[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Notices]
[Pages 30856-30857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13217]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-394-A & 399-A (Second Review) (Third 
Remand)]


Ball Bearings From Japan and the United Kingdom

AGENCY: United States International Trade Commission.

ACTION: Notice of remand proceedings.

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SUMMARY: The U.S. International Trade Commission (``Commission'') 
hereby gives notice of its third remand proceedings with respect to its 
affirmative determinations in the five-year reviews of the antidumping 
orders on ball bearings from Japan and the United Kingdom. For further 
information concerning the conduct of this proceeding and rules of 
general application, consult the Commission's Rules of Practice and 
Procedure, part 201, subparts A through E (19 CFR part 201), and part 
207, subpart A (19 CFR part 207).

DATES: Effective Date: March 27, 2010.

FOR FURTHER INFORMATION CONTACT: James McClure, Office of 
Investigations, telephone 202-205-3191, or David Goldfine, Office of 
General Counsel, telephone 202-708-5452, U.S. International Trade 
Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired 
persons can obtain information on this matter by contacting the 
Commission's TDD terminal on 202-205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at 202-205-2000. 
General information concerning the Commission may also be obtained by 
accessing its Internet server (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION:
    Background.--On April 12, 2010, the Court of International Trade 
(per Judge Barzilay) issued an opinion in NSK Corp. et al. v. United 
States, Slip Op. 10-38 (``NSK IV''), affirming-in-part and remanding-
in-part the Commission's affirmative determination in Certain Bearings 
and Parts Thereof From Japan and the United Kingdom, Inv. Nos. 731-TA-
394-A & 399-A (Second Review) (Second Remand), USITC Pub. 4131 (Jan. 
2010).

[[Page 30857]]

    In NSK IV, the Court affirmed the Commission's vulnerability 
analysis, concluding that ``the Commission has provided the rational 
connection missing from its previous determinations, and [therefore] 
the court sustains the agency's vulnerability finding.'' Slip Op. at 
10-11. However, the Court remanded the issue of U.K. cumulation, 
concluding that the Commission had failed to ``demonstrate that some 
incentive likely would draw a discernible amount of the subject United 
Kingdom goods specifically to the United States in the absence of the 
order.'' Id. at 18. The Court further explained that it ``does not 
believe that the existing record, taken as a whole, can support an 
affirmative discernible adverse impact finding,'' and stated that the 
``Commission may reopen the record and obtain additional data on this 
issue in the next remand proceeding, if it so chooses.'' Id. at 16. 
Finally, on the issues of likely impact and causation, the Court stated 
that the Commission's analysis of the two remaining issues ``nearly 
resembles the kind of substantial evidence needed for the court to 
sustain an agency determination.'' Slip Op. at 18. Nevertheless, the 
Court directed the Commission on remand to address the issue of whether 
``non-subject imports may prevent the subject imports from achieving 
the requisite level of causation and, therefore, serve as an 
impenetrable barrier that precludes the agency from affirmatively 
finding injury in this sunset review.'' Id. at 17.
    Under the remand schedule ordered by the court, the Commission was 
required to file by May 12, 2010, a status report advising the Court as 
to whether it will reopen the record on the U.K. cumulation issue. The 
Court also directed the parties to file a joint scheduling order by May 
12, 2010.
    On May 12, 2010, the Commission filed the requested status report 
with the Court, advising the Court that it will not be reopening the 
record on the issue of the discernible adverse impact of the subject 
imports from the United Kingdom. On May 12, 2010, the parties also 
submitted a proposed joint scheduling order. Under the remand schedule 
ordered by the court, the Commission must file its third remand 
determination by August 25, 2010. The Court has directed the 
Plaintiffs, Plaintiff-Intervenors, and Defendant-Intervenors to file 
their comments on the remand by September 29, 2010.
    Participation in the proceeding.--Only those persons who were 
interested parties to the reviews (i.e., persons listed on the 
Commission Secretary's service list) and parties to the appeal may 
participate in the remand proceeding. Such persons need not make any 
additional filings with the Commission to participate in the remand 
proceeding, unless they are adding new individuals to the list of 
persons entitled to receive business proprietary information under 
administrative protective order. Business proprietary information 
(``BPI'') referred to during the remand proceeding will be governed, as 
appropriate, by the administrative protective order issued in the 
reviews.
    Written submissions.--The Commission is not re-opening the record 
in this remand proceeding. The Commission will permit the parties to 
file comments pertaining to the specific issues that are the subject of 
the Court's remand instructions. Comments should be limited to no more 
than fifteen (15) double-spaced and single-sided pages of textual 
material. No appendices or other attachments are allowed. The parties 
may not themselves submit any new factual information in their comments 
and may not address any issue other than those that are the subject of 
the Court's remand instructions. Any such comments must be filed with 
the Commission no later than June 15, 2010.
    All written submissions must conform with the provisions of section 
201.8 of the Commission's rules; any submissions that contain BPI must 
also conform with the requirements of sections 201.6, 207.3, and 207.7 
of the Commission's rules. The Commission's rules do not authorize 
filing of submissions with the Secretary by facsimile or electronic 
means, except to the extent permitted by section 201.8 of the 
Commission's rules, as amended, 67 FR 68036 (Nov. 8, 2002).
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigation must be 
served on all other parties to the investigation (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.
    Parties are also advised to consult with the Commission's Rules of 
Practice and Procedure, part 201, subparts A through E (19 CFR part 
201), and part 207, subpart A (19 CFR part 207) for provisions of 
general applicability concerning written submissions to the Commission.

    By order of the Commission.

    Issued: May 27, 2010.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. 2010-13217 Filed 6-1-10; 8:45 am]
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