Ball Bearings and Parts Thereof from Japan: Notice of Court Decision Not in Harmony, 66303-66304 [E6-19186]
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Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / Notices
Director determines are appropriate to
enable the foreign country to fill its
quota allocation for such quota period
in a reasonable manner, taking into
account traditional shipping patterns,
harvesting period, U.S. import
requirements, and other relevant factors.
The information required to be collected
on the CQE is used to monitor and
control the imports of raw can sugar.
Proper completion of the CQE is
mandatory for those foreign
governments that are eligible and elect
to export raw cane sugar to the United
States under the TRQ.
Estimate of burden: The public
reporting burden for the collection
varies in direct relation to the number
of CQEs issued.
Respondents: Foreign governments.
Estimated number of respondents: 40
(i.e., number of countries receiving a
TRQ allocation).
Estimated number of responses per
respondent: 30 per fiscal year.
Estimated total annual reporting
burden: 200 hours.
Requests for Comments: Send
comments regarding (a) Whether the
information collection is necessary for
the proper performance of the functions
of the agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information including validity of the
methodology and assumption used; (c)
ways to enhance the quality, utility and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on those who are to respond, including
through the use of automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
Copies of this information collection
may be obtained from Tamoria
Thompson-Hall, the Agency Information
Collection Coordinator, at (202) 690–
1690.
Comments may be sent to Ron Lord,
Deputy Director, Import Policies and
Programs Division, AgStop 1021, U.S.
Department of Agriculture, Washington,
DC 20250–1021 or telephone (202) 720–
2916 or e-mail Ronald.
Lord@fas.usda.gov. All comments
received will be available for public
inspection in room 5531–S at the above
address. Persons with disabilities who
require an alternative means of
communication for information (Braille,
large print, aduiotape, etc.) should
contact USDA’s target center at (202)
720–2600 (voice and TDD). All
responses to this notice will be
summarized and included in the request
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19:07 Nov 13, 2006
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for OMB approval. All comments also
will become a matter of public record.
FAS is committed to complying with
the Government Paperwork Elimination
Act which requires Government
agencies, to the maximum extent
feasible, to provide the public the
option of electronically submitting
information collection. CQEs permit
exporters to ship raw cane sugar to the
United States at the U.S. price, which is
significantly higher than the world price
for raw cane sugar. Therefore, in
contrast to most information collection
documents, CQEs have a monetary
value equivalent to the substantial
profits to exporters who can fill their
raw cane sugar allocations under the
TRQ. CQEs have always been carefully
handled as secure documents, and
issues only to foreign governmentapproved certifying authorities. The
Department does not plan to make CQEs
available electronically in order to
prevent a potential proliferation of
invalid CQEs, which could undermine
the integrity of the TRQ system.
Dated: Signed at Washington, DC on
November 7, 2006.
Michael W. Yost,
Administrator, Foreign Agricultural Service.
[FR Doc. 06–9190 Filed 11–13–06; 8:45 am]
BILLING CODE 3410–10–M
DEPARTMENT OF COMMERCE
International Trade Administration
A–588–804
Ball Bearings and Parts Thereof from
Japan: Notice of Court Decision Not in
Harmony
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 23, 2006, the
United States Court of International
Trade affirmed the Department of
Commerce’s (the Department’s)
redetermination on remand of the final
results of the administrative review of
the antidumping duty order on ball
bearings and parts thereof from Japan.
See NSK Ltd., et al., v. United States,
Court No. 04–00519, slip op. 06–157
(CIT 2006). This case arises from the
Department’s final results of Antifriction
Bearings and Parts Thereof From
France, Germany, Italy, Japan,
Singapore, and the United Kingdom:
Final Results of Antidumping Duty
Administrative Reviews, Rescission of
Administrative Reviews in Part, and
Determination To Revoke Order in Part,
69 FR 55574 (September 15, 2004)
(Final Results). The Department is now
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66303
issuing this notice of court decision not
in harmony with the Department’s Final
Results.
EFFECTIVE DATE: November 14, 2006.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer 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) 482–0410 or (202) 482–
4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 15, 2004, the
Department published the final results
of the administrative review of the
antidumping duty order on ball bearings
and parts thereof from Japan for the
period May 1, 2002, through April 30,
2003. See Final Results, 69 FR 55574.
Koyo Seiko Co., Ltd., and Koyo Corp. of
U.S.A. (hereafter ‘‘Koyo’’) filed a lawsuit
challenging the final results. On January
31, 2006, the United States Court of
International Trade (CIT) remanded the
Department’s determination and
ordered the Department to not treat
Koyo’s positive lump–sum billing
adjustments differently than Koyo’s
negative lump–sum billing adjustments.
See NSK Ltd., et al., v. United States,
416 F. Supp. 2d 1334 (CIT 2006) (NSK).
In accordance with the CIT’s remand
order, the Department filed its remand
redetermination on March 31, 2006. On
October 23, 2006, the CIT affirmed the
Department’s remand results.
Decision Not in Harmony
Although the CIT ruled that our
decision in the Final Results to treat
Koyo’s positive lump–sum billing
adjustments differently than Koyo’s
negative lump–sum billing adjustments
was not in accordance with law, the CIT
affirmed our decision in the remand
redetermination to deny all of Koyo’s
lump–sum billing adjustments.
The changes to our calculations with
respect to Koyo resulted in a change in
the weighted–average margin for ball
bearings and parts thereof from 5.56
percent to 5.55 percent for the period of
review. Accordingly, absent an appeal
or, if appealed, upon a ‘‘conclusive’’
decision by the Court, we will amend
our final results of this review to reflect
the recalculation of the margin for Koyo.
Suspension of Liquidation
The United States Court of Appeals
for Federal Circuit (CAFC) has held that
the Department must publish notice of
a decision of the CIT or the CAFC which
is not in harmony with the Department’s
determination. See The Timken
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14NON1
66304
Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / Notices
Company v. United States, 893 F.2d
337, 341 (Fed. Cir. 1990). Publication of
this notice fulfills that obligation. The
CAFC also held that, in such a case, the
Department must suspend liquidation
until there is a ‘‘conclusive’’ decision in
the action. Id. Therefore, the
Department must suspend liquidation
pending the expiration of the period to
appeal the CIT’s October 23, 2006,
decision or pending a final decision of
the CAFC if that decision is appealed.
Because entries of ball bearings and
parts thereof from Japan produced by,
exported to, or imported into the United
States by Koyo are currently being
suspended pursuant to the court’s
injunction order, the Department does
not need to order U.S. Customs and
Border Protection to suspend
liquidation of affected entries. The
Department will not order the lifting of
the suspension of liquidation on entries
of ball bearings and parts thereof made
during the review period before a court
decision in this lawsuit becomes final
and conclusive.
We are issuing and publishing this
notice in accordance with section
516A(c)(1) of the Tariff Act of 1930, as
amended.
Dated: November 6, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6–19186 Filed 11–13–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–570–846)
Brake Rotors From the People’s
Republic of China: Final Results and
Partial Rescission of the 2004/2005
Administrative Review and Notice of
Rescission of 2004/2005 New Shipper
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 8, 2006, the
Department of Commerce (‘‘the
Department’’) published the preliminary
results of the 2004/2005 administrative
and new shipper reviews of the
antidumping duty order on brake rotors
from the People’s Republic of China
(PRC). See Brake Rotors From the
People’s Republic of China: Preliminary
Results and Partial Rescission of the
2004/2005 Administrative Review and
Preliminary Notice of Intent to Rescind
the 2004/2005 New Shipper Review, 71
FR 26736 (May 8, 2006) (‘‘Preliminary
Results/Intent to Rescind’’). At that
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time, we invited interested parties to
comment on our preliminary results and
preliminary notice of intent to rescind
the new shipper review. Based on our
analysis of the comments received, we
have made certain changes to our
calculations. The final dumping margins
for these reviews are listed in the ‘‘Final
Results of Review’’ section below.
EFFECTIVE DATE: November 14, 2006.
FOR FURTHER INFORMATION CONTACT: Erin
Begnal or Michael Quigley, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–1442 and (202)
482–4047, respectively.
SUPPLEMENTARY INFORMATION:
Background
The period of review (‘‘POR’’) is April
1, 2005, through March 31, 2006. We
published the preliminary results in the
2004/2005 administrative review and
preliminary intent to rescind the new
shipper review in the Federal Register
on May 8, 2006. See Preliminary
Results/Intent to Rescind, 71 FR 26736.
On June 19, 2006, we received a case
brief on behalf of the petitioner, the
Coalition for the Preservation of
American Brake Drum and Rotor After
Market Manufacturers (‘‘petitioner’’). In
addition, we received a case brief on
behalf of respondents China National
Industrial Machinery Import & Export
Corporation (‘‘CNIM’’), Qingdao Gren
(‘‘Group’’) Co. (‘‘Gren’’), Shanxi
Fengkun Metallurgical Limited
Company and Shanxi Fengkun Foundry
Limited Company (‘‘Fengkun’’),
Shenyang Yinghao Machinery Co., Ltd.
(‘‘Yinghao’’), Laizhou Auto Brake
Equipment Company (‘‘LABEC’’), Yantai
Winhere Auto–Part Manufacturing Co.,
Ltd. (‘‘Winhere’’), Longkou Haimeng
Machinery Co., Ltd. (‘‘Haimeng’’),
Laizhou Luqi Machinery Co., Ltd.
(‘‘Luqi’’), Laizhou Hongda Auto
Replacement Parts Co. (‘‘Hongda’’),
Hongfa Machinery (‘‘Dalian’’) Group
Co., Ltd. (‘‘Hongfa’’), Qingdao Meita
Automotive Industry Co., Ltd.
(‘‘Meita’’), and Shandong Huanri
(‘‘Group’’) General Company, Shandong
Huanri Group Co., Ltd., and Laizhou
Huanri Automobile Parts Co., Ltd.
(‘‘Huanri’’). Additionally, we received a
case brief on behalf of Wecly
International, an importer of subject
merchandise, on June 19, 2006.
On June 22, 2006, we requested that
all mandatory respondents in the
administrative and new shipper reviews
submit consumption data, for the POR,
for both bentonite and coal powder. On
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July 5, 2006, we received responses to
our June 22, 2006, questionnaire from
Haimeng, Xiangfen Hengtai Brake
System Co., Ltd. (‘‘Hengtai’’), Hongfa,
Meita, Winhere and Shanxi Zhongding
Auto Parts Co., Ltd. (‘‘SZAP’’). On July
11, 2006, we received rebuttal briefs
from the petitioners and from LABEC,
Winhere, Haimeng, Luqi, Hongda,
Hongfa, Meita, and Huanri (collectively,
the ‘‘Trade Pacific respondents’’).
On July 10, 2006, we issued a request
for comments on the Department’s
proposed methodology to value
bentonite and coal powder as direct
materials, as well as the consumption
data obtained from respondents. On July
17, 2006, the Trade Pacific respondents
and the petitioner each filed comments.
On July 24, 2006, both the Trade Pacific
respondents and the petitioner filed
rebuttal comments.
In the case and rebuttal briefs
received from the parties after the
Preliminary Results/Intent to Rescind,
we received extensive comments on the
Department’s decision to select
respondents via sampling. For further
details on these comments, as well as
others, and the Department’s positions
on each, please see the memorandum to
David M. Spooner, Assistant Secretary
for Import Administration, from
Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration,
regarding Issues and Decision
Memorandum for the Final Results in
the 2004/2005 Administrative Review
and New Shipper Review of Brake
Rotors from the People’s Republic of
China (November 6, 2006) (‘‘Decision
Memorandum’’) and the company–
specific analysis memoranda, which are
on file in Import Administration’s
Central Records Unit, room B–099 of the
Department of Commerce building. The
Decision Memorandum is also available
at https://ia.ita.doc.gov.
Scope of the Order
The products covered by this order
are brake rotors made of gray cast iron,
whether finished, semifinished, or
unfinished, ranging in diameter from 8
to 16 inches (20.32 to 40.64 centimeters)
and in weight from 8 to 45 pounds (3.63
to 20.41 kilograms). The size parameters
(weight and dimension) of the brake
rotors limit their use to the following
types of motor vehicles: automobiles,
all–terrain vehicles, vans and
recreational vehicles under ‘‘one ton
and a half,’’ and light trucks designated
as ‘‘one ton and a half.’’
Finished brake rotors are those that
are ready for sale and installation
without any further operations. Semi–
finished rotors are those on which the
surface is not entirely smooth, and have
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[Federal Register Volume 71, Number 219 (Tuesday, November 14, 2006)]
[Notices]
[Pages 66303-66304]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19186]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-588-804
Ball Bearings and Parts Thereof from Japan: Notice of Court
Decision Not in Harmony
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 23, 2006, the United States Court of International
Trade affirmed the Department of Commerce's (the Department's)
redetermination on remand of the final results of the administrative
review of the antidumping duty order on ball bearings and parts thereof
from Japan. See NSK Ltd., et al., v. United States, Court No. 04-00519,
slip op. 06-157 (CIT 2006). This case arises from the Department's
final results of Antifriction Bearings and Parts Thereof From France,
Germany, Italy, Japan, Singapore, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Rescission of
Administrative Reviews in Part, and Determination To Revoke Order in
Part, 69 FR 55574 (September 15, 2004) (Final Results). The Department
is now issuing this notice of court decision not in harmony with the
Department's Final Results.
EFFECTIVE DATE: November 14, 2006.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Richard Rimlinger,
AD/CVD Operations, Office 5, Import Administration, U.S. Department of
Commerce, 14\th\ Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-0410 or (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 15, 2004, the Department published the final results
of the administrative review of the antidumping duty order on ball
bearings and parts thereof from Japan for the period May 1, 2002,
through April 30, 2003. See Final Results, 69 FR 55574. Koyo Seiko Co.,
Ltd., and Koyo Corp. of U.S.A. (hereafter ``Koyo'') filed a lawsuit
challenging the final results. On January 31, 2006, the United States
Court of International Trade (CIT) remanded the Department's
determination and ordered the Department to not treat Koyo's positive
lump-sum billing adjustments differently than Koyo's negative lump-sum
billing adjustments. See NSK Ltd., et al., v. United States, 416 F.
Supp. 2d 1334 (CIT 2006) (NSK). In accordance with the CIT's remand
order, the Department filed its remand redetermination on March 31,
2006. On October 23, 2006, the CIT affirmed the Department's remand
results.
Decision Not in Harmony
Although the CIT ruled that our decision in the Final Results to
treat Koyo's positive lump-sum billing adjustments differently than
Koyo's negative lump-sum billing adjustments was not in accordance with
law, the CIT affirmed our decision in the remand redetermination to
deny all of Koyo's lump-sum billing adjustments.
The changes to our calculations with respect to Koyo resulted in a
change in the weighted-average margin for ball bearings and parts
thereof from 5.56 percent to 5.55 percent for the period of review.
Accordingly, absent an appeal or, if appealed, upon a ``conclusive''
decision by the Court, we will amend our final results of this review
to reflect the recalculation of the margin for Koyo.
Suspension of Liquidation
The United States Court of Appeals for Federal Circuit (CAFC) has
held that the Department must publish notice of a decision of the CIT
or the CAFC which is not in harmony with the Department's
determination. See The Timken
[[Page 66304]]
Company v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990).
Publication of this notice fulfills that obligation. The CAFC also held
that, in such a case, the Department must suspend liquidation until
there is a ``conclusive'' decision in the action. Id. Therefore, the
Department must suspend liquidation pending the expiration of the
period to appeal the CIT's October 23, 2006, decision or pending a
final decision of the CAFC if that decision is appealed.
Because entries of ball bearings and parts thereof from Japan
produced by, exported to, or imported into the United States by Koyo
are currently being suspended pursuant to the court's injunction order,
the Department does not need to order U.S. Customs and Border
Protection to suspend liquidation of affected entries. The Department
will not order the lifting of the suspension of liquidation on entries
of ball bearings and parts thereof made during the review period before
a court decision in this lawsuit becomes final and conclusive.
We are issuing and publishing this notice in accordance with
section 516A(c)(1) of the Tariff Act of 1930, as amended.
Dated: November 6, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-19186 Filed 11-13-06; 8:45 am]
BILLING CODE 3510-DS-S
