Ball Bearings and Parts Thereof From Japan and the United Kingdom: Revocation of Antidumping Duty Orders, 41761-41763 [2011-17899]
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Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Notices
4, 2011). The current deadline for the
preliminary results is July 30, 2011.
Extension of Time Limit for the
Preliminary Results
Section 751(a)(2)(B)(iv) of the Tariff
Act of 1930, as amended (the Act), and
19 CFR 351.214(i)(1) require the
Department to issue the preliminary
results of a new shipper review within
180 days after the date on which the
review was initiated, and the final
results of the review within 90 days
after the date on which the preliminary
results were issued. However, if the
Department concludes that a new
shipper review is extraordinarily
complicated, section 751(a)(2)(B)(iv) of
the Act and 19 CFR 351.214(i)(2) allow
the Department to extend the 180-day
period to 300 days, and to extend the
90-day period to 150 days. The
Department has determined that this
new shipper review involves
extraordinarily complicated issues,
including shipments of subject
merchandise through U.S. ports to a
third country. Additional time is also
required to ensure that the Department
can fully examine whether the sale
under review is bona fide for the
company under review.
Therefore, the Department is
extending the deadline for completion
of the preliminary results of the new
shipper reviews to 280 days, in
accordance with section 751(a)(2)(B)(iv)
of the Act and 19 CFR 351.214(i)(2).
Accordingly, the deadline for the
completion of these preliminary results
is now no later than November 7, 2011.
This notice is issued and published
pursuant to sections 751(a)(3)(A) and
777(i)(1) of the Act.
Dated: July 7, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2011–17907 Filed 7–14–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
mstockstill on DSK4VPTVN1PROD with NOTICES
[A–570–898]
Chlorinated Isocyanurates From the
People’s Republic of China: Extension
of Time Limit for Preliminary Results of
Antidumping Duty New Shipper
Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: July 15, 2011.
AGENCY:
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41761
Jun
Jack Zhao or Mark Hoadley, AD/CVD
Operations, Office 6, Import
Administration, International Trade
Administration, Department of
Commerce, Room 7866, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: (202) 482–1396
and (202) 482–3148, respectively.
Dated: July 11, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Background
International Trade Administration
On January 31, 2011, the Department
of Commerce (the Department) initiated
a new shipper review under the
antidumping duty order on chlorinated
isocyanurates from the People’s
Republic of China for Heze Huayi
Chemical Co., Ltd. The period of review
(POR) is June 1, 2010, through
December 31, 2010. See Chlorinated
Isocyanurates From the People’s
Republic of China: Initiation of New
Shipper Review, 76 FR 6399 (February
4, 2011). The current deadline for the
preliminary results is July 30, 2011.
[A–588–804, A–412–801]
FOR FURTHER INFORMATION CONTACT:
Extension of Time Limit for the
Preliminary Results
Section 751(a)(2)(B)(iv) of the Tariff
Act of 1930, as amended (the Act), and
19 CFR 351.214(i)(1) require the
Department to issue the preliminary
results of a new shipper review within
180 days after the date on which the
review was initiated, and the final
results of the review within 90 days
after the date on which the preliminary
results were issued. However, if the
Department concludes that a new
shipper review is extraordinarily
complicated, section 751(a)(2)(B)(iv) of
the Act and 19 CFR 351.214(i)(2) allow
the Department to extend the 180-day
period to 300 days, and to extend the
90-day period to 150 days. The
Department has determined that this
new shipper review involves
extraordinarily complicated issues,
including shipments of subject
merchandise through U.S. ports to a
third country. Additional time is also
required to ensure that the Department
can fully examine whether the sale
under review is bona fide for the
company under review.
Therefore, the Department is
extending the deadline for completion
of the preliminary results of the new
shipper reviews to 280 days, in
accordance with section 751(a)(2)(B)(iv)
of the Act and 19 CFR 351.214(i)(2).
Accordingly, the deadline for the
completion of these preliminary results
is now no later than November 7, 2011.
This notice is issued and published
pursuant to sections 751(a)(3)(A) and
777(i)(1) of the Act.
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[FR Doc. 2011–17904 Filed 7–14–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Ball Bearings and Parts Thereof From
Japan and the United Kingdom:
Revocation of Antidumping Duty
Orders
Department of Commerce,
Import Administration, International
Trade Administration.
SUMMARY: The Department of Commerce
(the Department) is revoking the
antidumping duty orders on ball
bearings and parts thereof from Japan
and the United Kingdom.
DATES: Effective Date: July 16, 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:
AGENCY:
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 U.S. International
Trade Commission (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); 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
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Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Notices
antidumping duty 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; FiveYear 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 antidumping duty
orders on ball bearings and parts thereof
from Japan and the United Kingdom,
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. appealed to
the Court of International Trade (CIT),
challenging the ITC determinations on
certain ball bearings and parts thereof
from Japan and the United Kingdom.
In its third and fourth remand
determinations,1 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). The CIT stayed
the effect of its judgment temporarily
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), and 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).
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but lifted the stay on May 13, 2011. On
May 17, 2011, the Court of Appeals for
the Federal Circuit issued a temporary
stay of the judgment in NSK Corp. v.
United States, Court Nos. 2011–1362,
–1382, –1383 (Fed. Cir. May 17, 2011).
On June 17, 2011, in response to the
CIT’s entry of judgment in NSK, the
Department published notice of a court
decision not in harmony with a
Department determination, thereby
suspending liquidation of all entries of
subject merchandise 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.
See Ball Bearings and Parts Thereof
From Japan and the United Kingdom:
Notice of Court Decision Not in
Harmony with Continuation of
Antidumping Duty Orders, 76 FR 35401
(June 17, 2011) (Timken Notice).
On July 6, 2011, the Federal Circuit’s
stay lifted. See NSK v. United States,
Nos. 2011–1362, –1382, –1383, –1454
(Fed. Cir. July 6, 2011). Therefore,
pursuant to the CIT’s judgment in NSK,
the Department is revoking the
antidumping duty orders on ball
bearings and parts thereof from Japan
and the United Kingdom.
Scope of the Orders
The products covered by the orders
are ball bearings and parts thereof.
These products include all antifriction
bearings that employ balls as the rolling
element. Imports of these products are
classified under the following
categories: Antifriction balls, ball
bearings with integral shafts, ball
bearings (including radial ball bearings)
and parts thereof, and housed or
mounted ball bearing units and parts
thereof.
Imports of these products are
classified under the following
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings:
3926.90.45, 4016.93.10, 4016.93.50,
6909.19.50.10, 8414.90.41.75,
8431.20.00, 8431.39.00.10, 8482.10.10,
8482.10.50, 8482.80.00, 8482.91.00,
8482.99.05, 8482.99.35, 8482.99.25.80,
8482.99.65.95, 8483.20.40, 8483.20.80,
8483.30.40, 8483.30.80, 8483.50.90,
8483.90.20, 8483.90.30, 8483.90.70,
8708.50.50, 8708.60.50, 8708.60.80,
8708.93.30, 8708.93.60.00, 8708.99.06,
8708.99.31.00, 8708.99.40.00,
8708.99.49.60, 8708.99.58,
8708.99.80.15, 8708.99.80.80,
8803.10.00, 8803.20.00, 8803.30.00,
8803.90.30, 8803.90.90, 8708.30.50.90,
8708.40.75.70, 8708.40.75.80,
8708.50.79.00, 8708.50.89.00,
8708.50.91.50, 8708.50.99.00,
8708.70.60.60, 8708.80.65.90,
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8708.93.75.00, 8708.94.75,
8708.95.20.00, 8708.99.55.00,
8708.99.68, and 8708.99.81.80.
Although the HTSUS item numbers
above are provided for convenience and
customs purposes, the written
descriptions of the scope of the orders
remain dispositive.
The size or precision grade of a
bearing does not influence whether the
bearing is covered by one of the orders.
The orders cover all the subject bearings
and parts thereof (inner race, outer race,
cage, rollers, balls, seals, shields, etc.)
outlined above with certain limitations.
With regard to finished parts, all such
parts are included in the scope of the
orders. For unfinished parts, such parts
are included if they have been heattreated or if heat treatment is not
required to be performed on the part.
Thus, the only unfinished parts that are
not covered by the orders are those that
will be subject to heat treatment after
importation. The ultimate application of
a bearing also does not influence
whether the bearing is covered by the
orders. Bearings designed for highly
specialized applications are not
excluded. Any of the subject bearings,
regardless of whether they may
ultimately be utilized in aircraft,
automobiles, or other equipment, are
within the scope of the orders.
Revocation
Pursuant to the Federal Circuit’s
decision in Diamond Sawblades 2 and
the CIT’s decision in NSK affirming the
ITC’s determinations that the revocation
of the orders is not likely to lead to the
continuation or recurrence of material
injury within a reasonably foreseeable
time, the Department is revoking the
antidumping duty orders on ball
bearings and parts thereof from Japan
and the United Kingdom pursuant to
section 751(d) of the Act. As a result of
this revocation, the Department is
discontinuing all unfinished
administrative reviews immediately and
will not initiate any new administrative
reviews of the orders.
Furthermore, the Department will
instruct U.S. Customs and Border
Protection to discontinue the collection
of cash deposits for estimated
antidumping duties, effective July 16,
2011, which is 10 days after the Federal
Circuit lifted the temporary stay.
As explained in the Timken Notice
and pursuant to Timken,3 Hosiden,4 and
2 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
3 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
4 See Hosiden Corp. v. United States, 861 F.
Supp. 115 (Fed. Cir. 1994) (Hosiden).
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Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Notices
Diamond Sawblades, the suspension of
liquidation on all entries of ball bearings
and parts thereof from Japan and the
United Kingdom entered, or withdrawn
from warehouse, for consumption on or
after July 11, 2005, that remained
unliquidated and not deemed liquidated
as of April 30, 2011, will continue until
there is a ‘‘final and conclusive’’ court
decision.
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning
destruction or conversion to judicial
protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
These revocations pursuant to fiveyear (sunset) reviews are in accordance
with sections 751(c) and 751(d)(2) of the
Act and this notice is published
pursuant to section 777(i)(1) of the Act.
Dated: July 11, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–17899 Filed 7–14–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Alaska Region
Logbook Family of Forms
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before September 13,
2011.
SUMMARY:
Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
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ADDRESSES:
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copies of the information collection
instrument and instructions should be
directed to Patsy A. Bearden, (907) 586–
7008 or patsy.bearden@noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
This request is for an extension of a
currently approved information
collection.
National Marine Fisheries Service
(NMFS) Alaska Region manages the
United States (U.S.) groundfish fisheries
of the Exclusive Economic Zone (EEZ)
off Alaska under the Fishery
Management Plan for Groundfish of the
Gulf of Alaska and the Fishery
Management Plan for the Groundfish
Fishery of the Bering Sea and Aleutian
Islands Management Area (FMPs). The
North Pacific Fishery Management
Council prepared the FMPs pursuant to
the Magnuson-Stevens Fishery
Conservation and Management Act. The
regulations implementing the FMPs are
at 50 CFR part 679.
The recordkeeping and reporting
requirements at 50 CFR part 679 form
the basis for this collection of
information. NMFS Alaska Region
requests information from participating
groundfish participants. This
information, upon receipt, results in an
increasingly more efficient and accurate
database for management and
monitoring of the groundfish fisheries of
the EEZ off Alaska.
II. Method of Collection
Paper and electronic logbooks, paper
and electronic reports, and telephone
calls are required from participants, and
methods of submittal include Internet
and facsimile transmission of paper
forms.
III. Data
OMB Control Number: 0648–0213.
Form Number: None.
Type of Review: Regular submission
(extension of a currently approved
information collection).
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
899.
Estimated Time Per Response: 31
minutes for Mothership daily
cumulative production logbook (DCPL)
or electronic logbook (ELB); 30 minutes
for Catcher/processor trawl gear DCPL
or ELB; 41 minutes for Catcher/
processor longline and pot gear DCPL;
18 minutes for Catcher Vessel trawl gear
daily fishing logbook (DFL); 28 minutes
for Catcher Vessel longline and pot gear
DFL; 8 minutes for Shoreside Processor
Check-in/Check-out Report; 7 minutes
for Mothership or Catcher/processor
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41763
Check-in/Check-out Report; 20 minutes
for Product transfer report; 14 minutes
for U.S. Vessel Activity Report; 23
minutes for buying station report.
Estimated Total Annual Burden
Hours: 39,871.
Estimated Total Annual Cost to
Public: $134,701.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: July 11, 2011.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2011–17752 Filed 7–14–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Availability of Seats for the Fagatele
Bay National Marine Sanctuary
Advisory Council
Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice and request for
applications.
AGENCY:
The ONMS is seeking
applications for the following vacant
seats on the Fagatele Bay National
Marine Sanctuary Advisory Council:
Business/Industry and Community-atLarge: Tutuila East Side. Applicants are
chosen based upon their particular
expertise and experience in relation to
the seat for which they are applying;
community and professional affiliations;
philosophy regarding the protection and
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Notices]
[Pages 41761-41763]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17899]
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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: Revocation of Antidumping Duty Orders
AGENCY: Department of Commerce, Import Administration, International
Trade Administration.
SUMMARY: The Department of Commerce (the Department) is revoking the
antidumping duty orders on ball bearings and parts thereof from Japan
and the United Kingdom.
DATES: Effective Date: July 16, 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
U.S. International Trade Commission (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); 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
[[Page 41762]]
antidumping duty 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 antidumping
duty orders on ball bearings and parts thereof from Japan and the
United Kingdom, 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. appealed to the Court of
International Trade (CIT), challenging the ITC determinations on
certain ball bearings and parts thereof from Japan and the United
Kingdom.
In its third and fourth remand determinations,\1\ 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). The CIT stayed the effect of its judgment
temporarily but lifted the stay on May 13, 2011. On May 17, 2011, the
Court of Appeals for the Federal Circuit issued a temporary stay of the
judgment in NSK Corp. v. United States, Court Nos. 2011-1362, -1382, -
1383 (Fed. Cir. May 17, 2011).
---------------------------------------------------------------------------
\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), and 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).
---------------------------------------------------------------------------
On June 17, 2011, in response to the CIT's entry of judgment in
NSK, the Department published notice of a court decision not in harmony
with a Department determination, thereby suspending liquidation of all
entries of subject merchandise 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. See Ball Bearings and
Parts Thereof From Japan and the United Kingdom: Notice of Court
Decision Not in Harmony with Continuation of Antidumping Duty Orders,
76 FR 35401 (June 17, 2011) (Timken Notice).
On July 6, 2011, the Federal Circuit's stay lifted. See NSK v.
United States, Nos. 2011-1362, -1382, -1383, -1454 (Fed. Cir. July 6,
2011). Therefore, pursuant to the CIT's judgment in NSK, the Department
is revoking the antidumping duty orders on ball bearings and parts
thereof from Japan and the United Kingdom.
Scope of the Orders
The products covered by the orders are ball bearings and parts
thereof. These products include all antifriction bearings that employ
balls as the rolling element. Imports of these products are classified
under the following categories: Antifriction balls, ball bearings with
integral shafts, ball bearings (including radial ball bearings) and
parts thereof, and housed or mounted ball bearing units and parts
thereof.
Imports of these products are classified under the following
Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
3926.90.45, 4016.93.10, 4016.93.50, 6909.19.50.10, 8414.90.41.75,
8431.20.00, 8431.39.00.10, 8482.10.10, 8482.10.50, 8482.80.00,
8482.91.00, 8482.99.05, 8482.99.35, 8482.99.25.80, 8482.99.65.95,
8483.20.40, 8483.20.80, 8483.30.40, 8483.30.80, 8483.50.90, 8483.90.20,
8483.90.30, 8483.90.70, 8708.50.50, 8708.60.50, 8708.60.80, 8708.93.30,
8708.93.60.00, 8708.99.06, 8708.99.31.00, 8708.99.40.00, 8708.99.49.60,
8708.99.58, 8708.99.80.15, 8708.99.80.80, 8803.10.00, 8803.20.00,
8803.30.00, 8803.90.30, 8803.90.90, 8708.30.50.90, 8708.40.75.70,
8708.40.75.80, 8708.50.79.00, 8708.50.89.00, 8708.50.91.50,
8708.50.99.00, 8708.70.60.60, 8708.80.65.90, 8708.93.75.00, 8708.94.75,
8708.95.20.00, 8708.99.55.00, 8708.99.68, and 8708.99.81.80.
Although the HTSUS item numbers above are provided for convenience
and customs purposes, the written descriptions of the scope of the
orders remain dispositive.
The size or precision grade of a bearing does not influence whether
the bearing is covered by one of the orders. The orders cover all the
subject bearings and parts thereof (inner race, outer race, cage,
rollers, balls, seals, shields, etc.) outlined above with certain
limitations. With regard to finished parts, all such parts are included
in the scope of the orders. For unfinished parts, such parts are
included if they have been heat-treated or if heat treatment is not
required to be performed on the part. Thus, the only unfinished parts
that are not covered by the orders are those that will be subject to
heat treatment after importation. The ultimate application of a bearing
also does not influence whether the bearing is covered by the orders.
Bearings designed for highly specialized applications are not excluded.
Any of the subject bearings, regardless of whether they may ultimately
be utilized in aircraft, automobiles, or other equipment, are within
the scope of the orders.
Revocation
Pursuant to the Federal Circuit's decision in Diamond Sawblades \2\
and the CIT's decision in NSK affirming the ITC's determinations that
the revocation of the orders is not likely to lead to the continuation
or recurrence of material injury within a reasonably foreseeable time,
the Department is revoking the antidumping duty orders on ball bearings
and parts thereof from Japan and the United Kingdom pursuant to section
751(d) of the Act. As a result of this revocation, the Department is
discontinuing all unfinished administrative reviews immediately and
will not initiate any new administrative reviews of the orders.
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\2\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Furthermore, the Department will instruct U.S. Customs and Border
Protection to discontinue the collection of cash deposits for estimated
antidumping duties, effective July 16, 2011, which is 10 days after the
Federal Circuit lifted the temporary stay.
As explained in the Timken Notice and pursuant to Timken,\3\
Hosiden,\4\ and
[[Page 41763]]
Diamond Sawblades, the suspension of liquidation on all entries of ball
bearings and parts thereof from Japan and the United Kingdom entered,
or withdrawn from warehouse, for consumption on or after July 11, 2005,
that remained unliquidated and not deemed liquidated as of April 30,
2011, will continue until there is a ``final and conclusive'' court
decision.
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\3\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\4\ See Hosiden Corp. v. United States, 861 F. Supp. 115 (Fed.
Cir. 1994) (Hosiden).
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This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning destruction or conversion to judicial protective order of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Failure to comply is a violation of the APO which may be
subject to sanctions.
These revocations pursuant to five-year (sunset) reviews are in
accordance with sections 751(c) and 751(d)(2) of the Act and this
notice is published pursuant to section 777(i)(1) of the Act.
Dated: July 11, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-17899 Filed 7-14-11; 8:45 am]
BILLING CODE 3510-DS-P
