Federal Register / Vol. 70, No.
192 / Wednesday, October 5, 2005 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
A–588–804
Antifriction Bearings (Other Than
Tapered Roller Bearings) and Parts
Thereof from Japan: Amended Final
Results of Antidumping Duty
Administrative Reviews
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 27, 2005, the United
States Court of International Trade (CIT)
affirmed the Department of Commerce’s
(the Department’s) redetermination on
remand of the final results of the
antidumping duty administrative
reviews on antifriction bearings (other
than tapered roller bearings) and parts
thereof from Japan. See NSK Ltd. v.
United States, Consol. Court No. 98–07–
02527, slip op 05–77 (CIT 2005). The
Department is now issuing these
amended final results reflecting the
court’s decision.
EFFECTIVE DATE: October 5, 2005.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun or Richard Rimlinger,
AD/CVD Operations, Office 5, Import
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–5760 or (202) 482–
4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 18, 1998, the Department
published the final results of
administrative reviews of the
antidumping duty orders on antifriction
bearings (other than tapered roller
bearings) and parts thereof from Japan
for the period May 1, 1996, through
April 30, 1997. See Antifriction Bearings
(Other Than Tapered Roller Bearings)
and Parts Thereof from France, et al.;
Final Results of Antidumping Duty
Administrative Reviews, 63 FR 33320
(June 18, 1998). NSK Ltd. and NSK
Corporation (hereafter ‘‘NSK’’) filed a
lawsuit challenging the final results. On
July 8, 2002, the CIT affirmed the
Department’s decision to classify NSK’s
repacking expenses as a selling expense
under section 772(d)(1)(B) of the Tariff
Act of 1930, as amended (the Act). See
NSK Ltd. v. United States, 217 F. Supp.
2d 1291 (CIT 2002).
NSK appealed the CIT’s judgment to
the United States Court of Appeals for
the Federal Circuit (CAFC). The CAFC
vacated and remanded the Department’s
decision to classify NSK’s repacking
expenses as selling expenses and not
VerDate Aug<31>2005 16:46 Oct 04, 2005 Jkt 208001
58185
movement expenses under section
772(d)(1)(B) of the Act. On February 18,
2005, pursuant to the CAFC’s decision,
the CIT remanded this case to the
Department to revisit its classification of
U.S. repacking expenses as selling
expenses and provide an explanation for
the inconsistent treatment of U.S.
repacking expense, U.S. warehousing
expense, and U.S. expense for shipping
from warehouse to customer. See NSK
Ltd. v. United States, Consol. Court No.
98–07–02527, slip op. 05–26 (CIT 2005).
In accordance with the CIT’s remand
order in NSK Ltd., slip op. 05–26, the
Department filed its remand results on
May 18, 2005. In those remand results,
the Department reclassified repacking
expenses as movement expenses and
recalculated NSK’s margins accordingly.
On June 27, 2005, the CIT affirmed
the Department’s final results of remand
redetermination in their entirety. See
NSK Ltd., slip op 05–77. On July 14,
2005, the Department published
Antifriction Bearings (Other Than
Tapered Roller Bearings) and Parts
Thereof from Japan: Notice of Court
Decision Not in Harmony, 70 FR 40688
(July 14, 2005). There was no appeal of
the CIT’s decision to the CAFC within
the appeal period. Therefore, the CIT’s
decision is now final and conclusive.
Amendment to Final Results
We are now amending the final
results of these reviews to reflect the
final and conclusive decision of the
court. The changes to our calculations
with respect to NSK resulted in a
change in the weighted–average margin
for ball bearings from 2.35 percent to
2.34 percent and a change in the
weighted–average margin for cylindrical
roller bearings from 2.21 percent to 2.19
percent for the period of review. The
Department will instruct U.S. Customs
and Border Protection to liquidate
entries of the ball bearings and
cylindrical roller bearings from Japan
produced by, exported to, or imported
into the United States by NSK during
the review period at the assessment
rates the Department calculated for
these amended final results of reviews.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: September 29, 2005.
Barbara E. Tillman,
Acting Assistant Secretaryfor Import
Administration.
[FR Doc. E5–5460 Filed 10–4–05; 8:45 am]
BILLING CODE 3510–DS–S
PO 00000 Frm 00007 Fmt 4703 Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
(A–570–836)
Glycine from the People’s Republic of
China; Final Results of the Expedited
Sunset Review of the Antidumping
Duty Order
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 1, 2005, the
Department of Commerce (‘‘the
Department’’) initiated a sunset review
of the antidumping duty order on
glycine from the People’s Republic of
China pursuant to section 751(c) of the
Tariff Act of 1930, as amended (‘‘the
Act’’). See Initiation of Five-year
(Sunset) Reviews, 70 FR 31423 (June 1,
2005). On the basis of a notice of intent
to participate and an adequate
substantive response filed on behalf of
the domestic interested parties and
inadequate response from respondent
interested parties (in this case, no
response), the Department conducted an
expedited sunset review of the
antidumping duty order pursuant to
section 751(c)(3)(B) of the Act and
section 351.218(e)(1)(ii)(B) of the
Department’s regulations. As a result of
this sunset review, the Department finds
that revocation of the antidumping duty
order would likely lead to continuation
or recurrence of dumping at the levels
indicated in the ‘‘Final Results of
Review’’ section of this notice.
EFFECTIVE DATE: October 5, 2005.
FOR FURTHER INFORMATION CONTACT:
Maureen Flannery, AD/CVD Operations,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–1388.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2005, the Department
initiated a sunset review of the
antidumping duty order on glycine from
the People’s Republic of China pursuant
to section 751(c) of the Act. See
Initiation of Five-year (Sunset) Reviews,
70 FR 31423 (June 1, 2005). The
Department received a Notice of Intent
to Participate from the following
domestic interested parties: the Glycine
Fair Trade Committee (‘‘Committee’’),
an ad hoc coalition of domestic
producers, and its individual members,
Hampshire Chemical Corp. and Chattem
Chemicals, Inc. (collectively ‘‘the
domestic interested parties’’), within the
deadline specified in 19 CFR
E:\FR\FM\05OCN1.SGM 05OCN1