[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Notices]
[Pages 13828-13829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06137]


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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 and Notice of Amended Final Results of 
Antidumping Duty Administrative Review; 2004-2005

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On February 25, 2015, the United States Court of International 
Trade (CIT or Court) issued final judgment in JTEKT Corp. v. United 
States, Consol. Court No. 06-00250 (JTEKT Corp.), affirming the 
Department of Commerce's (the Department) final results of 
redetermination pursuant to remand.\1\
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    \1\ See Final Second Remand Redetermination, Consol. Court No. 
06-250, available at: http://enforcement.trade.gov/remands/14-13.pdf 
(Final Second 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, 
2004 through April 30, 2005, and is amending the final results with 
respect to Nachi-Fujikoshi Corporation and NTN Corporation.

DATES: Effective Date: March 7, 2015.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer, 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 July 14, 2006, the Department published AFBs 16.\2\ Nachi-
Fujikoshi Corporation (Nachi), NTN Corporation (NTN), and other parties 
appealed AFBs 16 to the CIT. On December 18, 2009, the CIT remanded 
AFBs 16 for the Department to, inter alia, (1) redetermine NTN's 
freight expenses using a method that is consistent with the 
Department's treatment of the freight expense of other respondents in 
the administrative review and (2) to redetermine the application of 
facts otherwise available for information that Nachi submitted on 
physical bearing characteristics.\3\ On May 17, 2010, the Department 
filed its results of redetermination pursuant to remand in accordance 
with the CIT's order.\4\
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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, 71 FR 40064 (July 14, 2006) (AFBs 16).
    \3\ See JTEKT Corporation v. United States, 675 F. Supp. 2d (CIT 
2009).
    \4\ See Final Results of Redetermination, JTEKT Corporation v. 
United States, Consol. Court No. 06-00250 (CIT December 18, 2009), 
dated May 17, 2010 (Final First Remand), available at: http://enforcement.trade.gov/remands/09-147.pdf.
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    On July 29, 2011, the CIT affirmed, in part, the Department's first 
remand, which resulted in a weighted-average dumping margin of 13.91 
percent for Nachi and a weighted-average dumping margin of 8.02 percent 
for NTN.\5\ The Court remanded issues regarding Nachi, NTN, and other 
respondent companies, relating to the Department's use of zeroing and 
model match methodology.\6\ On June 4, 2012, the Court stayed the 
proceedings pending the appeal of Union Steel v. United States, which 
concerned zeroing.\7\ After the Federal Circuit issued its opinion in 
Union Steel, the Court lifted the stay and ``relieve[d] Commerce of the 
directive concerning zeroing'' in JTEKT III but ``maintain[ed] the 
directive . . . as to the claim brought by NTN'' pertaining to the 
model match methodology.\8\ In Final Second Remand, the Department 
further explained its analysis of this issue but did not further 
recalculate the weighted-average dumping margins for any respondents in 
the litigation.\9\ The Court affirmed the Department's second

[[Page 13829]]

remand in its entirety on February 25, 2015, and entered judgment.\10\
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    \5\ See JTEKT Corp. v. United States, 780 F. Supp. 2d 1357 (CIT 
2011).
    \6\ Id.
    \7\ Union Steel v. United States, 713 F.3d 1101 (Fed. Cir. 
2013).
    \8\ See JTEKT Corp. v. United States, Consol. Court No. 06-
00250, slip op. 14-13 at 7 (CIT February 10, 2014) (JTEKT III).
    \9\ See Redetermination Pursuant to Remand, JTEKT Corporation v. 
United States, Consol. Court No. 06-00250 (CIT January 29, 2010 and 
February 10, 2014), dated May 17, 2010 (Final Second Remand).
    \10\ See JTEKT Corp. v. United States, Consol. Court No. 06-
00250, slip op. 15-18 (CIT February 25, 2015).
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, 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 February 25, 2015, judgment 
affirming the Final Second Remand constitutes a final decision of that 
court that is not in harmony with AFBs 16. This notice is published in 
fulfillment of the publication requirements of Timken.

Amended Final Results

    Because there is now a final court decision, the Department is 
amending AFBs 16 with respect to Nachi's and NTN's weighted-average 
dumping margins as redetermined in the Final First Remand. The revised 
weighted-average dumping margin for the period May 1, 2004, to April 
30, 2005, for Nachi is 13.91 percent. The revised weighted-average 
dumping margin for the period May 1, 2004, to April 30, 2005, for NTN 
is 8.02 percent.
    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. In the event the Court's ruling is not appealed, or if 
appealed and upheld by the Federal Circuit, the Department will 
instruct U.S. Customs and Border Protection (CBP) to assess antidumping 
duties on appropriate entries of the subject merchandise from NTN or 
Nachi using the revised assessment rates calculated by the Department 
in the Final First Remand.

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.\11\
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    \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).
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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: March 11, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-06137 Filed 3-16-15; 8:45 am]
 BILLING CODE 3510-DS-P