Tapered Roller Bearings and Parts Thereof, Finished and Unfinished From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Antidumping Duty Administrative Review and Notice of Amended Final Results Pursuant to Court Decision; 2010-2011, 56773-56774 [2014-22627]

Download as PDF Federal Register / Vol. 79, No. 184 / Tuesday, September 23, 2014 / Notices above to all entries of subject merchandise produced and/or exported by such firms. We intend to issue instructions to CBP 15 days after publication of the final results of these administrative reviews. Cash Deposit Requirements Because the antidumping duty orders on ball bearings from Japan and the United Kingdom have been revoked,13 the Department will not issue cash deposit instructions at the conclusion of these administrative reviews. Notification to Importers Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: September 17, 2014. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. mstockstill on DSK4VPTVN1PROD with NOTICES Appendix List of Topics Discussed in the Preliminary Decision Memorandum Summary Background Scope of the Orders Rescission in Part Continuation of Administrative Review of Bosch Packaging Technology K.K., Bosch Rexroth Corporation, and Hagglunds Ltd. (Japan) Selection of Respondents Non-Selected Respondents Use of Facts Otherwise Available A. Use of Facts Available B. Application of Adverse Inferences for Facts Available C. Selection and Corroboration of Information Used as Facts Available Comparisons to Normal Value A. Determination of Comparison Method B. Results of the Differential Pricing Analysis Product Comparisons Date of Sale Constructed Export Price Normal Value 13 See Ball Bearings and Parts Thereof From Japan and the United Kingdom: Final Results of Sunset Reviews and Revocation of Antidumping Duty Orders, 79 FR 16771 (March 26, 2014). 17:55 Sep 22, 2014 [FR Doc. 2014–22628 Filed 9–22–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. VerDate Sep<11>2014 A. Home Market Viability as Comparison Market B. Level of Trade C. Calculation of Normal Value Based on Comparison Market Prices D. Calculation of Normal Value Based on Constructed Value E. Cost of Production 1. Calculation of Cost of Production 2. Test of Comparison-Market Sales Prices 3. Results of the COP Test Currency Conversion Recommendation Jkt 232001 International Trade Administration [A–570–601] Tapered Roller Bearings and Parts Thereof, Finished and Unfinished From the People’s Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Antidumping Duty Administrative Review and Notice of Amended Final Results Pursuant to Court Decision; 2010–2011 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 19, 2014, the United States Court of International Trade (‘‘CIT’’ or ‘‘Court’’) sustained the Department of Commerce’s (the ‘‘Department’’) results of redetermination, pursuant to the CIT’s remand order, in The Timken Company v. United States and Changshan Peer Bearing Co., Ltd. and Peer Bearing Company, Slip Op. 2014–97 (CIT August 19, 2014), concerning the final results of the antidumping duty administrative review for tapered roller bearings and parts thereof, finished and unfinished from the People’s Republic of China (‘‘PRC’’) for the period of review June 1, 2010 to May 31, 2011.1 Consistent with the decision of the United States Court of Appeals for the Federal Circuit (‘‘CAFC’’) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (‘‘Timken’’), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (‘‘Diamond Sawblades’’), the Department is notifying the public that the final judgment in this case is not in AGENCY: 1 See Final Results of Redetermination Pursuant to Court Remand, Court No. 13–00069, Slip Op. 14– 97, dated June 12, 2014, available at: http:// enforcement.trade.gov/remands/index.html (‘‘TRBs Final Remand’’); Tapered Roller Bearings and Parts Thereof, Finished and Unfinished From the People’s Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2010– 2011, 78 FR 12035 (February 21, 2013) (‘‘Amended Final Results’’). PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 56773 harmony with the Department’s Amended Final Results, and it is amending the Amended Final Results with respect to Changshan Peer Bearing Co., Ltd. DATES: Effective: August 29, 2014. FOR FURTHER INFORMATION CONTACT: Brandon Farlander, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0182. SUPPLEMENTARY INFORMATION: Background On February 21, 2013, the Department published the Amended Final Results. One Chinese exporter of tapered roller bearings from the PRC, Changshan Peer Bearing Co., Ltd., appealed the Department’s Amended Final Results to the CIT, and on May 2, 2014, the Court granted the Department’s request for a voluntary remand to reexamine the alleged currency conversion error in Changshan Peer Bearing Co., Ltd.’s reported further manufacturing costs.2 After reexamining Changshan Peer Bearing Co., Ltd.’s further manufacturing costs, the Department determined that the further manufacturing costs were reported in Thai baht (not U.S. dollars) and therefore required conversion into U.S. dollars. On August 19, 2014, the CIT affirmed the Department’s TRBs Final Remand, which resulted in a weightedaverage dumping margin of 0.00% for Changshan Peer Bearing Co., Ltd. Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department must publish a notice of a court decision that is not ‘‘in harmony’’ with a Department determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s August 19, 2014 judgment sustaining the TRBs Final Remand constitutes a final decision of that court that is not in harmony with the Amended Final Results. This notice is published in fulfillment of the publication requirements of Timken. Amended Final Results Because there is now a final court decision with respect to this litigation, the Department is amending its 2 See The Timken Company v. United States and Changshan Peer Bearing Co., Ltd. and Peer Bearing Company, Slip Op. 2014–51 (CIT May 2, 2014). E:\FR\FM\23SEN1.SGM 23SEN1 56774 Federal Register / Vol. 79, No. 184 / Tuesday, September 23, 2014 / Notices Amended Final Results with respect to Changshan Peer Bearing Co., Ltd.’s weighted-average dumping margin. The revised weighted-average dumping margin for the period June 1, 2010 to May 31, 2011, for Changshan Peer Bearing Co., Ltd. is 0.00%. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. In the event the Court’s ruling is not appealed, or if appealed and upheld by the Federal Circuit, the Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on entries of the subject merchandise exported by Changshan Peer Bearing Co., Ltd. using the revised assessment rate calculated by the Department in the Remand Results and listed above. Cash Deposit Requirements Since the Amended Final Results, the Department has established a new cash deposit rate for Changshan Peer Bearing Co., Ltd.3 Therefore, Changshan Peer Bearing Co., Ltd.’s cash deposit rate does not need to be updated as a result of these amended final results. The cash deposit rate for Changshan Peer Bearing Co., Ltd. will remain the rate established for the subsequent and most-recent period during which Changshan Peer Bearing Co., Ltd. was reviewed. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: September 17, 2014. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–22627 Filed 9–22–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Open Meeting of the Information Security and Privacy Advisory Board National Institute of Standards and Technology, Commerce. ACTION: Notice. mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: The Information Security and Privacy Advisory Board (ISPAB) will SUMMARY: 3 See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People’s Republic of China: Final Results of the 2011–2012 Antidumping Duty Administrative Review and New Shipper Reviews, 79 FR 4327 (January 27, 2014). VerDate Sep<11>2014 17:55 Sep 22, 2014 Jkt 232001 meet Wednesday, October 22, 2014, from 8:30 a.m. until 5:00 p.m. Eastern Time, Thursday, October 23, 2014, from 8:30 a.m. until 5:00 p.m. Eastern Time, and Friday, October 24, 2014, from 8:30 a.m. until 12:00 p.m. Eastern Time. All sessions will be open to the public. DATES: The meeting will be held on Wednesday, October 22, 2014, from 8:30 a.m. until 5:00 p.m. Eastern Time, Thursday, October 23, 2014, from 8:30 a.m. until 5:00 p.m. Eastern Time, and Friday, October 24, 2014, from 8:30 a.m. until 12:00 p.m. Eastern Time. ADDRESSES: The meeting will take place at the United States Access Board Conference Room, 1331 F Street NW., Suite 800, Washington, DC 20004. FOR FURTHER INFORMATION CONTACT: Annie Sokol, Information Technology Laboratory, National Institute of Standards and Technology, 100 Bureau Drive, Stop 8930, Gaithersburg, MD 20899–8930, telephone: (301) 975–2006, or by email at: annie.sokol@nist.gov. SUPPLEMENTARY INFORMATION: Pursuant to the Federal Advisory Committee Act, as amended, 5 U.S.C. App., notice is hereby given that the Information Security and Privacy Advisory Board (ISPAB) will meet Wednesday, October 22, 2014, from 8:30 a.m. until 5:00 p.m. Eastern Time, Thursday, October 23, 2014, from 8:30 a.m. until 5:00 p.m. Eastern Time, and Friday, October 24, 2014, from 8:30 a.m. until 12:00 p.m. Eastern Time. All sessions will be open to the public. The ISPAB is authorized by 15 U.S.C. 278g–4, as amended, and advises the National Institute of Standards and Technology (NIST), and the Director of the Office of Management and Budget (OMB) on information security and privacy issues pertaining to Federal government information systems, including thorough review of proposed standards and guidelines developed by NIST. Details regarding the ISPAB’s activities are available at http://csrc.nist.gov/ groups/SMA/ispab/index.html. The agenda is expected to include the following items: —Discussion on cloud geolocation and privacy, —Report on the Surveillance Program Operated Pursuant to Section 702 of the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. 1881a, from the Privacy and Civil Liberties Oversight Board, —Discussion on Continuous Monitoring and Continuous Diagnostics and Mitigation (CDM), —Discussion on security, privacy and processes on meaningful use healthcare technology, —Presentation on drones and privacy, PO 00000 Frm 00036 Fmt 4703 Sfmt 9990 —Presentation on Mutual Legal Assistance Treaties (MLATs) in relation to intelligence and communication technologies, —Discussion on mobile devices and protection of sensitive information, —Updates on NIST Privacy Engineering Workshop, —Updates on Federal Risk and Authorization Management Program (FedRAMP), —Discussion on safeguarding health information, —Discussion on NIST Visiting Committee on Advanced Technology Report on NIST Cryptographic Standards and Guidelines Development Process http:// www.nist.gov/director/vcat/ cryptographic-standards-guidelinesprocess.cfm, and —Update on NIST Computer Security Division. Note that agenda items may change without notice. The final agenda will be posted on the Web site indicated above. Seating will be available for the public and media. No registration is required to attend this meeting. Public Participation: The ISPAB agenda will include a period of time, not to exceed thirty minutes, for oral comments from the public (Friday, October 24, 2014, between 10:00 a.m. and 10:30 a.m.). Speakers will be selected on a first-come, first-served basis. Each speaker will be limited to five minutes. Questions from the public will not be considered during this period. Members of the public who are interested in speaking are requested to contact Annie Sokol at the contact information indicated in the FOR FURTHER INFORMATION CONTACT section of this notice. Speakers who wish to expand upon their oral statements, those who had wished to speak but could not be accommodated on the agenda, and those who were unable to attend in person are invited to submit written statements. In addition, written statements are invited and may be submitted to the ISPAB at any time. All written statements should be directed to the ISPAB Secretariat, Information Technology Laboratory, 100 Bureau Drive, Stop 8930, National Institute of Standards and Technology, Gaithersburg, MD 20899–8930. Dated: September 17, 2014. Willie E. May, Associate Director for Laboratory Programs. [FR Doc. 2014–22623 Filed 9–22–14; 8:45 am] BILLING CODE 3510–13–P E:\FR\FM\23SEN1.SGM 23SEN1

Agencies

[Federal Register Volume 79, Number 184 (Tuesday, September 23, 2014)]
[Notices]
[Pages 56773-56774]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22627]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-601]


Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished From the People's Republic of China: Notice of Court 
Decision Not in Harmony With the Final Results of Antidumping Duty 
Administrative Review and Notice of Amended Final Results Pursuant to 
Court Decision; 2010-2011

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On August 19, 2014, the United States Court of International 
Trade (``CIT'' or ``Court'') sustained the Department of Commerce's 
(the ``Department'') results of redetermination, pursuant to the CIT's 
remand order, in The Timken Company v. United States and Changshan Peer 
Bearing Co., Ltd. and Peer Bearing Company, Slip Op. 2014-97 (CIT 
August 19, 2014), concerning the final results of the antidumping duty 
administrative review for tapered roller bearings and parts thereof, 
finished and unfinished from the People's Republic of China (``PRC'') 
for the period of review June 1, 2010 to May 31, 2011.\1\
---------------------------------------------------------------------------

    \1\ See Final Results of Redetermination Pursuant to Court 
Remand, Court No. 13-00069, Slip Op. 14-97, dated June 12, 2014, 
available at: http://enforcement.trade.gov/remands/index.html 
(``TRBs Final Remand''); Tapered Roller Bearings and Parts Thereof, 
Finished and Unfinished From the People's Republic of China: Amended 
Final Results of Antidumping Duty Administrative Review; 2010-2011, 
78 FR 12035 (February 21, 2013) (``Amended Final Results'').
---------------------------------------------------------------------------

    Consistent with the decision of the United States Court of Appeals 
for the Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 
F.2d 337 (Fed. Cir. 1990) (``Timken''), as clarified by Diamond 
Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 
2010) (``Diamond Sawblades''), the Department is notifying the public 
that the final judgment in this case is not in harmony with the 
Department's Amended Final Results, and it is amending the Amended 
Final Results with respect to Changshan Peer Bearing Co., Ltd.

DATES: Effective: August 29, 2014.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander, Office IV, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0182.

SUPPLEMENTARY INFORMATION:

Background

    On February 21, 2013, the Department published the Amended Final 
Results. One Chinese exporter of tapered roller bearings from the PRC, 
Changshan Peer Bearing Co., Ltd., appealed the Department's Amended 
Final Results to the CIT, and on May 2, 2014, the Court granted the 
Department's request for a voluntary remand to reexamine the alleged 
currency conversion error in Changshan Peer Bearing Co., Ltd.'s 
reported further manufacturing costs.\2\ After reexamining Changshan 
Peer Bearing Co., Ltd.'s further manufacturing costs, the Department 
determined that the further manufacturing costs were reported in Thai 
baht (not U.S. dollars) and therefore required conversion into U.S. 
dollars. On August 19, 2014, the CIT affirmed the Department's TRBs 
Final Remand, which resulted in a weighted-average dumping margin of 
0.00% for Changshan Peer Bearing Co., Ltd.
---------------------------------------------------------------------------

    \2\ See The Timken Company v. United States and Changshan Peer 
Bearing Co., Ltd. and Peer Bearing Company, Slip Op. 2014-51 (CIT 
May 2, 2014).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (``the Act''), the Department must 
publish a notice of a court decision that is not ``in harmony'' with a 
Department determination and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The CIT's August 19, 2014 
judgment sustaining the TRBs Final Remand constitutes a final decision 
of that court that is not in harmony with the Amended Final Results. 
This notice is published in fulfillment of the publication requirements 
of Timken.

Amended Final Results

    Because there is now a final court decision with respect to this 
litigation, the Department is amending its

[[Page 56774]]

Amended Final Results with respect to Changshan Peer Bearing Co., 
Ltd.'s weighted-average dumping margin. The revised weighted-average 
dumping margin for the period June 1, 2010 to May 31, 2011, for 
Changshan Peer Bearing Co., Ltd. is 0.00%.
    Accordingly, the Department will continue the suspension of 
liquidation of the subject merchandise pending the expiration of the 
period of appeal or, if appealed, pending a final and conclusive court 
decision. In the event the Court's ruling is not appealed, or if 
appealed and upheld by the Federal Circuit, the Department will 
instruct U.S. Customs and Border Protection (CBP) to assess antidumping 
duties on entries of the subject merchandise exported by Changshan Peer 
Bearing Co., Ltd. using the revised assessment rate calculated by the 
Department in the Remand Results and listed above.

Cash Deposit Requirements

    Since the Amended Final Results, the Department has established a 
new cash deposit rate for Changshan Peer Bearing Co., Ltd.\3\ 
Therefore, Changshan Peer Bearing Co., Ltd.'s cash deposit rate does 
not need to be updated as a result of these amended final results. The 
cash deposit rate for Changshan Peer Bearing Co., Ltd. will remain the 
rate established for the subsequent and most-recent period during which 
Changshan Peer Bearing Co., Ltd. was reviewed.
---------------------------------------------------------------------------

    \3\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China: Final Results of 
the 2011-2012 Antidumping Duty Administrative Review and New Shipper 
Reviews, 79 FR 4327 (January 27, 2014).
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: September 17, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-22627 Filed 9-22-14; 8:45 am]
BILLING CODE 3510-DS-P