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)
International Trade Administration
Federal Register Volume 80, Issue 146 (July 30, 2015)
| Page Range | 45506-45507 | |
| FR Document | 2015-18732 |
[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] ----------------------------------------------------------------------- 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
![45506 Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Notices
• Individual business owners to government programs designed to public comment (80 FR 18807, 04–08–
analyze their operations in comparison promote the activities of disadvantaged 2015). The FTZ Board has determined
to similar firms, compute their market groups. that no further review of the activity is
share, and assess their growth and The SBA and the MBDA will use the warranted at this time. The production
future prospects. data to allocate resources for their activity described in the notification is
• Researchers and businesses to business assistance programs. authorized, subject to the FTZ Act and
understand the innovation and research The data will also be widely used by the Board’s regulations, including
and development activities conducted private firms and individuals to Section 400.14.
by entrepreneurs. evaluate their own businesses and Dated: July 24, 2015.
• Federal agencies to assess the markets. Additionally, the data will be
competitiveness of businesses by Andrew McGilvray,
used by entrepreneurs to write business
ownership characteristics. Executive Secretary.
plans and loan application letters, by
• Data users to understand time-series the media for news stories, by [FR Doc. 2015–18729 Filed 7–29–15; 8:45 am]
data in certain industries for researchers and academia for BILLING CODE 3510–DS–P
entrepreneurs. determining firm characteristics, and by
• Business owners or perspective the legal profession in evaluating the
business owners to gain knowledge DEPARTMENT OF COMMERCE
concentration of minority businesses in
about the funding of businesses. particular industries and/or geographic
Businesses which reported any Foreign-Trade Zones Board
areas.
business activity on any one of the [B–20–2015]
Affected Public: Business or other for-
following Internal Revenue Service
(IRS) tax forms will be eligible for profit; Not-for-profit institutions.
Frequency: Annually. Authorization of Production Activity,
survey selection: 1040 (Schedule C), Foreign-Trade Zone 50, Mercedes Benz
‘‘Profit or Loss from Business’’ (Sole Respondent’s Obligation: Mandatory.
Legal Authority: Title 13 U.S.C., USA, LLC (Accessorizing Passenger
Proprietorship); 1065, ‘‘U.S. Return of Motor Vehicles), Long Beach,
Partnership Income’’; 941, ‘‘Employer’s Sections 8(b), 131, and 182; and
Executive Order 11625, Section 1(a)(3). California
Quarterly Federal Tax Return’’; 944
‘‘Employer’s Annual Federal Tax This information collection request On March 24, 2015, the Port of Long
Return’’; or any one of the 1120 may be viewed at www.reginfo.gov. Beach, grantee of FTZ 50, submitted a
corporate tax forms. Current plans will Follow the instructions to view notification of proposed production
only request responses from businesses Department of Commerce collections activity to the Foreign-Trade Zones
filing the 941, 944, or 1120 tax forms. currently under review by OMB. (FTZ) Board on behalf of Mercedes Benz
Estimates for businesses filing the 1040 Written comments and USA, LLC, within FTZ 50, in Long
or 1065 tax returns will be created using recommendations for the proposed Beach, California.
statistical modeling of administrative information collection should be sent The notification was processed in
data and will only provide data by within 30 days of publication of this accordance with the regulations of the
gender, ethnicity, race, and veteran notice to OIRA_Submission@ FTZ Board (15 CFR part 400), including
status by geography, industry, and size omb.eop.gov or fax to (202) 395–5806. notice in the Federal Register inviting
of firm. Dated: July 27, 2015. public comment (80 FR 19958, 4–14–
The 2014 ASE collection is electronic Glenna Mickelson,
2015). The FTZ Board has determined
only. An initial letter that informs the that no further review of the activity is
Management Analyst, Office of the Chief
respondents of their requirement to Information Officer.
warranted at this time. The production
complete the survey and provides activity described in the notification is
[FR Doc. 2015–18667 Filed 7–29–15; 8:45 am]
survey access instructions will be authorized, subject to the FTZ Act and
BILLING CODE 3510–07–P
mailed from the Census Bureau’s the FTZ Board’s regulations, including
processing headquarters in Section 400.14.
Jeffersonville, Indiana. There will be DEPARTMENT OF COMMERCE Dated: July 24, 2015.
290,000 letters mailed to employer Andrew McGilvray,
businesses that were in business during Foreign-Trade Zones Board Executive Secretary.
2014. Initial mailout will occur in [FR Doc. 2015–18728 Filed 7–29–15; 8:45 am]
[B–18–2015]
September 2015, with a due date of BILLING CODE 3510–DS–P
November 4, 2015. There will be two Foreign-Trade Zone (FTZ) 202—Los
follow-up letter mailings to Angeles, California; Authorization of
nonrespondents after the due date. Production Activity; syncreon DEPARTMENT OF COMMERCE
Closeout of mail operations is scheduled Logistics (USA), LLC; (Camera and
for January 2016. Upon the close of the Accessories Kitting) Torrance, International Trade Administration
collection period, the response data will California [A–588–804]
be processed, edited, reviewed,
tabulated, and released publically. On March 27, 2015, syncreon Ball Bearings and Parts Thereof From
The survey will collect data on the Logistics (USA), LLC (syncreon) Japan: Notice of Court Decision Not in
gender, ethnicity, race, and veteran submitted a notification of proposed Harmony With the Final Results of
status for up to four persons owning the production activity, on behalf of GoPro, Antidumping Duty Administrative
Lhorne on DSK7TPTVN1PROD with NOTICES
majority of rights, equity, or interest in Inc., to the Foreign-Trade Zones (FTZ) Review; 2008–2009
the business. These data are needed to Board for its facility within FTZ 202—
evaluate the extent and growth of Site 43, in Torrance, California. AGENCY: Enforcement and Compliance,
business ownership by women, The notification was processed in International Trade Administration,
minorities, and veterans in order to accordance with the regulations of the Department of Commerce.
provide a framework for assessing and FTZ Board (15 CFR part 400), including SUMMARY: On July 14, 2015, the United
directing federal, state, and local notice in the Federal Register inviting States Court of International Trade (CIT)
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![Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Notices 45507
issued final judgment in NTN Bearing noting that The Timken Company had Notification to Interested Parties
Corporation of America v. United commented on the draft remand This notice is issued and published in
States, Court No. 10–00286, Slip Op. redetermination.5 The CIT granted the accordance with sections 516A(e)(1),
15–76 (CIT July 14, 2015), affirming the Department’s leave request on May 5, 751(a)(1), and 777(i)(1) of the Act.
Department of Commerce’s (the 2015.6 On May 7 2015, the Department
Department) amended final results of Dated: July 24, 2015.
filed its amended final results of
redetermination pursuant to remand.1 redetermination.7 The changes to the Paul Piquado,
Consistent with the decision of the Department’s calculations with respect Assistant Secretary for Enforcement and
United States Court of Appeals for the Compliance.
to NTN did not result in a change in the
Federal Circuit (CAFC) in Timken Co. v. weighted-average dumping margin.8 [FR Doc. 2015–18732 Filed 7–29–15; 8:45 am]
United States, 893 F.2d 337 (Fed. Cir. The CIT affirmed the Department’s BILLING CODE 3510–DS–P
1990) (Timken), as clarified by Diamond Amended Final Remand on July 14,
Sawblades Mfrs. Coalition v. United 2015, and entered judgment.9
States, 626 F.3d 1374 (Fed. Cir. 2010) DEPARTMENT OF COMMERCE
(Diamond Sawblades), the Department Timken Notice
is notifying the public that the final National Institute of Standards and
judgment in this case is not in harmony In its decision in Timken, as clarified Technology
with the Department’s final results of by Diamond Sawblades, the CAFC held
the administrative review of the that, pursuant to section 516A(e) of the Proposed Information Collection;
antidumping duty order on ball bearings Tariff Act of 1930, as amended (the Act), Comment Request; Community
and parts thereof from Japan covering the Department must publish a notice of Resilience Panel
the period May 1, 2008 through April a court decision that is not ‘‘in AGENCY: National Institute of Standards
30, 2009. harmony’’ with a Department and Technology, Department of
DATES: Effective Date: July 24, 2015. determination and must suspend Commerce.
FOR FURTHER INFORMATION CONTACT: liquidation of entries pending a ACTION: Notice.
Thomas Schauer, AD/CVD Office I, ‘‘conclusive’’ court decision. The CIT’s
Enforcement and Compliance, July 14, 2015, judgment affirming the SUMMARY: The Department of
International Trade Administration, Amended Final Remand constitutes a Commerce, as part of its continuing
U.S. Department of Commerce, 14th final decision of the CIT that is not in effort to reduce paperwork and
Street and Constitution Avenue NW., harmony with AFBs 20. This notice is respondent burden, invites the general
Washington, DC 20230; telephone: (202) published in fulfillment of the public and other Federal agencies to
482–0410. publication requirements of Timken. take this opportunity to comment on
SUPPLEMENTARY INFORMATION: proposed and/or continuing information
Continuation of Suspension of collections, as required by the
Background Liquidation Paperwork Reduction Act of 1995.
On September 1, 2010, the The Department will continue the DATES: Written comments must be
Department published AFBs 20.2 NTN suspension of liquidation of the subject submitted on or before September 28,
Corporation (NTN) and other parties merchandise pending the expiration of 2015.
appealed AFBs 20 to the CIT. On the period of appeal or, if appealed, ADDRESSES: Direct all written comments
February 3, 2015, the CIT remanded pending a final and conclusive court to Jennifer Jessup, Departmental
AFBs 20 and ordered the Department to decision. In the event the CIT’s ruling is Paperwork Clearance Officer,
revise its calculation of NTN’s U.S. not appealed, or if appealed and upheld Department of Commerce, Room 6616,
credit expenses to use the correct by the CAFC, the Department will 14th and Constitution Avenue NW.,
variable and recalculate the weighted- instruct U.S. Customs and Border Washington, DC 20230 (or via the
average dumping margin for NTN.3 On Internet at JJessup@doc.gov).
Protection (CBP) to assess antidumping
May 4, 2015, the Department filed its
duties on appropriate entries of the FOR FURTHER INFORMATION CONTACT:
final results of redetermination pursuant
subject merchandise using the rate Requests for additional information or
to remand in accordance with the CIT’s
calculated by the Department in AFBs copies of the information collection
order,4 but on the same day the
20. instrument and instructions should be
Department sought leave to file an
directed to Nancy McNabb, Community
amended remand redetermination, Cash Deposit Requirements
Resilience Program, National Institute of
1 See Amended Final Results of Remand Because we revoked the antidumping Standards and Technology, 100 Bureau
Redetermination pursuant to NTN Bearing duty order on ball bearings and parts Drive MS8615, 301–975–3777 or
Corporation of America v. United States, Court No. thereof from Japan, effective September resilience@nist.gov.
10–00286, Slip Op. 15–12 (CIT February 3, 2015), SUPPLEMENTARY INFORMATION:
dated May 6, 2015, and filed with the CIT on May 15, 2011, no cash deposits for estimated
7, 2015 (Amended Final Remand). antidumping duties on future entries of I. Abstract
2 See Ball Bearings and Parts Thereof From subject merchandise will be required.10
France, Germany, Italy, Japan, and the United The Community Resilience Panel for
Kingdom: Final Results of Antidumping Duty 5 See NTN Bearing Corporation of America v.
Buildings and Infrastructure Systems
Administrative Reviews, Final Results of Changed- (Panel) is an organization that will
Circumstances Review, and Revocation of an Order United States, Court No. 10–00286, Slip Op. 15–76
in Part, 75 FR 53661 (September 1, 2010) (AFBs 20). (CIT July 14, 2015) (NTN Bearing II) at 1 n.1. engage a diverse group of stakeholders
Lhorne on DSK7TPTVN1PROD with NOTICES
3 See NTN Bearing Corporation of America v.
6 Id.
around goals and actions needed to
7 See Amended Final Remand.
United States, Court No. 10–00286, Slip Op. 15–12 achieve community resilience and to
8 Id.
(CIT February 3, 2015) at 21. derive benefits from improved buildings
4 See Final Results of Remand Redetermination 9 See NTN Bearing II.
and infrastructure.
pursuant to NTN Bearing Corporation of America 10 See Ball Bearings and Parts Thereof From
v. United States, Court No. 10–00286, Slip Op. 15– Japan and the United Kingdom: Final Results of
The mission of the Panel is to
12 (CIT February 3, 2015), dated April 13, 2015, and Sunset Reviews and Revocation of Antidumping promote collaboration among
filed with the CIT on May 4, 2015. Duty Orders, 79 FR 16771 (March 26, 2014). stakeholders who strive to strengthen
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Document Created: 2018-02-23 09:30:09
Document Modified: 2018-02-23 09:30:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective Date: July 24, 2015. | |
| 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. | |
| FR Citation | 80 FR 45506 |
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