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, 67892-67893 [E7-23402]
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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:
VerDate Aug<31>2005
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
PO 00000
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
Federal Register / Vol. 72, No. 231 / Monday, December 3, 2007 / Notices
spherical plain bearings from Japan
during the review period at the
assessment rates the Department
calculated for the final results of
reviews as amended. We intend to issue
the assessment instructions to CBP 15
days after the date of publication of
these amended final results of review.
We are issuing and publishing these
amended final results of review in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended.
Dated: November 27, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–23402 Filed 11–30–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–917]
Laminated Woven Sacks From the
People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination; Preliminary
Affirmative Determination of Critical
Circumstances, In Part; and Alignment
of Final Countervailing Duty
Determination With Final Antidumping
Duty Determination
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of laminated
woven sacks (LWS) from the People’s
Republic of China (PRC). For
information on the estimated subsidy
rates, see the ‘‘Suspension of
Liquidation’’ section of this notice. The
Department further determines
preliminarily that critical circumstances
exist, in part, with respect to imports of
the subject merchandise. This notice
also serves to align the final
countervailing duty determination in
this investigation with the final
determination in the companion
antidumping duty investigation of LWS
from the PRC.
DATES: Effective Date: December 3, 2007.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, Toni Page or Jun Jack
Zhao, AD/CVD Operations, Office 6,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: (202) 482–3148,
mstockstill on PROD1PC66 with NOTICES
AGENCY:
VerDate Aug<31>2005
16:17 Nov 30, 2007
Jkt 214001
(202) 482–1398 and (202) 482–1396,
respectively.
SUPPLEMENTARY INFORMATION:
Case History
The following events have occurred
since the publication of the
Department’s notice of initiation in the
Federal Register. See Laminated Woven
Sacks from the People’s Republic of
China: Initiation of Countervailing Duty
Investigation, 72 FR 40839 (July 25,
2007) (Initiation Notice).
On July 31, 2007, the Department
selected, as mandatory respondents, the
four largest Chinese producers/exporters
of LWS that could reasonably be
examined, Han Shing Chemical Co., Ltd.
(Han Shing Chemical), Ningbo Yong
Feng Packaging Co., Ltd. (Ningbo),
Shangdong Qilu Plastic Fabric Group,
Ltd. (Qilu), and Shangdong Shouguang
Jianyuan Chun Co., Ltd. (SSJ). See
Memorandum to Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, ‘‘Respondent
Selection’’ (July 31, 2007). This
memorandum is on file in the
Department’s Central Records Unit in
Room B–099 of the main Department
building (CRU).1 On August 3, 2007, we
issued the countervailing duty (CVD)
questionnaire to the Government of the
People’s Republic of China (GOC),
requesting the GOC forward the
company sections of the questionnaire
to the mandatory respondent
companies.
On August 14, 2007, the International
Trade Commission (ITC) issued its
affirmative preliminary determination
that there is a reasonable indication that
an industry in the United States is
materially injured by reason of allegedly
subsidized imports of LWS from China.
See Laminated Woven Sacks from
China, Investigation Nos. 701–TA–450
and 731–TA–1122 (Preliminary), 72 FR
46246 (August 17, 2007).
On September 10, 2007, we published
a postponement of the preliminary
determination of this investigation until
November 26, 2007. See Laminated
Woven Sacks from the People’s Republic
of China: Postponement of Preliminary
Determination in the Countervailing
1 At the time of respondent selection, the
Department had public information indicating that
Han Shing Chemical’s internet address was the
same as that of a Han Shing Co. and a Han Shing
Bulk Bag Co., Ltd. Moreover, the Department also
had public information indicating that Han Shing
Chemical’s street address was similar to that of Han
Shing Co. and Han Shing Bulk Bag Co., Ltd. See
attachment 2 of our Respondent Selection Memo.
Thus, in our questionnaire to the GOC, we
instructed the GOC to forward the questionnaire to
certain producers/exporters, including ‘‘Han Shing
Chemical, Ltd., aka Han Shing Bulk Bag Co., Ltd.
and Han Shing Co.’’
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
67893
Duty Investigation, 72 FR 51641
(September 10, 2007). We received
responses from the GOC on September
24, 2007, and SSJ and its affiliate
Shandong Longxing Plastic Products
Company Ltd. (SLP) on October 1, 2007.
Han Shing Chemical, Ningbo, and Qilu
did not submit responses to the
Department’s August 3, 2007 CVD
questionnaire. However, the GOC
provided a certification from Han Shing
Bulk Bag Co. Ltd. (Han Shing Bag)
stating that neither Han Shing Bag nor
any company with which it is crossowned, as defined in 19 CFR
351.525(6)(vi), produced or exported
LWS to the United States during the
period of investigation. In addition, the
certification stated that Han Shing Bag
was not ‘‘cross-owned’’ or ‘‘affiliated’’
with Han Shing Chemical.
On September 10, 2007, Zibo Aifudi
Plastic Packaging Company Limited
(Aifudi) submitted a voluntary response
to the Department, pursuant to section
782(a) of the Tariff Act of 1930, as
amended (the Act). On October 24,
2007, the Department selected Aifudi as
a voluntary respondent for the
investigation pursuant to 19 CFR
351.204(d)(2). See Memorandum to
Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration,
‘‘Voluntary Respondent Selection’’
(October 24, 2007). This memorandum
is on file in the Department’s CRU.
On October 2, 2007, October 10, 2007,
and November 5, 2007, the Laminated
Woven Sacks Committee and its
individual members, Bancroft Bag, Inc.,
Coating Excellence International, LLC,
Hood Packaging Corporation, MidAmerica Packaging, LLC, and Polytex
Fibers Corporation (collectively, the
petitioners), submitted comments
regarding these questionnaire responses.
We issued supplemental questionnaires
to SSJ, Aifudi, and to the GOC on
October 23, 2007. We received
responses to these supplemental
questionnaires from all parties on
October 26, 2007 and November 5, 2007.
On October 17, 2007, the petitioners
submitted new subsidy allegations
regarding twelve programs. On
November 2, 2007, the Department
determined to investigate all of these
newly alleged subsidy programs
pursuant to section 775 of the Act. See
Memorandum to Barbara E. Tillman,
Office Director, ‘‘New Subsidy
Allegation’’ (November 2, 2007).
Questions regarding these newly alleged
subsidies were sent to the GOC and the
respondent companies on November 2,
2007. The GOC submitted comments
responding to the Department’s
initiation of new subsidy allegations on
November 5, 2007. The GOC, SSJ, and
E:\FR\FM\03DEN1.SGM
03DEN1
]]>Agencies
[Federal Register Volume 72, Number 231 (Monday, December 3, 2007)]
[Notices]
[Pages 67892-67893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23402]
-----------------------------------------------------------------------
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 Review Pursuant to Final Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
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, 14\th\ 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 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.
---------------------------------------------------------------------------
\1\ SNR Roulements, INA-Schaeffler KG, INA USA Corporation, Koyo
Seiko Co., Ltd. and Koyo 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.
---------------------------------------------------------------------------
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
[[Page 67893]]
spherical plain bearings from Japan during the review period at the
assessment rates the Department calculated for the final results of
reviews as amended. We intend to issue the assessment instructions to
CBP 15 days after the date of publication of these amended final
results of review.
We are issuing and publishing these amended final results of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act
of 1930, as amended.
Dated: November 27, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-23402 Filed 11-30-07; 8:45 am]
BILLING CODE 3510-DS-S
