages 35401-35402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15128]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-804, A-412-801]


Ball Bearings and Parts Thereof From Japan and the United 
Kingdom: Notice of Court Decision Not in Harmony With Continuation of 
Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On June 1, 2005, the Department of Commerce (the Department) 
initiated and the International Trade Commission (ITC) instituted the 
second sunset reviews of the antidumping duty orders on ball bearings 
and parts thereof from Japan and the United Kingdom. On April 20,

[[Page 35402]]

2011, the Court of International Trade (CIT) entered its final judgment 
sustaining the ITC's remand redetermination that revocation of the 
antidumping duty orders on ball bearings and parts thereof from Japan 
and the United Kingdom would not be likely to lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.

DATES: Effective Date: April 30, 2011.

FOR FURTHER INFORMATION CONTACT: Sandra Stewart 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-
0768 or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 15, 1989, the Department published the antidumping duty 
orders on ball bearings and parts thereof from Japan and the United 
Kingdom (collectively, the orders) in the Federal Register. See 
Antidumping Duty Orders: Ball Bearings, Cylindrical Roller Bearings, 
and Spherical Plain Bearings, and Parts Thereof From Japan, 54 FR 20904 
(May 15, 1989), and Antidumping Duty Orders and Amendments to the Final 
Determinations of Sales at Less Than Fair Value: Ball Bearings, and 
Cylindrical Roller Bearings and Parts Thereof From the United Kingdom, 
54 FR 20910 (May 15, 1989). Pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act), the Department initiated and the ITC 
instituted the second sunset reviews of the orders on June 1, 2005. See 
Initiation of Five-Year (``Sunset'') Reviews, 70 FR 31423 (June 1, 
2005), and Certain Bearings From China, France, Germany, Italy, Japan, 
Singapore, and the United Kingdom, 70 FR 31531 (June 1, 2005). See also 
19 CFR 351.218. As a result of its reviews, the Department found that 
revocation of the orders would be likely to lead to the continuation or 
recurrence of dumping and notified the ITC of the magnitude of the 
margins likely to prevail were the orders to be revoked. See 
Antifriction Bearings and Parts Thereof From France, Germany, Italy, 
and the United Kingdom; Five-Year Sunset Reviews of Antidumping Duty 
Orders; Final Results, 70 FR 58183 (October 5, 2005), Ball Bearings and 
Parts Thereof From Japan and Singapore; Five-Year Sunset Reviews of 
Antidumping Duty Orders; Final Results, 71 FR 26321 (May 4, 2006), and 
Ball Bearings and Parts Thereof From Japan; Five-Year Sunset Review of 
Antidumping Duty Order: Amended Final Results, 71 FR 30378 (May 26, 
2006).
    On August 31, 2006, the ITC published its determination that, 
pursuant to section 751(c) of the Act, revocation of the orders, among 
others, would be likely to lead to the continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time. See Certain Bearings From China, France, Germany, 
Italy, Japan, Singapore, and the United Kingdom, 71 FR 51850 (August 
31, 2006), and ITC Publication 3876 (August 2006) entitled Certain 
Bearings from China, France, Germany, Italy, Japan, Singapore, and the 
United Kingdom, Investigation Nos. 731-TA-344, 391-A, 392-A and C, 393-
A, 394-A, 396, and 399-A (Second Review). NSK Corporation, NSK Ltd., 
and NSK Europe Ltd. and JTEKT Corporation and Koyo Corporation of 
U.S.A. filed appeals of this determination with the CIT.
    In its third \1\ and fourth \2\ remand determinations, the ITC 
found that revocation of the orders would not be likely to lead to the 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time. On April 20, 2011, 
the CIT affirmed the ITC's fourth remand and entered judgment in the 
case. See NSK v. United States, Court No. 06-334, Slip Op. 11-43 (CIT 
April 20, 2011) (NSK). Therefore, there is now a final CIT decision in 
the case sustaining negative injury determinations concerning ball 
bearings and parts thereof from the United Kingdom and Japan.\3\ Id.
---------------------------------------------------------------------------

    \1\ See ITC Publication 4194, Ball Bearings and Parts Thereof 
From Japan and the United Kingdom, Investigation Nos. 731-TA-394A 
and 399A (Second Review) (Third Remand) (August 2010).
    \2\ See ITC Publication 4223, Certain Ball Bearings and Parts 
Thereof From Japan and the United Kingdom, Investigation Nos. 394-A 
and 399-A (Second Review) (Fourth Remand) (March 2011).
    \3\ Although the CIT issued a temporary stay of the effect of 
its judgment, it lifted the stay on May 13, 2011. On May 17, 2011, 
the Federal Circuit issued a temporary stay of the judgment in this 
case. NSK Corp. v. United States, Court Nos. 2011-1362, -1382, -1383 
(May 17, 2011). The Department will not revoke the applicable orders 
while the stay remains in place.
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken Co. v. United States, 893 F.2d 337, 341 
(Fed. Cir. 1990), the Court of Appeals for the Federal Circuit held 
that, pursuant to section 516A(c)(1) of the Act, the Department must 
publish a notice of a court decision that is not ``in harmony'' with a 
Department determination and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The April 20, 2011, decision 
by the CIT in NSK constitutes a final CIT decision that is not in 
harmony with the Department's continuation of the orders (Tapered 
Roller Bearings and Parts Thereof From the People's Republic of China 
and Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, 
and the United Kingdom: Continuation of Antidumping Duty Orders, 71 FR 
54469 (September 15, 2006)). This notice is published in fulfillment of 
the publication requirement in Timken.
    Accordingly, the Department intends to issue instructions to U.S. 
Customs and Border Protection to suspend liquidation of all 
unliquidated entries of subject merchandise from Japan and the United 
Kingdom which are entered, or withdrawn from warehouse, for consumption 
on or after July 11, 2005, the five-year anniversary date of the 
continuation of the orders. See Continuation of Antidumping Duty 
Orders: Certain Bearings From France, Germany, Italy, Japan, Singapore, 
the United Kingdom and the People's Republic of China, 65 FR 42665 
(July 11, 2000), and 19 CFR 351.222(i)(2). Pursuant to Timken, all 
entries entered, or withdrawn from warehouse, for consumption on or 
after July 11, 2005, that remain unliquidated and not deemed liquidated 
as of April 30, 2011, will be suspended during the pendency of the 
appeals process so that they may be liquidated at the court-approved 
rate after a ``conclusive'' court decision.
    This notice is published pursuant to section 516A(c)(1) of the Act.

    Dated: June 10, 2011.
Ronald K. Lorentzen
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-15128 Filed 6-16-11; 8:45 am]
BILLING CODE 3510-DS-P