[Federal Register Volume 64, Number 62 (Thursday, April 1, 1999)]
[Notices]
[Pages 15729-15730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8039]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-054]
Tapered Roller Bearings, Four Inches or Less in Outside Diameter,
and Components Thereof, 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 December 16, 1991, 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 August 1,
1988 through July 31, 1989. See Tapered Roller Bearings, Four Inches or
Less in Outside Diameter, and Certain Components Thereof, from Japan;
Final Results of Antidumping Duty Administrative Review 56 FR 65228.
Subsequent to our publication of these final results, parties to the
proceeding challenged certain aspects of our final results
determinations before the Court of International Trade (CIT) (the
Court) and, in certain instances, before the United States Court of
Appeals for the Federal Circuit (CAFC).
The Court recently affirmed final remand results with respect to
the 1988-89 final results. As there are now final and conclusive court
decisions with respect to litigation for these final results, where
applicable, we are amending our final results of review and will
subsequently instruct customs to liquidate entries subject to these
reviews.
EFFECTIVE DATE: April 1, 1999.
FOR FURTHER INFORMATION CONTACT: Ilissa Kabak or John Kugelman, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone (202) 482-1395 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
Below is a summary of the litigation for the 1998-1989 final
results for which the Court has 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 Court 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 Court
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 Court with respect to
litigation which affected the respondent's final results.
On December 16, 1991, we published in the Federal Register our
notice of the final results of administrative reviews for the 1988-89
period of review (POR). This notice covered the administrative reviews
for (1) Koyo Seiko Co., Ltd. (Koyo), (2) NSK Ltd. (INSK), (3) Isuzu
Motors, Ltd., (4) Toyota Motors Corporation, and (5) Nachi-Fujikoshi
Corporation. Subsequent to the publication of these final results,
Koyo, NSK, and The Timken Company (Timken), the petitioners in this
case, challenged certain issues before the CIT (Court Nos. 92-01-00047,
92-01-00028, and 92-01-00031, respectively). The CIT has issued final
and conclusive decisions with respect to each of these proceedings.
The decisions issued by the Court with respect to the Department's
final results for Koyo were:
Koyo v. U.S., Slip Op. 93-87 (June 1, 1993) (The CIT
ruled in favor of the Department on all issues and dismissed the
case).
Timken v. U.S., Slip Op,. 94-107 (July 1, 1994) (The
CIT ordered the Department to recalculate the foreign market value
without a circumstance-of-sale adjustment and reconsider its
treatment of commissions and home market pre-sale freight expenses
where foreign market value was calculated using purchase price).
Timken v. U.S., Slip Op. 96-126 (August 7, 1996) (On
December 28, 1994, the CIT granted a stay in the Timken proceedings
pending a decision by the CAFC with respect to the Japanese value
added tax (VAT) issue in Koyo v. U.S., CAFC Nos. 94-1097, -1044.
Based on a motion by plaintiff (Timken), in Slip Op. 96-126 the CIT
lifted the stay in these proceedings and remanded the case to the
Department to apply the tax-neutral VAT adjustment methodology
approved by the CAFC in Koyo v. U.S., 63 F.3d 1572 (Fed. Cir. 1995).
The CIT affirmed these results and dismissed the 92-01-00031
litigation in Slip Op. 98-79 on June 17, 1998).
The decisions issued by the Court with respect to the Department's
final results for NSK were:
NSK v. U.S., Slip OP. 93-211 (November 5, 1993) (The
CIT ruled in favor of the Department on all issues and dismissed the
case.
Timken v. U.S., Slip Op,. 94-107 (July 1, 1994) (The
CIT ordered the Department to recalculate the foreign market value
without a circumstance-of-sale adjustment and reconsider its
treatment of commissions and home market pre-sale freight expenses
where foreign market value was calculated using purchase price).
Timken v. U.S., Slip Op. 96-126 (August 7, 1996) (On
December 28, 1994, the CIT granted a stay in the Timken proceedings
pending a decision by the CAFC with respect to the Japanese value
added tax (VAT) issue in Koyo v. U.S., CAFC Nos. 94-1097, -1044.
Based on a motion by plaintiff (Timken), in Slip Op. 96-126 the CIT
lifted the stay in these proceedings and remanded the case to the
Department to apply the tax-neutral VAT adjustment methodology
approved by the CAFC in Koyo v. U.S., 63 F.3d 1572 (Fed. Cir. 1995).
The CIT affirmed these results and dismissed the 92-01-00031
litigation in Slip Op. 98-79 on June 17, 1998).
Status
All Other Firms: No firms except Koyo and NSK pursued litigation
and the existing litigation had no impact on their final results.
Because the Department has not yet issued instructions to Customs to
liquidate entries made by these firms during the applicable period,
where appropriate, we will issue instructions to Customs to liquidate
entries of merchandise subject to the antidumping funding made by these
firms pursuant to our December 16, 1991, 1998-89 final results.
Koyo: As there are now final and conclusive court decisions with
respect to both the 92-01-00031 (Timken) and 92-01-00047 (Koyo)
litigation, we are amending our final results of review for Koyo based
on the last court order
[[Page 15730]]
which required a recalculation of Koyo's rate (Timken v. U.S., Sip Op.
96-126). The amended final results margin for Koyo is 16.09%. We will
issue instructions to Customs to liquidate entries of subject
merchandise made by Koyo during this period pursuant to these amended
final results.
NSK: As there are now final and conclusive court decisions with
respect to both the 92-01-00031 (Timken) and 92-01-00028 (NSK)
litigation, we are amending our final results of review for NSK based
on the last court order which required a recalculation of NSK's rate
(Timken v. U.S., Slip Op. 96-126). The amended final results margin for
NSK is 6.01%. We will issue instructions to Customs to liquidate
entries of subject merchandise made by NSK during this period pursuant
to these amended final results.
Amendment to Final Determinations
Pursuant to 19 U.S.C. 1516a(e), we are now amending the final
results of the 1988-89 administrative review of the antidumping finding
on TRBs from Japan. The weighted-average margins are:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
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Koyo Seiko Company, Ltd.................................... \1\ 16.09
NSK Ltd.................................................... \1\ 6.01
Isuzu Motors, Ltd.......................................... \2\ 15.89
Toyota Motors Corporation.................................. \2\ 15.89
Nachi-Fujikoshi Corporation................................ \3\ 18.07
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\1\ Pursuant to these amended final results.
\2\ BIA rate-highest rate for any other reviewed firm.
\3\ No shipments, margin from last review in which there were shipments.
The above rates will become the antidumping duty deposit rates for
those firms that have not had a deposit rate established for them in
subsequent reviews.
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.
Individual differences between United States price and foreign market
value may vary from the percentages listed above. The Department will
issue appraisement instructions directly to Customs.
Dated: March 18, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-8039 Filed 3-31-99; 8:45 am]
BILLING CODE 3510-DS-M
