Communications Litigation Today was a Warren News publication.

Japan & UK Ball Bearings: Revocation of AD Duty Orders

The International Trade Administration is revoking the antidumping duty orders on ball bearings and parts thereof from Japan and the United Kingdom (A-588-804, A-412-801), pursuant to a court order that sustained a “no injury” determination and ordered revocation of the orders prior to completing additional reviews.

CIT Ordered Revocation Pursuant to ITC Negative Injury Remand

In May 2011, the Court of International Trade sustained the International Trade Commission's fourth remand determination of its second sunset reviews that revocation of the subject AD duty orders would not be likely to lead to the continuation or recurrence of material injury to an industry in the U.S. within a reasonably foreseeable time.

Following the CIT's decision to sustain the ITC's negative injury determination, the Timken Company moved to stay revocation of the orders prior to the completion of the third sunset review. However, the CIT found that Timken failed to make a sufficient case, and ordered the ITA to proceed with revocation of the two AD duty orders.

(See ITT's Online Archives or 05/17/11 news, 11051704, for BP summary of the CIT's order.)

AD Cash Deposits Terminated Effective July 16

The ITA will instruct U.S. Customs and Border Protection to discontinue the collection of cash deposits for estimated AD duties, effective July 16, 2011.

Unfinished Admin Reviews Discontinued, No New Reviews

The ITA is also discontinuing all unfinished administrative reviews immediately and will not initiate any new administrative reviews of the orders.

Suspension of Liquidation Continues Until Appeal Period Expires

The suspension of liquidation on all entries of ball bearings and parts thereof from Japan and the United Kingdom with a time of entry on or after July 11, 2005, that remained unliquidated and not deemed liquidated as of April 30, 2011, will continue until there is a “final and conclusive” court decision (i.e., until the appeal period expires).

1The products covered by the orders are ball bearings and parts thereof. These products include all antifriction bearings that employ balls as the rolling element. Imports of these products are classified under the following categories: antifriction balls, ball bearings with integral shafts, ball bearings (including radial ball bearings) and parts thereof, and housed or mounted ball bearing units and parts thereof. (See ITA notice for complete scope of the orders.)

(See ITT’s Online Archives or 06/02/05 news, 05060230, for BP summary of the 2005 initiation of these sunset reviews.)

ITA contact -- Sandra Stewart (202) 482-0768

(FR Pub 07/15/11, ITA Case Nos. A-588-804 and A-412-801)