Ball Bearings and Parts Thereof From Japan and the United Kingdom: Notice of Court Decision Not in Harmony With Continuation of Antidumping Duty Orders, 35401-35402 [2011-15128]

Download as PDF 35401 Federal Register / Vol. 76, No. 117 / Friday, June 17, 2011 / Notices —ASTM specifications A710 and A736. —USS Abrasion-resistant steels (USS AR 400, USS AR 500). —Tool steels, as defined in the HTSUS. —Silico-manganese (as defined in the HTSUS) or silicon electrical steel with a silicon level exceeding 1.50 percent. —Hot-rolled steel coil which meets the following chemical, physical and mechanical specifications: C Mn P S Si Cr Cu 0.10–0.14% ....... 0.90% Max ...... 0.025% Max .... 0.005% Max .... 0.30–0.50% ..... 0.50–0.70% ..... 0.20–0.40% ..... Width = 44.80 inches maximum; Thickness = 0.063–0.198 inches; Yield Strength = 50,000 ksi minimum; Tensile Strength = 70,000–88,000 psi. 0.20% Max. —Hot-rolled steel coil which meets the following chemical, physical and mechanical specifications: C Mn P S Si Cr Cu 0.10–0.16% ....... Mo 0.21% Max 0.70–0.90% ..... 0.025% Max .... 0.006% Max .... 0.30–0.50% ..... 0.50–0.70% ..... 0.25% Max ...... Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi Aim. Ni 0.20% Max. —Hot-rolled steel coil which meets the following chemical, physical and mechanical specifications: C Mn P S Si Cr Cu 0.10–0.14% ....... V(wt.) ................. 0.10 Max ........... 1.30–1.80% ..... Cb. 0.08% Max. 0.025% Max .... 0.005% Max .... 0.30–0.50% ..... 0.50–0.70% ..... 0.20–0.40% ..... Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi Aim. Ni 0.20% Max. —Hot-rolled steel coil which meets the following chemical, physical and mechanical specifications: C Mn P S Si Cr Cu 0.15% Max ........ Nb ...................... 0.005% Min ....... emcdonald on DSK2BSOYB1PROD with NOTICES Ni 1.40% Max ...... Ca ................... Treated ............ 0.025% Max .... Al. 0.01–0.07%. 0.010% Max .... 0.50% Max ...... 1.00% Max ...... 0.50% Max ...... Width = 39.37 inches; Thickness = 0.181 inches maximum; Yield Strength = 70,000 psi minimum for thicknesses ≤ 0.148 inches and 65,000 psi minimum for thicknesses >0.148 inches; Tensile Strength = 80,000 psi minimum. —Hot-rolled dual phase steel, phasehardened, primarily with a ferriticmartensitic microstructure, contains 0.9 percent up to and including 1.5 percent silicon by weight, further characterized by either (i) tensile strength between 540 N/ mm2 and 640 N/mm2; and an elongation percentage ≥ 26 percent for thicknesses of 2 mm and above, or (ii) a tensile strength between 590 N/mm2 and 690 N/mm2 and an elongation percentage ≥ 25 percent for thicknesses of 2 mm and above. —Hot-rolled bearing quality steel, SAE grade 1050, in coils, with an inclusion rating of 1.0 maximum per ASTM E 45, Method A, with excellent surface quality and chemistry restrictions as follows: 0.012 percent maximum phosphorus, 0.015 percent maximum sulfur, and 0.20 percent maximum residuals including 0.15 percent maximum chromium. • Grade ASTM A570–50 hot-rolled steel sheet in coils or cut lengths, width of 74 inches (nominal, within ASTM tolerances), thickness of 11 gauge (0.119 inches nominal), VerDate Mar<15>2010 17:39 Jun 16, 2011 Jkt 223001 mill edge and skin passed, with a minimum copper content of 0.20 percent. The covered merchandise is classified in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) at subheadings: 7208.10.15.00, 7208.10.30.00, 7208.10.60.00, 7208.25.30.00, 7208.25.60.00, 7208.26.00.30, 7208.26.00.60, 7208.27.00.30, 7208.27.00.60, 7208.36.00.30, 7208.36.00.60, 7208.37.00.30, 7208.37.00.60, 7208.38.00.15, 7208.38.00.30, 7208.38.00.90, 7208.39.00.15, 7208.39.00.30, 7208.39.00.90, 7208.40.60.30, 7208.40.60.60, 7208.53.00.00, 7208.54.00.00, 7208.90.00.00, 7210.70.30.00, 7210.90.90.00, 7211.14.00.30, 7211.14.00.90, 7211.19.15.00, 7211.19.20.00, 7211.19.30.00, 7211.19.45.00, 7211.19.60.00, 7211.19.75.30, 7211.19.75.60, 7211.19.75.90, 7212.40.10.00, 7212.40.50.00, 7212.50.00.00. Certain hot-rolled flat-rolled carbon-quality steel covered include: Vacuum degassed, fully stabilized; high strength low alloy; and the substrate for motor lamination steel may also enter under the following tariff numbers: 7225.11.00.00, 7225.19.00.00, 7225.30.30.50, 7225.30.70.00, 7225.40.70.00, 7225.99.00.90, 7226.11.10.00, 7226.11.90.30, 7226.11.90.60, 7226.19.10.00, 7226.19.90.00, 7226.91.50.00, 7226.91.70.00, 7226.91.80.00, and 7226.99.00.00. Although the HTSUS subheadings are provided for convenience and Customs purposes, the written PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Ni 0.20% Max. description of the covered merchandise is dispositive. [FR Doc. 2011–15129 Filed 6–16–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–804, A–412–801] Ball Bearings and Parts Thereof From Japan and the United Kingdom: Notice of Court Decision Not in Harmony With Continuation of Antidumping Duty Orders Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 1, 2005, the Department of Commerce (the Department) initiated and the International Trade Commission (ITC) instituted the second sunset reviews of the antidumping duty orders on ball bearings and parts thereof from Japan and the United Kingdom. On April 20, AGENCY: E:\FR\FM\17JNN1.SGM 17JNN1 35402 Federal Register / Vol. 76, No. 117 / Friday, June 17, 2011 / Notices emcdonald on DSK2BSOYB1PROD with NOTICES 2011, the Court of International Trade (CIT) entered its final judgment sustaining the ITC’s remand redetermination that revocation of the antidumping duty orders on ball bearings and parts thereof from Japan and the United Kingdom would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. DATES: Effective Date: April 30, 2011. FOR FURTHER INFORMATION CONTACT: Sandra Stewart 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) 482–0768 or (202) 482– 4477, respectively. SUPPLEMENTARY INFORMATION: Background On May 15, 1989, the Department published the antidumping duty orders on ball bearings and parts thereof from Japan and the United Kingdom (collectively, the orders) in the Federal Register. See Antidumping Duty Orders: Ball Bearings, Cylindrical Roller Bearings, and Spherical Plain Bearings, and Parts Thereof From Japan, 54 FR 20904 (May 15, 1989), and Antidumping Duty Orders and Amendments to the Final Determinations of Sales at Less Than Fair Value: Ball Bearings, and Cylindrical Roller Bearings and Parts Thereof From the United Kingdom, 54 FR 20910 (May 15, 1989). Pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), the Department initiated and the ITC instituted the second sunset reviews of the orders on June 1, 2005. See Initiation of Five-Year (‘‘Sunset’’) Reviews, 70 FR 31423 (June 1, 2005), and Certain Bearings From China, France, Germany, Italy, Japan, Singapore, and the United Kingdom, 70 FR 31531 (June 1, 2005). See also 19 CFR 351.218. As a result of its reviews, the Department found that revocation of the orders would be likely to lead to the continuation or recurrence of dumping and notified the ITC of the magnitude of the margins likely to prevail were the orders to be revoked. See Antifriction Bearings and Parts Thereof From France, Germany, Italy, and the United Kingdom; Five-Year Sunset Reviews of Antidumping Duty Orders; Final Results, 70 FR 58183 (October 5, 2005), Ball Bearings and Parts Thereof From Japan and Singapore; Five-Year Sunset Reviews of Antidumping Duty Orders; Final Results, 71 FR 26321 (May 4, 2006), and Ball Bearings and Parts Thereof From Japan; Five-Year Sunset VerDate Mar<15>2010 17:39 Jun 16, 2011 Jkt 223001 Review of Antidumping Duty Order: Amended Final Results, 71 FR 30378 (May 26, 2006). On August 31, 2006, the ITC published its determination that, pursuant to section 751(c) of the Act, revocation of the orders, among others, would be likely to lead to the continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Certain Bearings From China, France, Germany, Italy, Japan, Singapore, and the United Kingdom, 71 FR 51850 (August 31, 2006), and ITC Publication 3876 (August 2006) entitled Certain Bearings from China, France, Germany, Italy, Japan, Singapore, and the United Kingdom, Investigation Nos. 731–TA–344, 391–A, 392–A and C, 393– A, 394–A, 396, and 399–A (Second Review). NSK Corporation, NSK Ltd., and NSK Europe Ltd. and JTEKT Corporation and Koyo Corporation of U.S.A. filed appeals of this determination with the CIT. In its third 1 and fourth 2 remand determinations, the ITC found that revocation of the orders would not be likely to lead to the continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. On April 20, 2011, the CIT affirmed the ITC’s fourth remand and entered judgment in the case. See NSK v. United States, Court No. 06–334, Slip Op. 11–43 (CIT April 20, 2011) (NSK). Therefore, there is now a final CIT decision in the case sustaining negative injury determinations concerning ball bearings and parts thereof from the United Kingdom and Japan.3 Id. Timken Notice In its decision in Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990), the Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c)(1) of the Act, the Department must publish a notice of a court decision that is not ‘‘in harmony’’ with a Department determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. 1 See ITC Publication 4194, Ball Bearings and Parts Thereof From Japan and the United Kingdom, Investigation Nos. 731–TA–394A and 399A (Second Review) (Third Remand) (August 2010). 2 See ITC Publication 4223, Certain Ball Bearings and Parts Thereof From Japan and the United Kingdom, Investigation Nos. 394–A and 399–A (Second Review) (Fourth Remand) (March 2011). 3 Although the CIT issued a temporary stay of the effect of its judgment, it lifted the stay on May 13, 2011. On May 17, 2011, the Federal Circuit issued a temporary stay of the judgment in this case. NSK Corp. v. United States, Court Nos. 2011–1362, –1382, –1383 (May 17, 2011). The Department will not revoke the applicable orders while the stay remains in place. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 The April 20, 2011, decision by the CIT in NSK constitutes a final CIT decision that is not in harmony with the Department’s continuation of the orders (Tapered Roller Bearings and Parts Thereof From the People’s Republic of China and Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Continuation of Antidumping Duty Orders, 71 FR 54469 (September 15, 2006)). This notice is published in fulfillment of the publication requirement in Timken. Accordingly, the Department intends to issue instructions to U.S. Customs and Border Protection to suspend liquidation of all unliquidated entries of subject merchandise from Japan and the United Kingdom which are entered, or withdrawn from warehouse, for consumption on or after July 11, 2005, the five-year anniversary date of the continuation of the orders. See Continuation of Antidumping Duty Orders: Certain Bearings From France, Germany, Italy, Japan, Singapore, the United Kingdom and the People’s Republic of China, 65 FR 42665 (July 11, 2000), and 19 CFR 351.222(i)(2). Pursuant to Timken, all entries entered, or withdrawn from warehouse, for consumption on or after July 11, 2005, that remain unliquidated and not deemed liquidated as of April 30, 2011, will be suspended during the pendency of the appeals process so that they may be liquidated at the court-approved rate after a ‘‘conclusive’’ court decision. This notice is published pursuant to section 516A(c)(1) of the Act. Dated: June 10, 2011. Ronald K. Lorentzen Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–15128 Filed 6–16–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–847] Persulfates From the People’s Republic of China: Notice of Correction to the Final Results of the 2009–2010 Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: June 17, 2011. FOR FURTHER INFORMATION CONTACT: Brandon Petelin, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, AGENCY: E:\FR\FM\17JNN1.SGM 17JNN1

Agencies

[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Notices]
[Pages 35401-35402]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15128]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-804, A-412-801]


Ball Bearings and Parts Thereof From Japan and the United 
Kingdom: Notice of Court Decision Not in Harmony With Continuation of 
Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On June 1, 2005, the Department of Commerce (the Department) 
initiated and the International Trade Commission (ITC) instituted the 
second sunset reviews of the antidumping duty orders on ball bearings 
and parts thereof from Japan and the United Kingdom. On April 20,

[[Page 35402]]

2011, the Court of International Trade (CIT) entered its final judgment 
sustaining the ITC's remand redetermination that revocation of the 
antidumping duty orders on ball bearings and parts thereof from Japan 
and the United Kingdom would not be likely to lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.

DATES: Effective Date: April 30, 2011.

FOR FURTHER INFORMATION CONTACT: Sandra Stewart 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-
0768 or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 15, 1989, the Department published the antidumping duty 
orders on ball bearings and parts thereof from Japan and the United 
Kingdom (collectively, the orders) in the Federal Register. See 
Antidumping Duty Orders: Ball Bearings, Cylindrical Roller Bearings, 
and Spherical Plain Bearings, and Parts Thereof From Japan, 54 FR 20904 
(May 15, 1989), and Antidumping Duty Orders and Amendments to the Final 
Determinations of Sales at Less Than Fair Value: Ball Bearings, and 
Cylindrical Roller Bearings and Parts Thereof From the United Kingdom, 
54 FR 20910 (May 15, 1989). Pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act), the Department initiated and the ITC 
instituted the second sunset reviews of the orders on June 1, 2005. See 
Initiation of Five-Year (``Sunset'') Reviews, 70 FR 31423 (June 1, 
2005), and Certain Bearings From China, France, Germany, Italy, Japan, 
Singapore, and the United Kingdom, 70 FR 31531 (June 1, 2005). See also 
19 CFR 351.218. As a result of its reviews, the Department found that 
revocation of the orders would be likely to lead to the continuation or 
recurrence of dumping and notified the ITC of the magnitude of the 
margins likely to prevail were the orders to be revoked. See 
Antifriction Bearings and Parts Thereof From France, Germany, Italy, 
and the United Kingdom; Five-Year Sunset Reviews of Antidumping Duty 
Orders; Final Results, 70 FR 58183 (October 5, 2005), Ball Bearings and 
Parts Thereof From Japan and Singapore; Five-Year Sunset Reviews of 
Antidumping Duty Orders; Final Results, 71 FR 26321 (May 4, 2006), and 
Ball Bearings and Parts Thereof From Japan; Five-Year Sunset Review of 
Antidumping Duty Order: Amended Final Results, 71 FR 30378 (May 26, 
2006).
    On August 31, 2006, the ITC published its determination that, 
pursuant to section 751(c) of the Act, revocation of the orders, among 
others, would be likely to lead to the continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time. See Certain Bearings From China, France, Germany, 
Italy, Japan, Singapore, and the United Kingdom, 71 FR 51850 (August 
31, 2006), and ITC Publication 3876 (August 2006) entitled Certain 
Bearings from China, France, Germany, Italy, Japan, Singapore, and the 
United Kingdom, Investigation Nos. 731-TA-344, 391-A, 392-A and C, 393-
A, 394-A, 396, and 399-A (Second Review). NSK Corporation, NSK Ltd., 
and NSK Europe Ltd. and JTEKT Corporation and Koyo Corporation of 
U.S.A. filed appeals of this determination with the CIT.
    In its third \1\ and fourth \2\ remand determinations, the ITC 
found that revocation of the orders would not be likely to lead to the 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time. On April 20, 2011, 
the CIT affirmed the ITC's fourth remand and entered judgment in the 
case. See NSK v. United States, Court No. 06-334, Slip Op. 11-43 (CIT 
April 20, 2011) (NSK). Therefore, there is now a final CIT decision in 
the case sustaining negative injury determinations concerning ball 
bearings and parts thereof from the United Kingdom and Japan.\3\ Id.
---------------------------------------------------------------------------

    \1\ See ITC Publication 4194, Ball Bearings and Parts Thereof 
From Japan and the United Kingdom, Investigation Nos. 731-TA-394A 
and 399A (Second Review) (Third Remand) (August 2010).
    \2\ See ITC Publication 4223, Certain Ball Bearings and Parts 
Thereof From Japan and the United Kingdom, Investigation Nos. 394-A 
and 399-A (Second Review) (Fourth Remand) (March 2011).
    \3\ Although the CIT issued a temporary stay of the effect of 
its judgment, it lifted the stay on May 13, 2011. On May 17, 2011, 
the Federal Circuit issued a temporary stay of the judgment in this 
case. NSK Corp. v. United States, Court Nos. 2011-1362, -1382, -1383 
(May 17, 2011). The Department will not revoke the applicable orders 
while the stay remains in place.
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken Co. v. United States, 893 F.2d 337, 341 
(Fed. Cir. 1990), the Court of Appeals for the Federal Circuit held 
that, pursuant to section 516A(c)(1) of the Act, the Department must 
publish a notice of a court decision that is not ``in harmony'' with a 
Department determination and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The April 20, 2011, decision 
by the CIT in NSK constitutes a final CIT decision that is not in 
harmony with the Department's continuation of the orders (Tapered 
Roller Bearings and Parts Thereof From the People's Republic of China 
and Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, 
and the United Kingdom: Continuation of Antidumping Duty Orders, 71 FR 
54469 (September 15, 2006)). This notice is published in fulfillment of 
the publication requirement in Timken.
    Accordingly, the Department intends to issue instructions to U.S. 
Customs and Border Protection to suspend liquidation of all 
unliquidated entries of subject merchandise from Japan and the United 
Kingdom which are entered, or withdrawn from warehouse, for consumption 
on or after July 11, 2005, the five-year anniversary date of the 
continuation of the orders. See Continuation of Antidumping Duty 
Orders: Certain Bearings From France, Germany, Italy, Japan, Singapore, 
the United Kingdom and the People's Republic of China, 65 FR 42665 
(July 11, 2000), and 19 CFR 351.222(i)(2). Pursuant to Timken, all 
entries entered, or withdrawn from warehouse, for consumption on or 
after July 11, 2005, that remain unliquidated and not deemed liquidated 
as of April 30, 2011, will be suspended during the pendency of the 
appeals process so that they may be liquidated at the court-approved 
rate after a ``conclusive'' court decision.
    This notice is published pursuant to section 516A(c)(1) of the Act.

    Dated: June 10, 2011.
Ronald K. Lorentzen
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-15128 Filed 6-16-11; 8:45 am]
BILLING CODE 3510-DS-P
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