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NoticeE5-6512005-02-16

Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Notice of Court Decision and Suspension of Liquidation

Commerce Department, International Trade Administration

Abstract

On January 21, 2005, in Luoyang Bearing Factory v. United States, Slip Op. 05-3, the Court of International Trade ("CIT") affirmed the Department of Commerce's Final Results of Redetermination Pursuant to Remand ("Remand Results"), dated September 30, 2004. Consistent with the decision of the U.S. Court of Appeals for the Federal Circuit ("CAFC") in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) ("Timken"), the Department will continue to order the suspension of liquidation of the subject merchandise, where appropriate, until there is a "conclusive" decision in this case. If the case is not appealed, or if it is affirmed on appeal, the Department will instruct U.S. Customs and Border Protection ("Customs") to liquidate all relevant entries from Luoyang Bearing Factory ("Luoyang"), Zheijiang Machinery Import & Export Corporation ("ZMC"), China National Machinery Import & Export Corporation ("CMC"), and Wafangdian Bearing Company, Limited ("Wafangdian") and revise the cash deposit rates as appropriate.

Action & Dates

Dates
February 16, 2005.

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Commerce International Trade Administration [A-570-601] AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On January 21, 2005, in Luoyang Bearing Factory v. United States , Slip Op. 05-3, the Court of International Trade (“CIT”) affirmed the Department of Commerce's Final Results of Redetermination Pursuant to Remand (“ Remand Results ”), dated September 30, 2004. Consistent with the decision of the U.S. Court of Appeals for the Federal Circuit (“CAFC”) in Timken Co. v. United States , 893 F.2d 337 (Fed. Cir. 1990) (“ Timken ”), the Department will continue to order the suspension of liquidation of the subject merchandise, where appropriate, until there is a “conclusive” decision in this case. If the case is not appealed, or if it is affirmed on appeal, the Department will instruct U.S. Customs and Border Protection (“Customs”) to liquidate all relevant entries from Luoyang Bearing Factory (“Luoyang”), Zheijiang Machinery Import & Export Corporation (“ZMC”), China National Machinery Import & Export Corporation (“CMC”), and Wafangdian Bearing Company, Limited (“Wafangdian”) and revise the cash deposit rates as appropriate. EFFECTIVE DATE: February 16, 2005. FOR FURTHER INFORMATION CONTACT: Andrew Smith, AD/CVD Operations, Office 1, Import Administration, International Trade Administration

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Full Document

Citation: 70 FR 7925