Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof from Japan: Amended Final Results of Antidumping Duty Administrative Reviews, 58185 [E5-5460]

Download as PDF Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Notices DEPARTMENT OF COMMERCE International Trade Administration A–588–804 Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof from Japan: Amended Final Results of Antidumping Duty Administrative Reviews Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 27, 2005, the United States Court of International Trade (CIT) affirmed the Department of Commerce’s (the Department’s) redetermination on remand of the final results of the antidumping duty administrative reviews on antifriction bearings (other than tapered roller bearings) and parts thereof from Japan. See NSK Ltd. v. United States, Consol. Court No. 98–07– 02527, slip op 05–77 (CIT 2005). The Department is now issuing these amended final results reflecting the court’s decision. EFFECTIVE DATE: October 5, 2005. FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Richard Rimlinger, AD/CVD Operations, Office 5, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–5760 or (202) 482– 4477, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 18, 1998, the Department published the final results of administrative reviews of the antidumping duty orders on antifriction bearings (other than tapered roller bearings) and parts thereof from Japan for the period May 1, 1996, through April 30, 1997. See Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof from France, et al.; Final Results of Antidumping Duty Administrative Reviews, 63 FR 33320 (June 18, 1998). NSK Ltd. and NSK Corporation (hereafter ‘‘NSK’’) filed a lawsuit challenging the final results. On July 8, 2002, the CIT affirmed the Department’s decision to classify NSK’s repacking expenses as a selling expense under section 772(d)(1)(B) of the Tariff Act of 1930, as amended (the Act). See NSK Ltd. v. United States, 217 F. Supp. 2d 1291 (CIT 2002). NSK appealed the CIT’s judgment to the United States Court of Appeals for the Federal Circuit (CAFC). The CAFC vacated and remanded the Department’s decision to classify NSK’s repacking expenses as selling expenses and not VerDate Aug<31>2005 16:46 Oct 04, 2005 Jkt 208001 movement expenses under section 772(d)(1)(B) of the Act. On February 18, 2005, pursuant to the CAFC’s decision, the CIT remanded this case to the Department to revisit its classification of U.S. repacking expenses as selling expenses and provide an explanation for the inconsistent treatment of U.S. repacking expense, U.S. warehousing expense, and U.S. expense for shipping from warehouse to customer. See NSK Ltd. v. United States, Consol. Court No. 98–07–02527, slip op. 05–26 (CIT 2005). In accordance with the CIT’s remand order in NSK Ltd., slip op. 05–26, the Department filed its remand results on May 18, 2005. In those remand results, the Department reclassified repacking expenses as movement expenses and recalculated NSK’s margins accordingly. On June 27, 2005, the CIT affirmed the Department’s final results of remand redetermination in their entirety. See NSK Ltd., slip op 05–77. On July 14, 2005, the Department published Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof from Japan: Notice of Court Decision Not in Harmony, 70 FR 40688 (July 14, 2005). There was no appeal of the CIT’s decision to the CAFC within the appeal period. Therefore, the CIT’s decision is now final and conclusive. Amendment to Final Results We are now amending the final results of these reviews to reflect the final and conclusive decision of the court. The changes to our calculations with respect to NSK resulted in a change in the weighted–average margin for ball bearings from 2.35 percent to 2.34 percent and a change in the weighted–average margin for cylindrical roller bearings from 2.21 percent to 2.19 percent for the period of review. The Department will instruct U.S. Customs and Border Protection to liquidate entries of the ball bearings and cylindrical roller bearings from Japan produced by, exported to, or imported into the United States by NSK during the review period at the assessment rates the Department calculated for these amended final results of reviews. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: September 29, 2005. Barbara E. Tillman, Acting Assistant Secretaryfor Import Administration. [FR Doc. E5–5460 Filed 10–4–05; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 58185 DEPARTMENT OF COMMERCE International Trade Administration (A–570–836) Glycine from the People’s Republic of China; Final Results of the Expedited Sunset Review of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 1, 2005, the Department of Commerce (‘‘the Department’’) initiated a sunset review of the antidumping duty order on glycine from the People’s Republic of China pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Five-year (Sunset) Reviews, 70 FR 31423 (June 1, 2005). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of the domestic interested parties and inadequate response from respondent interested parties (in this case, no response), the Department conducted an expedited sunset review of the antidumping duty order pursuant to section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(B) of the Department’s regulations. As a result of this sunset review, the Department finds that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. EFFECTIVE DATE: October 5, 2005. FOR FURTHER INFORMATION CONTACT: Maureen Flannery, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1388. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 1, 2005, the Department initiated a sunset review of the antidumping duty order on glycine from the People’s Republic of China pursuant to section 751(c) of the Act. See Initiation of Five-year (Sunset) Reviews, 70 FR 31423 (June 1, 2005). The Department received a Notice of Intent to Participate from the following domestic interested parties: the Glycine Fair Trade Committee (‘‘Committee’’), an ad hoc coalition of domestic producers, and its individual members, Hampshire Chemical Corp. and Chattem Chemicals, Inc. (collectively ‘‘the domestic interested parties’’), within the deadline specified in 19 CFR E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

[Federal Register Volume 70, Number 192 (Wednesday, October 5, 2005)]
[Notices]
[Page 58185]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5460]



[[Page 58185]]

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DEPARTMENT OF COMMERCE

International Trade Administration

A-588-804


Antifriction Bearings (Other Than Tapered Roller Bearings) and 
Parts Thereof from Japan: Amended Final Results of Antidumping Duty 
Administrative Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 27, 2005, the United States Court of International 
Trade (CIT) affirmed the Department of Commerce's (the Department's) 
redetermination on remand of the final results of the antidumping duty 
administrative reviews on antifriction bearings (other than tapered 
roller bearings) and parts thereof from Japan. See NSK Ltd. v. United 
States, Consol. Court No. 98-07-02527, slip op 05-77 (CIT 2005). The 
Department is now issuing these amended final results reflecting the 
court's decision.

EFFECTIVE DATE: October 5, 2005.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Richard Rimlinger, 
AD/CVD Operations, Office 5, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202) 482-5760 or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 18, 1998, the Department published the final results of 
administrative reviews of the antidumping duty orders on antifriction 
bearings (other than tapered roller bearings) and parts thereof from 
Japan for the period May 1, 1996, through April 30, 1997. See 
Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts 
Thereof from France, et al.; Final Results of Antidumping Duty 
Administrative Reviews, 63 FR 33320 (June 18, 1998). NSK Ltd. and NSK 
Corporation (hereafter ``NSK'') filed a lawsuit challenging the final 
results. On July 8, 2002, the CIT affirmed the Department's decision to 
classify NSK's repacking expenses as a selling expense under section 
772(d)(1)(B) of the Tariff Act of 1930, as amended (the Act). See NSK 
Ltd. v. United States, 217 F. Supp. 2d 1291 (CIT 2002).
    NSK appealed the CIT's judgment to the United States Court of 
Appeals for the Federal Circuit (CAFC). The CAFC vacated and remanded 
the Department's decision to classify NSK's repacking expenses as 
selling expenses and not movement expenses under section 772(d)(1)(B) 
of the Act. On February 18, 2005, pursuant to the CAFC's decision, the 
CIT remanded this case to the Department to revisit its classification 
of U.S. repacking expenses as selling expenses and provide an 
explanation for the inconsistent treatment of U.S. repacking expense, 
U.S. warehousing expense, and U.S. expense for shipping from warehouse 
to customer. See NSK Ltd. v. United States, Consol. Court No. 98-07-
02527, slip op. 05-26 (CIT 2005). In accordance with the CIT's remand 
order in NSK Ltd., slip op. 05-26, the Department filed its remand 
results on May 18, 2005. In those remand results, the Department 
reclassified repacking expenses as movement expenses and recalculated 
NSK's margins accordingly.
    On June 27, 2005, the CIT affirmed the Department's final results 
of remand redetermination in their entirety. See NSK Ltd., slip op 05-
77. On July 14, 2005, the Department published Antifriction Bearings 
(Other Than Tapered Roller Bearings) and Parts Thereof from Japan: 
Notice of Court Decision Not in Harmony, 70 FR 40688 (July 14, 2005). 
There was no appeal of the CIT's decision to the CAFC within the appeal 
period. Therefore, the CIT's decision is now final and conclusive.

Amendment to Final Results

    We are now amending the final results of these reviews to reflect 
the final and conclusive decision of the court. The changes to our 
calculations with respect to NSK resulted in a change in the weighted-
average margin for ball bearings from 2.35 percent to 2.34 percent and 
a change in the weighted-average margin for cylindrical roller bearings 
from 2.21 percent to 2.19 percent for the period of review. The 
Department will instruct U.S. Customs and Border Protection to 
liquidate entries of the ball bearings and cylindrical roller bearings 
from Japan produced by, exported to, or imported into the United States 
by NSK during the review period at the assessment rates the Department 
calculated for these amended final results of reviews.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: September 29, 2005.
Barbara E. Tillman,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E5-5460 Filed 10-4-05; 8:45 am]
BILLING CODE 3510-DS-S
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