[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE P