82 FR 42296 - 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

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 172 (September 7, 2017)

Page Range		42296-42296
FR Document		2017-18978

On August 23, 2017, the United States Court of International Trade (CIT) entered final judgment sustaining the final results of remand redetermination pursuant to court order by the Department of Commerce (Department) pertaining to the antidumping duty administrative review of the order on ball bearings and parts thereof (ball bearings) from the United Kingdom for the period May 1, 2010, through April 30, 2011. The Department is notifying the public that the final judgment in this case is not in harmony with the Department's final results, as amended, in the administrative review of ball bearings from the United Kingdom.

Federal Register, Volume 82 Issue 172 (Thursday, September 7, 2017)

[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Page 42296]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18978]



[[Page 42296]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-412-801]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 23, 2017, the United States Court of International 
Trade (CIT) entered final judgment sustaining the final results of 
remand redetermination pursuant to court order by the Department of 
Commerce (Department) pertaining to the antidumping duty administrative 
review of the order on ball bearings and parts thereof (ball bearings) 
from the United Kingdom for the period May 1, 2010, through April 30, 
2011. The Department is notifying the public that the final judgment in 
this case is not in harmony with the Department's final results, as 
amended, in the administrative review of ball bearings from the United 
Kingdom.

DATES: September 2, 2017.

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, the Department published the Final Results in 
the above-referenced administrative review.\1\ The Department selected 
the highest rate from the petition (254.25 percent) as the dumping 
margin for Bayerische Motoren Werke AG (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 the 
Department either: (1) Provide a new corroboration analysis for the 
selected petition rate that is consistent with the Department's 
obligations and the Court's opinion; or (2) determine a new AFA rate 
consistent with the Department's obligations and the Court's 
opinion.\3\
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    \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); as amended, 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) (collectively, Final Results).
    \2\ See BMW of North America LLC v. United States, Court No. 15-
00052, Slip Op. 17-22 (CIT March 2, 2017) (Remand Order).
    \3\ See Remand Order at 12-17.
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    On May 12, 2017, the Department issued its final results of 
redetermination pursuant to remand.\4\ On remand, the Department 
determined a new AFA rate of 126.44 percent for BMW, consistent with 
the Remand Order. On August 23, 2017, the CIT sustained the 
Department's Final Redetermination.\5\
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    \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 (Final Redetermination).
    \5\ See BMW of North America LLC v. United States, Court No. 15-
00052, Slip Op. 17-109 (CIT August 23, 2017).
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Timken Notice

    In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\ 
the Court of Appeals for the Federal Circuit held that, pursuant to 
section 516A(c) of the Tariff Act of 1930, as amended (the Act), the 
Department must publish a notice of 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 August 
23, 2017, judgment constitutes a final decision of that court that is 
not in harmony with the Department's Final Results. This notice is 
published in fulfillment of the publication requirements of Timken. 
Accordingly, 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.
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    \6\ See Timken Co. v. United States, 893 F.2d. 337 (Fed. Cir. 
1990) (Timken).
    \7\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d. 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Second Amended Final Results

    Because there is now a final court decision, the Department 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................................      126.44
------------------------------------------------------------------------

    In the event the Court's ruling is not appealed, or if it is 
appealed and upheld by a final and conclusive court decision, the 
Department will instruct U.S. Customs and Border Protection to assess 
antidumping duties at a rate equal to the weighted-average dumping 
margin listed above to all entries of subject merchandise produced and/
or exported by BMW.

Cash Deposit Requirements

    On March 26, 2014, the Department revoked the antidumping duty 
order on ball bearings and parts thereof from the United Kingdom, 
effective as of September 15, 2011.\8\ Therefore, no cash deposit 
requirements will be imposed as a result of these second amended final 
results.
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    \8\ 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: August 30, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-18978 Filed 9-6-17; 8:45 am]
 BILLING CODE 3510-DS-P

42296 Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices

DEPARTMENT OF COMMERCE remanded the Final Results, directing Weighted-
that the Department either: (1) Provide average
International Trade Administration a new corroboration analysis for the Exporter or producer dumping
margin
[A–412–801] selected petition rate that is consistent (percent)
with the Department’s obligations and
Ball Bearings and Parts Thereof From the Court’s opinion; or (2) determine a Bayerische Motoren Werke AG .. 126.44
the United Kingdom: Notice of Court new AFA rate consistent with the
Decision Not in Harmony With Department’s obligations and the In the event the Court’s ruling is not
Amended Final Results and Notice of Court’s opinion.3 appealed, or if it is appealed and upheld
Second Amended Results of by a final and conclusive court decision,
On May 12, 2017, the Department the Department will instruct U.S.
Antidumping Duty Administrative
issued its final results of Customs and Border Protection to assess
Review
redetermination pursuant to remand.4 antidumping duties at a rate equal to the
AGENCY: Enforcement and Compliance, On remand, the Department determined weighted-average dumping margin
International Trade Administration, a new AFA rate of 126.44 percent for listed above to all entries of subject
Department of Commerce. BMW, consistent with the Remand merchandise produced and/or exported
SUMMARY: On August 23, 2017, the Order. On August 23, 2017, the CIT by BMW.
United States Court of International sustained the Department’s Final
Trade (CIT) entered final judgment Redetermination.5 Cash Deposit Requirements
sustaining the final results of remand On March 26, 2014, the Department
redetermination pursuant to court order Timken Notice revoked the antidumping duty order on
by the Department of Commerce ball bearings and parts thereof from the
(Department) pertaining to the In its decision in Timken,6 as clarified
by Diamond Sawblades,7 the Court of United Kingdom, effective as of
antidumping duty administrative review September 15, 2011.8 Therefore, no cash
of the order on ball bearings and parts Appeals for the Federal Circuit held
that, pursuant to section 516A(c) of the deposit requirements will be imposed as
thereof (ball bearings) from the United a result of these second amended final
Kingdom for the period May 1, 2010, Tariff Act of 1930, as amended (the Act),
results.
through April 30, 2011. The Department the Department must publish a notice of
is notifying the public that the final court decision that is not ‘‘in harmony’’ Notification to Interested Parties
judgment in this case is not in harmony with a Department determination and This notice is issued and published in
with the Department’s final results, as must suspend liquidation of entries accordance with sections 516A(e)(1),
amended, in the administrative review pending a ‘‘conclusive’’ court decision. 751(a)(1) and 777(i)(1) of the Act.
of ball bearings from the United The CIT’s August 23, 2017, judgment
Dated: August 30, 2017.
Kingdom. constitutes a final decision of that court
Gary Taverman,
DATES: September 2, 2017. that is not in harmony with the
Deputy Assistant Secretary for Antidumping
Department’s Final Results. This notice
FOR FURTHER INFORMATION CONTACT: and Countervailing Duty Operations,
Thomas Schauer, AD/CVD Operations, is published in fulfillment of the performing the non-exclusive functions and
Office I, Enforcement and Compliance, publication requirements of Timken. duties of the Assistant Secretary for
International Trade Administration, Accordingly, the Department will Enforcement and Compliance.
U.S. Department of Commerce, 1401 continue the suspension of liquidation [FR Doc. 2017–18978 Filed 9–6–17; 8:45 am]
Constitution Avenue NW., Washington, of the subject merchandise pending the BILLING CODE 3510–DS–P
DC 20230; telephone: (202) 482–0410. expiration of the period of appeal, or if
SUPPLEMENTARY INFORMATION:
appealed, pending a final and
conclusive court decision. DEPARTMENT OF COMMERCE
Background
Second Amended Final Results International Trade Administration
On January 27, 2015, the Department
published the Final Results in the Because there is now a final court [C–570–953]
above-referenced administrative decision, the Department is amending
review.1 The Department selected the Narrow Woven Ribbons With Woven
the Final Results with respect to BMW.
highest rate from the petition (254.25 Selvedge From the People’s Republic
The revised weighted-average dumping
percent) as the dumping margin for of China: Preliminary Results of
margin for BMW for the period May 1, Countervailing Duty Administrative
Bayerische Motoren Werke AG (BMW), 2010, through April 30, 2011, is as
based on adverse facts available (AFA). Review; 2015
follows:
BMW of North America LLC appealed AGENCY: Enforcement and Compliance,
the Final Results to the CIT, and on International Trade Administration,
March 2, 2017, the CIT remanded the Department of Commerce.
Final Results.2 Specifically, the CIT 3 See Remand Order at 12–17.
4 See SUMMARY: The Department of Commerce
Results Of Remand Redetermination, BMW
1 See Ball Bearings and Parts Thereof from Japan of North America LLC v. United States, Court No. (the Department) preliminarily
and the United Kingdom: Final Results of 15–00052, Slip Op. 17–22, dated May 12, 2017 determines that countervailable
Antidumping Duty Administrative Reviews; 2010– (Final Redetermination). subsidies have been provided to
mstockstill on DSK30JT082PROD with NOTICES

2011, 80 FR 4248 (January 27, 2015); as amended, 5 See BMW of North America LLC v. United producers and exporters of narrow
Ball Bearings and Parts Thereof from the United States, Court No. 15–00052, Slip Op. 17–109 (CIT woven ribbons with woven selvedge
Kingdom: Amended Final Results of Antidumping August 23, 2017).
Duty Administrative Review; 2010–2011, 80 FR from the People’s Republic of China
6 See Timken Co. v. United States, 893 F.2d. 337
9694 (February 24, 2015) (collectively, Final
Results). (Fed. Cir. 1990) (Timken). 8 See Ball Bearings and Parts Thereof from Japan
2 See BMW of North America LLC v. United 7 See Diamond Sawblades Mfrs. Coalition v.
and the United Kingdom: Final Results of Sunset
States, Court No. 15–00052, Slip Op. 17–22 (CIT United States, 626 F.3d. 1374 (Fed. Cir. 2010) Reviews and Revocation of Antidumping Duty
March 2, 2017) (Remand Order). (Diamond Sawblades). Orders, 79 FR 16771 (March 26, 2014).

VerDate Sep<11>2014 17:42 Sep 06, 2017 Jkt 241001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\07SEN1.SGM 07SEN1

Document Created: 2017-09-07 02:02:02
Document Modified: 2017-09-07 02:02:02

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		September 2, 2017.
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.
FR Citation		82 FR 42296

82 FR 42296 - 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

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 82, Issue 172 (September 7, 2017)

DEPARTMENT OF COMMERCE
International Trade Administration