[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5453]
[[Page Unknown]]
[Federal Register: March 10, 1994]
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DEPARTMENT OF COMMERCE
I41[A-588-054]
Tapered Roller Bearings Four Inches or Less in Outside Diameter
and Certain Components Thereof From Japan; Affirmation of the Results
of Redetermination Pursuant to Court Remand
SUMMARY: On September 28, 1993, the United States Court of
International Trade (the Court) affirmed the Department of Commerce's
(the Department) redetermination on remand of the final results and
amendment to 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 (56 FR
26054, June 6, 1991, and 56 FR 31113, July 9, 1991) (NSK Ltd. and NSK
Corporation v. United States, (Slip. Op. 93-121, June 28, 1993) (NSK)).
The results covered the period August 1, 1987 through July 31, 1988.
EFFECTIVE DATE: March 10, 1994.
FOR FURTHER INFORMATION CONTACT:
Maureen Shields or John Kugelman at (202) 482-5253, Office of
Antidumping Compliance, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On June 28, 1993, the Court issued an order remanding to the
Department the final results and amended final results of the 1987-88
administrative review of the antidumping finding on tapered roller
bearings, four inches or less in outside diameter, and components
thereof, from Japan.
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 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.
In NSK, the Court ordered the Department to recalculate NSK's U.S.
inventory carrying costs using the home market short-term interest
rate. Those remand instructions constitute a decision not in harmony
with the Department's final results of review. This notice fulfills the
publication requirements of Timken.
Accordingly, the Department will continue the suspension of
liquidation of the subject merchandise. Further, absent an appeal, or,
if appealed, upon a ``conclusive'' court decision affirming the Court's
opinion, the Department will amend the final results and amendment to
those 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 margin of 16.27 percent in the Department's redetermination on
remand, which was affirmed by the Court.
Dated: March 3, 1994.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-5453 Filed 3-9-94; 8:45 am]
BILLING CODE 3510-DS-M
