Ball Bearings and Parts Thereof From Germany: Amended Final Results of Antidumping Duty Administrative Review Pursuant to a Court Decision, 19045-19046 [E9-9524]

Download as PDF Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Notices pwalker on PROD1PC71 with NOTICES During any administrative review covering all or part of a period falling between the first and second or third and fourth anniversary of the publication of an antidumping duty order under 19 CFR 351.211 or a determination under 19 CFR 351.218(f)(4) to continue an order or suspended investigation (after sunset review), the Secretary, if requested by a domestic interested party within 30 days of the date of publication of the notice of initiation of the review, will determine, consistent with FAG Italia v. United States, 291 F.3d 806 (Fed. Cir. 2002), as appropriate, whether antidumping duties have been absorbed by an exporter or producer subject to the review if the subject merchandise is sold in the United States through an importer that is affiliated with such exporter or producer. The request must include the name(s) of the exporter or producer for which the inquiry is requested. Interested parties must submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures (73 FR 3634). Those procedures apply to administrative reviews included in this notice of initiation. Parties wishing to participate in any of these administrative reviews should ensure that they meet the requirements of these procedures (e.g., the filing of separate letters of appearance as discussed at 19 CFR 351.103(d)). These initiations and this notice are in accordance with section 751(a) of the Tariff Act of 1930, as amended (19 U.S.C. 1765(a)), and 19 CFR 351.221(c)(1)(i). 3 If the above-named company does not qualify for a separate rate, all other exporters of Certain Preserved Mushrooms from the People’s Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. Also, this case was inadvertently omitted from the initiation notice that published on March 24, 2009 (74 FR 12310). 4 If one of the above-named companies does not qualify for a separate rate, all other exporters of Certain Tissue Paper Products from the People’s Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 5 If one of the above-named companies does not qualify for a separate rate, all other exporters of Glycine from the People’s Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 6 If one of the above-named companies does not qualify for a separate rate, all other exporters of VerDate Nov<24>2008 15:55 Apr 24, 2009 Jkt 217001 Dated: April 21, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–9587 Filed 4–24–09; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–428–801] Ball Bearings and Parts Thereof From Germany: Amended Final Results of Antidumping Duty Administrative Review Pursuant to a Court Decision AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 29, 2007, the United States Court of International Trade (CIT) affirmed the redetermination of the Department of Commerce (the Department) on voluntary remand of the final results of the administrative review of the antidumping duty order on ball bearings and parts thereof from ¨ Germany. See Paul Muller Industrie GmbH & Co. v. United States, 502 F. Supp. 2d 1271 (CIT 2007). The Department is amending the final results of the administrative review of the antidumping duty order on ball bearings and parts thereof from Germany covering the period of review May 1, 2002, through April 30, 2003, to reflect the CIT’s order. DATES: Effective Date: April 27, 2009. FOR FURTHER INFORMATION CONTACT: Yang Jin Chun 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) 482–5760 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 Germany for the period May 1, 2002, through April 30, 2003. See Antifriction Bearings and Parts Thereof From France, et al.: Final Results of Antidumping Duty Administrative Reviews, Rescission of Sodium Hexametaphosphate from the People’s Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 19045 Administrative Reviews in Part, and Determination To Revoke Order in Part, 69 FR 55574 (September 15, 2004) (Final Results). The Final Results were amended in Ball Bearings and Parts Thereof From Germany; Amended Final Results of Antidumping Duty Administrative Review, 69 FR 63507 (November 2, 2004) (Amended Final Results). ¨ Paul Muller Industrie GmbH & Co. ¨ (Paul Muller) and Timken US Corporation1 filed lawsuits challenging the Final Results as amended by the Amended Final Results. The Department requested a voluntary remand on two issues. On May 26, 2006, the CIT granted the Department’s request and ordered the Department to correct a ministerial error involving a billing adjustment reported by Paul ¨ Muller for one home–market transaction, and to recalculate its antidumping margin accordingly, and ¨ explain its treatment of Paul Muller’s inventory carrying costs. See Paul ¨ Muller Industrie GmbH & Co. v. United States, 435 F. Supp. 2d 1241, 1246–47 ¨ (CIT 2006) (Paul Muller 2006) In accordance with the CIT’s remand ¨ order in Paul Muller 2006, the Department filed its redetermination on remand of the final results (remand results) on September 13, 2006. In its remand results, the Department corrected the ministerial error and made a change to its treatment of the inventory carrying costs to ensure that home–market and U.S. inventory carrying costs were calculated on a consistent basis. On June 29, 2007, the CIT affirmed the Department’s remand ¨ results. See Paul Muller Industrie GmbH & Co. v. United States, 502 F. Supp. 2d 1271 (CIT 2007). Amended Final Results of the Review Based on the remand results, we are amending the weighted–average margin ¨ for Paul Muller for the period May 1, 2002, through April 30, 2003, from 0.44 percent to 0.46 percent. Assessment of Duties The Department has determined, and U.S. Customs and Border Protection shall assess, antidumping duties on all appropriate entries covered by these amended final results. Notifications This notice 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 1 Timken US Corporation is currently known as the Timken Company. E:\FR\FM\27APN1.SGM 27APN1 19046 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Notices liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO as explained in the APO itself. See 19 CFR 351.305(a)(3). Timely written notification of the 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 sanctionable violation. We are issuing and publishing these amended final results of administrative review in accordance with sections 751(a)(1) and 777(i) of the Tariff Act of 1930, as amended. Dated: April 21, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. E9–9524 Filed 4–24–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–601] Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, From the People’s Republic of China: Extension of Time Limit for the Preliminary Results of the 2007–2008 Administrative Review of the Antidumping Duty Order pwalker on PROD1PC71 with NOTICES AGENCY: Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: April 27, 2009. FOR FURTHER INFORMATION CONTACT: Frances Veith or Brendan Quinn, AD/ CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482–4295 or (202) 482– 5848, respectively. SUPPLEMENTARY INFORMATION: Background On July 30, 2008, the Department of Commerce (‘‘the Department’’) initiated the administrative review of the antidumping duty order on tapered VerDate Nov<24>2008 17:28 Apr 24, 2009 Jkt 217001 roller bearings and parts thereof, finished or unfinished (‘‘TRBs’’), from the People’s Republic of China (‘‘PRC’’) for the period June 1, 2007 through May 31, 2008. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, Request for Revocation in Part, and Deferral of Administrative Review, 73 FR 44220 (July 30, 2008). On February 19, 2009, the Department published a notice in the Federal Register extending the time limit for the preliminary results of review by 90 days, until June 1, 2009. See Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, from the People’s Republic of China: Extension of Time Limit for the Preliminary Results of the 2007–2008 Administrative Review of the Antidumping Duty Order, 74 FR 7661 (February 19, 2009). Statutory Time Limits Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to make a preliminary determination in an administrative review within 245 days after the last day of the anniversary month of an order for which a review is requested and a final determination within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within these time periods, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary determination to a maximum of 365 days after the last day of the anniversary month. Extension of Time Limit of Preliminary Results We determine that it is not practicable to complete the preliminary results of this review within the current extended time limit because the Department requires additional time to analyze the supplemental questionnaire responses and issue additional supplemental questionnaires, if necessary. Therefore, the Department is extending the time limit for completion of the preliminary results by an additional 30 days. Thus, the preliminary results of this review are being fully extended by 120 days from the original deadline of March 2, 2009, which results in a new deadline of June 30, 2009. The final results continue to be due 120 days after the publication of the preliminary results. We are issuing and publishing this notice in accordance with sections 751(a)(3)(A) and 777(i)(1) of the Act. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Dated: April 21, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–9562 Filed 4–24–09; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–836] Certain Cut–to-Length Carbon–Quality Steel Plate Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 19, 2008, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain cut–to-length carbon–quality steel plate products (steel plate) from the Republic of Korea (Korea). The period of review is February 1, 2007, through January 31, 2008. We gave interested parties an opportunity to comment on the preliminary results. Based on our analysis of the comments received and an examination of our calculations, we have made changes for the final results. The final weighted–average dumping margin is listed below in the ‘‘Final Results of the Review’’ section of this notice. Effective Date: April 27, 2009. Lyn Johnson or Minoo Hatten, 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) 482–5287 and (202) 482–1690, respectively. SUPPLEMENTARY INFORMATION: DATES: FOR FURTHER INFORMATION CONTACT: Background On December 19, 2008, the Department published Certain Cut–toLength Carbon–Quality Steel Plate Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review, 73 FR 77614 (December 19, 2008) (Preliminary Results), in the Federal Register. The administrative review covers one producer of the subject merchandise, Dongkuk Steel Mill Co., Ltd. (DSM). We invited parties to comment on the Preliminary Results. We received case E:\FR\FM\27APN1.SGM 27APN1

Agencies

[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Notices]
[Pages 19045-19046]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9524]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-801]


Ball Bearings and Parts Thereof From Germany: Amended Final 
Results of Antidumping Duty Administrative Review Pursuant to a Court 
Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 29, 2007, the United States Court of International 
Trade (CIT) affirmed the redetermination of the Department of Commerce 
(the Department) on voluntary remand of the final results of the 
administrative review of the antidumping duty order on ball bearings 
and parts thereof from Germany. See Paul M[uuml]ller Industrie GmbH & 
Co. v. United States, 502 F. Supp. 2d 1271 (CIT 2007). The Department 
is amending the final results of the administrative review of the 
antidumping duty order on ball bearings and parts thereof from Germany 
covering the period of review May 1, 2002, through April 30, 2003, to 
reflect the CIT's order.

DATES: Effective Date: April 27, 2009.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun 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-
5760 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 Germany for the period May 1, 2002, 
through April 30, 2003. See Antifriction Bearings and Parts Thereof 
From France, et al.: 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 Final Results were amended in Ball Bearings and 
Parts Thereof From Germany; Amended Final Results of Antidumping Duty 
Administrative Review, 69 FR 63507 (November 2, 2004) (Amended Final 
Results).
    Paul M[uuml]ller Industrie GmbH & Co. (Paul M[uuml]ller) and Timken 
US Corporation\1\ filed lawsuits challenging the Final Results as 
amended by the Amended Final Results. The Department requested a 
voluntary remand on two issues. On May 26, 2006, the CIT granted the 
Department's request and ordered the Department to correct a 
ministerial error involving a billing adjustment reported by Paul 
M[uuml]ller for one home-market transaction, and to recalculate its 
antidumping margin accordingly, and explain its treatment of Paul 
M[uuml]ller's inventory carrying costs. See Paul M[uuml]ller Industrie 
GmbH & Co. v. United States, 435 F. Supp. 2d 1241, 1246-47 (CIT 2006) 
(Paul M[uuml]ller 2006)
---------------------------------------------------------------------------

    \1\ Timken US Corporation is currently known as the Timken 
Company.
---------------------------------------------------------------------------

    In accordance with the CIT's remand order in Paul M[uuml]ller 2006, 
the Department filed its redetermination on remand of the final results 
(remand results) on September 13, 2006. In its remand results, the 
Department corrected the ministerial error and made a change to its 
treatment of the inventory carrying costs to ensure that home-market 
and U.S. inventory carrying costs were calculated on a consistent 
basis. On June 29, 2007, the CIT affirmed the Department's remand 
results. See Paul M[uuml]ller Industrie GmbH & Co. v. United States, 
502 F. Supp. 2d 1271 (CIT 2007).

Amended Final Results of the Review

    Based on the remand results, we are amending the weighted-average 
margin for Paul M[uuml]ller for the period May 1, 2002, through April 
30, 2003, from 0.44 percent to 0.46 percent.

Assessment of Duties

    The Department has determined, and U.S. Customs and Border 
Protection shall assess, antidumping duties on all appropriate entries 
covered by these amended final results.

Notifications

    This notice 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

[[Page 19046]]

liquidation of the relevant entries during this review period. Failure 
to comply with this requirement could result in the Department's 
presumption that reimbursement of antidumping duties occurred and the 
subsequent assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the APO itself. See 19 CFR 351.305(a)(3). Timely 
written notification of the 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 sanctionable violation.
    We are issuing and publishing these amended final results of 
administrative review in accordance with sections 751(a)(1) and 777(i) 
of the Tariff Act of 1930, as amended.

    Dated: April 21, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-9524 Filed 4-24-09; 8:45 am]
BILLING CODE 3510-DS-S