Antidumping: Antifriction bearings (other than tapered roller bearings) and parts from— France et al.,

[Federal Register: February 23, 1998 (Volume 63, Number 35)]

[Notices]

[Page 8908-8909]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr23fe98-59]

DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-801, A-428-801, A-475-801, A-588-804, A-485-801, A-559-801, A- 401-801, A-549-801, A-412-801]

Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France, et al.; Amended Final Results of Antidumping Duty Administrative Reviews

AGENCY: Import Administration, International Trade Administration, Department of Commerce.

ACTION: Notice of final court decision and amended final results of administrative reviews.

SUMMARY: On October 15, 1997, the United States Court of Appeals for the Federal Circuit affirmed the Department of Commerce's final remand results affecting final assessment rates for the second administrative reviews of the antidumping duty orders on antifriction bearings (other than tapered roller bearings) and parts thereof from France, Germany, Italy, Japan (except NSK), Singapore, Sweden, Thailand, and the United Kingdom. The classes or kinds of merchandise covered by these reviews are ball bearings and parts thereof, cylindrical roller bearings and parts thereof, and spherical plain bearings and parts thereof. As there is now a final and conclusive court decision in these actions (with the exception noted above), we are amending our final results of reviews and we will subsequently instruct the U.S. Customs Service to liquidate entries subject to these reviews.

EFFECTIVE DATE: February 23, 1998.

FOR FURTHER INFORMATION CONTACT: Mark Ross or Richard Rimlinger, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-4733.

Applicable Statute

Unless otherwise indicated, all citations to the Tariff Act of 1930, as amended (the Tariff Act), are references to the provisions in effect as of December 31, 1994. In addition, unless otherwise indicated, all citations to the Department of Commerce's (the Department's) regulations are to the regulations as codified at 19 CFR Part 353 (April 1, 1997).

SUPPLEMENTARY INFORMATION:

Background

On June 24, 1992, the Department published its final results of administrative reviews of the antidumping duty orders on antifriction bearings (other than tapered roller bearings) and parts thereof, from France, Germany, Italy, Japan, Romania, Singapore, Sweden, Thailand, and the United Kingdom, covering the period May 1, 1990 through April 30, 1991 (AFBs II) (57 FR 28360). These final results were amended on July 24, 1992, and December 14, 1992, to correct clerical errors (see 57 FR 32969 and 57 FR 59080, respectively). The classes or kinds of merchandise covered by these reviews are ball bearings and parts thereof (BBs), cylindrical roller bearings and parts thereof (CRBs), and spherical plain bearings and parts thereof (SPBs). Subsequently, two domestic producers, the Torrington Company and Federal-Mogul, and a number of other interested parties, filedlawsuits with the U.S. Court of International Trade (CIT) challenging the final results. These lawsuits were litigated at the CIT and the United States Court of Appeals for the Federal Circuit (CAFC). In the course of this litigation, the CIT issued a number of orders and opinions of which the following have resulted in changes to the antidumping margins calculated in AFBs II:

Federal-Mogul Corp. v. United States, 862 F. Supp. 384 (CIT 1994), 872 F. Supp. 1011 (CIT 1994), and Slip Op. 95-184 (November 20, 1995) with respect to France, Germany, Italy, Japan, Sweden, and the United Kingdom; Torrington Company v. United States, 881 F. Supp. 622 (CIT 1995) and 926 F. Supp. 1151 (CIT 1996) with respect to France, Germany, Italy, Japan, Singapore, Sweden, Thailand, and the United Kingdom; Koyo Seiko Company Ltd. v. United States, Slip Op. 96-168 (October 17, 1996) with respect to Japan; SKF USA Inc. v. United States, 874 F. Supp. 1395 (CIT 1995) with respect to Italy; SKF USA Inc. v. United States, 875 F. Supp. 847 (CIT 1995) with respect to Germany; SKF USA Inc. v. United States, Slip Op. 95-11 (January 31, 1995) with respect to the United Kingdom; SKF USA Inc. v. United States, 876 F. Supp. 275 (CIT 1995) with respect to France; SKF USA Inc. v. United States, Slip Op. 95-124 (July 5, 1995) with respect to Sweden; Societe Nouvelle de Roulements v. United States, 927 F. Supp. 1558 (CIT 1996) with respect to France.

In the context of the above-cited litigation, the CIT (in some cases based on decisions by the CAFC) ordered the Department to make methodological changes and to recalculate the antidumping margins for certain firms under review. Specifically, the CIT ordered the Department inter alia: (1) To change its methodology to account for value-added taxes with respect to the comparison of U.S. and home market prices, (2) not to deduct pre-sale inland freight incurred in the home market if the Department determined that there was no statutory authority to make such a deduction, (3) to develop a methodology which removes post-sale price adjustments and rebates paid on out-of-scope merchandise from any adjustment made to foreign market value or to deny such an adjustment if a viable method could not be found, and (4) to correct certain clerical errors.

On October 15, 1997, the CAFC affirmed the Department's final remand results affecting final assessment rates for all the above cases (except the reviews involving NSK Ltd. of Japan which are still subject to further litigation). See Torrington Co. v. United States, 127 F.3d 1077 (Fed. Cir. 1997). As there are now final and conclusive court decisions in these actions, we are amending our final results of review in these matters and we will subsequently instruct the U.S. Customs Service to liquidate entries subject to these reviews.

Amendment to Final Results

Pursuant to 516A(e) of the Tariff Act, we are now amending the final results of administrative reviews of the antidumping duty orders on antifriction

[[Page 8909]]

bearings (other than tapered roller bearings) and parts thereof from France, Germany, Italy, Japan, Romania, Singapore, Sweden, Thailand, and the United Kingdom, and the period May 1, 1990, through April 30, 1991. The revised weighted-average margins are as follows:

Company

BBs

CRBs

SPBs

France

SKF..............................

8.56

(1)

(3) SNR..............................

8.08

18.37

(2)

Germany

FAG..............................

20.10

7.83

1.05 INA..............................

19.90

1.23

(1) SKF..............................

12.08

5.10

0.82

Italy

FAG..............................

7.50

(1) ........... SKF..............................

8.78

(3) ...........

Japan

Fujino...........................

1.83

(2)

(2) IJK..............................

1.89

(3)

(2) Izumoto..........................

12.14

(2)

(2) Koyo Seiko.......................

6.95

1.39

(3) Nachi............................

7.90

22.61

(1) Nakai............................

6.47

(2)

(2) Nankai...........................

9.41

(2)

(2) NTN..............................

2.42

2.78

0.51 Showa............................

7.51

(2)

(2)

Singapore

NMB/Pelmec.......................

4.49 ........... ...........

Sweden

SKF..............................

7.67

4.18 ...........

Thailand

NMB/Pelmec.......................

0.498 ........... ...........

United Kingdom

Barden Corporation...............

0.85

(1) ........... FAG..............................

48.97

(3) ........... RHP Bearings.....................

16.75

50.39 ........... SKF..............................

8.33

(1) ...........

(1) No U.S. sales during the review period.

(2) No review requested.

(3) No change to the last published margin. See AFBs II, 57 FR 28360, as amended by 57 FR 32969 and 57 FR 59080.

The above rates will become the new antidumping duty deposit rates for firms that have not had a deposit rate established for them in subsequent reviews.

Accordingly, the Department will determine and the U.S. Customs Service will assess appropriate antidumping duties on entries of the subject merchandise made by firms covered by these reviews. Individual differences between United States price and foreign market value may vary from the percentages listed above. The Department has already issued appraisement instructions to the Customs Service for certain companies whose margins have not changed from those announced in AFBs II and the two previous amendments. For companies covered by these amended results, the Department will issue appraisement instructions to the U.S. Customs Service after publication of these amended final results of reviews.

This notice is published pursuant to section 751(a) of the Tariff Act.

Dated: February 11, 1998. Robert S. LaRussa, Assistant Secretary for Import Administration.

[FR Doc. 98-4542Filed2-20-98; 8:45 am]

BILLING CODE 3510-DS-P