The U.S. International Trade Commission is resuming its interrupted five-year sunset review of the antidumping duties on ball bearings from Japan and the UK (Investigation numbers 731-TA-394A and 731-TA-399A).

In June 2006, a scheduled ITC review found that removing the U.S. antidumping duties on ball bearings from France, Germany, Italy, Japan and the UK would likely lead to, continuation or recurrence of material injury" to the U.S. bearing industry, "within a foreseeable time."

Those antidumping duties levied on Japan and the UK were then appealed to the Court of International Trade. It took until this past September 9, 2008, but the CIT reached a decision and instructed the ITC to make another review for Japan and the UK.

In short, the CIT instructed the ITC to (1) "conduct a Bratsk analysis of non-subject imports" and (2) "reassess supply conditions within the domestic industry" (that is, the industry's restructuring efforts during the period of review), and (3) "reexamine its findings with regard to likely impact and its decision to cumulate imports from the United Kingdom in light of changes in its determinations that may result as a consequence of the foregoing remand instructions."

The ITC started its repeat review on October 8, in order to perform its analysis of non-subject imports. The accompanying notification also invited interested parties to file comments in the matter with the ITC.

The next day, October 9, the ITC went back to the CIT and filed a motion for reconsideration. Specifically, the ITC asked that the court reconsider its decision based on a new Federal Circuit court of appeals decision, Mittal Steel v. U.S.; the ITC also requested to stop the remand proceedings, pending the Court's decision with regard to its motion. Timken filed similar motions.

On October 29, the CIT agreed the ITC could put its remand review on hold until the court could rule on the request to end the review. The ITC suspended its review on November 17.

On December 20, the CIT issued its decision, and denied the ITC's and Timken's motion to end the re-reviews of Japan and the UK. The review had to proceed, and the CIT has given the ITC until May 4, 2009 to complete its investigation.

In restarting its investigation relating to Japan and the UK, the ITC is now requesting input from interested parties, but only those already participating from the initial review can become involved (that is, a review can only review based on existing information; no new information or new players can become involved, and comments must be limited to the specific issues under review). Other conditions are also restrictive.

Input must be received by March 23, 2009, and the ITC requests that they be limited to no more than 15 pages, double-spaced. Again, no new parties can participate and no new facts can be introduced, and there are few provisions for filing by fax or email. In addition, any comments must be filed with every other party on the service list [here], and a certificate of that service must be included or the ITC will not accept the submission.

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