Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Reviews, 67891-67892 [E7-23394]
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Federal Register / Vol. 72, No. 231 / Monday, December 3, 2007 / Notices
Policy Bulletin 98.3—Policies Regarding
the Conduct of Five-Year (‘‘Sunset’’)
Reviews of Antidumping and
Countervailing Duty Orders; Policy
Bulletin, 63 FR 18871 (April 16, 1998).
Initiation of Reviews
In accordance with 19 CFR
351.218(c), we are initiating the Sunset
Review of the following antidumping
duty orders:
DOC Case No.
ITC Case No.
Country
Product
A–570–873 .....................
A–791–815 .....................
731–TA–986 .................
731–TA–987 .................
PRC ..............................
South Africa ..................
Ferrovanadium ..............
Ferrovanadium ..............
Filing Information
As a courtesy, we are making
information related to Sunset
proceedings, including copies of the
pertinent statute and Department’s
regulations, the Department’s schedule
for Sunset Reviews, a listing of past
revocations and continuations, and
current service lists, available to the
public on the Department’s sunset
Internet Web site at the following
address: https://ia.ita.doc.gov/sunset/.
All submissions in these Sunset
Reviews must be filed in accordance
with the Department’s regulations
regarding format, translation, service,
and certification of documents. These
rules can be found at 19 CFR 351.303.
Pursuant to 19 CFR 351.103(c), the
Department will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact the Department in writing
within 10 days of the publication of the
Notice of Initiation.
Because deadlines in Sunset Reviews
can be very short, we urge interested
parties to apply for access to proprietary
information under administrative
protective order (‘‘APO’’) immediately
following publication in the Federal
Register of the notice of initiation of the
sunset review. The Department’s
regulations on submission of proprietary
information and eligibility to receive
access to business proprietary
information under APO can be found at
19 CFR 351.304–306.
mstockstill on PROD1PC66 with NOTICES
Information Required From Interested
Parties
Domestic interested parties (defined
in section 771(9)(C), (D), (E), (F), and (G)
of the Act and 19 CFR 351.102(b))
wishing to participate in these Sunset
Reviews must respond not later than 15
days after the date of publication in the
Federal Register of this notice of
initiation by filing a notice of intent to
participate. The required contents of the
notice of intent to participate are set
forth at 19 CFR 351.218(d)(1)(ii). In
accordance with the Department’s
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16:17 Nov 30, 2007
Jkt 214001
regulations, if we do not receive a notice
of intent to participate from at least one
domestic interested party by the 15-day
deadline, the Department will
automatically revoke the orders without
further review. See 19 CFR
351.218(d)(1)(iii).
For sunset reviews of countervailing
duty orders, parties wishing the
Department to consider arguments that
countervailable subsidy programs have
been terminated must include with their
substantive responses information and
documentation addressing whether the
changes to the program were (1) limited
to an individual firm or firms and (2)
effected by an official act of the
government. Further, a party claiming
program termination is expected to
document that there are no residual
benefits under the program and that
substitute programs have not been
introduced. Cf. 19 CFR 351.526(b) and
(d). If a party maintains that any of the
subsidies countervailed by the
Department were not conferred
pursuant to a subsidy program, that
party should nevertheless address the
applicability of the factors set forth in
19 CFR 351.526(b) and (d). Similarly,
parties wishing the Department to
consider whether a company’s change
in ownership has extinguished the
benefit from prior non-recurring,
allocable, subsidies must include with
their substantive responses information
and documentation supporting their
claim that all or almost all of the
company’s shares or assets were sold in
an arm’s length transaction, at a price
representing fair market value, as
described in the Notice of Final
Modification of Agency Practice Under
Section 123 of the Uruguay Round
Agreements Act, 68 FR 37125 (June 23,
2003) (‘‘Modification Notice’’). See
Modification Notice for a discussion of
the types of information and
documentation the Department requires.
If we receive an order-specific notice
of intent to participate from a domestic
interested party, the Department’s
regulations provide that all parties
wishing to participate in the Sunset
Review must file complete substantive
responses not later than 30 days after
the date of publication in the Federal
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Fmt 4703
Sfmt 4703
67891
Department contact
Juanita Chen (202) 482–1904.
Juanita Chen (202) 482–1904.
Register of this notice of initiation. The
required contents of a substantive
response, on an order-specific basis, are
set forth at 19 CFR 351.218(d)(3). Note
that certain information requirements
differ for respondent and domestic
parties. Also, note that the Department’s
information requirements are distinct
from the Commission’s information
requirements. Please consult the
Department’s regulations for
information regarding the Department’s
conduct of Sunset Reviews.1 Please
consult the Department’s regulations at
19 CFR part 351 for definitions of terms
and for other general information
concerning antidumping and
countervailing duty proceedings at the
Department.
This notice of initiation is being
published in accordance with section
751(c) of the Act and 19 CFR 351.218(c).
Dated: November 14, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–23393 Filed 11–30–07; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Advance Notification of
Sunset Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
ACTION: Notice of Upcoming Sunset
Reviews.
AGENCY:
Background
Every five years, pursuant to section
751(c) of the Tariff Act of 1930, as
1 In comments made on the interim final sunset
regulations, a number of parties stated that the
proposed five-day period for rebuttals to
substantive responses to a notice of initiation was
insufficient. This requirement was retained in the
final sunset regulations at 19 CFR 351.218(d)(4). As
provided in 19 CFR 351.302(b), however, the
Department will consider individual requests for
extension of that five-day deadline based upon a
showing of good cause.
E:\FR\FM\03DEN1.SGM
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67892
Federal Register / Vol. 72, No. 231 / Monday, December 3, 2007 / Notices
amended, the Department of Commerce
(‘‘the Department’’) and the
International Trade Commission
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
would be likely to lead to continuation
or recurrence of dumping or a
countervailable subsidy (as the case may
be) and of material injury.
FOR FURTHER INFORMATION CONTACT:
Brandon Farlander, AD/CVD
Operations, Import Administration,
International Trade Administration,
U.S. Department of Commerce. 14th
Street & Constitution Ave., NW.,
Washington, DC 20230; telephone (202)
482–0182.
Upcoming Sunset Reviews for January
2008
There are no Sunset Reviews
scheduled for initiation in January 2008.
For information on the Department’s
procedures for the conduct of sunset
reviews, See 19 CFR 351.218. This
notice is not required by statute but is
published as a service to the
international trading community.
Guidance on methodological or
analytical issues relevant to the
Department’s conduct of Sunset
Reviews is set forth in the Department’s
Policy Bulletin 98.3, ‘‘Policies
Regarding the Conduct of Five-Year
(‘‘Sunset’’) Reviews of Antidumping and
Countervailing Duty Orders;’’ Policy
Bulletin, 63 FR 18871 (April 16, 1998)
(‘‘Sunset Policy Bulletin’’). The Notice
of Initiation of Five-Year (‘‘Sunset’’)
Reviews provides further information
regarding what is required of all parties
to participate in Sunset Reviews.
Dated: November 14, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–23394 Filed 11–30–07; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
mstockstill on PROD1PC66 with NOTICES
[A–588–804]
Antifriction Bearings (Other Than
Tapered Roller Bearings) and Parts
Thereof from Japan: Amended Final
Results of Antidumping Duty
Administrative Review Pursuant to
Final Court Decision
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
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16:17 Nov 30, 2007
Jkt 214001
SUMMARY: The United States Court of
International Trade (CIT) sustained the
remand determination of the
Department of Commerce (the
Department) in the administrative
reviews of the antidumping duty orders
on antifriction bearings (other than
tapered roller bearings) and parts
thereof from Japan covering the period
May 1, 1999, through April 30, 2000, for
ball bearings and the period May 1,
1999, through December 31, 1999, for
cylindrical roller bearings and spherical
plain bearings. Although certain aspects
of the Department’s final results were
appealed to the United States Court of
Appeals for the Federal Circuit (CAFC),
the remand results were not among
them. On October 29, 2007, the
Supreme Court denied a petition for
certiorari in this case. As there is now
a final court decision in this case, we
are amending the final results of the
review in this matter. We will instruct
U.S. Customs and Border Protection
(CBP) to liquidate entries subject to
these amended final results.
EFFECTIVE DATE: December 3, 2007.
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 and (202)
482–4477, respectively.
SUPPLEMENTAL INFORMATION:
Background
On July 12, 2001, 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 of review from May 1,
1999, through April 30, 2000, for ball
bearings and the period May 1, 1999,
through December 31, 1999, for
cylindrical roller bearings and spherical
plain bearings. See Antifriction Bearings
(Other Than Tapered Roller Bearings)
and Parts Thereof From France,
Germany, Italy, Japan, Sweden, and the
United Kingdom; Final Results of
Antidumping Duty Administrative
Reviews and Revocation of Orders in
Part, 66 FR 36551 (July 12, 2001) (AFBs
11). NTN Corporation, NTN–BCA
Corporation, NTN Bower Corporation,
NTN Driveshaft Inc., American NTN
Bearing Manufacturing Corp., and NTN
Bearing Corporation of America
(hereafter ‘‘NTN’’) filed a lawsuit
challenging the final results.1 On
1 SNR Roulements, INA-Schaeffler KG, INA USA
Corporation, Koyo Seiko Co., Ltd. and Koyo
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Frm 00012
Fmt 4703
Sfmt 4703
August 10, 2004, the CIT remanded
AFBs 11 to the Department to explain
why it did not exclude NTN’s sales of
CT scan bearings from its calculation of
NTN’s margin and assessment rate with
respect to ball bearings and parts thereof
from Japan. See SNR Roulements v.
United States, 341 F. Supp. 2d 1334
(CIT 2004). In accordance with the CIT’s
remand order in SNR Roulements v.
United States, 341 F. Supp. 2d 1334, the
Department filed its remand results on
October 29, 2004. In those remand
results, the Department excluded NTN’s
sales of CT scan bearings from its
calculation of NTN’s margin and
assessment rate with regard to ball
bearings and parts thereof from Japan.
On January 27, 2005, the CIT
sustained the Department’s final results
of remand redetermination in their
entirety. See SNR Roulements v. United
States, Consol. Ct. No. 01–00686, Slip
Op. 05–12 (CIT January 27, 2005).
Subsequently, the CAFC affirmed all of
the Department’s determinations raised
on appeal. See SNR Roulements v.
United States, 05–1297, 05–1323, 2006
U.S. App. LEXIS 31200 (CAFC
December 8, 2006). The CAFC also
denied a petition for rehearing of this
case. See SNR Roulements v. United
States, 05–1297, 05–1323, 2007 U.S.
App. LEXIS 4456 (CAFC February 6,
2007). On April 27, 2007, Koyo and
NTN submitted an application to the
Chief Justice of the United States
Supreme Court for an extension of time
to file a petition for a writ of certiorari.
The Chief Justice granted the extension
to file until June 6, 2007. NTN and Koyo
filed their petition for a writ of certiorari
on June 6, 2007. The Supreme Court
denied the same on October 29, 2007.
Therefore, there is now a final and
conclusive court decision.
Amendment to Final Results
We are now amending the final
results of this review of the
antidumping duty order on ball bearings
and parts thereof from Japan. The
changes to our calculations with respect
to NTN resulted in a change in the
weighted–average margin for ball
bearings from 9.16 percent to 8.98
percent for the period of review. There
are no changes in the margins for
cylindrical roller bearings and spherical
plain bearings as a result of the
litigation. The Department will instruct
CBP to liquidate entries of the ball
bearings, cylindrical roller bearings, and
Corporation of U.S.A. (collectively ‘‘Koyo’’), NSK
Corporation, NSK Bearings Europe, Ltd., and NSK
Ltd. were also parties to the litigation but our
margin calculations for these companies were not
affected by the litigation. Therefore, there are no
amended final results of reviews to publish.
E:\FR\FM\03DEN1.SGM
03DEN1
Agencies
[Federal Register Volume 72, Number 231 (Monday, December 3, 2007)]
[Notices]
[Pages 67891-67892]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23394]
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DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Advance Notification of Sunset Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Upcoming Sunset Reviews.
-----------------------------------------------------------------------
Background
Every five years, pursuant to section 751(c) of the Tariff Act of
1930, as
[[Page 67892]]
amended, the Department of Commerce (``the Department'') and the
International Trade Commission 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 would be likely to lead to continuation or
recurrence of dumping or a countervailable subsidy (as the case may be)
and of material injury.
FOR FURTHER INFORMATION CONTACT: Brandon Farlander, AD/CVD Operations,
Import Administration, International Trade Administration, U.S.
Department of Commerce. 14th Street & Constitution Ave., NW.,
Washington, DC 20230; telephone (202) 482-0182.
Upcoming Sunset Reviews for January 2008
There are no Sunset Reviews scheduled for initiation in January
2008.
For information on the Department's procedures for the conduct of
sunset reviews, See 19 CFR 351.218. This notice is not required by
statute but is published as a service to the international trading
community. Guidance on methodological or analytical issues relevant to
the Department's conduct of Sunset Reviews is set forth in the
Department's Policy Bulletin 98.3, ``Policies Regarding the Conduct of
Five-Year (``Sunset'') Reviews of Antidumping and Countervailing Duty
Orders;'' Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset
Policy Bulletin''). The Notice of Initiation of Five-Year (``Sunset'')
Reviews provides further information regarding what is required of all
parties to participate in Sunset Reviews.
Dated: November 14, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-23394 Filed 11-30-07; 8:45 am]
BILLING CODE 3510-DS-P