[Federal Register: December 3, 2007 (Volume 72, Number 231)]
[Notices]
[Page 67892-67893]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03de07-35]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-804]
Antifriction Bearings (Other Than Tapered Roller Bearings) and
Parts Thereof from Japan: Amended Final Results of Antidumping Duty
Administrative Review Pursuant to Final Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The United States Court of International Trade (CIT) sustained
the remand determination of the Department of Commerce (the Department)
in the administrative reviews of the antidumping duty orders on
antifriction bearings (other than tapered roller bearings) and parts
thereof from Japan covering the period May 1, 1999, through April 30,
2000, for ball bearings and the period May 1, 1999, through December
31, 1999, for cylindrical roller bearings and spherical plain bearings.
Although certain aspects of the Department's final results were
appealed to the United States Court of Appeals for the Federal Circuit
(CAFC), the remand results were not among them. On October 29, 2007,
the Supreme Court denied a petition for certiorari in this case. As
there is now a final court decision in this case, we are amending the
final results of the review in this matter. We will instruct U.S.
Customs and Border Protection (CBP) to liquidate entries subject to
these amended final results.
EFFECTIVE DATE: December 3, 2007.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Richard Rimlinger,
AD/CVD Operations, Office 5, Import Administration, U.S. Department of
Commerce, 14\th\ Street and Constitution Avenue, NW, Washington, DC
20230; telephone: (202) 482-0410 and (202) 482-4477, respectively.
SUPPLEMENTAL INFORMATION:
Background
On July 12, 2001, the Department published the final results of
administrative reviews of the antidumping duty orders on antifriction
bearings (other than tapered roller bearings) and parts thereof from
Japan for the period of review from May 1, 1999, through April 30,
2000, for ball bearings and the period May 1, 1999, through December
31, 1999, for cylindrical roller bearings and spherical plain bearings.
See Antifriction Bearings (Other Than Tapered Roller Bearings) and
Parts Thereof From France, Germany, Italy, Japan, Sweden, and the
United Kingdom; Final Results of Antidumping Duty Administrative
Reviews and Revocation of Orders in Part, 66 FR 36551 (July 12, 2001)
(AFBs 11). NTN Corporation, NTN-BCA Corporation, NTN Bower Corporation,
NTN Driveshaft Inc., American NTN Bearing Manufacturing Corp., and NTN
Bearing Corporation of America (hereafter ``NTN'') filed a lawsuit
challenging the final results.\1\ On August 10, 2004, the CIT remanded
AFBs 11 to the Department to explain why it did not exclude NTN's sales
of CT scan bearings from its calculation of NTN's margin and assessment
rate with respect to ball bearings and parts thereof from Japan. See
SNR Roulements v. United States, 341 F. Supp. 2d 1334 (CIT 2004). In
accordance with the CIT's remand order in SNR Roulements v. United
States, 341 F. Supp. 2d 1334, the Department filed its remand results
on October 29, 2004. In those remand results, the Department excluded
NTN's sales of CT scan bearings from its calculation of NTN's margin
and assessment rate with regard to ball bearings and parts thereof from
Japan.
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\1\ SNR Roulements, INA-Schaeffler KG, INA USA Corporation, Koyo
Seiko Co., Ltd. and Koyo Corporation of U.S.A. (collectively
``Koyo''), NSK Corporation, NSK Bearings Europe, Ltd., and NSK Ltd.
were also parties to the litigation but our margin calculations for
these companies were not affected by the litigation. Therefore,
there are no amended final results of reviews to publish.
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On January 27, 2005, the CIT sustained the Department's final
results of remand redetermination in their entirety. See SNR Roulements
v. United States, Consol. Ct. No. 01-00686, Slip Op. 05-12 (CIT January
27, 2005). Subsequently, the CAFC affirmed all of the Department's
determinations raised on appeal. See SNR Roulements v. United States,
05-1297, 05-1323, 2006 U.S. App. LEXIS 31200 (CAFC December 8, 2006).
The CAFC also denied a petition for rehearing of this case. See SNR
Roulements v. United States, 05-1297, 05-1323, 2007 U.S. App. LEXIS
4456 (CAFC February 6, 2007). On April 27, 2007, Koyo and NTN submitted
an application to the Chief Justice of the United States Supreme Court
for an extension of time to file a petition for a writ of certiorari.
The Chief Justice granted the extension to file until June 6, 2007. NTN
and Koyo filed their petition for a writ of certiorari on June 6, 2007.
The Supreme Court denied the same on October 29, 2007. Therefore, there
is now a final and conclusive court decision.
Amendment to Final Results
We are now amending the final results of this review of the
antidumping duty order on ball bearings and parts thereof from Japan.
The changes to our calculations with respect to NTN resulted in a
change in the weighted-average margin for ball bearings from 9.16
percent to 8.98 percent for the period of review. There are no changes
in the margins for cylindrical roller bearings and spherical plain
bearings as a result of the litigation. The Department will instruct
CBP to liquidate entries of the ball bearings, cylindrical roller
bearings, and
[[Page 67893]]
spherical plain bearings from Japan during the review period at the
assessment rates the Department calculated for the final results of
reviews as amended. We intend to issue the assessment instructions to
CBP 15 days after the date of publication of these amended final
results of review.
We are issuing and publishing these amended final results of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act
of 1930, as amended.
Dated: November 27, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-23402 Filed 11-30-07; 8:45 am]
BILLING CODE 3510-DS-S