Ball Bearings From Japan and the United Kingdom, 54070-54071 [E9-25244]
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54070
Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Notices
order on barium chloride from China
would be likely to lead to continuation
or recurrence of material injury within
a reasonably foreseeable time. A
schedule for the review will be
established and announced at a later
date. For further information concerning
the conduct of this review and rules of
general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A through
E (19 CFR part 201), and part 207,
subparts A, D, E, and F (19 CFR part
207).
DATES:
Effective Date: October 5, 2009.
FOR FURTHER INFORMATION CONTACT:
Mary Messer (202–205–3193), Office of
Investigations, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its Internet server (https://
www.usitc.gov). The public record for
this review may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
On
October 5, 2009, the Commission
determined that it should proceed to a
full review in the subject five-year
review pursuant to section 751(c)(5) of
the Act. The Commission found that the
domestic interested party group
response to its notice of institution (74
FR 31757, July 2, 2009) was adequate
and that the respondent interested party
group response was inadequate. The
Commission also found that other
circumstances warranted conducting a
full review.1 A record of the
Commissioners’ votes, the
Commission’s statement on adequacy,
and any individual Commissioner’s
statements will be available from the
Office of the Secretary and at the
Commission’s Web site.
jlentini on DSKJ8SOYB1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Authority: This review is being conducted
under authority of title VII of the Tariff Act
of 1930; this notice is published pursuant to
section 207.62 of the Commission’s rules.
By order of the Commission.
1 Commissioners Charlotte R. Lane, Irving A.
Williamson, and Dean A. Pinkert found that no
other circumstances warranted conducting a full
review and voted for an expedited review.
VerDate Nov<24>2008
17:33 Oct 20, 2009
Jkt 220001
Issued: October 14, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9–25246 Filed 10–20–09; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 731–TA–394–A & 399–
A (Second Review) (Remand)]
Ball Bearings From Japan and the
United Kingdom
AGENCY: United States International
Trade Commission.
ACTION: Notice of remand proceedings.
SUMMARY: The U.S. International Trade
Commission (‘‘Commission’’) hereby
gives notice of its second remand
proceedings with respect to its
affirmative determinations in the fiveyear reviews of the antidumping orders
on ball bearings from Japan and the
United Kingdom. For further
information concerning the conduct of
this proceeding and rules of general
application, consult the Commission’s
Rules of Practice and Procedure, part
201, subparts A through E (19 CFR part
201), and part 207, subpart A (19 CFR
part 207).
DATES: Effective Date: October 14, 2009.
FOR FURTHER INFORMATION CONTACT:
James McClure, Office of Investigations,
telephone 202–205–3191, or David
Goldfine, Office of General Counsel,
telephone 202–708–5452, U.S.
International Trade Commission, 500 E
Street SW., Washington, DC 20436.
Hearing-impaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its Internet server (https://
www.usitc.gov).
SUPPLEMENTARY INFORMATION:
Background.—In June 2006, the
Commission unanimously determined
that revocation of the antidumping duty
orders on ball bearings from France,
Germany, Italy, Japan, and the United
Kingdom would be likely to lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonable foreseeable
time. The Commission’s determinations
for Japan and the United Kingdom were
appealed to the Court of International
Trade (the ‘‘Court’’). On September 9,
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2008, the Court issued a decision
remanding the matter to the
Commission for further proceedings.
NSK v. United States, Slip Op. 08–95
(Ct. Int’l Trade, Sept. 9, 2008) (NSK I).
In its opinion, the Court issued an order
instructing the Commission to (1)
‘‘[C]onduct a Bratsk analysis of nonsubject imports as outlined in this
opinion;’’(2) ‘‘reassess supply
conditions within the domestic
industry,’’ i.e., the industry’s
restructuring efforts during the period of
review, and (3) ‘‘reexamine its findings
with regard to likely impact and its
decision to cumulate imports from the
United Kingdom in light of changes in
its determinations that may result as a
consequence of the foregoing remand
instructions.’’
On October 8, 2008, in accordance
with the Court’s order, the Commission
initiated remand proceedings in the
above-captioned reviews. The notice of
initiation for the remand proceeding
was published in the Federal Register at
73 FR 63217 (Oct. 20, 2008). The
Commission re-opened its record to
obtain information to conduct a Bratsk
analysis of non-subject imports as
outlined in the Court’s opinion. The
Commission also permitted parties to
file comments pertaining to the specific
issues that are the subject of the Court’s
remand instructions and to comment on
the new information obtained on
remand. Id.
On October 9, 2008, the Commission
filed a motion for reconsideration with
the Court. In the motion, the
Commission requested that the Court
reconsider its decision in light of the
Federal Circuit’s decision, Mittal Steel
Point Lisas Limited v. United States,
Court No. 2007–1552 (September 18,
2008) (Mittal). In its motion, the
Commission also requested that the CIT
issue a stay of the remand proceeding
pending the Court’s disposition of the
Commission’s motion for
reconsideration. Defendant-Intervenor
The Timken Company (‘‘Timken’’) filed
a similar motion for reconsideration and
a motion to stay the remand proceeding.
On October 29, 2008, the CIT granted
the requests of the Commission and
Timken to stay the Commission’s
remand proceeding pending its
reconsideration of the Commission’s
and Timken’s motions for
reconsideration. Accordingly, the
Commission stayed its remand
proceeding on November 17, 2008
pending the Court’s ruling on the
motions for reconsideration. On
December 29, 2008, the Court denied
the motions for reconsideration by the
Commission and Timken. NSK Corp. et
al. v. United States, Slip Op. 08–145
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21OCN1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Notices
(Dec. 29, 2008) (NSK II). Accordingly,
on February 6, 2009, the Commission
published a notice that it was resuming
its remand proceeding. The Commission
provided parties with an opportunity to
file comments on the Court’s remand
instructions and the evidence obtained
on remand, and directed that they be
filed by March 23, 2009. 74 FR 6174.
The Commission also prepared a
supplemental staff report regarding nonsubject producer questionnaire
information gathered in the remand
proceeding. On March 23, 2009,
comments on the remand were filed by
petitioner The Timken Company, and
the Japanese and United Kingdom
respondents JTEKT Corp., Koyo Corp. of
U.S.A., NSK Corporation, NSK Ltd., and
NSK Europe Ltd. On May 4, 2009, the
Commission issued its remand
determinations in Ball Bearings from
Japan and the United Kingdom, 731–
TA–394A & 399A, (Second Review)
(Remand), USITC Pub. 4082 (May 2009).
By unanimous vote, the Commission
again determined that revocation of the
antidumping duty orders on ball
bearings from France, Germany, Italy,
Japan, and the United Kingdom would
likely result in continuation or
recurrence of material injury within a
reasonably foreseeable time.
On August 31, 2009, the CIT issued an
opinion in NSK Corp. et al. v. United
States, Slip Op. 09–91 (NSK III), again
remanding the Commission’s affirmative
determinations in Certain Bearings and
Parts Thereof from Japan and the
United Kingdom, Inv. Nos. 731–TA–
394–A & 399–A (Second Review)
(Remand), USITC Pub. 4082 (May 2009).
In NSK III, the Court has remanded the
same three issues which it previously
remanded for further explanation in
NSK I and NSK II. First, the Court
remanded the Commission’s analysis of
non-subject imports, with instructions
to ‘‘to determine whether, in light of the
significant presence of non-subject
imports, the subject imports are more
than a mere minimal or tangential factor
in the material injury to the domestic
industry that is likely to continue or
recur in the absence of the antidumping
duty order.’’ NSK III at 29. Second, the
Court directed the Commission to
‘‘provide a more careful and reasoned
explanation of (1) the large scale
restructuring within the ball bearing
industry and (2) the significant rise in
non-subject imports in the U.S. market’’
as part of its cumulation analysis of the
subject imports from the United
Kingdom. Id. Third, the Court directed
the Commission to ‘‘revisit its
determination on the vulnerability of
the domestic market and the likely
VerDate Nov<24>2008
17:33 Oct 20, 2009
Jkt 220001
impact of subject imports on the
domestic market.’’ Id. at 30.
The Court has ordered the
Commission to file its remand
determination with the Court by January
5, 2010.
Participation in the proceeding.—
Only those persons who were interested
parties to the reviews (i.e., persons
listed on the Commission Secretary’s
service list) and parties to the appeal
may participate in the remand
proceeding. Such persons need not
make any additional filings with the
Commission to participate in the
remand proceeding, unless they are
adding new individuals to the list of
persons entitled to receive business
proprietary information under
administrative protective order.
Business proprietary information
(‘‘BPI’’) referred to during the remand
proceeding will be governed, as
appropriate, by the administrative
protective order issued in the reviews.
Written submissions.—The
Commission is not re-opening the
record in this remand proceeding. The
Commission will permit the parties to
file comments pertaining to the specific
issues that are the subject of the Court’s
remand instructions and, in this regard,
may comment on the new information
obtained on remand. Comments should
be limited to no more than fifteen (15)
double-spaced and single-sided pages of
textual material. No appendices or other
attachments are allowed. The parties
may not themselves submit any new
factual information in their comments
and may not address any issue other
than those that are the subject of the
Court’s remand instructions. Any such
comments must be filed with the
Commission no later than October 23,
2009.
All written submissions must conform
with the provisions of section 201.8 of
the Commission’s rules; any
submissions that contain BPI must also
conform with the requirements of
sections 201.6, 207.3, and 207.7 of the
Commission’s rules. The Commission’s
rules do not authorize filing of
submissions with the Secretary by
facsimile or electronic means, except to
the extent permitted by section 201.8 of
the Commission’s rules, as amended, 67
FR 68036 (Nov. 8, 2002).
In accordance with sections 201.16(c)
and 207.3 of the Commission’s rules,
each document filed by a party to the
investigation must be served on all other
parties to the investigation (as identified
by either the public or BPI service list),
and a certificate of service must be
timely filed. The Secretary will not
accept a document for filing without a
certificate of service.
PO 00000
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Fmt 4703
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54071
Parties are also advised to consult
with the Commission’s Rules of Practice
and Procedure, part 201, subparts A
through E (19 CFR part 201), and part
207, subpart A (19 CFR part 207) for
provisions of general applicability
concerning written submissions to the
Commission.
Issued: October 14, 2009.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9–25244 Filed 10–20–09; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
Summary of Commission Practice
Relating to Administrative Protective
Orders
AGENCY: U.S. International Trade
Commission.
ACTION: Summary of Commission
practice relating to administrative
protective orders.
SUMMARY: Since February 1991, the U.S.
International Trade Commission
(‘‘Commission’’) has issued an annual
report on the status of its practice with
respect to violations of its
administrative protective orders
(‘‘APOs’’) in investigations under Title
VII of the Tariff Act of 1930 in response
to a direction contained in the
Conference Report to the Customs and
Trade Act of 1990. Over time, the
Commission has added to its report
discussions of APO breaches in
Commission proceedings other than
under Title VII and violations of the
Commission’s rules including the rule
on bracketing business proprietary
information (‘‘BPI’’) (the ‘‘24-hour
rule’’), 19 CFR 207.3(c). This notice
provides a summary of investigations
completed during calendar year 2008 of
breaches in proceedings under Title VII,
section 337 of the Tariff Act of 1930 and
section 421 of the Trade Act of 1974. In
addition, there is a summary of rules
violation investigations completed in
2008. The Commission intends that this
report inform representatives of parties
to Commission proceedings as to some
specific types of APO breaches and
rules violations encountered by the
Commission and the corresponding
types of actions the Commission has
taken.
FOR FURTHER INFORMATION CONTACT:
Carol McCue Verratti, Esq., Office of the
General Counsel, U.S. International
Trade Commission, telephone (202)
205–3088. Hearing impaired individuals
E:\FR\FM\21OCN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 202 (Wednesday, October 21, 2009)]
[Notices]
[Pages 54070-54071]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25244]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 731-TA-394-A & 399-A (Second Review) (Remand)]
Ball Bearings From Japan and the United Kingdom
AGENCY: United States International Trade Commission.
ACTION: Notice of remand proceedings.
-----------------------------------------------------------------------
SUMMARY: The U.S. International Trade Commission (``Commission'')
hereby gives notice of its second remand proceedings with respect to
its affirmative determinations in the five-year reviews of the
antidumping orders on ball bearings from Japan and the United Kingdom.
For further information concerning the conduct of this proceeding and
rules of general application, consult the Commission's Rules of
Practice and Procedure, part 201, subparts A through E (19 CFR part
201), and part 207, subpart A (19 CFR part 207).
DATES: Effective Date: October 14, 2009.
FOR FURTHER INFORMATION CONTACT: James McClure, Office of
Investigations, telephone 202-205-3191, or David Goldfine, Office of
General Counsel, telephone 202-708-5452, U.S. International Trade
Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired
persons can obtain information on this matter by contacting the
Commission's TDD terminal on 202-205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at 202-205-2000.
General information concerning the Commission may also be obtained by
accessing its Internet server (https://www.usitc.gov).
SUPPLEMENTARY INFORMATION:
Background.--In June 2006, the Commission unanimously determined
that revocation of the antidumping duty orders on ball bearings from
France, Germany, Italy, Japan, and the United Kingdom would be likely
to lead to continuation or recurrence of material injury to an industry
in the United States within a reasonable foreseeable time. The
Commission's determinations for Japan and the United Kingdom were
appealed to the Court of International Trade (the ``Court''). On
September 9, 2008, the Court issued a decision remanding the matter to
the Commission for further proceedings. NSK v. United States, Slip Op.
08-95 (Ct. Int'l Trade, Sept. 9, 2008) (NSK I). In its opinion, the
Court issued an order instructing the Commission to (1) ``[C]onduct a
Bratsk analysis of non-subject imports as outlined in this
opinion;''(2) ``reassess supply conditions within the domestic
industry,'' i.e., the industry's restructuring efforts during the
period of review, and (3) ``reexamine its findings with regard to
likely impact and its decision to cumulate imports from the United
Kingdom in light of changes in its determinations that may result as a
consequence of the foregoing remand instructions.''
On October 8, 2008, in accordance with the Court's order, the
Commission initiated remand proceedings in the above-captioned reviews.
The notice of initiation for the remand proceeding was published in the
Federal Register at 73 FR 63217 (Oct. 20, 2008). The Commission re-
opened its record to obtain information to conduct a Bratsk analysis of
non-subject imports as outlined in the Court's opinion. The Commission
also permitted parties to file comments pertaining to the specific
issues that are the subject of the Court's remand instructions and to
comment on the new information obtained on remand. Id.
On October 9, 2008, the Commission filed a motion for
reconsideration with the Court. In the motion, the Commission requested
that the Court reconsider its decision in light of the Federal
Circuit's decision, Mittal Steel Point Lisas Limited v. United States,
Court No. 2007-1552 (September 18, 2008) (Mittal). In its motion, the
Commission also requested that the CIT issue a stay of the remand
proceeding pending the Court's disposition of the Commission's motion
for reconsideration. Defendant-Intervenor The Timken Company
(``Timken'') filed a similar motion for reconsideration and a motion to
stay the remand proceeding.
On October 29, 2008, the CIT granted the requests of the Commission
and Timken to stay the Commission's remand proceeding pending its
reconsideration of the Commission's and Timken's motions for
reconsideration. Accordingly, the Commission stayed its remand
proceeding on November 17, 2008 pending the Court's ruling on the
motions for reconsideration. On December 29, 2008, the Court denied the
motions for reconsideration by the Commission and Timken. NSK Corp. et
al. v. United States, Slip Op. 08-145
[[Page 54071]]
(Dec. 29, 2008) (NSK II). Accordingly, on February 6, 2009, the
Commission published a notice that it was resuming its remand
proceeding. The Commission provided parties with an opportunity to file
comments on the Court's remand instructions and the evidence obtained
on remand, and directed that they be filed by March 23, 2009. 74 FR
6174.
The Commission also prepared a supplemental staff report regarding
non-subject producer questionnaire information gathered in the remand
proceeding. On March 23, 2009, comments on the remand were filed by
petitioner The Timken Company, and the Japanese and United Kingdom
respondents JTEKT Corp., Koyo Corp. of U.S.A., NSK Corporation, NSK
Ltd., and NSK Europe Ltd. On May 4, 2009, the Commission issued its
remand determinations in Ball Bearings from Japan and the United
Kingdom, 731-TA-394A & 399A, (Second Review) (Remand), USITC Pub. 4082
(May 2009). By unanimous vote, the Commission again determined that
revocation of the antidumping duty orders on ball bearings from France,
Germany, Italy, Japan, and the United Kingdom would likely result in
continuation or recurrence of material injury within a reasonably
foreseeable time.
On August 31, 2009, the CIT issued an opinion in NSK Corp. et al.
v. United States, Slip Op. 09-91 (NSK III), again remanding the
Commission's affirmative determinations in Certain Bearings and Parts
Thereof from Japan and the United Kingdom, Inv. Nos. 731-TA-394-A &
399-A (Second Review) (Remand), USITC Pub. 4082 (May 2009). In NSK III,
the Court has remanded the same three issues which it previously
remanded for further explanation in NSK I and NSK II. First, the Court
remanded the Commission's analysis of non-subject imports, with
instructions to ``to determine whether, in light of the significant
presence of non-subject imports, the subject imports are more than a
mere minimal or tangential factor in the material injury to the
domestic industry that is likely to continue or recur in the absence of
the antidumping duty order.'' NSK III at 29. Second, the Court directed
the Commission to ``provide a more careful and reasoned explanation of
(1) the large scale restructuring within the ball bearing industry and
(2) the significant rise in non-subject imports in the U.S. market'' as
part of its cumulation analysis of the subject imports from the United
Kingdom. Id. Third, the Court directed the Commission to ``revisit its
determination on the vulnerability of the domestic market and the
likely impact of subject imports on the domestic market.'' Id. at 30.
The Court has ordered the Commission to file its remand
determination with the Court by January 5, 2010.
Participation in the proceeding.--Only those persons who were
interested parties to the reviews (i.e., persons listed on the
Commission Secretary's service list) and parties to the appeal may
participate in the remand proceeding. Such persons need not make any
additional filings with the Commission to participate in the remand
proceeding, unless they are adding new individuals to the list of
persons entitled to receive business proprietary information under
administrative protective order. Business proprietary information
(``BPI'') referred to during the remand proceeding will be governed, as
appropriate, by the administrative protective order issued in the
reviews.
Written submissions.--The Commission is not re-opening the record
in this remand proceeding. The Commission will permit the parties to
file comments pertaining to the specific issues that are the subject of
the Court's remand instructions and, in this regard, may comment on the
new information obtained on remand. Comments should be limited to no
more than fifteen (15) double-spaced and single-sided pages of textual
material. No appendices or other attachments are allowed. The parties
may not themselves submit any new factual information in their comments
and may not address any issue other than those that are the subject of
the Court's remand instructions. Any such comments must be filed with
the Commission no later than October 23, 2009.
All written submissions must conform with the provisions of section
201.8 of the Commission's rules; any submissions that contain BPI must
also conform with the requirements of sections 201.6, 207.3, and 207.7
of the Commission's rules. The Commission's rules do not authorize
filing of submissions with the Secretary by facsimile or electronic
means, except to the extent permitted by section 201.8 of the
Commission's rules, as amended, 67 FR 68036 (Nov. 8, 2002).
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigation must be
served on all other parties to the investigation (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Parties are also advised to consult with the Commission's Rules of
Practice and Procedure, part 201, subparts A through E (19 CFR part
201), and part 207, subpart A (19 CFR part 207) for provisions of
general applicability concerning written submissions to the Commission.
Issued: October 14, 2009.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-25244 Filed 10-20-09; 8:45 am]
BILLING CODE 7020-02-P
