Ball Bearings and Parts Thereof From Japan and the United Kingdom: Notice of Reinstatement of Antidumping Duty Orders, Resumption of Administrative Reviews, and Advance Notification of Sunset Reviews, 76104-76106 [2013-29839]
Download as PDF
<![CDATA[
76104
Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Notices
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
III. After notice and opportunity for
comment as provided in Section 766.23
of the Regulations, any other person,
firm, corporation, or business
organization related to Bernardo by
affiliation, ownership, control or
position of responsibility in the conduct
of trade or related services may also be
subject to the provisions of this Order if
necessary to prevent evasion of the
Order.
IV. This Order is effective
immediately and shall remain in effect
until November 16, 2016.
V. In accordance with Part 756 of the
Regulations, Bernardo may file an
appeal of this Order with the Under
Secretary of Commerce for Industry and
Security. The appeal must be filed
within 45 days from the date of this
Order and must comply with the
provisions of Part 756 of the
Regulations.
VI. A copy of this Order shall be
delivered to the Bernardo. This Order
shall be published in the Federal
Register.
Dated: December 6, 2013.
Eileen M. Albanese,
Acting Director, Office of Exporter Services.
[FR Doc. 2013–29788 Filed 12–13–13; 8:45 am]
BILLING CODE 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 Reinstatement of Antidumping Duty
Orders, Resumption of Administrative
Reviews, and Advance Notification of
Sunset Reviews
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 15, 2011, pursuant to
a decision of the Court of International
Trade (CIT) that affirmed the
International Trade Commission’s
(ITC’s) negative injury determinations
on remand in the second sunset review
of the antidumping duty orders on
bearings from Japan and the United
Kingdom, the Department of Commerce
(the Department) revoked the Orders.1
pmangrum on DSK3VPTVN1PROD with NOTICES
AGENCY:
1 See Antidumping Duty Orders: Ball Bearings,
Cylindrical Roller Bearings, and Spherical Plain
VerDate Mar<15>2010
13:51 Dec 13, 2013
Jkt 232001
On May 16, 2013, the United States
Court of Appeals for the Federal Circuit
(Federal Circuit) reversed the CIT’s
decision and ordered the CIT to
reinstate the ITC’s affirmative material
injury determinations.2 Subsequently,
on November 18, 2013, the CIT issued
final judgment reinstating the ITC’s
affirmative injury determinations.3
Therefore, the Department is now
reinstating the Orders. Additionally, the
Department is resuming the
administrative reviews of these orders
for the periods May 1, 2009, through
April 30, 2010, and May 1, 2010,
through April 30, 2011.
DATES: Effective Date: November 29,
2013.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0410 or (202) 482–
1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 15, 1989, the Department
published the Orders in the Federal
Register.4 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, 2005.5 As a
result of its sunset 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.6
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) (collectively, Orders).
2 NSK Corp v. United States International Trade
Commission, 716 F.3d 1352 (Fed. Cir. 2013) (NSK
May 2013).
3 NSK Corp. v. United States International Trade
Commission, Court No. 06–334, Slip Op. 2013–143
(CIT November 18, 2013) (NSK November 2013).
4 See Orders.
5 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.
6 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
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
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.7 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 and fourth remand
determinations,8 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.9 The CIT stayed the effect of
its judgment temporarily but, lifted the
stay on May 13, 2011.10 On May 17,
2011, the Federal Circuit issued a
temporary stay of the judgment.11
On June 17, 2011, in response to the
CIT’s entry of judgment in NSK, the
Department published a 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 remained unliquidated, and not
deemed liquidated, as of April 30,
2011.12
On July 6, 2011, the Federal Circuit’s
stay lifted.13 Therefore, pursuant to the
Sunset Review of Antidumping Duty Order:
Amended Final Results, 71 FR 30378 (May 26,
2006).
7 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).
8 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).
9 See NSK v. United States, 774 F. Supp. 2d 1296
(CIT 2011) (NSK).
10 See NSK Corp. v. United States, 774 F. Supp.
2d 1300 (CIT 2011).
11 See NSK Corp. v. United States, 422 Fed. Appx.
885 (Fed. Cir. 2011).
12 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).
13 See NSK v. United States, 431 Fed. Appx. 910
(Fed. Cir. 2011).
E:\FR\FM\16DEN1.SGM
16DEN1
Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Notices
CIT’s judgment in NSK, the Department
revoked the Orders.14 The CIT’s NSK
decision was appealed to the Federal
Circuit.
On May 16, 2013, the Federal Circuit
issued a decision reversing and vacating
the CIT’s decision in NSK, ordered the
CIT to vacate the ITC’s negative
determination in the Third Remand and
Fourth Remand, and ordered the CIT to
reinstate the ITC’s affirmative
determination in ITC Publication 4131,
Ball Bearings and Parts Thereof From
Japan and the United Kingdom,
Investigation Nos. 731–TA–394A and
399A (Second Review) (Second
Remand) (January 2010).15 On
November 18, 2013, the CIT reinstated
the ITC’s affirmative determination.16
Therefore, pursuant to the CIT’s
November 18, 2013, order reinstating
the ITC’s affirmative material injury
determination, the Department is
reinstating the Orders.
pmangrum on DSK3VPTVN1PROD with NOTICES
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,
14 See Ball Bearings and Parts Thereof From
Japan and the United Kingdom: Revocation of
Antidumping Duty Orders, 76 FR 41761 (July 15,
2011) (Revocation Notice).
15 See NSK May 2013.
16 See NSK November 2013.
VerDate Mar<15>2010
13:51 Dec 13, 2013
Jkt 232001
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.
Reinstatement of Antidumping Duty
Orders
Pursuant to the CIT’s November 18,
2013, order reinstating the ITC’s
determination that the revocation of the
Orders would be likely to lead to the
continuation or recurrence of material
injury within a reasonably foreseeable
time, the Department is reinstating the
Orders consistent with section 751(d) of
the Act. As a result of this
reinstatement, the Department will
resume discontinued administrative
reviews of the Orders and intends to
initiate new administrative reviews of
the Orders, if requested.
Furthermore, the Department will
instruct U.S. Customs and Border
Protection (CBP) to resume the
collection of cash deposits for estimated
antidumping duties at the rates in effect
on July 15, 2011, the date on which the
collection of cash deposits was
discontinued.17
Resumption of Administrative Reviews
As a result of the Revocation Notice,
the Department discontinued all
unfinished administrative reviews of the
17 See Revocation Notice, 76 FR at 41762–63. We
instructed CBP to continue the suspension of
liquidation of entries pending a ‘‘final and
conclusive’’ court decision. Id.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
76105
Orders.18 The unfinished administrative
reviews covered the periods May 1,
2009, through April 30, 2010, and May
1, 2010, through April 30, 2011.
We are hereby resuming the
administrative reviews covering the
period May 1, 2009, through April 30,
2010. At the time the Orders were
revoked, we had issued the preliminary
results of review for the administrative
reviews covering the period May 1,
2009, through April 30, 2010.19 Section
751(a)(3)(A) of the Act instructs that
‘‘The administering authority shall
make . . . a final determination under
paragraph (1) within 120 days after the
date on which the preliminary
determination is published.’’
Accordingly, we intend to issue our
final results of reviews for the period
May 1, 2009, through April 30, 2010, no
later than 120 days after publication of
this notice.
We are also hereby resuming the
administrative reviews covering the
period May 1, 2010 through April 30,
2011. At the time the Orders were
revoked, we had just initiated the
administrative reviews covering the
period May 1, 2010, through April 30,
2011.20 Section 751(a)(3)(A) of the Act
instructs that ‘‘The administering
authority shall make a preliminary
determination under subparagraph (A),
(B), or (C) of paragraph (1) within 245
days after the last day of the month in
which occurs the anniversary of the date
of publication of the order, finding, or
suspension agreement for which the
review under paragraph (1) is
requested.’’ Accordingly, we intend to
issue our preliminary results of reviews
for the period May 1, 2010, through
April 30, 2011, no later than 245 days
after publication of this notice. The
deadline for withdrawing requests for
review covering the period May 1, 2010
through April 30, 2011 will be 90 days
18 See
id., 76 FR at 41762.
Ball Bearings and Parts Thereof From
France, Germany, Italy, Japan, and the United
Kingdom: Preliminary Results of Antidumping
Administrative and Changed-Circumstances
Reviews, 76 FR 22372 (April 21, 2011). The reviews
involving ball bearings and parts thereof from
France, Germany, and Italy were completed on
August 24, 2011. See Ball Bearings and Parts
Thereof From France, Germany, and Italy: Final
Results of Antidumping Administrative and
Changed Circumstances Reviews, 76 FR 52937
(August 24, 2011).
20 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 76 FR 37781 (June
28, 2011). The reviews involving ball bearings and
parts thereof from France, Germany, and Italy were
completed on December 10, 2012. See Ball Bearings
and Parts Thereof From France, Germany, and
Italy: Final Results of Antidumping Administrative
Reviews; 2010–2011, 77 FR 73415 (December 10,
2012).
19 See
E:\FR\FM\16DEN1.SGM
16DEN1
76106
Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Notices
after the date of publication of this
notice.
Furthermore, Antidumping
Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain
Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14,
2012) (Final Modification), applies to
these administrative reviews.21
Dated: December 9, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Subsequent Administrative Reviews
[A–570–893]
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Act,
may request, in accordance with 19 CFR
351.213, that the Department conduct
an administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
Subsequent to the Revocation Notice,
two anniversary months for these orders
have passed (May 2012 and May 2013).
Therefore, we intend to provide
interested parties an opportunity to
request administrative reviews of these
Orders. We intend to provide interested
parties with this opportunity
simultaneously with the next
anniversary month for these Orders
(May 2014). If any reviews are
requested, we intend to conduct the
reviews simultaneously.
Certain Frozen Warmwater Shrimp
From the People’s Republic of China:
Notice of Final Reconsideration of
Changed Circumstances Review
pmangrum on DSK3VPTVN1PROD with NOTICES
Advance Notification of Sunset Reviews
Every five years, pursuant to section
751(c) of the Act, the Department and
the ITC automatically initiate and
conduct a review to determine whether
revocation of a countervailing or
antidumping duty order or termination
of an investigation suspended under
section 704 or 734 of the Act would be
likely to lead to continuation or
recurrence of dumping or a
countervailable subsidy (as the case may
be) and of material injury. The third
sunset reviews of these orders were
scheduled for initiation in August 2011
but were obviated by the Revocation
Notice. This notice constitutes advance
notification for the sunset reviews of
these orders which we intend to initiate
on January 2, 2014.22
This notice is published consistent
with section 777(i) of the Act.
21 See
Final Modification, 77 FR at 8113.
information relevant to the Department’s
conduct of sunset reviews, see, e.g., Antidumping
or Countervailing Duty Order, Finding, or
Suspended Investigation; Advance Notification of
Sunset Reviews, 78 FR 60252 (October 1, 2013).
22 For
VerDate Mar<15>2010
13:51 Dec 13, 2013
Jkt 232001
[FR Doc. 2013–29839 Filed 12–13–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) has received
information sufficient to warrant
reconsideration of a completed changed
circumstances review (‘‘CCR’’) of the
antidumping duty order on certain
frozen warmwater shrimp from the
People’s Republic of China (‘‘PRC’’)
originally conducted in 2007.1 Based on
evidence uncovered in the sixth
administrative review (‘‘AR6’’) of this
proceeding,2 we find the information
submitted by Hilltop International
(‘‘Hilltop’’) 3 in this CCR contains
material misrepresentations and,
consequently, is unusable for any
purposes. Accordingly, our original
determination that Hilltop is the
successor-in-interest to Yelin Enterprise
Co. Hong Kong (‘‘Yelin’’) is reversed
such that Hilltop should properly be
considered part of the PRC-wide entity,
absent a determination of its own rate
separate from the PRC-wide entity.4
AGENCY:
1 See
Certain Frozen Warmwater Shrimp from the
People’s Republic of China: Notice of Final Results
of Changed Circumstances Review, 72 FR 33447
(June 18, 2007).
2 See Administrative Review of Certain Frozen
Warmwater Shrimp From the People’s Republic of
China: Final Results, Partial Rescission of Sixth
Antidumping Duty Administrative Review and
Determination Not To Revoke in Part, 77 FR 53856
(‘‘PRC Shrimp AR6 Final’’).
3 In the final results of the recently completed
seventh administrative review, the Department
noted that Hilltop, as in prior reviews, has reported
that it is affiliated with Yangjiang City Yelin Hoitat
Quick Frozen Seafood Co., Ltd., Fuqing Yihua
Aquatic Food Co., Ltd., Yelin Enterprise Co., Ltd.,
Ocean Beauty Corporation, Ever Hope International
Co., Ltd., Ocean Duke Corporation and Kingston
Foods Corporation. See Certain Frozen Warmwater
Shrimp From the People’s Republic of China: Final
Results of Administrative Review; 2011–2012, 78 FR
56209, 56210 (September 12, 2013) (‘‘PRC Shrimp
AR7 Final’’).
4 See, e.g., Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of China: Final
Results of Changed Circumstances Review, 75 FR
46914, 46916 (August 4, 2010); Frozen Warmwater
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
DATES:
Effective Date: December 16,
2013.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–2593.
SUPPLEMENTARY INFORMATION:
Background
Yelin was formally dissolved on
December 12, 2006.5 On March 16,
2007, Hilltop filed a submission
requesting that the Department conduct
a CCR of the antidumping duty order on
certain frozen warmwater shrimp from
the PRC to confirm that Hilltop is the
successor-in-interest to Yelin.6 On May
2, 2007, the Department published a
combined initiation and preliminary
results finding that Hilltop was the
successor-in-interest to Yelin.7 On June
18, 2007, this finding was confirmed in
the final results of this CCR.8
On December 5, 2012, the Department
reopened the record of this CCR to
reconsider our determination in light of
the evidence discovered in AR6
regarding Hilltop’s affiliation with
Ocean King (Cambodia) Co. Ltd.9 On
February 27, 2013, the Department
published in the Federal Register its
Preliminary Reconsideration of this
CCR, wherein the original finding that
Hilltop was the successor-in-interest to
Yelin was preliminarily reversed and
Hilltop was preliminarily found to be
part of the PRC-wide entity.10 Hilltop
and Petitioner 11 submitted comments
on the Preliminary Reconsideration on
Shrimp from Vietnam: Notice of Final Results of
Antidumping Duty Changed Circumstances
Reviews, 74 FR 42050, 42051 (August 20, 2009).
5 See Letter from Hilltop to the Secretary of
Commerce ‘‘Request for Expedited Changed
Circumstances Determination’’ (March 16, 2007).
6 See id.
7 Certain Frozen Warmwater Shrimp from the
People’s Republic of China: Notice of Initiation and
Preliminary Results of Changed Circumstances
Review, 72 FR 24273 (May 2, 2007).
8 See Certain Frozen Warmwater Shrimp from the
People’s Republic of China: Notice of Final Results
of Changed Circumstances Review, 72 FR 33447
(June 18, 2007).
9 See Letter to All Interested Parties from
Catherine Bertrand, Program Manager, Office 9,
‘‘Certain Frozen Warmwater Shrimp from the
People’s Republic of China: Reopening the Record
of Changed Circumstances Review’’ (December 5,
2012).
10 See Certain Frozen Warmwater Shrimp From
the People’s Republic of China: Notice of
Preliminary Reconsideration of Changed
Circumstances Review, 78 FR 13324 (February 27,
2013) (‘‘Preliminary Reconsideration’’).
11 Petitioner is the Ad Hoc Shrimp Trade Action
Committee and its members.
E:\FR\FM\16DEN1.SGM
16DEN1
]]>Agencies
[Federal Register Volume 78, Number 241 (Monday, December 16, 2013)]
[Notices]
[Pages 76104-76106]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29839]
-----------------------------------------------------------------------
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 Reinstatement of Antidumping Duty Orders, Resumption
of Administrative Reviews, and Advance Notification of Sunset Reviews
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On July 15, 2011, pursuant to a decision of the Court of
International Trade (CIT) that affirmed the International Trade
Commission's (ITC's) negative injury determinations on remand in the
second sunset review of the antidumping duty orders on bearings from
Japan and the United Kingdom, the Department of Commerce (the
Department) revoked the Orders.\1\ On May 16, 2013, the United States
Court of Appeals for the Federal Circuit (Federal Circuit) reversed the
CIT's decision and ordered the CIT to reinstate the ITC's affirmative
material injury determinations.\2\ Subsequently, on November 18, 2013,
the CIT issued final judgment reinstating the ITC's affirmative injury
determinations.\3\ Therefore, the Department is now reinstating the
Orders. Additionally, the Department is resuming the administrative
reviews of these orders for the periods May 1, 2009, through April 30,
2010, and May 1, 2010, through April 30, 2011.
---------------------------------------------------------------------------
\1\ 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)
(collectively, Orders).
\2\ NSK Corp v. United States International Trade Commission,
716 F.3d 1352 (Fed. Cir. 2013) (NSK May 2013).
\3\ NSK Corp. v. United States International Trade Commission,
Court No. 06-334, Slip Op. 2013-143 (CIT November 18, 2013) (NSK
November 2013).
---------------------------------------------------------------------------
DATES: Effective Date: November 29, 2013.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Minoo Hatten, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0410 or (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 15, 1989, the Department published the Orders in the Federal
Register.\4\ 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.\5\ As a result of
its sunset 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.\6\
---------------------------------------------------------------------------
\4\ See Orders.
\5\ 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.
\6\ 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.\7\ 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.
---------------------------------------------------------------------------
\7\ 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).
---------------------------------------------------------------------------
In its third and fourth remand determinations,\8\ 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.\9\ The CIT stayed the effect of its judgment temporarily but,
lifted the stay on May 13, 2011.\10\ On May 17, 2011, the Federal
Circuit issued a temporary stay of the judgment.\11\
---------------------------------------------------------------------------
\8\ 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).
\9\ See NSK v. United States, 774 F. Supp. 2d 1296 (CIT 2011)
(NSK).
\10\ See NSK Corp. v. United States, 774 F. Supp. 2d 1300 (CIT
2011).
\11\ See NSK Corp. v. United States, 422 Fed. Appx. 885 (Fed.
Cir. 2011).
---------------------------------------------------------------------------
On June 17, 2011, in response to the CIT's entry of judgment in
NSK, the Department published a 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 remained
unliquidated, and not deemed liquidated, as of April 30, 2011.\12\
---------------------------------------------------------------------------
\12\ 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.\13\ Therefore,
pursuant to the
[[Page 76105]]
CIT's judgment in NSK, the Department revoked the Orders.\14\ The CIT's
NSK decision was appealed to the Federal Circuit.
---------------------------------------------------------------------------
\13\ See NSK v. United States, 431 Fed. Appx. 910 (Fed. Cir.
2011).
\14\ See Ball Bearings and Parts Thereof From Japan and the
United Kingdom: Revocation of Antidumping Duty Orders, 76 FR 41761
(July 15, 2011) (Revocation Notice).
---------------------------------------------------------------------------
On May 16, 2013, the Federal Circuit issued a decision reversing
and vacating the CIT's decision in NSK, ordered the CIT to vacate the
ITC's negative determination in the Third Remand and Fourth Remand, and
ordered the CIT to reinstate the ITC's affirmative determination in ITC
Publication 4131, Ball Bearings and Parts Thereof From Japan and the
United Kingdom, Investigation Nos. 731-TA-394A and 399A (Second Review)
(Second Remand) (January 2010).\15\ On November 18, 2013, the CIT
reinstated the ITC's affirmative determination.\16\
---------------------------------------------------------------------------
\15\ See NSK May 2013.
\16\ See NSK November 2013.
---------------------------------------------------------------------------
Therefore, pursuant to the CIT's November 18, 2013, order
reinstating the ITC's affirmative material injury determination, the
Department is reinstating the Orders.
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.
Reinstatement of Antidumping Duty Orders
Pursuant to the CIT's November 18, 2013, order reinstating the
ITC's determination that the revocation of the Orders would be likely
to lead to the continuation or recurrence of material injury within a
reasonably foreseeable time, the Department is reinstating the Orders
consistent with section 751(d) of the Act. As a result of this
reinstatement, the Department will resume discontinued administrative
reviews of the Orders and intends to initiate new administrative
reviews of the Orders, if requested.
Furthermore, the Department will instruct U.S. Customs and Border
Protection (CBP) to resume the collection of cash deposits for
estimated antidumping duties at the rates in effect on July 15, 2011,
the date on which the collection of cash deposits was discontinued.\17\
---------------------------------------------------------------------------
\17\ See Revocation Notice, 76 FR at 41762-63. We instructed CBP
to continue the suspension of liquidation of entries pending a
``final and conclusive'' court decision. Id.
---------------------------------------------------------------------------
Resumption of Administrative Reviews
As a result of the Revocation Notice, the Department discontinued
all unfinished administrative reviews of the Orders.\18\ The unfinished
administrative reviews covered the periods May 1, 2009, through April
30, 2010, and May 1, 2010, through April 30, 2011.
---------------------------------------------------------------------------
\18\ See id., 76 FR at 41762.
---------------------------------------------------------------------------
We are hereby resuming the administrative reviews covering the
period May 1, 2009, through April 30, 2010. At the time the Orders were
revoked, we had issued the preliminary results of review for the
administrative reviews covering the period May 1, 2009, through April
30, 2010.\19\ Section 751(a)(3)(A) of the Act instructs that ``The
administering authority shall make . . . a final determination under
paragraph (1) within 120 days after the date on which the preliminary
determination is published.'' Accordingly, we intend to issue our final
results of reviews for the period May 1, 2009, through April 30, 2010,
no later than 120 days after publication of this notice.
---------------------------------------------------------------------------
\19\ See Ball Bearings and Parts Thereof From France, Germany,
Italy, Japan, and the United Kingdom: Preliminary Results of
Antidumping Administrative and Changed-Circumstances Reviews, 76 FR
22372 (April 21, 2011). The reviews involving ball bearings and
parts thereof from France, Germany, and Italy were completed on
August 24, 2011. See Ball Bearings and Parts Thereof From France,
Germany, and Italy: Final Results of Antidumping Administrative and
Changed Circumstances Reviews, 76 FR 52937 (August 24, 2011).
---------------------------------------------------------------------------
We are also hereby resuming the administrative reviews covering the
period May 1, 2010 through April 30, 2011. At the time the Orders were
revoked, we had just initiated the administrative reviews covering the
period May 1, 2010, through April 30, 2011.\20\ Section 751(a)(3)(A) of
the Act instructs that ``The administering authority shall make a
preliminary determination under subparagraph (A), (B), or (C) of
paragraph (1) within 245 days after the last day of the month in which
occurs the anniversary of the date of publication of the order,
finding, or suspension agreement for which the review under paragraph
(1) is requested.'' Accordingly, we intend to issue our preliminary
results of reviews for the period May 1, 2010, through April 30, 2011,
no later than 245 days after publication of this notice. The deadline
for withdrawing requests for review covering the period May 1, 2010
through April 30, 2011 will be 90 days
[[Page 76106]]
after the date of publication of this notice.
---------------------------------------------------------------------------
\20\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 76 FR
37781 (June 28, 2011). The reviews involving ball bearings and parts
thereof from France, Germany, and Italy were completed on December
10, 2012. See Ball Bearings and Parts Thereof From France, Germany,
and Italy: Final Results of Antidumping Administrative Reviews;
2010-2011, 77 FR 73415 (December 10, 2012).
---------------------------------------------------------------------------
Furthermore, Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) (Final
Modification), applies to these administrative reviews.\21\
---------------------------------------------------------------------------
\21\ See Final Modification, 77 FR at 8113.
---------------------------------------------------------------------------
Subsequent Administrative Reviews
Each year during the anniversary month of the publication of an
antidumping or countervailing duty order, finding, or suspended
investigation, an interested party, as defined in section 771(9) of the
Act, may request, in accordance with 19 CFR 351.213, that the
Department conduct an administrative review of that antidumping or
countervailing duty order, finding, or suspended investigation.
Subsequent to the Revocation Notice, two anniversary months for
these orders have passed (May 2012 and May 2013). Therefore, we intend
to provide interested parties an opportunity to request administrative
reviews of these Orders. We intend to provide interested parties with
this opportunity simultaneously with the next anniversary month for
these Orders (May 2014). If any reviews are requested, we intend to
conduct the reviews simultaneously.
Advance Notification of Sunset Reviews
Every five years, pursuant to section 751(c) of the Act, the
Department and the ITC automatically initiate and conduct a review to
determine whether revocation of a countervailing or antidumping duty
order or termination of an investigation suspended under section 704 or
734 of the Act would be likely to lead to continuation or recurrence of
dumping or a countervailable subsidy (as the case may be) and of
material injury. The third sunset reviews of these orders were
scheduled for initiation in August 2011 but were obviated by the
Revocation Notice. This notice constitutes advance notification for the
sunset reviews of these orders which we intend to initiate on January
2, 2014.\22\
---------------------------------------------------------------------------
\22\ For information relevant to the Department's conduct of
sunset reviews, see, e.g., Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Advance Notification of Sunset
Reviews, 78 FR 60252 (October 1, 2013).
---------------------------------------------------------------------------
This notice is published consistent with section 777(i) of the Act.
Dated: December 9, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-29839 Filed 12-13-13; 8:45 am]
BILLING CODE 3510-DS-P
