July 13, 2020

Volume X, Number 195

July 13, 2020

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July 10, 2020

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Department of Commerce Reinstates Antidumping Duty Orders on Ball Bearings from Japan and the United Kingdom

For your information, the U.S. Department of Commerce (DOC) has announced that it is reinstating the antidumping duty orders on ball bearings from Japan and the United Kingdom (UK).  These orders had been in effect since 1989.  The revocation of these antidumping duty orders, and the recent DOC announcement that the orders with respect to Japan and the UK are reinstated, followed several years of litigation regarding the “sunset review” injury determination in 2006 by the U.S. International Trade Commission (ITC).  

As a result of the reinstatement of the antidumping duty orders, the DOC will instruct CBP to resume collection of cash deposits on ball bearings from Japan and the UK.  The DOC will also resume its administrative reviews of these antidumping duty orders for the following time periods: (1) May 1, 2009 through April 30, 2010; and (2) May 1, 2010 through April 30, 2011.  The DOC will also provide an opportunity for U.S. producers, Japanese/British producers, and/or U.S. importers to request administrative reviews of entries entered during the following periods: (1) May 1, 2011 through April 30, 2012; and (2) May 1, 2012 through April 30, 2013.  It is unclear, however, whether DOC will instruct CBP to collect cash deposits on Japanese and British bearings entered since July 16, 2011, which was the date that CBP had discontinued cash deposit requirements while the revocation was in effect.

What does this all mean to importers?  It means that your liability from May 1, 2009 going forward is not set.  Instead, if administrative reviews are requested, your liability will be based on the final margins calculated by DOC in the administrative reviews.  

Finally, please note that the DOC and ITC also are expected to initiate new five-year sunset reviews on January 2, 2014.  In particular, the ITC will have to examine anew import trends and the economic health of the U.S. industry over the past five years to determine again, based on the updated data, whether revocation of the antidumping duty orders on ball bearings from Japan and the UK would be likely to lead to continuation or recurrence of material injury to the U.S. industry. 

© 2020 Faegre Drinker Biddle & Reath LLP. All Rights Reserved.National Law Review, Volume III, Number 346

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About this Author

Douglass Heffner, International trade lawyer, Drinker Biddle
Partner

Douglas J. Heffner litigates customs and international trade matters including antidumping duty, countervailing duty and safeguard cases. He represents foreign companies in Canada, Europe, Japan and Mexico, as well as domestic producers in industries that range from high-tech to heavy industry, to consumer and industrial goods. He also represents trade associations, government agencies and embassies in a broad range of matters.

202-230-5802
Kathleen Murphy, International trade Lawyer, Drinker Biddle
Partner

Kathleen M. Murphy counsels clients on maximizing trade benefits, making informed global procurement decisions and developing domestic and international trade compliance programs. She represents clients in duty-recovery initiatives and customs challenges concerning tariff classification, valuation, Free Trade Agreements and country of origin determinations, among other areas. She guides clients through compliance audits and validations, as well as penalty investigations conducted by U.S. or foreign customs authorities. She also represents clients in deliberations with the Centers of Excellence and Expertise and with Customs Headquarters personnel.

312-569-1155
Richard P Ferrin, International Trade Lawyer, Drinker Biddle
Counsel

Richard P. Ferrin advises clients about international trade regulations, particularly antidumping and countervailing duty proceedings at both the administrative and appellate levels. He advocates for his client in global “safeguards” proceedings and on customs matters involving classification issues and country-of-origin determinations. Richard has represented foreign manufacturers, foreign exporters, and U.S. importers in antidumping and countervailing duty proceedings before the U.S. International Trade Commission, and in judicial review of...

202-230-5803