[Federal Register Volume 85, Number 107 (Wednesday, June 3, 2020)]
[Notices]
[Pages 34180-34181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11953]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-412-801]


Ball Bearings and Parts Thereof From the United Kingdom: Third 
Amended Final Results of Antidumping Duty Administrative Review 
Pursuant to Court Decision; 2010-2011

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On March 26, 2020, the United States Court of International 
Trade (CIT) sustained the October 2019 final results of redetermination 
pertaining to the administrative review of the antidumping duty order 
on ball bearings and parts thereof (ball bearings) from the United 
Kingdom covering the period May 1, 2010 through April 30, 2011. The 
Department of Commerce (Commerce) is, therefore, amending the final 
results with respect to Bayerische Motoren Werke AG (BMW).

DATES: Applicable June 3, 2020.

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, Commerce published the Final Results in the 
above-referenced administrative review.\1\ Commerce selected the 
highest rate from the petition (254.25 percent) as the weighted-average 
dumping margin for 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 Commerce either: (1) Provide 
a new corroboration analysis for the selected petition rate that is 
consistent with Commerce's obligations and the Court's opinion; or (2) 
determine a new AFA rate consistent with Commerce'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), amended in 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) (Final Results).
    \2\ See BMW of North America LLC v. United States, Court No. 15-
00052, Slip Op. 17-22 (CIT March 2, 2017) (First Remand).
    \3\ See First Remand at 12-17.
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    On May 12, 2017, Commerce issued its final results of 
redetermination pursuant to remand, in accordance with the CIT's 
order.\4\ On remand, Commerce determined a new AFA rate of 126.44 
percent for BMW, consistent with the First Remand. On August 23, 2017, 
the CIT sustained Commerce's First Redetermination.\5\ On September 2, 
2017, Commerce published the Second Amended Final Results in the 
Federal Register.\6\
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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 (First Redetermination).
    \5\ See BMW of North America LLC v. United States, Slip Op. 17-
109, Consol. Court No. 15-00052 (CIT 2017).
    \6\ See 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, 82 FR 42296 (September 2, 2017) (Second 
Amended Final Results).
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    The CIT's ruling was appealed to the U.S. Court of Appeals for the 
Federal Circuit (CAFC). On appeal, the CAFC concluded that ``Commerce 
did not set forth its reasoning in sufficient detail to allow review of 
whether the selected AFA rate was unduly punitive'' and remanded the 
case.\7\ Based on the CAFC's decision, the CIT issued the Second Remand 
on July 3, 2019.\8\
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    \7\ See BMW of North America LLC v. United States, 926 F.3d 
1291, 1293 and 1302 (CAFC May 9, 2019).
    \8\ See BMW of North America LLC v. United States, Court No. 15-
00052 Order at 1 (CIT July 3, 2019) (Second Remand).
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    On October 1, 2019, Commerce issued its final results of 
redetermination in accordance with the Second Remand.\9\ On remand, 
Commerce determined a new AFA rate of 61.14 percent for BMW, consistent 
with the Second Remand. On March 26, 2020, the CIT sustained Commerce's 
Second Redetermination.\10\
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    \9\ See Results Of Remand Redetermination, BMW of North America 
LLC v. United States, Court No. 2018-1109, dated October 1, 2019 
(Second Redetermination).
    \10\ See BMW of North America LLC v. United States, Slip Op. 20-
41, Consol. Court No. 15-00052 (CIT March 26, 2020).
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Amended Final Results

    Because there is now a final court decision, Commerce 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)
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Bayerische Motoren Werke AG................................       61.14
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Liquidation and Assessment of Antidumping Duties

    In the event the CIT's ruling is not appealed, or if it is appealed 
and upheld by a final and conclusive court decision, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to assess antidumping 
duties at a rate equal to the weighted-average dumping margin listed 
above for all entries of subject merchandise during the period May 1, 
2010 through April 30, 2011, that were produced and/or exported by BMW.

[[Page 34181]]

Cash Deposit Requirements

    Because we revoked the antidumping duty order on ball bearings and 
parts thereof from the United Kingdom effective September 15, 2011, no 
cash deposits for estimated antidumping duties on future entries of 
subject merchandise are required.\11\
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    \11\ 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. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until May 19, 2020, unless 
extended.\12\
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    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020).

    Dated: March 31, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-11953 Filed 6-2-20; 8:45 am]
 BILLING CODE 3510-DS-P