• Effective Date: Jul 11, 2005
  • Cite as: 76 FR 35401 • Cite date: Jun 17, 2011

1. ON 04/20/2011, IN NSK CORPORATION V. UNITED STATES, NO. 06-334, SLIP OP. 11-43, THE UNITED STATES COURT OF INTERNATIONAL TRADE ISSUED ITS FINAL DECISION TO SUSTAIN THE INTERNATIONAL TRADE COMMISSION'S FOURTH REMAND DETERMINATION REGARDING THE SECOND FIVE-YEAR (SUNSET) REVIEW OF THE ANTIDUMPING-DUTY ORDER ON BALL BEARINGS AND PARTS THEREOF FROM JAPAN (A-588-201).

2. IN ACCORDANCE WITH THE DECISION OF THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT IN TIMKEN CO. V. UNITED STATES, 893 F.2D 337, 341 (FED. CIR. 1990), ON 06/17/2011, COMMERCE PUBLISHED A NOTICE IN THE FEDERAL REGISTER OF COURT DECISION NOT IN HARMONY WITH THE CONTINUATION OF ANTIDUMPING DUTY ORDER STATING THAT COMMERCE WOULD ISSUE INSTRUCTIONS TO CBP TO SUSPEND LIQUIDATION OF ALL UNLIQUIDATED ENTRIES OF SUBJECT MERCHANDISE WHICH ARE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 07/11/2005, THE FIVE-YEAR ANNIVERSARY DATE OF THE CONTINUATION OF THE ORDER. SEE 76 FR 35401.

3. THEREFORE, CBP OFFICIALS ARE INSTRUCTED TO SUSPEND OR CONTINUE THE SUSPENSION OF LIQUIDATION OF ALL ENTRIES OF SUBJECT MERCHANDISE FROM JAPAN THAT REMAIN UNLIQUIDATED AND NOT DEEMED LIQUIDATED AS OF 04/30/2011, ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 07/11/2005 AND CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES.

4. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI OR RON TRENTHAM AT THE OFFICE OF AD/CVD OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY (GENERATED BY O5:SS).

5. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

MICHAEL B. WALSH