[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Notices]
[Pages 41761-41763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17899]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


Ball Bearings and Parts Thereof From Japan and the United 
Kingdom: Revocation of Antidumping Duty Orders

AGENCY: Department of Commerce, Import Administration, International 
Trade Administration.
SUMMARY: The Department of Commerce (the Department) is revoking the 
antidumping duty orders on ball bearings and parts thereof from Japan 
and the United Kingdom.

DATES: Effective Date: July 16, 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 
U.S. International Trade Commission (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); 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

[[Page 41762]]

antidumping duty 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 antidumping 
duty orders on ball bearings and parts thereof from Japan and the 
United Kingdom, 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. appealed to the Court of 
International Trade (CIT), challenging the ITC determinations on 
certain ball bearings and parts thereof from Japan and the United 
Kingdom.
    In its third and fourth remand determinations,\1\ 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). The CIT stayed the effect of its judgment 
temporarily but lifted the stay on May 13, 2011. On May 17, 2011, the 
Court of Appeals for the Federal Circuit issued a temporary stay of the 
judgment in NSK Corp. v. United States, Court Nos. 2011-1362, -1382, -
1383 (Fed. Cir. May 17, 2011).
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    \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), and 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).
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    On June 17, 2011, in response to the CIT's entry of judgment in 
NSK, the Department published notice of a court decision not in harmony 
with a Department determination, thereby suspending liquidation of all 
entries of subject merchandise 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. See Ball Bearings and 
Parts Thereof From Japan and the United Kingdom: Notice of Court 
Decision Not in Harmony with Continuation of Antidumping Duty Orders, 
76 FR 35401 (June 17, 2011) (Timken Notice).
    On July 6, 2011, the Federal Circuit's stay lifted. See NSK v. 
United States, Nos. 2011-1362, -1382, -1383, -1454 (Fed. Cir. July 6, 
2011). Therefore, pursuant to the CIT's judgment in NSK, the Department 
is revoking the antidumping duty orders on ball bearings and parts 
thereof from Japan and the United Kingdom.

Scope of the Orders

    The products covered by the orders are ball bearings and parts 
thereof. These products include all antifriction bearings that employ 
balls as the rolling element. Imports of these products are classified 
under the following categories: Antifriction balls, ball bearings with 
integral shafts, ball bearings (including radial ball bearings) and 
parts thereof, and housed or mounted ball bearing units and parts 
thereof.
    Imports of these products are classified under the following 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 
3926.90.45, 4016.93.10, 4016.93.50, 6909.19.50.10, 8414.90.41.75, 
8431.20.00, 8431.39.00.10, 8482.10.10, 8482.10.50, 8482.80.00, 
8482.91.00, 8482.99.05, 8482.99.35, 8482.99.25.80, 8482.99.65.95, 
8483.20.40, 8483.20.80, 8483.30.40, 8483.30.80, 8483.50.90, 8483.90.20, 
8483.90.30, 8483.90.70, 8708.50.50, 8708.60.50, 8708.60.80, 8708.93.30, 
8708.93.60.00, 8708.99.06, 8708.99.31.00, 8708.99.40.00, 8708.99.49.60, 
8708.99.58, 8708.99.80.15, 8708.99.80.80, 8803.10.00, 8803.20.00, 
8803.30.00, 8803.90.30, 8803.90.90, 8708.30.50.90, 8708.40.75.70, 
8708.40.75.80, 8708.50.79.00, 8708.50.89.00, 8708.50.91.50, 
8708.50.99.00, 8708.70.60.60, 8708.80.65.90, 8708.93.75.00, 8708.94.75, 
8708.95.20.00, 8708.99.55.00, 8708.99.68, and 8708.99.81.80.
    Although the HTSUS item numbers above are provided for convenience 
and customs purposes, the written descriptions of the scope of the 
orders remain dispositive.
    The size or precision grade of a bearing does not influence whether 
the bearing is covered by one of the orders. The orders cover all the 
subject bearings and parts thereof (inner race, outer race, cage, 
rollers, balls, seals, shields, etc.) outlined above with certain 
limitations. With regard to finished parts, all such parts are included 
in the scope of the orders. For unfinished parts, such parts are 
included if they have been heat-treated or if heat treatment is not 
required to be performed on the part. Thus, the only unfinished parts 
that are not covered by the orders are those that will be subject to 
heat treatment after importation. The ultimate application of a bearing 
also does not influence whether the bearing is covered by the orders. 
Bearings designed for highly specialized applications are not excluded. 
Any of the subject bearings, regardless of whether they may ultimately 
be utilized in aircraft, automobiles, or other equipment, are within 
the scope of the orders.

Revocation

    Pursuant to the Federal Circuit's decision in Diamond Sawblades \2\ 
and the CIT's decision in NSK affirming the ITC's determinations that 
the revocation of the orders is not likely to lead to the continuation 
or recurrence of material injury within a reasonably foreseeable time, 
the Department is revoking the antidumping duty orders on ball bearings 
and parts thereof from Japan and the United Kingdom pursuant to section 
751(d) of the Act. As a result of this revocation, the Department is 
discontinuing all unfinished administrative reviews immediately and 
will not initiate any new administrative reviews of the orders.
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    \2\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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    Furthermore, the Department will instruct U.S. Customs and Border 
Protection to discontinue the collection of cash deposits for estimated 
antidumping duties, effective July 16, 2011, which is 10 days after the 
Federal Circuit lifted the temporary stay.
    As explained in the Timken Notice and pursuant to Timken,\3\ 
Hosiden,\4\ and

[[Page 41763]]

Diamond Sawblades, the suspension of liquidation on all entries of ball 
bearings and parts thereof from Japan and the United Kingdom entered, 
or withdrawn from warehouse, for consumption on or after July 11, 2005, 
that remained unliquidated and not deemed liquidated as of April 30, 
2011, will continue until there is a ``final and conclusive'' court 
decision.
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    \3\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \4\ See Hosiden Corp. v. United States, 861 F. Supp. 115 (Fed. 
Cir. 1994) (Hosiden).
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    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning destruction or conversion to judicial protective order of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Failure to comply is a violation of the APO which may be 
subject to sanctions.
    These revocations pursuant to five-year (sunset) reviews are in 
accordance with sections 751(c) and 751(d)(2) of the Act and this 
notice is published pursuant to section 777(i)(1) of the Act.

    Dated: July 11, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-17899 Filed 7-14-11; 8:45 am]
BILLING CODE 3510-DS-P