Ball Bearings and Parts Thereof From the United Kingdom: Third Amended Final Results of Antidumping Duty Administrative Review Pursuant to Court Decision; 2010-2011, 34180-34181 [2020-11953]

Download as PDF 34180 Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Notices which can be placed in the public file on http://www.regulations.gov. Communications from agencies of the United States Government will not be made available for public inspection. For comments submitted electronically containing business confidential information, the file name of the business confidential version should begin with the characters ‘‘BC’’. Any page containing business confidential information must be clearly marked ‘‘BUSINESS CONFIDENTIAL’’ on the top of that page. The non-confidential version must be clearly marked ‘‘PUBLIC’’. The file name of the nonconfidential version should begin with the character ‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be followed by the name of the person or entity submitting the comments or rebuttal comments. All filers should name their files using the name of the person or entity submitting the comments. If a public hearing is held in support of this investigation, a separate Federal Register notice will be published providing the date and information about the hearing. The Bureau of Industry and Security does not maintain a separate public inspection facility. Requesters should first view the Bureau’s web page, which can be found at https:// efoia.bis.doc.gov/ (see ‘‘Electronic FOIA’’ heading). If requesters cannot access the website, they may call 202– 482–0795 for assistance. The records related to this assessment are made accessible in accordance with the regulations published in part 4 of title 15 of the Code of Federal Regulations (15 CFR 4.1 et seq.). Richard E. Ashooh, Assistant Secretary for Export Administration. [FR Doc. 2020–11926 Filed 6–2–20; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE of the antidumping duty order on ball bearings and parts thereof (ball bearings) from the United Kingdom covering the period May 1, 2010 through April 30, 2011. The Department of Commerce (Commerce) is, therefore, amending the final results with respect to Bayerische Motoren Werke AG (BMW). DATES: Applicable June 3, 2020. FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0410. SUPPLEMENTARY INFORMATION: Background On January 27, 2015, Commerce published the Final Results in the above-referenced administrative review.1 Commerce selected the highest rate from the petition (254.25 percent) as the weighted-average dumping margin for BMW based on adverse facts available (AFA). BMW of North America LLC appealed the Final Results to the CIT, and on March 2, 2017, the CIT remanded the Final Results.2 Specifically, the CIT remanded the Final Results directing that Commerce either: (1) Provide a new corroboration analysis for the selected petition rate that is consistent with Commerce’s obligations and the Court’s opinion; or (2) determine a new AFA rate consistent with Commerce’s obligations and the Court’s opinion.3 On May 12, 2017, Commerce issued its final results of redetermination pursuant to remand, in accordance with the CIT’s order.4 On remand, Commerce determined a new AFA rate of 126.44 percent for BMW, consistent with the First Remand. On August 23, 2017, the CIT sustained Commerce’s First Redetermination.5 On September 2, 2017, Commerce published the Second Amended Final Results in the Federal Register.6 The CIT’s ruling was appealed to the U.S. Court of Appeals for the Federal Circuit (CAFC). On appeal, the CAFC concluded that ‘‘Commerce did not set forth its reasoning in sufficient detail to allow review of whether the selected AFA rate was unduly punitive’’ and remanded the case.7 Based on the CAFC’s decision, the CIT issued the Second Remand on July 3, 2019.8 On October 1, 2019, Commerce issued its final results of redetermination in accordance with the Second Remand.9 On remand, Commerce determined a new AFA rate of 61.14 percent for BMW, consistent with the Second Remand. On March 26, 2020, the CIT sustained Commerce’s Second Redetermination.10 Amended Final Results Because there is now a final court decision, Commerce is amending the Final Results with respect to BMW. The revised weighted-average dumping margin for BMW for the period May 1, 2010 through April 30, 2011, is as follows: Exporter or producer Weightedaverage dumping margin (percent) Bayerische Motoren Werke AG .. 61.14 Liquidation and Assessment of Antidumping Duties In the event the CIT’s ruling is not appealed, or if it is appealed and upheld by a final and conclusive court decision, Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties at a rate equal to the weighted-average dumping margin listed above for all entries of subject merchandise during the period May 1, 2010 through April 30, 2011, that were produced and/or exported by BMW. International Trade Administration [A–412–801] Ball Bearings and Parts Thereof From the United Kingdom: Third Amended Final Results of Antidumping Duty Administrative Review Pursuant to Court Decision; 2010–2011 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 26, 2020, the United States Court of International Trade (CIT) sustained the October 2019 final results of redetermination pertaining to the administrative review lotter on DSK9F5VC42PROD with NOTICES AGENCY: VerDate Sep<11>2014 18:35 Jun 02, 2020 Jkt 250001 1 See Ball Bearings and Parts Thereof from Japan and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews; 2010– 2011, 80 FR 4248 (January 27, 2015), amended in Ball Bearings and Parts Thereof from the United Kingdom: Amended Final Results of Antidumping Duty Administrative Review; 2010–2011, 80 FR 9694 (February 24, 2015) (Final Results). 2 See BMW of North America LLC v. United States, Court No. 15–00052, Slip Op. 17–22 (CIT March 2, 2017) (First Remand). 3 See First Remand at 12–17. 4 See Results Of Remand Redetermination, BMW of North America LLC v. United States, Court No. 15–00052, Slip Op. 17–22, dated May 12, 2017 (First Redetermination). 5 See BMW of North America LLC v. United States, Slip Op. 17–109, Consol. Court No. 15– 00052 (CIT 2017). PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 6 See Ball Bearings and Parts Thereof From the United Kingdom: Notice of Court Decision Not in Harmony With Amended Final Results and Notice of Second Amended Results of Antidumping Duty Administrative Review, 82 FR 42296 (September 2, 2017) (Second Amended Final Results). 7 See BMW of North America LLC v. United States, 926 F.3d 1291, 1293 and 1302 (CAFC May 9, 2019). 8 See BMW of North America LLC v. United States, Court No. 15–00052 Order at 1 (CIT July 3, 2019) (Second Remand). 9 See Results Of Remand Redetermination, BMW of North America LLC v. United States, Court No. 2018–1109, dated October 1, 2019 (Second Redetermination). 10 See BMW of North America LLC v. United States, Slip Op. 20–41, Consol. Court No. 15–00052 (CIT March 26, 2020). E:\FR\FM\03JNN1.SGM 03JNN1 Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Notices Cash Deposit Requirements Because we revoked the antidumping duty order on ball bearings and parts thereof from the United Kingdom effective September 15, 2011, no cash deposits for estimated antidumping duties on future entries of subject merchandise are required.11 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. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until May 19, 2020, unless extended.12 Dated: March 31, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–11953 Filed 6–2–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA212] New England Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. AGENCY: The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Advisory Panel via webinar to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. DATES: This meeting will be held on Thursday, June 18, 2020 at 9 a.m. ADDRESSES: All meeting participants and interested parties can register to join the webinar at https:// attendee.gotowebinar.com/register/ 8315070286252690191. Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. lotter on DSK9F5VC42PROD with NOTICES SUMMARY: FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465–0492. National Oceanic and Atmospheric Administration SUPPLEMENTARY INFORMATION: Agenda The Scallop Advisory Panel will review Amendment 21: The Council has developed alternatives to address three specific issues in this action: (1) Measures related to the Northern Gulf of Maine (NGOM) Management Area, (2) Limited Access General Category (LAGC) individual fishing quota (IFQ) possession limits, and (3) ability of Limited Access vessels with LAGC IFQ to transfer quota to LAGC IFQ only vessels. Review draft environmental assessment and consider developing preliminary preferred alternatives. They will also discuss the impacts of COVID– 19: Discuss the timing and outlook for 2020 surveys and 2021/22 specifications process. Discuss options for completing 2020 Council priorities. Other business may be discussed, as necessary. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council’s intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at (978) 465–0492, at least 5 days prior to the meeting date. Consistent with 16 U.S.C. 1852, a copy of the recording is available upon request. Authority: 16 U.S.C. 1801 et seq. Dated: May 29, 2020. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2020–11945 Filed 6–2–20; 8:45 am] BILLING CODE 3510–22–P 11 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). 12 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020). VerDate Sep<11>2014 18:35 Jun 02, 2020 Jkt 250001 34181 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; West Coast Region Highly Migratory Species Vessel Identification Requirements National Oceanic & Atmospheric Administration (NOAA), Commerce. ACTION: Notice of information collection, request for comment. AGENCY: The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB. DATES: To ensure consideration, comments regarding this proposed information collection must be received on or before August 3, 2020. ADDRESSES: Interested persons are invited to submit written comments to Adrienne Thomas, NOAA PRA Officer, at Adrienne.thomas@noaa.gov. Please reference OMB Control Number 0648– 0361 in the subject line of your comments. Do not submit Confidential Business Information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Requests for additional information or specific questions related to collection activities should be directed to Shannon Penna, National Marine Fisheries Service (NMFS), West Coast Region (WCR) Long Beach Office, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802, (562) 980–4238 or shannon.penna@noaa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Abstract The success of fisheries management programs depends significantly on tracking catch and effort of participants as well as their history of regulatory compliance. The vessel identification requirement is essential to facilitate these objectives. The ability to link fishing or other activity to the vessel owner or operator is crucial to enforcement of the regulations issued under the authority of the Magnuson- E:\FR\FM\03JNN1.SGM 03JNN1

Agencies

[Federal Register Volume 85, Number 107 (Wednesday, June 3, 2020)]
[Notices]
[Pages 34180-34181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11953]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-412-801]


Ball Bearings and Parts Thereof From the United Kingdom: Third 
Amended Final Results of Antidumping Duty Administrative Review 
Pursuant to Court Decision; 2010-2011

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

SUMMARY: On March 26, 2020, the United States Court of International 
Trade (CIT) sustained the October 2019 final results of redetermination 
pertaining to the administrative review of the antidumping duty order 
on ball bearings and parts thereof (ball bearings) from the United 
Kingdom covering the period May 1, 2010 through April 30, 2011. The 
Department of Commerce (Commerce) is, therefore, amending the final 
results with respect to Bayerische Motoren Werke AG (BMW).

DATES: Applicable June 3, 2020.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0410.

SUPPLEMENTARY INFORMATION: 

Background

    On January 27, 2015, Commerce published the Final Results in the 
above-referenced administrative review.\1\ Commerce selected the 
highest rate from the petition (254.25 percent) as the weighted-average 
dumping margin for BMW based on adverse facts available (AFA). BMW of 
North America LLC appealed the Final Results to the CIT, and on March 
2, 2017, the CIT remanded the Final Results.\2\ Specifically, the CIT 
remanded the Final Results directing that Commerce either: (1) Provide 
a new corroboration analysis for the selected petition rate that is 
consistent with Commerce's obligations and the Court's opinion; or (2) 
determine a new AFA rate consistent with Commerce's obligations and the 
Court's opinion.\3\
---------------------------------------------------------------------------

    \1\ See Ball Bearings and Parts Thereof from Japan and the 
United Kingdom: Final Results of Antidumping Duty Administrative 
Reviews; 2010-2011, 80 FR 4248 (January 27, 2015), amended in Ball 
Bearings and Parts Thereof from the United Kingdom: Amended Final 
Results of Antidumping Duty Administrative Review; 2010-2011, 80 FR 
9694 (February 24, 2015) (Final Results).
    \2\ See BMW of North America LLC v. United States, Court No. 15-
00052, Slip Op. 17-22 (CIT March 2, 2017) (First Remand).
    \3\ See First Remand at 12-17.
---------------------------------------------------------------------------

    On May 12, 2017, Commerce issued its final results of 
redetermination pursuant to remand, in accordance with the CIT's 
order.\4\ On remand, Commerce determined a new AFA rate of 126.44 
percent for BMW, consistent with the First Remand. On August 23, 2017, 
the CIT sustained Commerce's First Redetermination.\5\ On September 2, 
2017, Commerce published the Second Amended Final Results in the 
Federal Register.\6\
---------------------------------------------------------------------------

    \4\ See Results Of Remand Redetermination, BMW of North America 
LLC v. United States, Court No. 15-00052, Slip Op. 17-22, dated May 
12, 2017 (First Redetermination).
    \5\ See BMW of North America LLC v. United States, Slip Op. 17-
109, Consol. Court No. 15-00052 (CIT 2017).
    \6\ See Ball Bearings and Parts Thereof From the United Kingdom: 
Notice of Court Decision Not in Harmony With Amended Final Results 
and Notice of Second Amended Results of Antidumping Duty 
Administrative Review, 82 FR 42296 (September 2, 2017) (Second 
Amended Final Results).
---------------------------------------------------------------------------

    The CIT's ruling was appealed to the U.S. Court of Appeals for the 
Federal Circuit (CAFC). On appeal, the CAFC concluded that ``Commerce 
did not set forth its reasoning in sufficient detail to allow review of 
whether the selected AFA rate was unduly punitive'' and remanded the 
case.\7\ Based on the CAFC's decision, the CIT issued the Second Remand 
on July 3, 2019.\8\
---------------------------------------------------------------------------

    \7\ See BMW of North America LLC v. United States, 926 F.3d 
1291, 1293 and 1302 (CAFC May 9, 2019).
    \8\ See BMW of North America LLC v. United States, Court No. 15-
00052 Order at 1 (CIT July 3, 2019) (Second Remand).
---------------------------------------------------------------------------

    On October 1, 2019, Commerce issued its final results of 
redetermination in accordance with the Second Remand.\9\ On remand, 
Commerce determined a new AFA rate of 61.14 percent for BMW, consistent 
with the Second Remand. On March 26, 2020, the CIT sustained Commerce's 
Second Redetermination.\10\
---------------------------------------------------------------------------

    \9\ See Results Of Remand Redetermination, BMW of North America 
LLC v. United States, Court No. 2018-1109, dated October 1, 2019 
(Second Redetermination).
    \10\ See BMW of North America LLC v. United States, Slip Op. 20-
41, Consol. Court No. 15-00052 (CIT March 26, 2020).
---------------------------------------------------------------------------

Amended Final Results

    Because there is now a final court decision, Commerce is amending 
the Final Results with respect to BMW. The revised weighted-average 
dumping margin for BMW for the period May 1, 2010 through April 30, 
2011, is as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Bayerische Motoren Werke AG................................       61.14
------------------------------------------------------------------------

Liquidation and Assessment of Antidumping Duties

    In the event the CIT's ruling is not appealed, or if it is appealed 
and upheld by a final and conclusive court decision, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to assess antidumping 
duties at a rate equal to the weighted-average dumping margin listed 
above for all entries of subject merchandise during the period May 1, 
2010 through April 30, 2011, that were produced and/or exported by BMW.

[[Page 34181]]

Cash Deposit Requirements

    Because we revoked the antidumping duty order on ball bearings and 
parts thereof from the United Kingdom effective September 15, 2011, no 
cash deposits for estimated antidumping duties on future entries of 
subject merchandise are required.\11\
---------------------------------------------------------------------------

    \11\ 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. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until May 19, 2020, unless 
extended.\12\
---------------------------------------------------------------------------

    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020).

    Dated: March 31, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-11953 Filed 6-2-20; 8:45 am]
 BILLING CODE 3510-DS-P