[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Notices]
[Pages 14075-14076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7626]
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DEPARTMENT OF COMMERCE
[A-570-601]
Court Decision and Continuation of Suspension of Liquidation:
1989-1990 Administrative Review of Tapered Roller Bearings and Parts
Thereof From the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
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EFFECTIVE DATE: March 29, 1996.
FOR FURTHER INFORMATION CONTACT: John Beck, Office of Antidumping
Investigations, Import Administration, U.S. Department of Commerce,
14th Street and Constitution Avenue, N.W., Washington, D.C. 20230,
telephone: (202) 482-3464.
SUMMARY: On February 27, 1996, in the case of UCF America Inc. and
Universal Automotive Co., Ltd. v. United States and the Timken Company,
Cons. Ct. No. 92-01-00049, Slip Op. 96-42 (UCF), the United States
Court of International Trade (the Court) affirmed in part the
Department of Commerce's (the Department's) results of redetermination
on remand of the Final Results of Sales at Less Than Fair Value: 1989-
1990 Administrative Review of Tapered Roller Bearings and Parts Thereof
from the People's Republic of China. Consistent with the decision of
the United States Court of Appeals for the Federal Circuit (Federal
Circuit) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990)
(Timken), the Department will not order the liquidation of the subject
merchandise entered or withdrawn from warehouse for consumption prior
to a ``conclusive'' decision in this case.
SUPPLEMENTARY INFORMATION:
Background
During 1987, the Department completed its investigation of tapered
roller bearings from the People's Republic of China (Final
Determination of Sales at Less Than Fair Value: Tapered Roller Bearings
From the People's Republic of China (52 FR 19748, May 27, 1987)). In
addition to setting a rate for Premier Bearing (a Hong Kong trading
company), the Department issued an ``all others'' rate of 0.97 percent.
Subsequently, interested parties challenged the final
determination. The
[[Page 14076]]
Court remanded the case and, on February 26, 1990, the Department
issued an amendment to the final determination (Amendment to Final
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order in Accordance With Decision Upon Remand: Tapered Roller Bearings
From the People's Republic of China (55 FR 6669, Feb. 26, 1990)). In
its amendment, the Department issued a new ``all others'' rate of 2.96
percent.
On July 26, 1990, the Department initiated the third administrative
review of tapered roller bearings from the People's Republic of China,
covering the period June 1, 1989 through May 31, 1990 (Initiation of
Antidumping Duty Administrative Reviews (55 FR 30490, July 26, 1990)).
The Department initiated on CMEC (a state trading company) and Premier.
In 1991, the Department established a new policy concerning non-
market economies. Under this policy, all non-market economy exporters
are presumed to be a single enterprise controlled by the central
government, which receives a single rate (the ``PRC rate'') (see the
Final Determination of Sales At Less Than Fair Value: Heavy Forged Hand
Tools, Finished or Unfinished, With or Without Handles, From the
People's Republic of China (56 FR 241, Jan. 3, 1991); and Final Results
of Antidumping Duty Administrative Review: Iron Construction Castings
from the People's Republic of China (56 FR 2742, Jan. 24, 1991)). A
company is entitled to a separate rate only if it establishes that it
is not subject to de jure or de facto control by the central government
(see the Final Determination of Sales at Less Than Fair Value: Silicon
Carbide from the People's Republic of China (59 FR 22585, May 2,
1994)).
The Department issued its preliminary results for the third
administrative review of TRB's from the PRC on October 4, 1991
(Preliminary Results of Antidumping Duty Administrative Review: Tapered
Roller Bearings and Parts Thereof From the People's Republic of China
(56 FR 50309, Oct. 4, 1991)). The Department preliminarily issued
separate rates to all reviewed companies. Id. at 50310.
On December 31, 1991, the Department issued its final results
(Final Results of Antidumping Duty Administrative Review: Tapered
Roller Bearings and Parts Thereof From the People's Republic of China
(56 FR 67590, Dec. 31, 1991)). The Department issued separate rates for
all companies participating in the review. For non-reviewed companies,
the Department issued ``an `all others' rate equal to the highest rate
for any company in this administrative review.'' Id. at 67597.
Interested parties challenged the results of the third
administrative review. On December 5, 1994, the CIT issued its opinion
in UCF America v. United States, 870 F. Supp. 1120 (CIT 1994),
remanding the results to the Department. The CIT instructed the
Department to: 1) reinstate the ``all others'' cash deposit rate to
unreviewed companies which was applicable prior to the final results
for entries which have not become subject to assessment pursuant to a
subsequent administrative review; and 2) eliminate the arithmetic error
with regard to Jilin's foreign inland freight costs.
The Department filed its remand results on March 6, 1995. In the
remand results, the Department: 1) reinstated the PRC rate for the
third review at 2.96 percent and 2) corrected the error in the foreign
inland freight calculation for Jilin. However, the Department stated
that while it agreed that it incorrectly established an ``all others''
rate of 8.83 percent in the final results of the review, its reasoning
differed from that of the Court.
On February 27, 1996, the Court sustained the Department's remand
results (see UCF America Inc. and Universal Automotive Co., Ltd. v.
United States and the Timken Company, Cons. Ct. No. 92-01-00049, Slip
Op. 96-42. The Court stated that it ``sees no basis for a ``PRC rate''
but finds that Commerce properly 1) reinstated the ``all others'' cash
deposit rate of 2.96% to unreviewed companies for entries which have
not become subject to assessment pursuant to a subsequent
administrative review; and 2) corrected the arithmetic error related to
foreign inland freight costs for Jilin Machinery Import and Export
Corporation.'' Thus, the Court sustained the rate applied by the
Department but rejected the ``PRC rate'' terminology.
Continuation of Suspension of Liquidation
In its decision in Timken, the Federal Circuit held that, pursuant
to 19 U.S.C. 1516a(e), the Department must publish notice of a decision
of the Court or Federal Circuit which is ``not in harmony'' with the
Department's determination. Publication of this notice fulfills this
obligation. The Federal Circuit also held that in such a case, the
Department must suspend liquidation until there is a ``conclusive''
decision in the action. A ``conclusive'' decision cannot be reached
until the opportunity to appeal expires or any appeal is decided by the
Federal Circuit. Therefore, the Department will continue to suspend
liquidation at the current rates pending the expiration of the period
to appeal or pending a final decision of the Federal Circuit if UCF is
appealed.
Dated: March 21, 1996.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 96-7626 Filed 3-28-96; 8:45 am]
BILLING CODE 3510-DS-P
