Notices. Notice
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/register/2005/07/14/05-13856A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 6310-02-M DEPARTMENT OF COMMERCE International Trade Administration [A-588-804] Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof from Japan: Notice of Court Decision Not in Harmony AGENCY: Import Administration, International Trade Administration, Department of Commerce SUMMARY: On June 27, 2005, the United States Court of International Trade
(CIT)affirmed the Department of Commerce's (the Department's) redetermination on remand of the final results of the antidumping duty administrative reviews on antifriction bearings (other than tapered roller bearings) and parts thereof from Japan. See *NSK Ltd. v. United States* , Consol. Court No. 98-07-02527, slip op. 05-77 (CIT 2005). The Department is now issuing this notice of court decision not in harmony. EFFECTIVE DATE: July 14, 2005. FOR FURTHER INFORMATION: Yang Jin Chun or Richard Rimlinger, AD/CVD Operations, Office 5, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-5760 or
(202)482-4477, respectively. SUPPLEMENTARY INFORMATION: Background On June 18, 1998, the Department published the final results of administrative reviews of the antidumping duty orders on antifriction bearings (other than tapered roller bearings) and parts thereof from Japan for the period May 1, 1996, through April 30, 1997. See *Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof from France, et al.; Final Results of Antidumping Duty Administrative Reviews* , 63 FR 33320 (June 18, 1998). NSK Ltd. and NSK Corporation (hereafter “NSK”) filed a lawsuit challenging the final results. On July 8, 2002, the CIT affirmed the Department's decision to classify NSK's repacking expenses as a selling expense under section 772(d)(1)(B) of the Tariff Act of 1930, as amended (the Act). See *NSK Ltd. v. United States* , 217 F. Supp 2d. 1291 (CIT 2002). NSK appealed the CIT's judgment to the United States Court of Appeals for the Federal Circuit (CAFC). The CAFC vacated and remanded the Department's decision to classify NSK's repacking expenses as selling expenses and not movement expenses under section 772(d)(1)(B) of the Act. On February 18, 2005, pursuant to the CAFC's decision, the CIT remanded this case to the Department to revisit its classification of U.S. repacking expenses as selling expenses and provide an explanation for the inconsistent treatment of U.S. repacking expense, U.S. warehousing expense, and U.S. expense for shipping from warehouse to customer. See *NSK Ltd. v. United States* , Consol. Court No. 98-07-02527, slip op. 05-26 (CIT 2005). In accordance with the CIT's remand order in NSK Ltd., slip op. 05-26, the Department filed its remand results on May 18, 2005. On June 27, 2005, the CIT affirmed the Department's final results of remand redetermination in their entirety. See *NSK Ltd.* , slip op. 05-77. The changes to our calculations with respect to NSK resulted in a change in the weighted-average margin for ball bearings
(BBs)from 2.35 percent to 2.34 percent and a change in the weighted-average margin for cylindrical roller bearings
(CRBs)from 2.21 percent to 2.19 percent for the period of review. Accordingly, absent an appeal, or, if appealed, upon a “conclusive” decision by the CAFC which is consistent with the CIT's decision, we will amend our final results of these reviews to reflect the recalculation of margins for NSK. Suspension of Liquidation The CAFC held that the Department must publish notice of a decision of the CIT or the CAFC which is not in harmony with the Department's determination. See *The Timken Company v. United States* , 893 F.2d 337, 341 (CAFC 1990). Publication of this notice fulfills that obligation. The CAFC also held that, in such a case, the Department must suspend liquidation until there is a “conclusive” decision in the action. *Id.* Therefore, the Department must suspend liquidation pending the expiration of the period to appeal the CIT's June 27, 2005, decision affirming the Department's remand results or pending a final decision of the CAFC if that decision is appealed. Because entries of the BBs and CRBs from Japan produced by, exported to, or imported into the United States by NSK are currently being suspended pursuant to the court's injunction order in effect, the Department does not need to order U.S. Customs and Border Protection to suspend liquidation of affected entries. The Department will not order the lifting of the suspension of liquidation on entries of the BBs and CRBs made during the review period before a court decision in this lawsuit becomes final and conclusive. We are issuing and publishing this notice in accordance with section 516A(c)(1) of the Act. Dated: July 8, 2005. Susan Kuhbach, Acting Assistant Secretary for Import Administration. [FR Doc. E5-3750 Filed 7-13-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF DEFENSE Department of the Army Availability for Non-Exclusive, Exclusive, or Partially Exclusive Licensing of U.S. Provisional Patent Applications Concerning Inhibitors of Type F Botulinum Neurotoxin Proteinase Activity AGENCY: Department of the Army, DoD. ACTION: Notice. SUMMARY: In accordance with 37 CFR 404.6 and 404.7, announcement is made of the availability for licensing of the invention set forth in U.S. Provisional Patent Application Serial No. 60/656,551 entitled “Inhibitors of Type F Botulinum Neurotoxin Proteinase Activity,” filed February 17, 2005; as well as the invention set forth in related U.S. Provisional Patent application Serial No. 60/660,024 entitled “Inhibitors of Type F Botulinum Neurotoxin Proteinase Activity,” filed February 23, 2005. The United States Government, as represented by the Secretary of the Army, has rights in this invention. ADDRESSES: Commander, U.S. Army Medical Research and Materiel Command, ATTN: Command Judge Advocate, MCMR-ZA-J, 504 Scott Street, Fort Detrick, Frederick, MD 21702-5012. FOR FURTHER INFORMATION CONTACT: For patent issues, Ms. Elizabeth Arwine, Patent Attorney,
(301)619-7808. For licensing issues, Dr. Paul Mele, Office of Research & Technology Assessment,
(301)619-6664, both at telefax
(301)619-5034. SUPPLEMENTARY INFORMATION: Botulinum neurotoxins (BoNTs A-G) are zinc metalloendoproteases that exhibit extraordinary specificities for proteins involved in neurotransmitter release. In view of the extreme toxicities of these molecules, their applications in human medicine, and potential for misuse, it is of considerable importance to elucidate the mechanisms underlying substrate recognition and to develop inhibitors, with the ultimate goal of obtaining anti-botulinum drugs. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. 05-13856 Filed 7-13-05; 8:45 am]
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