[Federal Register Volume 75, Number 197 (Wednesday, October 13, 2010)]
[Notices]
[Page 62763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25781]
[[Page 62763]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-801]
Ball Bearings and Parts Thereof From Germany: Amended Final
Results of Antidumping Duty Administrative Review Pursuant to a Court
Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 7, 2010, the United States Court of International
Trade (CIT) sustained the Department of Commerce's (the Department)
results of redetermination on remand concerning the final results of
the administrative review of the antidumping duty order on ball
bearings and parts thereof from Germany. See SKF USA Inc. v. United
States, Slip Op. 10-76 (CIT 2010). The Department is amending the final
results of the administrative review of the antidumping duty order on
ball bearings and parts thereof from Germany covering the period of
review May 1, 2006, through April 30, 2007, to reflect the CIT's order.
DATES: Effective Date: October 13, 2010.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Richard Rimlinger,
AD/CVD Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3477 or (202) 482-4477.
SUPPLEMENTARY INFORMATION:
Background
On September 11, 2008, the Department published the final results
of the administrative reviews of the antidumping duty orders on ball
bearings and parts thereof from France, Germany, Italy, Japan, and the
United Kingdom for the period May 1, 2006, through April 30, 2007. See
Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and
the United Kingdom: Final Results of Antidumping Duty Administrative
Reviews and Rescission of Reviews in Part, 73 FR 52823 (September 11,
2008).
SKF USA Inc., SKF France S.A., SKF Aerospace France S.A.S., SKF
GmbH,\1\ and SKF Industrie S.p.A. filed a lawsuit challenging certain
aspects of the final results. On December 21, 2009, the CIT concluded
that the Department acted within its authority and according to law in
requesting cost-of-production (COP) data from SKF Germany's
unaffiliated suppliers. See SKF USA Inc. v. United States, 675 F. Supp.
2d 1264 (CIT 2009). The CIT also upheld the Department's decision to
reject the COP information submitted by SKF Germany's unaffiliated
supplier as untimely and to resort to facts otherwise available.
Specifically, the CIT stated that ``the Department has broad authority
to set, and extend, its deadlines for submission of requested
information, but on the uncontested facts of this case it acted within
its authority in deeming the COP data an untimely submission.'' Id. at
1272-74. The CIT held, however, that ``{the Department{time} acted
contrary to law in drawing an inference adverse for SKF {Germany{time}
upon the failure of the unaffiliated supplier to make a timely
submission of the requested COP data'' without a finding that SKF
Germany had failed to act to the best of its ability. Id. at 1268.
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\1\ The CIT refers to the German company as ``SKF GmbH'' in its
decision. The Department refers to the company as ``SKF Germany'' in
its determination and in this notice.
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In its remand order, the CIT directed the Department to recalculate
SKF Germany's margin after redetermining the value of the subject
merchandise SKF Germany obtained from the unaffiliated supplier using
information that is not adverse to SKF Germany. Id. at 1278. In
accordance with the CIT's remand order, the Department filed its
redetermination on remand of the final results (remand results) on
March 16, 2010, in which the Department recalculated the margin for SKF
Germany without use of an adverse inference. On July 7, 2010, the CIT
affirmed the Department's remand results. See SKF USA Inc. v. United
States, Slip Op. 10-76 (CIT 2010).
Amended Final Results of the Review
Based on the remand results, the amended weighted-average margin
for SKF Germany for the period May 1, 2006, through April 30, 2007, is
1.97 percent.
Assessment of Duties
The Department has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by these amended final results. The Department intends
to issue liquidation instructions to CBP 15 days after publication of
these amended final results in the Federal Register.
Notifications
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO as explained in the APO itself. See 19 CFR 351.305(a)(3). Timely
written notification of the destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and terms of an APO is a sanctionable violation.
We are issuing and publishing these amended final results of
administrative review in accordance with sections 751(a)(1) and 777(i)
of the Tariff Act of 1930, as amended.
Dated: October 6, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-25781 Filed 10-12-10; 8:45 am]
BILLING CODE 3510-DS-P