[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Notices]
[Pages 62386-62387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29727]
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DEPARTMENT OF COMMERCE
[A-588-054]
Tapered Roller Bearings, Four Inches or Less In Outside Diameter,
and Components Thereof, From Japan; Amendment to the Final Results of
Review
AGENCY: Import Administration/International Trade Administration,
Department of Commerce.
SUMMARY: On June 15, 1995, the United States Court of International
Trade (CIT) remanded the Department of Commerce's (the Department's)
redetermination on remand of the final results of administrative review
of the antidumping finding on tapered roller bearings, four inches or
less in outside diameter, and certain components thereof (TRBs) from
Japan (41 FR 34974, August 18, 1976) (Koyo Seiko Co., Ltd. and Koyo
Corp. of U.S.A. v. United States and NSK Ltd. And NSK Corp., v. United
States (Slip Op. 95-111 (June 15, 1995)) (Koyo)). The CIT ordered the
Department to correct two computer programming errors in the
calculation of margins for Koyo Seiko Co., Ltd., and, following the
corrections, affirmed the redetermination in all respects. The results
covered the period April 1, 1974, through March 31, 1979, for TRBs
produced by Koyo Seiko Co., Ltd., and distributed by its subsidiary,
Koyo Corporation of U.S.A. (collectively, Koyo), and April 1, 1974
through July 31, 1980, for TRBs produced by NSK Ltd., and distributed
by its subsidiary, NSK Corporation (collectively, NSK).
EFFECTIVE DATE: June 25, 1995.
FOR FURTHER INFORMATION CONTACT:
Chip Hayes or John Kugelman, Office of Antidumping Compliance, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C.
20230, telephone: (202) 482-5253.
SUPPLEMENTARY INFORMATION:
Background
On June 15, 1995, the CIT issued an order remanding to the
Department the redetermination on remand of the final results of
administrative review of the antidumping finding on TRBs from Japan to
correct two computer programming errors, and affirmed the
redetermination in all other respects.
The Department's final results of review covering Koyo for the
period April 1, 1974 through March 31, 1979, and NSK for the period
April 1, 1974 through July 31, 1980, were published on June 1, 1990 (55
FR 22369). Koyo, NSK, and petitioner in this proceeding, the Timken
Company (Timken), challenged those results to the CIT. The CIT issued
four remand orders covering the review: on issues concerning Koyo in
Koyo Seiko Co., Ltd. and Koyo Corporation of U.S.A. v. United States
(Slip Op. 92-72 (May 15, 1992) (KCUSA)); on issues concerning NSK in
NSK Ltd. v. United States (Slip Op. 92-79 (May 21, 1992) (NSK)); on
issues relating to both Koyo and NSK in The Timken Company v. United
States (Slip Op. 92-83 (May 22, 1992) (Timken)); and finally in Koyo
Seiko Co., Ltd. and Koyo Corporation of U.S.A. v. United States (Slip
Op. 92-139 (August 21, 1992) (Koyo Cost)) the CIT allowed the
Department to conduct an investigation of sales made below the cost of
production by Koyo.
In KCUSA and NSK the CIT ordered the Department to recalculate
margins for entries pursuant to the three-criteria methodology for
determining ``such or similar'' merchandise; to examine all possible
similar home market models of approximately equal commercial value to
calculate foreign market value (FMV); to include Koyo's data for net
weights of certain TRBs in the calculation of U.S. customs duties; to
add only thirty days to Koyo's shipping time when calculating an
adjustment for U.S. inventory expenses; and to liquidate Koyo's entries
between April 1, 1974 and September 30, 1977, and NSK's entries between
June 6, 1974 and July 31, 1977, according to master lists
[[Page 62387]]
prepared by the Treasury Department (Treasury). In addition, in Timken
the CIT remanded the same final results to the Department to use the
verified per-unit export department expenses as best information
available when calculating the adjustment to exporter's sales price
(ESP) for Koyo's export selling expenses.
In Koyo Cost the CIT allowed Timken to submit supplemental sales-
below-cost information and directed the Department to consider the
supplemental information in order to determine whether the dumping
margins for the April 1, 1978 to March 31, 1979 period should be
calculated without reference to the investigation of below-cost-of-
production sales. That allegation, and the Department's finding of
sales below the cost of production, were not relevant to time periods
prior to April 1, 1978. Consequently, no investigation of sales made
below the cost of production was conducted for those periods.
The Department submitted its remanded results for NSK pursuant to
NSK and Timken to the CIT in August 1992. Results for Koyo pursuant to
KCUSA, Timken, and Koyo Cost were submitted to the CIT in October 1992.
The CIT affirmed those results in their entirety on March 4, 1993 (Slip
Op. 93-28). Koyo, NSK, and Timken appealed various issues in those
orders to the United States Court of Appeals for the Federal Circuit
(the Federal Circuit). In its ruling of March 28, 1994 (Koyo Seiko Co.,
Ltd. and Koyo Corporation USA. v. United States (93-1310, 1341), and
NSK Ltd. And NSK Corporation v. United States (93-1311), (CAFC
decision)), the Federal Circuit affirmed the CIT's decision in Koyo
Cost to allow the Department to conduct an investigation of sales made
below the cost of production by Koyo. However, the Federal Circuit
reversed the decision of the CIT in KCUSA and NSK to liquidate TRB
entries made by Koyo between April 1, 1974 and September 30, 1977, and
TRB entries made by NSK between June 6, 1974 and March 31, 1978,
according to Treasury master lists. Pursuant to the CAFC decision, the
CIT ordered a redetermination of the final dumping margins for 1974-
1978 TRB entries (Koyo Seiko Co., v. United States and NSK Ltd. v.
United States, Slip Op. 94-75 (May 10, 1994) (Koyo/NSK)). The Koyo/NSK
order stipulated that the margins be determined based upon the complete
record of the administration review conducted by the Department and on
the CIT's prior rulings in KCUSA, NSK, and Timken. No other issues were
raised before the Federal Circuit.
The Department submitted its results pursuant to Koyo/NSK on July
18, 1994. On June 15, 1995, the CIT issued its decision in Koyo
remanding those results to the Department to correct two computer
programming errors alleged by Timken and affirming the redetermination
in all other respects. The margin calculations on entries made by NSK
from April 1, 1978, through July 31, 1980, and by Koyo from October 1,
1977, through March 31, 1979, were not challenged in these actions, and
were affirmed by the CIT. Consequently, those calculations remain
unchanged from the Department's August 1992 and October 1992 remanded
results.
The Department has addressed the two programming errors identified
by the CIT in Koyo. Based upon an examination of the record in the
final results of review we determined that there was no programming or
clerical error regarding model matching. The Department reviewed and
emended the programming error regarding exchange rates. We disclosed
the results to Koyo and Timken consistent with 19 CFR 353.28. We
received no comments on our results from either party. The Department
is therefore amending the final results of the administrative review of
the antidumping finding on tapered roller bearings, four inches or less
in outside diameter, and certain components thereof from Japan to
reflect the amended margins calculated for Koyo and NSK in the
Department's redetermination on remand, and affirmed by the CIT.
The Department will issue liquidation instructions to the Customs
Service based on the following amended margins:
------------------------------------------------------------------------
Firm Period Percent margin
------------------------------------------------------------------------
Koyo........................... 04/01/1974 to 07/31/ 20.56
1976.
08/01/1976 to 09/30/ 5.99
1977.
10/01/1977 to 93/31/ 24.64
1978.
04/01/1978 to 03/31/ 17.96
1979.
NSK............................ 06/06/1974 to 06/30/ 17.42
1976.
07/01/1976 to 07/31/ 17.42
1977.
08/01/1977 to 03/31/ 18.63
1978.
04/01/1978 to 07/31/ 39.60
1978.
08/01/1978 to 07/31/ 19.75
1979.
08/01/1979 to 07/31/ 9.82
1980.
------------------------------------------------------------------------
Dated: November 22, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-29727 Filed 12-5-95; 8:45 am]
BILLING CODE 3510-DS-M
