Federal Register/Vol. 70, No. 136/Monday, July 18
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41204 Federal Register / Vol. 70, No. 136 / Monday, July 18, 2005 / Notices SUMMARY: On April 8, 2005, in response appealed the Department’s decisions in Assessment of Duties to appeals in NTN Corporation, NTN AFBs 10. On February 3, 2004, the CIT We hereby amend the final results of Bearing Corporation of America, issued its ruling in NTN v. United the 1998–1999 administrative reviews of American NTN Bearing Manufacturing States, 306 F. Supp. 2d 1319, (CIT the antidumping duty orders on BBs, Corporation, NTN Driveshaft, Inc., NTN February 3, 2004), remanding to the CRBs, and SPBs from Japan to reflect Bower Corporation, and NTN–BCA Department the final results in AFBs 10 revised weighted–average margins for Corporation v. United States and as follows: (1) to apply the arm’s–length NTN. We determine that NTN’s revised Timken U.S. Corporation (NTN v. test to the sales prices of certain weighted–average margins are 4.71 United States), 125 Fed. Appx. 1011 affiliated resellers to determine whether percent for BBs, 3.50 percent for CRBs, (CAFC April 8, 2005), the United States the sales prices were comparable to the and 2.78 percent for SPBs from Japan for Court of Appeals for the Federal Circuit price at which NTN sold the subject the period May 1, 1998, through April (CAFC) affirmed the Court of merchandise to unaffiliated parties; (2) 30, 1999. International Trade’s (CIT’s) decision of to explain how the record supports the Accordingly, the Department will the Department of Commerce’s (the Department’s decision to recalculate determine and CBP will assess Department’s) final remand NTN’s home–market indirect selling appropriate antidumping duties on determination, Court No. 00–09–00443, expenses without regard to level of entries of the subject merchandise Slip. Op. 04–64 (CIT June 9, 2004). This trade; (3) to clarify the reasoning for the produced or exported by the reviewed remand determination affects final Department’s treatment of affiliated– company. Individual differences assessment rates for the administrative party inputs, apply the major–input rule between U.S. price and normal value reviews of the antidumping duty orders to NTN where appropriate, and open the may vary from the above percentages. on antifriction bearings (other than record for additional information, if The Department will issue assessment tapered roller bearings) and parts necessary. The remand affected NTN instructions to CBP within 15 days of thereof from Japan for the period of with respect to the administrative publication of this notice. review May 1, 1998, through April 30, reviews of the antidumping duty orders We are issuing and publishing this 1999. The merchandise covered by these on BBs, CRBs and SPBs from Japan for notice in accordance with sections reviews is ball bearings and parts the period May 1, 1998, through April 751(a)(1) and 777(i)(1) of the Tariff Act thereof (BBs), cylindrical roller bearings 30, 1999. of 1930, as amended. and parts thereof (CRBs), and spherical plain bearings and parts thereof (SPBs). On April 28, 2004, the Department Dated: July 12, 2005. Because there is now a final and filed its final results of redetermination Joseph A. Spetrini, conclusive court decision, we are with the CIT. See Final Remand Acting Assistant Secretary for Import amending our final results of reviews Determination in NTN Corp., et al, v. Administration. and we will instruct U.S. Customs and United States, (April 28, 2004) (Remand [FR Doc. E5–3803 Filed 7–15–E5; 8:45 am] Border Protection to liquidate entries Results). In its redetermination, the (BILLING CODE: 3510–DS–S) subject to these reviews. Department conducted the arm’s–length EFFECTIVE DATE: July 18, 2005. test for two of NTN’s affiliated resellers DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: John and recalculated the antidumping duty Holman or Richard Rimlinger, AD/CVD margin applicable to NTN Corporation International Trade Administration Operations, Office 5, Import to account for the results of that test. As Administration, U.S. Department of a result of the Department’s [A–570–846] Commerce, 14th Street and Constitution redetermination and calculation changes, NTN’s weighted–average Brake Rotors From the People’s Avenue, NW., Washington, DC 20230; Republic of China: Final Results of margins for the POR changed to 4.71 telephone: (202) 482–3683 or (202) 482– Changed Circumstances Antidumping percent for BBs, 3.50 percent for CRBS, 4477, respectively. Duty Administrative Review SUPPLEMENTARY INFORMATION: and remained 2.78 percent for SPBs. On June 9, 2004, the CIT affirmed the AGENCY: Import Administration, Background Department’s Remand Results in their International Trade Administration, On August 11, 2000, the Department entirety. See NTN v. United States, Department of Commerce. published Antifriction Bearings (Other Court No. 00–09–00443, Slip. Op. 04–64 SUMMARY: On May 13, 2005, the Than Tapered Roller Bearings) and (CIT June 9, 2004). Department of Commerce Parts Thereof from France, Germany, NTN and Timken appealed the CIT’s (‘‘Department’’) published the notice of Italy, Japan, Romania, Singapore, remand affirmation to the CAFC. On preliminary results of its changed Sweden, and the United Kingdom: Final April 8, 2005, the CAFC affirmed the circumstances review examining Results of Antidumping Duty CIT’s June 9, 2004, decision in NTN v. whether Shanxi Fengkun Foundry Ltd., Co. (‘‘Fengkun Foundry’’’) is the Administrative Reviews and Revocation United States, 125 Fed. Appx. 1011 successor–in-interest to Shanxi Fengkun of Orders in Part, 65 FR 49219 (August (CAFC April 8, 2005). 11, 2000), (collectively AFBs 10), which Metallurgical Ltd., Co. (‘‘Fengkun covered the period of review (POR) May There is now a final and conclusive Metallurgical’’’) by virtue of its name 1, 1998, through April 30, 1999. The court decision with respect to the change. See Notice of Preliminary classes or kinds of merchandise covered company affected by this litigation Results of Changed Circumstances by these reviews are BBs, CRBs, and (NTN). Pursuant to section 516A(e) of Antidumping Duty Administrative SPBs. the Tariff Act of 1930, as amended, we Review: Brake Rotors From the People’s NTN Bearing Corporation of America, are amending our final results of review Republic of China, 70 FR 25545 (May NTN Corporation, American NTN for this company and we will instruct 13, 2005) (‘‘Preliminary Results’’). In Bearing Manufacturing Corporation, U.S. Customs and Border Protection those Preliminary Results, the NTN Driveshaft, Inc., and NTN–Bower (CBP) to liquidate the relevant entries Department found that Fengkun Corporation (collectively NTN), and subject to these reviews in accordance Foundry is not the successor–in-interest Timken U.S. Corporation (Timken) with our remand results. to Fengkun Metallurgical. VerDate jul<14>2003 15:11 Jul 15, 2005 Jkt 205001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\18JYN1.SGM 18JYN1 Federal Register / Vol. 70, No. 136 / Monday, July 18, 2005 / Notices 41205 After consideration of new factual Scope of the Order raised and to which we have responded, information solicited by the Department The products covered by the order are all of which are in the Decision and comments from interested parties, brake rotors made of gray cast iron, Memorandum, is attached to this notice the Department now finds that Fengkun whether finished, semifinished, or as an Appendix. Parties can find a Foundry is the successor–in-interest to unfinished, ranging in diameter from 8 complete discussion of all issues raised Fengkun Metallurgical, and that to 16 inches (20.32 to 40.64 centimeters) in this review and the corresponding Fengkun Foundry should retain the and in weight from 8 to 45 pounds (3.63 recommendations in this public memorandum which is on file in the deposit rate assigned to Fengkun to 20.41 kilograms). The size parameters Central Records Unit, Room B–099 of Metallurgical by the Department for all (weight and dimension) of the brake the main Department building. In entries of the subject merchandise rotors limit their use to the following addition, a complete version of the produced or exported by Fengkun types of motor vehicles: automobiles, Decision Memorandum can be accessed Metallurgical. We have now completed all–terrain vehicles, vans, recreational directly on the Web at http:// this changed circumstances review in vehicles under ‘‘one ton and a half,’’ ia.ita.doc.gov/frn/frnhome.htm. The accordance with 19 CFR 351.216 and and light trucks designated as ‘‘one ton paper copy and electronic version of the 351.221(c)(3). and a half.’’ Decision Memorandum are identical in Finished brake rotors are those that EFFECTIVE DATE: July 18, 2005 content. are ready for sale and installation FOR FURTHER INFORMATION CONTACT: without any further operations. Semi– Successorship and Final Results Catherine Bertrand or Carrie Blozy, AD/ finished rotors are those rotors which CVD Operations, Office 9, Import On the basis of the record developed have undergone some drilling and on Administration, International Trade in this proceeding, we determine which the surface is not entirely Administration, U.S. Department of Fengkun Foundry is the successor–in- smooth. Unfinished rotors are those Commerce, 14th Street and Constitution interest to Fengkun Metallurgical for which have undergone some grinding or Avenue, NW., Washington, DC 20230; purposes of determining antidumping turning. telephone: (202) 482–3207 or (202) 482– duty liability. For a complete discussion These brake rotors are for motor 5403, respectively. of the basis for this decision, please see vehicles and do not contain in the the Decision Memorandum SUPPLEMENTARY INFORMATION: casting a logo of an original equipment accompanying this notice. Background manufacturer (‘‘OEM’’) which produces Effective as of the date of these final vehicles sold in the United States (e.g., results, we will instruct U.S.