[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Notices]
[Pages 3193-3194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-968]
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DEPARTMENT OF COMMERCE
[A-475-801]
Antifriction Bearings From Italy; Notice of United States Court
of International Trade Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
SUMMARY: On October 20, 1994, in Torrington v. United States, Slip Op.
94-167 (Torrington), the United States Court of International Trade
(CIT) affirmed the Department of Commerce's (the Department)
redetermination on remand of the final results of the first
administrative review of the antidumping duty order on antifriction
bearings (other than tapered roller bearings) and parts thereof from
Italy, 56 FR 31751 (July 11, 1991). The CIT had previously remanded the
final results to the Department for the reconsideration of a number of
issues. The CIT has now entered final judgment on all issues. The
results covered the period November 9, 1988, through April 30, 1990.
EFFECTIVE DATE: October 30, 1994.
FOR FURTHER INFORMATION CONTACT: J. David Dirstine or Richard
Rimlinger, Office of Antidumping Compliance, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
and Constitution Avenue NW., Washington DC 20230; telephone (202) 482-
4733.
SUPPLEMENTARY INFORMATION:
Background
On July 8, 1993, the CIT in Torrington v. United States, Slip Op.
93-125, remanded the final results of the first administrative review
of the antidumping duty order on antifriction bearings (other than
tapered roller bearings) and parts thereof from Italy to the Department
to: (1) Add the full amount of value added tax (VAT) paid on each sale
in the home market to foreign market value (FMV) without adjustment;
(2) treat certain of SKF Industrie, S.p.A.'s (SKF) discounts as
indirect expenses unless the manner in which they were reported met the
standard for treatment as direct expenses; and (3) remove discounts
paid on SKF's and FAG Cuscinetti S.p.A.'s (FAG) out-of-scope
merchandise or, if not possible, disallow the discounts. The Department
submitted its results of redetermination on remand to the court on
September 22, 1993. On December 10, 1993, in Torrington v. United
States, Slip Op. 93-234, the CIT again remanded the case to the
Department to: (1) Apply Italy's VAT rate to the United States price
(USP) calculated at the same point in the stream of commerce as Italy's
VAT is applied for home market sales, and add the resulting amount to
USP; and (2) choose appropriate best information available (BIA) for
the adjustment to FAG's USP for U.S. discounts and treat the adjustment
as a direct selling expense. The Department submitted its
redetermination pursuant to this second remand order on January 10,
1994. On March 4, 1994, in Torrington v. United States, Slip Op. 94-37,
the CIT again remanded the case for the Department (1) to implement its
new VAT methodology and recalculate the VAT pursuant to the partial
final judgment on the issue previously entered in the case; (2) to
determine and apply BIA for the adjustment to FAG's USP for U.S.
discounts; and (3) to determine whether the Department has statutory
authority to adjust FMV, calculated using purchase price, for FAG's
pre-sale inland freight in light of Ad Hoc Comm. of AZ-NM-TX-FL
Producers of Gray Portland Cement v. United States, 13 F.3d 398 (Fed.
Cir. 1994). The Department submitted its results of redetermination
pursuant to this third remand order on May 17, 1994. On October 20,
1994, in Torrington, the CIT affirmed the Department's results of
remand and entered final judgment on all issues.
In its decision in Timken Co. v. United States, 893 F.2d 337 (Fed.
Cir. 1990) (Timken), the United States Court of Appeals for the Federal
Circuit held that, pursuant to 19 U.S.C. 1516a(e), the
[[Page 3194]] Department must publish a notice of a court decision
which is not ``in harmony'' with a Department determination, and must
suspend liquidation of entries pending a ``conclusive'' court decision.
The CIT's decisions on July 8, 1993, December 10, 1993, and March 4,
1994, constitute decisions not in harmony with the Department's final
results. Publication of this notice fulfills this obligation.
Pursuant to the decision in Timken, the Department must continue
the suspension of liquidation of the subject merchandise pending the
later of the expiration of the period for appeal or the conclusion of
any appeal. Further, absent an appeal, or, if appealed, upon a
``conclusive'' court decision affirming the CIT's opinion, the
Department will amend the final affirmative results of the first
administrative review of the antidumping duty order on antifriction
bearings (other than tapered roller bearings) and parts thereof from
Italy to reflect the amended margins of the Department's
redeterminations on remand, which were affirmed by the CIT.
Dated: January 9, 1995.
Paul L. Joffe,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 95-968 Filed 1-12-95; 8:45 am]
BILLING CODE 3510-DS-P
