[Federal Register Volume 78, Number 241 (Monday, December 16, 2013)]
[Notices]
[Pages 76104-76106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29839]


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

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 Reinstatement of Antidumping Duty Orders, Resumption 
of Administrative Reviews, and Advance Notification of Sunset Reviews

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.
SUMMARY: On July 15, 2011, pursuant to a decision of the Court of 
International Trade (CIT) that affirmed the International Trade 
Commission's (ITC's) negative injury determinations on remand in the 
second sunset review of the antidumping duty orders on bearings from 
Japan and the United Kingdom, the Department of Commerce (the 
Department) revoked the Orders.\1\ On May 16, 2013, the United States 
Court of Appeals for the Federal Circuit (Federal Circuit) reversed the 
CIT's decision and ordered the CIT to reinstate the ITC's affirmative 
material injury determinations.\2\ Subsequently, on November 18, 2013, 
the CIT issued final judgment reinstating the ITC's affirmative injury 
determinations.\3\ Therefore, the Department is now reinstating the 
Orders. Additionally, the Department is resuming the administrative 
reviews of these orders for the periods May 1, 2009, through April 30, 
2010, and May 1, 2010, through April 30, 2011.
---------------------------------------------------------------------------

    \1\ 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) 
(collectively, Orders).
    \2\ NSK Corp v. United States International Trade Commission, 
716 F.3d 1352 (Fed. Cir. 2013) (NSK May 2013).
    \3\ NSK Corp. v. United States International Trade Commission, 
Court No. 06-334, Slip Op. 2013-143 (CIT November 18, 2013) (NSK 
November 2013).

---------------------------------------------------------------------------
DATES: Effective Date: November 29, 2013.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Minoo Hatten, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0410 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 15, 1989, the Department published the Orders in the Federal 
Register.\4\ 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.\5\ As a result of 
its sunset 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.\6\
---------------------------------------------------------------------------

    \4\ See Orders.
    \5\ 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.
    \6\ 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.\7\ 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.
---------------------------------------------------------------------------

    \7\ 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).
---------------------------------------------------------------------------

    In its third and fourth remand determinations,\8\ 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.\9\ The CIT stayed the effect of its judgment temporarily but, 
lifted the stay on May 13, 2011.\10\ On May 17, 2011, the Federal 
Circuit issued a temporary stay of the judgment.\11\
---------------------------------------------------------------------------

    \8\ 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).
    \9\ See NSK v. United States, 774 F. Supp. 2d 1296 (CIT 2011) 
(NSK).
    \10\ See NSK Corp. v. United States, 774 F. Supp. 2d 1300 (CIT 
2011).
    \11\ See NSK Corp. v. United States, 422 Fed. Appx. 885 (Fed. 
Cir. 2011).
---------------------------------------------------------------------------

    On June 17, 2011, in response to the CIT's entry of judgment in 
NSK, the Department published a 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 remained 
unliquidated, and not deemed liquidated, as of April 30, 2011.\12\
---------------------------------------------------------------------------

    \12\ 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.\13\ Therefore, 
pursuant to the

[[Page 76105]]

CIT's judgment in NSK, the Department revoked the Orders.\14\ The CIT's 
NSK decision was appealed to the Federal Circuit.
---------------------------------------------------------------------------

    \13\ See NSK v. United States, 431 Fed. Appx. 910 (Fed. Cir. 
2011).
    \14\ See Ball Bearings and Parts Thereof From Japan and the 
United Kingdom: Revocation of Antidumping Duty Orders, 76 FR 41761 
(July 15, 2011) (Revocation Notice).
---------------------------------------------------------------------------

    On May 16, 2013, the Federal Circuit issued a decision reversing 
and vacating the CIT's decision in NSK, ordered the CIT to vacate the 
ITC's negative determination in the Third Remand and Fourth Remand, and 
ordered the CIT to reinstate the ITC's affirmative determination in ITC 
Publication 4131, Ball Bearings and Parts Thereof From Japan and the 
United Kingdom, Investigation Nos. 731-TA-394A and 399A (Second Review) 
(Second Remand) (January 2010).\15\ On November 18, 2013, the CIT 
reinstated the ITC's affirmative determination.\16\
---------------------------------------------------------------------------

    \15\ See NSK May 2013.
    \16\ See NSK November 2013.
---------------------------------------------------------------------------

    Therefore, pursuant to the CIT's November 18, 2013, order 
reinstating the ITC's affirmative material injury determination, the 
Department is reinstating the Orders.

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.

Reinstatement of Antidumping Duty Orders

    Pursuant to the CIT's November 18, 2013, order reinstating the 
ITC's determination that the revocation of the Orders would be likely 
to lead to the continuation or recurrence of material injury within a 
reasonably foreseeable time, the Department is reinstating the Orders 
consistent with section 751(d) of the Act. As a result of this 
reinstatement, the Department will resume discontinued administrative 
reviews of the Orders and intends to initiate new administrative 
reviews of the Orders, if requested.
    Furthermore, the Department will instruct U.S. Customs and Border 
Protection (CBP) to resume the collection of cash deposits for 
estimated antidumping duties at the rates in effect on July 15, 2011, 
the date on which the collection of cash deposits was discontinued.\17\
---------------------------------------------------------------------------

    \17\ See Revocation Notice, 76 FR at 41762-63. We instructed CBP 
to continue the suspension of liquidation of entries pending a 
``final and conclusive'' court decision. Id.
---------------------------------------------------------------------------

Resumption of Administrative Reviews

    As a result of the Revocation Notice, the Department discontinued 
all unfinished administrative reviews of the Orders.\18\ The unfinished 
administrative reviews covered the periods May 1, 2009, through April 
30, 2010, and May 1, 2010, through April 30, 2011.
---------------------------------------------------------------------------

    \18\ See id., 76 FR at 41762.
---------------------------------------------------------------------------

    We are hereby resuming the administrative reviews covering the 
period May 1, 2009, through April 30, 2010. At the time the Orders were 
revoked, we had issued the preliminary results of review for the 
administrative reviews covering the period May 1, 2009, through April 
30, 2010.\19\ Section 751(a)(3)(A) of the Act instructs that ``The 
administering authority shall make . . . a final determination under 
paragraph (1) within 120 days after the date on which the preliminary 
determination is published.'' Accordingly, we intend to issue our final 
results of reviews for the period May 1, 2009, through April 30, 2010, 
no later than 120 days after publication of this notice.
---------------------------------------------------------------------------

    \19\ See Ball Bearings and Parts Thereof From France, Germany, 
Italy, Japan, and the United Kingdom: Preliminary Results of 
Antidumping Administrative and Changed-Circumstances Reviews, 76 FR 
22372 (April 21, 2011). The reviews involving ball bearings and 
parts thereof from France, Germany, and Italy were completed on 
August 24, 2011. See Ball Bearings and Parts Thereof From France, 
Germany, and Italy: Final Results of Antidumping Administrative and 
Changed Circumstances Reviews, 76 FR 52937 (August 24, 2011).
---------------------------------------------------------------------------

    We are also hereby resuming the administrative reviews covering the 
period May 1, 2010 through April 30, 2011. At the time the Orders were 
revoked, we had just initiated the administrative reviews covering the 
period May 1, 2010, through April 30, 2011.\20\ Section 751(a)(3)(A) of 
the Act instructs that ``The administering authority shall make a 
preliminary determination under subparagraph (A), (B), or (C) of 
paragraph (1) within 245 days after the last day of the month in which 
occurs the anniversary of the date of publication of the order, 
finding, or suspension agreement for which the review under paragraph 
(1) is requested.'' Accordingly, we intend to issue our preliminary 
results of reviews for the period May 1, 2010, through April 30, 2011, 
no later than 245 days after publication of this notice. The deadline 
for withdrawing requests for review covering the period May 1, 2010 
through April 30, 2011 will be 90 days

[[Page 76106]]

after the date of publication of this notice.
---------------------------------------------------------------------------

    \20\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 76 FR 
37781 (June 28, 2011). The reviews involving ball bearings and parts 
thereof from France, Germany, and Italy were completed on December 
10, 2012. See Ball Bearings and Parts Thereof From France, Germany, 
and Italy: Final Results of Antidumping Administrative Reviews; 
2010-2011, 77 FR 73415 (December 10, 2012).
---------------------------------------------------------------------------

    Furthermore, Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping Duty 
Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) (Final 
Modification), applies to these administrative reviews.\21\
---------------------------------------------------------------------------

    \21\ See Final Modification, 77 FR at 8113.
---------------------------------------------------------------------------

Subsequent Administrative Reviews

    Each year during the anniversary month of the publication of an 
antidumping or countervailing duty order, finding, or suspended 
investigation, an interested party, as defined in section 771(9) of the 
Act, may request, in accordance with 19 CFR 351.213, that the 
Department conduct an administrative review of that antidumping or 
countervailing duty order, finding, or suspended investigation.
    Subsequent to the Revocation Notice, two anniversary months for 
these orders have passed (May 2012 and May 2013). Therefore, we intend 
to provide interested parties an opportunity to request administrative 
reviews of these Orders. We intend to provide interested parties with 
this opportunity simultaneously with the next anniversary month for 
these Orders (May 2014). If any reviews are requested, we intend to 
conduct the reviews simultaneously.

Advance Notification of Sunset Reviews

    Every five years, pursuant to section 751(c) of the Act, the 
Department and the ITC automatically initiate and conduct a review to 
determine whether revocation of a countervailing or antidumping duty 
order or termination of an investigation suspended under section 704 or 
734 of the Act would be likely to lead to continuation or recurrence of 
dumping or a countervailable subsidy (as the case may be) and of 
material injury. The third sunset reviews of these orders were 
scheduled for initiation in August 2011 but were obviated by the 
Revocation Notice. This notice constitutes advance notification for the 
sunset reviews of these orders which we intend to initiate on January 
2, 2014.\22\
---------------------------------------------------------------------------

    \22\ For information relevant to the Department's conduct of 
sunset reviews, see, e.g., Antidumping or Countervailing Duty Order, 
Finding, or Suspended Investigation; Advance Notification of Sunset 
Reviews, 78 FR 60252 (October 1, 2013).
---------------------------------------------------------------------------

    This notice is published consistent with section 777(i) of the Act.

    Dated: December 9, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-29839 Filed 12-13-13; 8:45 am]
BILLING CODE 3510-DS-P