Ball Bearings and Parts Thereof From Japan: Notice of Court Decision Not in Harmony With the Final Results of Antidumping Duty Administrative Review; 2008-2009, 45506-45507 [2015-18732]
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Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Notices
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[FR Doc. 2015–18667 Filed 7–29–15; 8:45 am]
BILLING CODE 3510–07–P
public comment (80 FR 18807, 04–08–
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Dated: July 24, 2015.
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[FR Doc. 2015–18729 Filed 7–29–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–20–2015]
Authorization of Production Activity,
Foreign-Trade Zone 50, Mercedes Benz
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Section 400.14.
Foreign-Trade Zones Board
Dated: July 24, 2015.
Andrew McGilvray,
Executive Secretary.
[B–18–2015]
[FR Doc. 2015–18728 Filed 7–29–15; 8:45 am]
DEPARTMENT OF COMMERCE
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–804]
Ball Bearings and Parts Thereof From
Japan: Notice of Court Decision Not in
Harmony With the Final Results of
Antidumping Duty Administrative
Review; 2008–2009
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 14, 2015, the United
States Court of International Trade (CIT)
AGENCY:
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Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Notices
issued final judgment in NTN Bearing
Corporation of America v. United
States, Court No. 10–00286, Slip Op.
15–76 (CIT July 14, 2015), affirming the
Department of Commerce’s (the
Department) amended final results of
redetermination pursuant to remand.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 harmony
with the Department’s final results of
the administrative review of the
antidumping duty order on ball bearings
and parts thereof from Japan covering
the period May 1, 2008 through April
30, 2009.
DATES: Effective Date: July 24, 2015.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer, AD/CVD 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.
SUPPLEMENTARY INFORMATION:
Lhorne on DSK7TPTVN1PROD with NOTICES
Background
On September 1, 2010, the
Department published AFBs 20.2 NTN
Corporation (NTN) and other parties
appealed AFBs 20 to the CIT. On
February 3, 2015, the CIT remanded
AFBs 20 and ordered the Department to
revise its calculation of NTN’s U.S.
credit expenses to use the correct
variable and recalculate the weightedaverage dumping margin for NTN.3 On
May 4, 2015, the Department filed its
final results of redetermination pursuant
to remand in accordance with the CIT’s
order,4 but on the same day the
Department sought leave to file an
amended remand redetermination,
1 See Amended Final Results of Remand
Redetermination pursuant to NTN Bearing
Corporation of America v. United States, Court No.
10–00286, Slip Op. 15–12 (CIT February 3, 2015),
dated May 6, 2015, and filed with the CIT on May
7, 2015 (Amended Final Remand).
2 See Ball Bearings and Parts Thereof From
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661 (September 1, 2010) (AFBs 20).
3 See NTN Bearing Corporation of America v.
United States, Court No. 10–00286, Slip Op. 15–12
(CIT February 3, 2015) at 21.
4 See Final Results of Remand Redetermination
pursuant to NTN Bearing Corporation of America
v. United States, Court No. 10–00286, Slip Op. 15–
12 (CIT February 3, 2015), dated April 13, 2015, and
filed with the CIT on May 4, 2015.
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14:54 Jul 29, 2015
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noting that The Timken Company had
commented on the draft remand
redetermination.5 The CIT granted the
Department’s leave request on May 5,
2015.6 On May 7 2015, the Department
filed its amended final results of
redetermination.7 The changes to the
Department’s calculations with respect
to NTN did not result in a change in the
weighted-average dumping margin.8
The CIT affirmed the Department’s
Amended Final Remand on July 14,
2015, and entered judgment.9
Timken Notice
In its decision in Timken, 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
July 14, 2015, judgment affirming the
Amended Final Remand constitutes a
final decision of the CIT that is not in
harmony with AFBs 20. This notice is
published in fulfillment of the
publication requirements of Timken.
Continuation of Suspension of
Liquidation
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 CIT’s ruling is
not appealed, or if appealed and upheld
by the CAFC, the Department will
instruct U.S. Customs and Border
Protection (CBP) to assess antidumping
duties on appropriate entries of the
subject merchandise using the rate
calculated by the Department in AFBs
20.
Cash Deposit Requirements
Because we revoked the antidumping
duty order on ball bearings and parts
thereof from Japan, effective September
15, 2011, no cash deposits for estimated
antidumping duties on future entries of
subject merchandise will be required.10
5 See NTN Bearing Corporation of America v.
United States, Court No. 10–00286, Slip Op. 15–76
(CIT July 14, 2015) (NTN Bearing II) at 1 n.1.
6 Id.
7 See Amended Final Remand.
8 Id.
9 See NTN Bearing II.
10 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).
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45507
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: July 24, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–18732 Filed 7–29–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
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Technology
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and Technology, Department of
Commerce.
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Agencies
[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Notices]
[Pages 45506-45507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18732]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-804]
Ball Bearings and Parts Thereof From Japan: Notice of Court
Decision Not in Harmony With the Final Results of Antidumping Duty
Administrative Review; 2008-2009
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 14, 2015, the United States Court of International
Trade (CIT)
[[Page 45507]]
issued final judgment in NTN Bearing Corporation of America v. United
States, Court No. 10-00286, Slip Op. 15-76 (CIT July 14, 2015),
affirming the Department of Commerce's (the Department) amended final
results of redetermination pursuant to remand.\1\
---------------------------------------------------------------------------
\1\ See Amended Final Results of Remand Redetermination pursuant
to NTN Bearing Corporation of America v. United States, Court No.
10-00286, Slip Op. 15-12 (CIT February 3, 2015), dated May 6, 2015,
and filed with the CIT on May 7, 2015 (Amended Final Remand).
---------------------------------------------------------------------------
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 final
results of the administrative review of the antidumping duty order on
ball bearings and parts thereof from Japan covering the period May 1,
2008 through April 30, 2009.
DATES: Effective Date: July 24, 2015.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD 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.
SUPPLEMENTARY INFORMATION:
Background
On September 1, 2010, the Department published AFBs 20.\2\ NTN
Corporation (NTN) and other parties appealed AFBs 20 to the CIT. On
February 3, 2015, the CIT remanded AFBs 20 and ordered the Department
to revise its calculation of NTN's U.S. credit expenses to use the
correct variable and recalculate the weighted-average dumping margin
for NTN.\3\ On May 4, 2015, the Department filed its final results of
redetermination pursuant to remand in accordance with the CIT's
order,\4\ but on the same day the Department sought leave to file an
amended remand redetermination, noting that The Timken Company had
commented on the draft remand redetermination.\5\ The CIT granted the
Department's leave request on May 5, 2015.\6\ On May 7 2015, the
Department filed its amended final results of redetermination.\7\ The
changes to the Department's calculations with respect to NTN did not
result in a change in the weighted-average dumping margin.\8\ The CIT
affirmed the Department's Amended Final Remand on July 14, 2015, and
entered judgment.\9\
---------------------------------------------------------------------------
\2\ See Ball Bearings and Parts Thereof From France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661 (September
1, 2010) (AFBs 20).
\3\ See NTN Bearing Corporation of America v. United States,
Court No. 10-00286, Slip Op. 15-12 (CIT February 3, 2015) at 21.
\4\ See Final Results of Remand Redetermination pursuant to NTN
Bearing Corporation of America v. United States, Court No. 10-00286,
Slip Op. 15-12 (CIT February 3, 2015), dated April 13, 2015, and
filed with the CIT on May 4, 2015.
\5\ See NTN Bearing Corporation of America v. United States,
Court No. 10-00286, Slip Op. 15-76 (CIT July 14, 2015) (NTN Bearing
II) at 1 n.1.
\6\ Id.
\7\ See Amended Final Remand.
\8\ Id.
\9\ See NTN Bearing II.
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken, 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 July 14, 2015, judgment affirming the Amended Final
Remand constitutes a final decision of the CIT that is not in harmony
with AFBs 20. This notice is published in fulfillment of the
publication requirements of Timken.
Continuation of Suspension of Liquidation
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 CIT's ruling is not appealed, or if appealed and upheld by
the CAFC, the Department will instruct U.S. Customs and Border
Protection (CBP) to assess antidumping duties on appropriate entries of
the subject merchandise using the rate calculated by the Department in
AFBs 20.
Cash Deposit Requirements
Because we revoked the antidumping duty order on ball bearings and
parts thereof from Japan, effective September 15, 2011, no cash
deposits for estimated antidumping duties on future entries of subject
merchandise will be required.\10\
---------------------------------------------------------------------------
\10\ 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).
---------------------------------------------------------------------------
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: July 24, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-18732 Filed 7-29-15; 8:45 am]
BILLING CODE 3510-DS-P