[Federal Register Volume 59, Number 43 (Friday, March 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5033]
[[Page Unknown]]
[Federal Register: March 4, 1994]
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DEPARTMENT OF COMMERCE
[A-428-801]
Antifriction Bearings From Germany; United States Court of
International Trade Decision
AGENCY: International Trade Administration/Import Administration,
Department of Commerce.
SUMMARY: On November 30, 1993, the United States Court of International
Trade (CIT) rejected the Department of Commerce's 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 Germany (56 FR 31692, July 11,
1991). Federal-Mogul Corp. v. United States, (Slip Op. 93-221, November
30, 1993) (Federal-Mogul). Specifically, the CIT rejected the
Department's methodology in the redetermination for calculating the
amount of the tax adjustment that was added to United States price. The
CIT entered final judgment on all issues. The results covered the
period November 9, 1988, through April 30, 1990.
EFFECTIVE DATE: December 10, 1993.
FOR FURTHER INFORMATION CONTACT: Joseph A. Fargo or Richard Rimlinger,
Office of Antidumping Compliance, International Trade Administration,
U.S. Department of Commerce, Washington DC, 20230; telephone (202) 482-
4733.
SUPPLEMENTARY INFORMATION:
Background
On June 4, 1993, the CIT in Federal-Mogul Corp. v. United States,
(Slip Op. 93-96), 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
Germany (56 FR 31692, July 11, 1991) to the Department for the
reconsideration of a number of issues. For one of these issues, the
Court ordered the Department to determine the exact monetary amount of
the value added tax (VAT) paid on each sale in the home market, to make
certain that the amount of the VAT adjustment added to the comparable
U.S. sale is less than or equal to this amount, and to add the full
amount of the VAT in the home market to foreign market value (FMV)
without adjustment. On September 2, 1993, the Department submitted to
the CIT its redetermination on remand on the VAT and other issues. On
November 30, 1993, the CIT ruled upon Commerce's redetermination in
Federal-Mogul. In this decision, the CIT rejected the Department's
redetermination methodology for calculating the amount of the VAT
adjustment added to USP.
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. The CIT's decision in Federal-
Mogul on November 30, 1993, which rejected the Department's
redetermination methodology for calculating the amount of the VAT
adjustment added to USP, constitutes a decision not in harmony with the
Department's final results.
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 antifriction
bearings (other than tapered roller bearings) and parts thereof from
Germany to reflect the change in the VAT adjustment calculation
methodology which was ordered by the CIT and direct liquidation in
accordance with the amended determination.
Dated: February 18, 1994.
Joseph A.Spetrini,
Acting Assistant Secretary For Import Administration.
[FR Doc. 94-5033 Filed 3-3-94; 8:45 am]
BILLING CODE 3510-DS-P
