Notice of Amended Final Results of Antidumping Duty Administrative Reviews: Ball Bearings and Parts Thereof from Japan, 74703-74704 [E8-29127]

Download as PDF Federal Register / Vol. 73, No. 237 / Tuesday, December 9, 2008 / Notices defined by the Regulatory Flexibility Act. No Taking Implications The Agency has analyzed these final directives in accordance with the principles and criteria contained in E.O. 12630. The Agency has determined that these final directives will not pose the risk of a taking of private property. Federalism and Consultation and Coordination With Indian Tribal Governments The Agency has considered these final directives under the requirements of E.O. 13132 on federalism and has determined that the final directives conform to the federalism principles set out in this E.O.; will not impose any compliance costs on the States; and will not have substantial direct effects on the States, the relationship between the Federal government and the States, or the distribution of power and responsibilities among the various levels of government. Therefore, the Agency has determined that no further assessment of federalism implications is necessary. Moreover, these directives do not have Tribal implications as defined by E.O. 13175, Consultation and Coordination With Indian Tribal Governments, and therefore advance consultation with Tribes is not required. Energy Effects The Agency has reviewed these final directives under E.O. 13211 of May 18, 2001, Actions Concerning Regulations That Significantly Affect the Energy Supply. The Agency has determined that these final directives do not constitute a significant energy action as defined in the E.O. pwalker on PROD1PC71 with NOTICES Unfunded Mandates Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538), which the President signed into law on March 22, 1995, the Agency has assessed the effects of these final directives on State, local, and Tribal governments and the private sector. These final directives will not compel the expenditure of $100 million or more by any State, local, or Tribal government or anyone in the private sector. Therefore, a statement under section 202 of the act is not required. Controlling Paperwork Burdens on the Public These final directives do not contain any recordkeeping or reporting requirements or other information collection requirements as defined in 5 CFR part 1320 that are not already VerDate Aug<31>2005 17:00 Dec 08, 2008 Jkt 217001 required by law or not already approved for use. Accordingly, the review provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its implementing regulations at 5 CFR part 1320 do not apply. Access to the Final Directives The Forest Service organizes its directive system by alphanumeric codes and subject headings. The intended audience for this direction is Forest Service employees charged with travel planning and management. The full text of FSM 2350, 7700, and 7710 and FSH 7709.55 is available electronically on the World Wide Web at http:// www.fs.fed.us/im/directives/. Dated: November 4, 2008. Abigail R. Kimbell, Chief, Forest Service. [FR Doc. E8–29041 Filed 12–8–08; 8:45 am] BILLING CODE 3410–11–P DEPARTMENT OF COMMERCE International Trade Administration Applications for Duty–Free Entry of Scientific Instruments Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106– 36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States. Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before (Insert date 20 days after publication in the FEDERAL REGISTER). Address written comments to Statutory Import Programs Staff, Room 2104, U.S. Department of Commerce, Washington, D.C. 20230. Applications may be examined between 8:30 A.M. and 5:00 P.M. at the U.S. Department of Commerce in Room 2104. Docket Number: 08–055. Applicant: House Ear Institute, 2100 W. Third Street, Los Angeles, CA 90057. Instrument: Electron Microscope, Model Technai G2 20 TEM. Manufacturer: FEI Company, Czech Republic. Intended Use: The instrument will be installed in a multi–user shared imaging facility and is intended to be used in hearing research on the cochlea, the mammalian organ of hearing. Specifically, it will be used for examining the cochlear tissues, cells and cell fragments to determine how the normal cochlea functions and how hearing defects affect PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 74703 ultrastructural morphology and protein distribution. Application accepted by Commissioner of Customs: November 3, 2008. Dated: December 3, 2008. Christopher Cassel, Director, Statutory Import Programs Staff, Import Administration. [FR Doc. E8–29124 Filed 12–8–08; 8:45 am] Billing Code: 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–588–804] Notice of Amended Final Results of Antidumping Duty Administrative Reviews: Ball Bearings and Parts Thereof from Japan AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 11, 2008, the Department of Commerce published in the Federal Register the final results of the administrative reviews of the antidumping duty orders on ball bearings and parts thereof from France, Germany, Italy, Japan, and the United Kingdom. The period of review is May 1, 2006, through April 30, 2007. Based on the correction of a ministerial error with respect to NTN’s home–market packing expense, we have changed the margin for NTN Corporation (NTN) and, as a result, the margins for non–selected respondents for the final results of review with respect to the antidumping duty order on ball bearings and parts thereof from Japan. EFFECTIVE DATE: September 11, 2008 FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Richard Rimlinger, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone: (202) 482–0410 and (202) 482–4477, respectively. SUPPLEMENTARY INFORMATION: Background On September 11, 2008, the Department of Commerce (the Department) published in the Federal Register the final results of the administrative reviews of the antidumping duty orders on ball bearings and parts thereof (ball bearings) from France, Germany, Italy, Japan, and the United Kingdom. See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping E:\FR\FM\09DEN1.SGM 09DEN1 74704 Federal Register / Vol. 73, No. 237 / Tuesday, December 9, 2008 / Notices Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 52823 (September 11, 2008) (Final Results). We received a timely allegation of a ministerial error pursuant to 19 CFR § 351.224(c) from The Timken Company, a petitioner, that our recalculation of NTN’s home–market packing expenses reflected use of incorrect expense ratios. We agree that there is a ministerial error. Before the Department issued amended final results reflecting correction of the ministerial error, NTN filed a summons and complaint to challenge the Final Results. Aisin Seiki Company, Ltd., also filed a summons and complaint with the Court of International Trade (CIT) to challenge the Final Results. In both cases, jurisdiction over the administrative proceeding vested with the CIT. The Department subsequently moved for leave of court to amend the Final Results. On November 24, 2008, the CIT granted the Department’s motion. See NTN Corporation v. United States, Slip Op. 08–129, Consol. Court No. 08– 00329 (November 24, 2008). Therefore, we are hereby amending the Final Results with respect to NTN to correct the error in our calculation of NTN’s home–market packing expenses in accordance with 19 CFR § 351.224(e). For details regarding the ministerial error, see the memorandum from Thomas Schauer to the File entitled ‘‘Ball Bearings from Japan - NTN Corporation (NTN) Amended Final Results Analysis Memorandum’’ dated December 3, 2008. In addition, because the margin we calculated for respondents not selected for individual examination was based on a simple average of the rates of the two selected respondents in this review (JTEKT Corporation and NTN), we have recalculated the margin for the non– selected respondents to reflect the change in NTN’s margin. Amended Final Results of Review As a result of the corrections of the ministerial error, we determine that the following percentage weighted–average dumping margins on ball bearings and parts thereof exist for the period May 1, 2006, through April 30, 2007: pwalker on PROD1PC71 with NOTICES Company Margin Aisin Seiki Company, Ltd. ................ Canon, Inc. ....................................... Nachi–Fujikoshi Corp. ...................... Nippon Pillow Block Company Ltd. .. NTN .................................................. Sapporo Precision, Inc ..................... Toyota Motor Corp./Toyota Industries Corp. ..................................... VerDate Aug<31>2005 17:00 Dec 08, 2008 10.31 10.31 10.31 10.31 12.58 10.31 10.31 Jkt 217001 Company Margin Yamazaki Mazak Trading Company 10.31 The Department will determine and the U.S. Bureau of Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries. Except where the CIT has issued preliminary injunctions enjoining the liquidation of certain entries during the period of review, we intend to issue appropriate assessment instructions directly to CBP 15 days after publication of these amended final results of review. For a general discussion of the application of assessment rates, see Final Results, 73 FR at 52825–6. We will also direct CBP to collect cash deposits of estimated antidumping duties on all appropriate entries at the rates as amended by this notice and in accordance with the procedures discussed in the Final Results, 73 FR at 52825–6. The amended deposit requirements are effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after September 11, 2008, the date on which we published the Final Results in the Federal Register. We will instruct CBP to collect cash deposits of estimated antidumping duties for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption as provided for by section 751(a)(2)(C) of the Act, based on these amended final results, retroactively effective to September 11, 2008, the date of publication of the Final Results. We are issuing and publishing this determination and notice in accordance with sections 751(a)(1) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR § 351.224(e). Dated: December 3, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–29127 Filed 12–8–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–583–831] Stainless Steel Sheet and Strip in Coils From Taiwan: Final Results and Rescission in Part of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 5, 2008, the Department of Commerce (the PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 Department) published the preliminary results of the administrative review of the antidumping duty order on stainless steel sheet and strip in coils (SSSSC) from Taiwan. This review covers one producer/exporter of the subject merchandise to the United States. The period of review (POR) is July 1, 2006, through June 30, 2007. We are rescinding the review with respect to two companies because these companies had no shipments of subject merchandise during the POR. Based on our analysis of the comments received, we have made no changes in the margin calculation. Therefore, the final results do not differ from the preliminary results. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled ‘‘Final Results of Review.’’ DATES: Effective Date: December 9, 2008. FOR FURTHER INFORMATION CONTACT: Henry Almond, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482–0049. SUPPLEMENTARY INFORMATION: Background This review covers three producers/ exporters: Chia Far Industrial Factory Co., Ltd. (Chia Far), Yieh United Steel Corporation (YUSCO), and Ta Chen Stainless Pipe Co., Ltd. (Ta Chen). Chia Far is the only company participating in this review, and we are rescinding the review with respect to YUSCO and Ta Chen. On August 5, 2008, the Department published in the Federal Register the preliminary results of administrative review of the antidumping duty order on SSSSC from Taiwan. See Stainless Steel Sheet and Strip in Coils from Taiwan: Preliminary Results and Preliminary Rescission in Part of Antidumping Duty Administrative Review, 73 FR 45393 (Aug. 5, 2008) (Preliminary Results). We invited parties to comment on our preliminary results of review. In September 2008, we received a case brief from the petitioners 1 and a rebuttal brief from Chia Far. The Department has conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). 1 The petitioners are Allegheny Ludlum Corporation, AK Steel Corporation, United Auto Workers Local 3303, United Steelworkers of America, AFL–CIO/CLC, and Zanesville Armco Independent Organization. E:\FR\FM\09DEN1.SGM 09DEN1

Agencies

[Federal Register Volume 73, Number 237 (Tuesday, December 9, 2008)]
[Notices]
[Pages 74703-74704]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29127]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-804]


Notice of Amended Final Results of Antidumping Duty 
Administrative Reviews: Ball Bearings and Parts Thereof from Japan

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 11, 2008, the Department of Commerce published in 
the Federal Register the final results of the administrative reviews of 
the antidumping duty orders on ball bearings and parts thereof from 
France, Germany, Italy, Japan, and the United Kingdom. The period of 
review is May 1, 2006, through April 30, 2007. Based on the correction 
of a ministerial error with respect to NTN's home-market packing 
expense, we have changed the margin for NTN Corporation (NTN) and, as a 
result, the margins for non-selected respondents for the final results 
of review with respect to the antidumping duty order on ball bearings 
and parts thereof from Japan.

EFFECTIVE DATE: September 11, 2008

FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Richard Rimlinger, 
AD/CVD Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington DC 20230; telephone: (202) 482-0410 
and (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 11, 2008, the Department of Commerce (the Department) 
published in the Federal Register the final results of the 
administrative reviews of the antidumping duty orders on ball bearings 
and parts thereof (ball bearings) from France, Germany, Italy, Japan, 
and the United Kingdom. See Ball Bearings and Parts Thereof from 
France, Germany, Italy, Japan, and the United Kingdom: Final Results of 
Antidumping

[[Page 74704]]

Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 
52823 (September 11, 2008) (Final Results).
    We received a timely allegation of a ministerial error pursuant to 
19 CFR Sec.  351.224(c) from The Timken Company, a petitioner, that our 
recalculation of NTN's home-market packing expenses reflected use of 
incorrect expense ratios. We agree that there is a ministerial error.
    Before the Department issued amended final results reflecting 
correction of the ministerial error, NTN filed a summons and complaint 
to challenge the Final Results. Aisin Seiki Company, Ltd., also filed a 
summons and complaint with the Court of International Trade (CIT) to 
challenge the Final Results. In both cases, jurisdiction over the 
administrative proceeding vested with the CIT.
    The Department subsequently moved for leave of court to amend the 
Final Results. On November 24, 2008, the CIT granted the Department's 
motion. See NTN Corporation v. United States, Slip Op. 08-129, Consol. 
Court No. 08-00329 (November 24, 2008). Therefore, we are hereby 
amending the Final Results with respect to NTN to correct the error in 
our calculation of NTN's home-market packing expenses in accordance 
with 19 CFR Sec.  351.224(e). For details regarding the ministerial 
error, see the memorandum from Thomas Schauer to the File entitled 
``Ball Bearings from Japan - NTN Corporation (NTN) Amended Final 
Results Analysis Memorandum'' dated December 3, 2008.
    In addition, because the margin we calculated for respondents not 
selected for individual examination was based on a simple average of 
the rates of the two selected respondents in this review (JTEKT 
Corporation and NTN), we have recalculated the margin for the non-
selected respondents to reflect the change in NTN's margin.

Amended Final Results of Review

    As a result of the corrections of the ministerial error, we 
determine that the following percentage weighted-average dumping 
margins on ball bearings and parts thereof exist for the period May 1, 
2006, through April 30, 2007:

------------------------------------------------------------------------
                            Company                               Margin
------------------------------------------------------------------------
Aisin Seiki Company, Ltd.......................................    10.31
Canon, Inc.....................................................    10.31
Nachi-Fujikoshi Corp...........................................    10.31
Nippon Pillow Block Company Ltd................................    10.31
NTN............................................................    12.58
Sapporo Precision, Inc.........................................    10.31
Toyota Motor Corp./Toyota Industries Corp......................    10.31
Yamazaki Mazak Trading Company.................................    10.31
------------------------------------------------------------------------

    The Department will determine and the U.S. Bureau of Customs and 
Border Protection (CBP) shall assess antidumping duties on all 
appropriate entries. Except where the CIT has issued preliminary 
injunctions enjoining the liquidation of certain entries during the 
period of review, we intend to issue appropriate assessment 
instructions directly to CBP 15 days after publication of these amended 
final results of review. For a general discussion of the application of 
assessment rates, see Final Results, 73 FR at 52825-6.
    We will also direct CBP to collect cash deposits of estimated 
antidumping duties on all appropriate entries at the rates as amended 
by this notice and in accordance with the procedures discussed in the 
Final Results, 73 FR at 52825-6. The amended deposit requirements are 
effective for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after September 11, 
2008, the date on which we published the Final Results in the Federal 
Register. We will instruct CBP to collect cash deposits of estimated 
antidumping duties for all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption as provided for 
by section 751(a)(2)(C) of the Act, based on these amended final 
results, retroactively effective to September 11, 2008, the date of 
publication of the Final Results.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Tariff Act of 
1930, as amended, and 19 CFR Sec.  351.224(e).

    Dated: December 3, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-29127 Filed 12-8-08; 8:45 am]
BILLING CODE 3510-DS-S