Ball Bearings and Parts Thereof From Japan and the United Kingdom: Revocation of Antidumping Duty Orders, 41761-41763 [2011-17899]

Download as PDF 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: VerDate Mar<15>2010 16:55 Jul 14, 2011 Jkt 223001 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. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 [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 E:\FR\FM\15JYN1.SGM 15JYN1 mstockstill on DSK4VPTVN1PROD with NOTICES 41762 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). VerDate Mar<15>2010 16:55 Jul 14, 2011 Jkt 223001 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, PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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). E:\FR\FM\15JYN1.SGM 15JYN1 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 mstockstill on DSK4VPTVN1PROD with NOTICES ADDRESSES: VerDate Mar<15>2010 16:55 Jul 14, 2011 Jkt 223001 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 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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: E:\FR\FM\15JYN1.SGM 15JYN1

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.
---------------------------------------------------------------------------

    \2\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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