[Federal Register Volume 64, Number 229 (Tuesday, November 30, 1999)]
[Notices]
[Pages 66891-66892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31097]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-604]
Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, From Japan: Final Court Decisions and Amended Final Results
of Antidumping Duty Administrative Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final court decisions and amended final results of
antidumping duty administrative reviews.
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SUMMARY: On February 11, 1992, the Department of Commerce (the
Department) published the final results of its administrative review of
the antidumping finding on tapered roller bearings (TRBs), finished and
unfinished, and parts thereof, from Japan during the period October 1,
1989 through September 30, 1990. See Tapered Roller Bearings, Finished
and Unfinished, From Japan; Final Results of Antidumping Duty
Administrative Review 57 FR 4960. Subsequent to our publication of
these final results, parties to the proceeding challenged certain
aspects of our final results determinations before the United States
Court of International Trade (CIT) and, in certain instances, before
the United States Court of Appeals for the Federal Circuit (CAFC).
The CIT recently affirmed final remand results with respect to the
1989-90 final results. On April 10, 1998, we amended our final results
of review with respect to certain respondents for which litigation was
completed. See Tapered Roller Bearings, Four Inches or Less in Outside
Diameter, and Components Thereof, from Japan, and Tapered Roller
Bearings, Finished and Unfinished, and Parts Thereof, from Japan: Final
Court Decisions and Amended Final Results of Antidumping Duty
Administrative Reviews, 63 FR 17815 (1989-90 TRB Final Results). As
there is now a final and conclusive court decision with respect to
litigation for the remaining respondent, we are hereby amending our
final results of review and will subsequently instruct Customs to
liquidate entries subject to these reviews.
EFFECTIVE DATE: November 30, 1999.
FOR FURTHER INFORMATION CONTACT: Deborah Scott or Robert James, Import
Administration, International Trade
[[Page 66892]]
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-2657
or (202) 482-5222, respectively.
SUPPLEMENTARY INFORMATION:
Background
Below is a summary of the litigation for the 1989-90 final results
for which the CIT and CAFC have issued final and conclusive decisions.
It is important to note that, due to the fact that litigation for each
TRBs final results was unconsolidated, the CIT issued two or more
orders throughout the course of litigation, which required us to
recalculate a respondent's final results margin several times. To
ensure the accurate calculation of amended final results, any
recalculation we performed for a given respondent pursuant to a
specific order reflected all recalculations we performed for that
respondent pursuant to earlier orders. As a result, the last CIT order
requiring a recalculation of a respondent's margin reflects the final
amended margin for the respondent, provided that final and conclusive
decisions have been made by the CIT and CAFC with respect to litigation
which affected the respondent's final results.
On February 11, 1992, we published in the Federal Register our
notice of the final results of administrative reviews for the 1989-90
period of review (POR). This notice covered the administrative reviews
for Koyo Seiko Co., Ltd. (Koyo), NSK Ltd. (NSK), Nachi-Fujikoshi
Corporation, and NTN Toyo Bearing Co., Ltd (NTN). Subsequent to the
publication of these final results, three respondents `` NTN, Koyo, and
NSK `` and The Timken Company (Timken), the petitioner in this case,
challenged certain issues before the CIT. The CIT and CAFC issued final
and conclusive decisions with respect to the NSK and Timken litigation;
on April 10, 1998, we published in the Federal Register our notice of
final court decisions and amended final results for NSK. See 1989-90
TRB Final Results at 17818. The CIT has now issued a final and
conclusive decision with respect to the NTN litigation (CIT Ct. Nos.
92-03-00168 and 92-04-00257). We are hereby amending our final results
of the 1989-90 administrative review for NTN.
The decisions issued by the CIT and CAFC with respect to the
Department's final results for NTN were:
NTN v. U.S., Slip Ops. 94-200 (December 29, 1994) and 95-1
(January 3, 1995) (The CIT ordered the Department to apply the 10
percent cap for the model match methodology, explain its disregard of
NTN's credit expense calculation methodology, and correct the margin
calculation program for errors in the deduction of discounts from home
market price for the cost of production test).
NTN v. U.S., Slip Op. 95-104 (June 7, 1995) (The CIT
affirmed the remand results and dismissed the 92-03-00168 and 92-04-
00257 litigation).
NTN v. U.S., Slip Op. 95-1477 and -1479 (July 10, 1996)
(The CAFC overturned the CIT on its decision regarding the 10 percent
cap for the model match methodology used for the final results for
NTN.)
NTN v. U.S., Slip Ops. 96-150 (August 28, 1996) and 96-151
(August 29, 1996) (In light of the CAFC's decision in Slip Op. 95-1479,
the CIT ordered the Department to recalculate the dumping margin for
NTN without imposing the 10 percent cap under the 92-03-00168 and 92-
04-00257 litigation.)
NTN v. U.S., Slip Op. 98-90 (June 30, 1998) (The CIT
affirmed the remand results and dismissed the 92-03-00168 and 92-04-
00257 litigation).
As there are now final and conclusive court decisions with respect
to the 92-03-000168 and -04-00257 (NTN) litigation, we are amending our
final results of review for NTN based on the last court order which
required a recalculation of NTN's rate (NTN v. U.S., CIT Slip Ops. 96-
150 and -151). The amended final results margin for NTN is 29.63
percent. We will issue instructions to Customs to liquidate entries of
subject merchandise made by NTN during this period pursuant to these
amended final results.
Amendment to Final Determinations
Pursuant to 19 U.S.C. 1516(f), we are now amending the final
results of the 1989-90 administrative review of the antidumping finding
on TRBs from Japan. The weighted-average margin is:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
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NTN Toyo Bearing Co., Ltd.................................. 29.63
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Accordingly, the Department will determine and Customs will assess
appropriate antidumping duties on entries of the subject merchandise
made by firms covered by the review of the period listed above. The
Department will issue appraisement instructions directly to Customs.
Dated: November 22, 1999.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-31097 Filed 11-29-99; 8:45 am]
BILLING CODE 3510-DS-P
