80 FR 45506 - 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

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 146 (July 30, 2015)

On July 14, 2015, the United States Court of International Trade (CIT) 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\ ---------------------------------------------------------------------------

[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Notices]
[Pages 45506-45507]
From the Federal Register Online  [www.thefederalregister.org]
[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\
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    \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).
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    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\
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    \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.
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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\
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    \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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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