[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Page 42296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18978]



[[Page 42296]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-412-801]


Ball Bearings and Parts Thereof From the United Kingdom: Notice 
of Court Decision Not in Harmony With Amended Final Results and Notice 
of Second Amended Results of Antidumping Duty Administrative Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 23, 2017, the United States Court of International 
Trade (CIT) entered final judgment sustaining the final results of 
remand redetermination pursuant to court order by the Department of 
Commerce (Department) pertaining to the antidumping duty administrative 
review of the order on ball bearings and parts thereof (ball bearings) 
from the United Kingdom for the period May 1, 2010, through April 30, 
2011. The Department is notifying the public that the final judgment in 
this case is not in harmony with the Department's final results, as 
amended, in the administrative review of ball bearings from the United 
Kingdom.

DATES: September 2, 2017.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-0410.

SUPPLEMENTARY INFORMATION: 

Background

    On January 27, 2015, the Department published the Final Results in 
the above-referenced administrative review.\1\ The Department selected 
the highest rate from the petition (254.25 percent) as the dumping 
margin for Bayerische Motoren Werke AG (BMW), based on adverse facts 
available (AFA). BMW of North America LLC appealed the Final Results to 
the CIT, and on March 2, 2017, the CIT remanded the Final Results.\2\ 
Specifically, the CIT remanded the Final Results, directing that the 
Department either: (1) Provide a new corroboration analysis for the 
selected petition rate that is consistent with the Department's 
obligations and the Court's opinion; or (2) determine a new AFA rate 
consistent with the Department's obligations and the Court's 
opinion.\3\
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    \1\ See Ball Bearings and Parts Thereof from Japan and the 
United Kingdom: Final Results of Antidumping Duty Administrative 
Reviews; 2010-2011, 80 FR 4248 (January 27, 2015); as amended, Ball 
Bearings and Parts Thereof from the United Kingdom: Amended Final 
Results of Antidumping Duty Administrative Review; 2010-2011, 80 FR 
9694 (February 24, 2015) (collectively, Final Results).
    \2\ See BMW of North America LLC v. United States, Court No. 15-
00052, Slip Op. 17-22 (CIT March 2, 2017) (Remand Order).
    \3\ See Remand Order at 12-17.
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    On May 12, 2017, the Department issued its final results of 
redetermination pursuant to remand.\4\ On remand, the Department 
determined a new AFA rate of 126.44 percent for BMW, consistent with 
the Remand Order. On August 23, 2017, the CIT sustained the 
Department's Final Redetermination.\5\
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    \4\ See Results Of Remand Redetermination, BMW of North America 
LLC v. United States, Court No. 15-00052, Slip Op. 17-22, dated May 
12, 2017 (Final Redetermination).
    \5\ See BMW of North America LLC v. United States, Court No. 15-
00052, Slip Op. 17-109 (CIT August 23, 2017).
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Timken Notice

    In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\ 
the Court of Appeals for the Federal Circuit held that, pursuant to 
section 516A(c) of the Tariff Act of 1930, as amended (the Act), the 
Department must publish a notice of court decision that is not ``in 
harmony'' with a Department determination and must suspend liquidation 
of entries pending a ``conclusive'' court decision. The CIT's August 
23, 2017, judgment constitutes a final decision of that court that is 
not in harmony with the Department's Final Results. This notice is 
published in fulfillment of the publication requirements of Timken. 
Accordingly, the Department will continue the suspension of liquidation 
of the subject merchandise pending the expiration of the period of 
appeal, or if appealed, pending a final and conclusive court decision.
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    \6\ See Timken Co. v. United States, 893 F.2d. 337 (Fed. Cir. 
1990) (Timken).
    \7\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d. 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Second Amended Final Results

    Because there is now a final court decision, the Department is 
amending the Final Results with respect to BMW. The revised weighted-
average dumping margin for BMW for the period May 1, 2010, through 
April 30, 2011, is as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Bayerische Motoren Werke AG................................      126.44
------------------------------------------------------------------------

    In the event the Court's ruling is not appealed, or if it is 
appealed and upheld by a final and conclusive court decision, the 
Department will instruct U.S. Customs and Border Protection to assess 
antidumping duties at a rate equal to the weighted-average dumping 
margin listed above to all entries of subject merchandise produced and/
or exported by BMW.

Cash Deposit Requirements

    On March 26, 2014, the Department revoked the antidumping duty 
order on ball bearings and parts thereof from the United Kingdom, 
effective as of September 15, 2011.\8\ Therefore, no cash deposit 
requirements will be imposed as a result of these second amended final 
results.
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    \8\ See Ball Bearings and Parts Thereof from Japan and the 
United Kingdom: Final Results of Sunset Reviews and Revocation of 
Antidumping Duty Orders, 79 FR 16771 (March 26, 2014).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 30, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-18978 Filed 9-6-17; 8:45 am]
 BILLING CODE 3510-DS-P