Ball Bearings and Parts Thereof from Japan: Amended Final Results of Antidumping Duty Administrative Review Pursuant to Final Court Decision, 15481-15482 [E8-5886]
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Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 / Notices
export price or constructed export price)
for each importer by the total quantity
of subject merchandise sold to that
importer during the POR to calculate a
per-unit assessment amount. In this and
future reviews, we will direct CBP to
assess importer-specific assessment
rates based on the resulting per-unit
(I.E., per-kilogram) rates by the weight in
kilograms of each entry of the subject
merchandise during the POR. The
Department intends to issue appropriate
assessment instructions directly to CBP
15 days after publication of the final
results of this administrative review.
CASH DEPOSIT REQUIREMENTS
The following cash-deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) The cash
deposit rate for each of the reviewed
companies that received a separate rate
in this review will be the rate listed in
the final results of review (except that
if the rate for a particular company is de
minimis, i.e., less than 0.5 percent, no
cash deposit will be required for that
company); (2) for previously
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recent period of review; (3) if
the exporter is not a firm covered in this
review, a prior review, or the original
LTFV investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will be the Vietnam-wide
rate of 63.88 percent. These deposit
requirements, when imposed, shall
remain in effect until publication of the
final results of the next administrative
review.
mstockstill on PROD1PC66 with NOTICES
REIMBURSEMENT OF DUTIES
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties has occurred and the subsequent
assessment of doubled antidumping
duties.
VerDate Aug<31>2005
18:26 Mar 21, 2008
Jkt 214001
ADMINISTRATIVE PROTECTIVE
ORDERS
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: March 17, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix I Decision Memorandum
GENERAL ISSUES:
COMMENT 1: SURROGATE
FINANCIAL RATIOS
A. BINOIC
B. GEMINI
COMMENT 2: CEP PROFIT
METHODOLOGY
COMMENT 3: PER–UNIT CASH
DEPOSIT AND ASSESSMENT RATE
COMMENT 4: WHOLE LIVE FISH
SURROGATE VALUES
COMPANY–SPECIFIC ISSUES:
COMMENT 5: QVD
A. QVD’S SALES TO BSF
B. COLLAPSING QVD/DONG THAP
AND THUAN HUNG
C. COLLAPSING QVD/DONG THAP
AND CHOI MOI
D. INTERNATONAL FREIGHT
E. BANDING SURROGATE VALUE
F. TAPE SURROGATE VALUE
G. LABELS SURROGATE VALUE
H. WATER SURROGATE VALUE
COMMENT 6: DONG THAP
A. LABOR HOURS FOR CERTAIN
WORKERS
B. BYPRODUCTS
C. CARTONS
D. BROKEN FILLETS
E. PALLETS AND PLASTIC SHEETS
COMMENT 7:THUAN HUNG
A. LABOR HOURS
RECONCILIATION
B. ELECTRICITY
C. WASTE
COMMENT 8: ESS
A. BONA FIDE STATUS OF ESS’S
SALES
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
15481
B. INDIRECT SELLING EXPENSES
C. BYPRODUCTS
D. WHOLE LIVE FISH FACTOR OF
PRODUCTION
E. FISH OIL SURROGATE VALUE
COMMENT 9: LIAN HENG
A. CERTIFICATIONS
B. ASSESSMENT OF DUTIES
C. ASSESSMENT FOR CERTAIN
INVOICES
D. APPLICATION OF AFA
E. SELECTED AFA RATE
[FR Doc. E8–5889 Filed 3–21–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–588–804
Ball 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.
SUMMARY: On August 30, 2002, the
Department of Commerce (the
Department) published Ball Bearings
and Parts Thereof from France,
Germany, Italy, Japan, and the United
Kingdom; Final Results of Antidumping
Duty Administrative Reviews, 67 FR
55780 (August 30, 2002), as amended on
October 15, 2002, by Ball Bearings and
Parts Thereof From Japan; Amended
Final Results of Antidumping Duty
Administrative Review, 67 FR 63608
(October 15, 2002). The review covered
the period May 1, 2000, through April
30, 2001. NTN Corporation (and its
affiliates) and other parties appealed the
results pertaining to subject
merchandise from Japan. Because there
is now a final and conclusive decision,
the Department is issuing these
amended final results of review. We will
instruct U.S. Customs and Border
Protection (CBP) to liquidate entries
subject to these amended final results of
review.
EFFECTIVE DATE: March 24, 2008.
FOR FURTHER INFORMATION CONTACT: FOR
FURTHER INFORMATION: Catherine
Cartsos 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) 482–1757 or (202) 482–
4477, respectively.
SUPPLEMENTARY INFORMATION:
SUPPLEMENTAL INFORMATION:
AGENCY:
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15482
Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
Background
On August 30, 2002, the Department
published the final results of
administrative reviews of the
antidumping duty order on ball bearings
and parts thereof from Japan for the
period May 1, 2000, through April 30,
2001. See Ball Bearings and Parts
Thereof from France, Germany, Italy,
Japan, and the United Kingdom; Final
Results of Antidumping Duty
Administrative Reviews, 67 FR 55780
(August 30, 2002) (AFBs 12). On
October 15, 2002, the Department
amended the final results. See Ball
Bearings and Parts Thereof From Japan;
Amended Final Results of Antidumping
Duty Administrative Review, 67 FR
63608 (October 15, 2002) (Amended
AFBs 12). NTN Corp., NTN Bearing
Corp. of America, American NTN
Bearing Manufacturing Corp., NTN
Driveshaft, and NTN–BCA Corp.
(collectively NTN) filed a lawsuit
challenging the final results of AFBs 12
as amended by Amended AFBs 12.
On August 20, 2004, the United States
Court of International Trade (CIT)
affirmed the Department’s final results
in part and remanded the review to the
Department in part to correct certain
ministerial errors concerning the
treatment of NTN’s freight and
warehouse expenses. See NSK Ltd. v.
United States, 346 F. Supp. 2d 1312
(CIT 2004) (NSK Ltd.). Specifically, the
CIT directed the Department to exclude
NTN’s export-price sales from the
calculation of NTN’s U.S. freight and
warehouse expenses.1 In accordance
with the CIT’s remand order in NSK
Ltd., the Department filed its remand
results on October 19, 2004. In those
remand results, the Department
excluded export-price sales from the
calculation of U.S. freight and
warehouse expenses and recalculated
NTN’s margin accordingly.
On January 27, 2005, the CIT
sustained the Department’s final results
of redetermination. See NSK Ltd. v.
United States, 358 F. Supp. 2d 1313
(CIT 2005). NTN appealed the portion of
the CIT’s decision in which it sustained
the Department’s use of facts otherwise
available and adverse inferences when
determining NTN’s antidumping duty
margin. NTN did not appeal the CIT’s
decision with respect to the remand
determination.
On March 7, 2007, the United States
Court of Appeals for the Federal Circuit
1. NSK
Ltd., NSK Corp., NSK Bearings Europe,
MPB Corp., 3Asahi Seiko Co., and Isuzu Motors,
Ltd., also appealed the Department’s determination
but the dumping margins the Department had
calculated for the period of review did not change
as a result of the litigation.
VerDate Aug<31>2005
16:33 Mar 21, 2008
Jkt 214001
(CAFC) affirmed the CIT’s decision. See
NSK Ltd. v. United States, 481 F.3d
1355 (CAFC 2007). On May 3, 2007, the
CAFC denied a rehearing request.
On July 11, 2007, the Department
published amended final results
pertaining to NTN for the period May 1,
2000, through April 30, 2001. See Ball
Bearings and Parts Thereof from Japan:
Amended Final Results of Antidumping
Duty Administrative Review, 72 FR
37702 (July 11, 2007) (Second Amended
Final Results). Because the Department
published the Second Amended Final
Results mistakenly before a final and
conclusive court decision, on July 23,
2007, the Department rescinded the
Second Amended Final Results. See Ball
Bearings and Parts Thereof from Japan:
Rescission of Amended Final Results of
Antidumping Duty Administrative
Review, 72 FR 40113 (July 23, 2007).
On September 28, 2007, NTN filed a
petition for a writ of certiorari with the
United States Supreme Court in
connection with the final results of the
2000–2001 administrative review of the
antidumping duty order on ball bearings
and parts thereof from Japan. The two
issues NTN raised in its petition for a
writ of certiorari were the Department’s
treatment of non-dumped sales and the
Department’s use of facts otherwise
available and adverse inferences when
determining NTN’s antidumping duty
margin.
On January 22, 2008, the United
States Supreme Court denied NTN’s
petition for a writ of certiorari.
Therefore, there is now a final and
conclusive court decision in this case.
Amendment to Final Results
We are now amending the final
results of this review to reflect the final
and conclusive decision of the CIT. Our
revised calculations for NTN changed
the weighted-average margin for ball
bearings and parts thereof from Japan
from 9.34 percent to 9.30 percent for the
period May 1, 2000, through April 30,
2001. The Department will instruct CBP
to liquidate entries of subject
merchandise from Japan from NTN
during the review period in accordance
with these amended final results of
review. 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 this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Dated: March 17, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–5886 Filed 3–21–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG56
Endangered and Threatened Species;
Take of Anadromous Fish
AGENCY: NOAA’s National Marine
Fisheries Service (NMFS), National
Oceanic and Atmospheric
Administration (NOAA), U. S.
Department of Commerce.
ACTION: Notice of receipt of a permit
application; request for comments.
SUMMARY: Notice is hereby given that
NMFS has received an application for a
permit to conduct research for scientific
purposes from Rosi Dagit, Senior
Conservation Biologist for the Resource
Conservation District of the Santa
Monica Mountains, in southern
California. The requested permit would
affect the Southern California Coast
Distinct Population Segment of
endangered steelhead trout
(Oncorhynchus mykiss). The public is
hereby notified of the availability of the
permit application for review and
comment before NMFS either approves
or disapproves the application.
DATES: Written comments on the permit
application must be received at the
appropriate address or fax number on or
before April 23, 2008.
ADDRESSES: Written comments on the
permit application should be sent to
Matt McGoogan, Protected Resources
Division, NMFS, 501 W. Ocean Blvd.,
Suite 4200, Long Beach, CA 90802.
Comments may also be sent using email
(FRNpermits.lb@noaa.gov) or fax (562–
980–4027). The permit application is
available for review, by appointment
only, at the foregoing address.
FOR FURTHER INFORMATION CONTACT: Matt
McGoogan at phone number (562–980–
4026) or e-mail:
matthew.mcgoogan@noaa.gov.
SUPPLEMENTARY INFORMATION:
Authority:
Issuance of permits, as required by the
Endangered Species Act of 1973 (16
U.S.C. 1531B1543) (ESA), is based on a
finding that such permits: (1) are
applied for in good faith; (2) would not
operate to the disadvantage of the listed
E:\FR\FM\24MRN1.SGM
24MRN1
]]>Agencies
[Federal Register Volume 73, Number 57 (Monday, March 24, 2008)]
[Notices]
[Pages 15481-15482]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5886]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-588-804
Ball 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: On August 30, 2002, the Department of Commerce (the
Department) published Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom; Final Results of
Antidumping Duty Administrative Reviews, 67 FR 55780 (August 30, 2002),
as amended on October 15, 2002, by Ball Bearings and Parts Thereof From
Japan; Amended Final Results of Antidumping Duty Administrative Review,
67 FR 63608 (October 15, 2002). The review covered the period May 1,
2000, through April 30, 2001. NTN Corporation (and its affiliates) and
other parties appealed the results pertaining to subject merchandise
from Japan. Because there is now a final and conclusive decision, the
Department is issuing these amended final results of review. We will
instruct U.S. Customs and Border Protection (CBP) to liquidate entries
subject to these amended final results of review.
EFFECTIVE DATE: March 24, 2008.
FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION: Catherine
Cartsos 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-
1757 or (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION: SUPPLEMENTAL INFORMATION:
[[Page 15482]]
Background
On August 30, 2002, the Department published the final results of
administrative reviews of the antidumping duty order on ball bearings
and parts thereof from Japan for the period May 1, 2000, through April
30, 2001. See Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom; Final Results of Antidumping Duty
Administrative Reviews, 67 FR 55780 (August 30, 2002) (AFBs 12). On
October 15, 2002, the Department amended the final results. See Ball
Bearings and Parts Thereof From Japan; Amended Final Results of
Antidumping Duty Administrative Review, 67 FR 63608 (October 15, 2002)
(Amended AFBs 12). NTN Corp., NTN Bearing Corp. of America, American
NTN Bearing Manufacturing Corp., NTN Driveshaft, and NTN-BCA Corp.
(collectively NTN) filed a lawsuit challenging the final results of
AFBs 12 as amended by Amended AFBs 12.
On August 20, 2004, the United States Court of International Trade
(CIT) affirmed the Department's final results in part and remanded the
review to the Department in part to correct certain ministerial errors
concerning the treatment of NTN's freight and warehouse expenses. See
NSK Ltd. v. United States, 346 F. Supp. 2d 1312 (CIT 2004) (NSK Ltd.).
Specifically, the CIT directed the Department to exclude NTN's export-
price sales from the calculation of NTN's U.S. freight and warehouse
expenses.\1\ In accordance with the CIT's remand order in NSK Ltd., the
Department filed its remand results on October 19, 2004. In those
remand results, the Department excluded export-price sales from the
calculation of U.S. freight and warehouse expenses and recalculated
NTN's margin accordingly.
On January 27, 2005, the CIT sustained the Department's final
results of redetermination. See NSK Ltd. v. United States, 358 F. Supp.
2d 1313 (CIT 2005). NTN appealed the portion of the CIT's decision in
which it sustained the Department's use of facts otherwise available
and adverse inferences when determining NTN's antidumping duty margin.
NTN did not appeal the CIT's decision with respect to the remand
determination.
On March 7, 2007, the United States Court of Appeals for the
Federal Circuit (CAFC) affirmed the CIT's decision. See NSK Ltd. v.
United States, 481 F.3d 1355 (CAFC 2007). On May 3, 2007, the CAFC
denied a rehearing request.
On July 11, 2007, the Department published amended final results
pertaining to NTN for the period May 1, 2000, through April 30, 2001.
See Ball Bearings and Parts Thereof from Japan: Amended Final Results
of Antidumping Duty Administrative Review, 72 FR 37702 (July 11, 2007)
(Second Amended Final Results). Because the Department published the
Second Amended Final Results mistakenly before a final and conclusive
court decision, on July 23, 2007, the Department rescinded the Second
Amended Final Results. See Ball Bearings and Parts Thereof from Japan:
Rescission of Amended Final Results of Antidumping Duty Administrative
Review, 72 FR 40113 (July 23, 2007).
On September 28, 2007, NTN filed a petition for a writ of
certiorari with the United States Supreme Court in connection with the
final results of the 2000-2001 administrative review of the antidumping
duty order on ball bearings and parts thereof from Japan. The two
issues NTN raised in its petition for a writ of certiorari were the
Department's treatment of non-dumped sales and the Department's use of
facts otherwise available and adverse inferences when determining NTN's
antidumping duty margin.
On January 22, 2008, the United States Supreme Court denied NTN's
petition for a writ of certiorari. Therefore, there is now a final and
conclusive court decision in this case.
Amendment to Final Results
We are now amending the final results of this review to reflect the
final and conclusive decision of the CIT. Our revised calculations for
NTN changed the weighted-average margin for ball bearings and parts
thereof from Japan from 9.34 percent to 9.30 percent for the period May
1, 2000, through April 30, 2001. The Department will instruct CBP to
liquidate entries of subject merchandise from Japan from NTN during the
review period in accordance with these amended final results of review.
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 this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: March 17, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
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\1.\ NSK Ltd., NSK Corp., NSK Bearings Europe, MPB Corp., 3Asahi
Seiko Co., and Isuzu Motors, Ltd., also appealed the Department's
determination but the dumping margins the Department had calculated
for the period of review did not change as a result of the
litigation.
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[FR Doc. E8-5886 Filed 3-21-08; 8:45 am]
BILLING CODE 3510-DS-S
