[Federal Register Volume 63, Number 69 (Friday, April 10, 1998)]
[Notices]
[Pages 17815-17820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9546]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-054 and A-588-604]
Tapered Roller Bearings, Four Inches or Less in Outside Diameter,
and Components Thereof, from Japan, and Tapered Roller Bearings,
Finished and Unfinished, and Parts 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: Since the publication of the August 18, 1976, antidumping
finding on tapered roller bearings (TRBs), four inches or less in
outside diameter, and components thereof, from Japan (41 FR 34974) (the
A-588-054 TRBs case), and the October 6, 1987, antidumping duty order
on TRBs, finished and unfinished, and parts thereof, from Japan (52 FR
37352) (the A-588-604 TRBs case), the Department of Commerce (the
Department) has published final results in the TRBs cases as follows:
------------------------------------------------------------------------
Date of publication Periods reviewed
------------------------------------------------------------------------
For the A-588-054 Case
------------------------------------------------------------------------
6/15/82, 3/9/84, and 6/1/90......... 1974-79.
11/10/94............................ 1979-86.
9/20/90............................. 1986-87.
6/6/91.............................. 1987-88.
12/16/91............................ 1988-89.
2/11/92............................. 1989-90.
3/16/92............................. 1989-90 (amended).
12/9/93............................. 1990-92.
1/18/94............................. 1990-92 (amended).
11/7/96............................. 1992-93.
------------------------------------------------------------------------
For the A-588-604 Case
------------------------------------------------------------------------
8/21/91............................. 1987-88.
2/11/92............................. 1988-89.
2/11/92............................. 1989-90.
3/16/92............................. 1989-90 (amended).
12/9/93............................. 1990-92.
1/18/94............................. 1990-92 (amended).
11/7/96............................. 1992-93.
3/13/97............................. 1994-95.
3/13/97............................. 1994-95.
------------------------------------------------------------------------
Subsequent to our publication of each of the above final results of
administrative reviews, parties to the proceedings challenged certain
aspects of our final results determinations before the Court of
International Trade (CIT) and, in certain instances, before the United
States Court of Appeals for the Federal Circuit (CAFC) (collectively,
the Court).
With respect to the 1974-79 A-588-054 final results and the 1987-88
A-588-054 final results, we have already issued instructions to the
U.S. Customs Service (Customs) to liquidate entries of TRBs within the
scope of the A-588-054 finding during these periods as a result of
final and conclusive court decisions made with respect to the
litigation for these proceedings at earlier dates.
With respect to the 1988-89 final results for the A-588-054 case
and the 1992-93 and 1994-95 final results for both TRBs cases, the
Court has not yet issued final and conclusive decisions. Therefore, we
are unable at this time to publish amended final results for these
periods and we are unable to instruct Customs to liquidate entries of
subject merchandise made by certain manufacturers/exporters during
these periods.
The Court, however, recently affirmed final remand results
affecting final assessment rates for certain manufacturers/exporters
for the 1979-86 A-588-054, 1986-87 A-588-054, 1987-88 A-588-604, 1988-
89 A-588-604, 1989-90 A-588-054, 1989-90 A-588-604, and the 1990-92 A-
588-054 and A-588-604 proceedings. As there are now final and
conclusive court decisions with respect to certain 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 10, 1998.
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) 482-0145 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
Below is a summary of the litigation for each of the TRBs final
results for which the Court has issued final and conclusive decisions.
The summary highlights those court orders/decisions which were not in
harmony with the Department's original final results and/or required a
recalculation of a respondent's final results margin. It is important
to note that, due to the fact that litigation for each TRBs final
results was unconsolidated, often the Court issued two or more orders
throughout the course of litigation for a given final results 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, our recalculation
pursuant to the last order requiring a recalculation of a respondent's
final results margin reflects the final amended margin for the
respondent, provided that final and conclusive decisions have been made
by the Court with respect to each segment of litigation which impacted
the respondent's final results.
[[Page 17816]]
A. The 1979-86 Period for A-588-054
Summary
On November 10, 1994, we published in the Federal Register our
notice of the final results of administrative reviews for the 1979-86
periods of review (POR) in the A-588-054 TRBs case (59 FR 56035). This
notice covered the administrative reviews for 1) Koyo Seiko Co., Ltd.
(Koyo) for the 1979-86 PORs, 2) NSK Ltd. (NSK) for the 1980-86 PORs, 3)
Mitsubishi Corporation and Sumitomo Yale Co., Ltd. for the 1980-85
PORs, and 4) Sumitomo Corporation, Nachi-Fujikoshi, Niigata Converter,
Toyosha, Toyota, Yamaha, Suzuki, Maekawa Bearing Manufacturer, Nissan,
Mazda, and MC International for the 1985-86 POR. Subsequent to the
publication of these final results NSK and Koyo challenged certain
issues before the CIT (Court Nos. 94-12-00771 and 94-12-00779,
respectively). The CIT has issued final and conclusive decisions with
respect to the 94-12-00771 (NSK) litigation and the 94-12-00779 (Koyo)
litigation.
The opinions/decisions issued by the Court with respect to Koyo's
final results which were not in harmony with and/or required a
recalculation of Koyo's final results were:
Koyo v. U.S., Slip Op. 96-122 (August 5, 1996) (The CIT
ruled in favor of the Department on all issues and dismissed the case).
Koyo v. U.S., CAFC Appeal No. 97-1031 (July 22, 1997
decision and September 12, 1997 mandate) (The CAFC overturned the CIT's
decision in Slip Op. 96-122 and ordered the Department to reconsider
the treatment of Koyo's U.S. sample sales).
Koyo v. U.S., Slip Op. 97-134 (September 18, 1997) (The
CIT's remand in light of the CAFC's July 22 decision and September 12
mandate) affirmed/dismissed, Slip Op. 97-169 (December 8, 1997).
Status
All Other Firms: All firms except NSK and Koyo did not pursue
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
periods, where appropriate, we will issue instructions to Customs to
liquidate entries of A-588-054 merchandise made by these firms pursuant
to our November 10, 1994, 1979-86 final results.
NSK: The CIT issued only one order with respect to the 94-12-00771
(NSK) litigation (NSK v. U.S., Slip Op. 96-157 September 12, 1996).
Because this order was in harmony with the Department's final results
for NSK and there was no other segment of litigation for these periods
which impacted NSK's 1980-86 final results, Slip Op. 96-157 stands as
the final and conclusive court decision with respect to NSK's final
results. Because this order did not require a recalculation of NSK's
1980-86 final results margins, we will instruct Customs to liquidate
entries of A-588-054 merchandise made by NSK during the 1980-86 PORs
pursuant to our November 10, 1994 final results.
Koyo: The CIT issued one order with respect to the 94-12-00779
(Koyo) litigation (Koyo v. U.S., Slip Op. 97-134 September 18, 1997).
Because this order did not require a recalculation of Koyo's 1979-86
final results margins, we will instruct Customs to liquidate entries of
A-588-054 merchandise made by Koyo during the 1979-86 PORs pursuant to
our November 10, 1994 final results.
B. The 1986-87 Period for A-588-054
Summary
On September 20, 1990, we published in the Federal Register our
final results of administrative review for the 1986-87 POR in the A-
588-054 TRBs case (55 FR 38720). This notice covered the administrative
reviews for Koyo, Isuzu Motors, Toyota, Nissan Motor Company, and Nachi
Fujikoshi. Subsequent to our publication of these final results, Koyo
(with Isuzu as plaintiff-intervenor), NSK, and the Timken Company
(Timken), the petitioner in both cases, challenged aspects of our final
results before the CIT (Court Nos. 90-10-00546, 90-10-00543, and 90-10-
00548, respectively). The CIT has issued final and conclusive decisions
with respect to each segment of the litigation for these final results.
The opinions/decisions issued by the Court with respect to Koyo's
final results which were not in harmony with and/or required a
recalculation of Koyo's final results were:
Koyo and Isuzu v. U.S., Slip Op. 93-3 (January 8, 1993).
Timken v. U.S., Slip Op. 92-209 (November 25, 1992),
affirmed/dismissed, Slip Op. 93-100 (June 8, 1993).
Koyo and Isuzu v. U.S., CAFC No. 93-1525, 1534 (September
30, 1994 decision and October 21, 1994 mandate) (The CAFC overturned
the CIT's order in Slip Op. 93-3 to add U.S. direct expenses to foreign
market value in exporter's sales price calculations).
Koyo and Isuzu v. U.S., Slip Op. 94-177 (November 14,
1994) (The CIT's remand in light of the CAFC's September 30 decision
and October 21 mandate) affirmed/dismissed, Slip Op. 95-41 (March 14,
1995).
The opinions/decisions issued by the Court with respect to NSK's
final results which were not in harmony with and/or required a
recalculation of NSK's final results were:
NSK v. U.S., Slip Op. 92-205 (November 19, 1992).
Timken v. U.S., Slip Op. 92-209 (November 25, 1992)
affirmed/dismissed, Slip Op. 93-100 (June 8, 1993).
NSK v. U.S., Slip Op. 93-47 (March 30, 1993) affirmed/
dismissed, Slip Op. 93-100 (June 8, 1993).
While Timken appealed an issue to the CAFC which affected both NSK
and Koyo (Timken v. U.S., CAFC Appeal No. 92-1312, 1955), the CAFC's
September 27, 1994 decision did not require any further recalculation
of NSK's or Koyo's margins and affirmed the CIT's determinations with
respect to the 90-10-00543, -00546, and -00548 litigation.
Status
All Other Firms: All firms noted above, except Koyo and NSK, did
not pursue litigation and none of the existing litigation had any
effect on their final results. Because the Department has not yet
issued instructions to Customs with respect to these firms, where
appropriate, we will instruct Customs to liquidate entries of A-588-054
merchandise made by these firms during the 1986-87 period pursuant to
our September 20, 1990 final results.
NSK: As there are now final and conclusive court decisions with
respect to the 90-10-00543 (NSK) and 90-10-00548 (Timken) 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 (NSK v. U.S.,
Slip Op. 93-47). Because the margin we calculated for NSK pursuant to
this order reflected all prior recalculations made to NSK's margin
pursuant to earlier orders, the amended final results margin for NSK
for the 1986-87 period for A-588-054 merchandise is that which we
calculated pursuant to Slip Op. 93-47 (15.41 percent). We will
subsequently issue instructions to Customs to liquidate entries of A-
588-054 merchandise made by NSK pursuant to these amended final
results.
Koyo: As there are now final and conclusive court decisions with
respect to the 90-10-00546 (Koyo) and 90-10-00548 (Timken) litigation,
we are amending our final results of review for Koyo based on the last
court order which required a recalculation of Koyo's rate (Koyo v.
U.S., Slip Op. 94-177).
[[Page 17817]]
Because the margin we calculated for Koyo pursuant to this order
reflected all prior recalculations made to Koyo's margin pursuant to
earlier orders, the amended final results margin for Koyo for the 1986-
87 period for A-588-054 merchandise is that which we calculated
pursuant to Slip Op. 92-47 (40.89 percent). We will subsequently issue
instructions to Customs to liquidate entries of A-588-054 merchandise
made by Koyo pursuant to these amended final results.
C. The 1987-88 Period for A-588-604
Summary
On August 21, 1991, we published in the Federal Register our final
results for the 1987-88 review of the A-588-604 TRBs case (56 FR
41508). This notice contained our final results for NTN Corporation
(NTN) and Koyo. Subsequent to our publication of these final results
Koyo, NTN, and Timken challenged certain aspects of our final results
before the CIT (Court Nos. 91-09-00704, 91-09-00695, and 91-09-00697,
respectively). The CIT has issued final and conclusive decisions with
respect to each segment of litigation for these final results.
The opinions/decisions issued by the Court with respect to NTN's
final results which were not in harmony with and/or required a
recalculation of NTN's final results margin were:
NTN v. U.S., Slip Op. 93-204 (October 22, 1993) affirmed/
dismissed, Slip Op. 94-95 (February 11, 1994).
Timken v. U.S., Slip Op. 94-87 (May 27, 1994) affirmed/
dismissed, Slip Op. 95-55 (March 31, 1995).
While NTN appealed to the CAFC in NTN v. U.S., CAFC Appeal No. 94-
1271, the CAFC's November 7, 1994 decision required no recalculation of
NTN's margin and dismissed the 91-09-00695 proceeding.
Status
NTN: As there are now final and conclusive court decisions with
respect to the 91-09-00695 (NTN) and 91-09-00697 (Timken) litigation,
we are amending our final results of review for NTN based on the last
court order which required a recalculation of NTN's rate (Timken v.
U.S., Slip Op. 94-87). Because the margin we calculated for NTN
pursuant to Slip Op. 94-87 reflected previous recalculations of NTN's
rate we made pursuant to earlier orders, the amended final results
margin for NTN is that which we calculated pursuant to Slip Op. 94-87
(10.19%). We will subsequently issue instructions to Customs to
liquidate entries of A-588-604 merchandise made by NTN during this
period pursuant to these amended final results.
Koyo: Although there are now final and conclusive court decisions
with respect to each segment of the litigation which affects Koyo's
1987-88 A-588-604 final results, we cannot amend our final results of
review for Koyo based on the last court order (Koyo v. U.S., Slip Op.
95-193) at this time due to pending litigation regarding the forgings
case (Timken v. U.S., Slip Op. 97-109). Upon completion of the forgings
litigation at the CIT, we will publish an amended final results of this
review.
D. The 1988-89 Period for A-588-604
Summary
On February 11, 1992, we published in the Federal Register the
final results of our 1988-89 review of the A-588-604 case (57 FR 4951).
These final results covered Koyo, NSK, NTN, and Nachi. Subsequent to
the publication of these final results Timken, NTN, Koyo, and NSK
challenged certain aspects of our final results before the CIT (Court
numbers 92-03-00162, 92-03-00167, 92-03-00169, and 92-03-00158,
respectively). The CIT has issued final and conclusive decisions with
respect to each segment of the litigation for these final results.
The opinions/decisions issued by the Court with respect to NTN's
final results which were not in harmony with and/or required a
recalculation of NTN's final results margin were:
NTN v. U.S., Slip Op. 94-123 (June 8, 1994) affirmed/
dismissed, Slip Op. 95-52 (March 27, 1995).
NTN v. U.S., Slip Op 94-108 (July 6, 1994) affirmed/
dismissed, Slip Op. 95-52 (March 27, 1995).
Timken v. U.S., Slip Op. 94-150 (September 20, 1994)
affirmed/dismissed, Slip Op. 95-26 (February 24, 1995).
NTN v. U.S., CAFC No. 95-1356 (March 19, 1996 decision and
March 20, 1996 mandate) (The CAFC overturned the CIT's order in Slip
Op. 94-108 and ordered the Department to remove the 10-percent cap from
the Department's sum-of-the-deviations TRBs model-match methodology).
NTN v. U.S., Slip Op 96-93 (June 12, 1996) (The CIT's
remand to the Department in light of the CAFC's March 19th decision and
March 20th mandate) affirmed/dismissed, Slip Op. 96-155 (September 6,
1996).
The opinions/decisions issued by the Court with respect to NSK's
final results which were not in harmony with and/or required a
recalculation of NSK's final results margin were:
Timken v. U.S., Slip Op. 94-150 (September 20, 1994)
affirmed/dismissed, Slip Op. 95-26 (February 24, 1995).
NSK v. U.S., Slip Op. 94-182 (November 28, 1994) affirmed/
dismissed, Slip Op. 95-43 (March 14, 1995).
Status
NTN: As there are now final and conclusive court decisions with
respect to the 92-03-00167 (NTN) and 92-03-00162 (Timken) litigation,
we are amending our final results of review for NTN based on the last
court order which required a recalculation of NTN's rate (NTN v. U.S.,
Slip Op. 96-93). Because the margin we calculated for NTN pursuant to
this order reflected previous recalculations of NTN's rate we made
pursuant to earlier orders, the amended final results margin for NTN is
that which we calculated pursuant to Slip Op. 96-93 (7.08%). We will
subsequently issue instructions to Customs to liquidate NTN's entries
of subject merchandise during this period pursuant to these amended
final results.
NSK: As there are now final and conclusive court decisions with
respect to the 92-03-00158 (NSK) and 92-03-00162 (Timken) 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 (NSK v. U.S.,
Slip Op. 94-182). Because the margin we calculated for NSK pursuant to
this order reflected previous recalculations of NSK's rate we made
pursuant to earlier orders, the amended final results margin for NSK is
that which we calculated pursuant to Slip Op. 94-182 (15.59%). We will
subsequently issue instructions to Customs to liquidate NSK's entries
of subject merchandise during this period pursuant to these amended
final results.
Koyo: Although there are now final and conclusive court decisions
with respect to each segment of the litigation which affects Koyo's
1988-89 A-588-604 final results, we cannot amend our final results of
review for Koyo based on the last court order (Koyo v. U.S., Slip Op.
95-193) at this time due to pending litigation regarding the forgings
case (Timken v. U.S., Slip Op. 97-109). Upon completion of the forgings
litigation at the CIT, we will publish an amended final results of this
review.
F. The 1989-90 Period for A-588-054
Summary
On February 11, 1992, we published in the Federal Register the
1989-90 final results for the A-588-054 case (57 FR 4975), and on March
16, 1992, we published an amendment to these final results (57 FR
9105). Subsequent to the
[[Page 17818]]
publication of these final and amended final results, Timken, Koyo, and
NSK challenged various aspects of our final results before the CIT
(Court Nos. 92-03-00163, 92-03-00170, and 92-03-00159, respectively).
The CIT has issued final and conclusive decisions with respect to each
segment of the litigation for these final results.
The opinions/decisions issued by the Court which were not in
harmony with and/or required a recalculation of Koyo's final results
margin were:
Koyo v. U.S., Slip Op. 94-127 (August 11, 1995) affirmed/
dismissed, Slip Op. 95-63 (April 13, 1995).
Timken v. U.S., Slip Op. 94-157 (October 7, 1994).
Timken v. U.S., Slip Op. 96-127 (August 7, 1996) (On April
13, 1995 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. 96-127 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). We filed our final remand results
pursuant to Slip Op. 96-127 on September 7, 1996. These results were
affirmed and the CIT dismissed the 92-03-00163 litigation on October
18, 1996).
The opinions/decisions issued by the Court which were not in
harmony with and/or required a recalculation of NSK's final results
margin were:
Timken v. U.S., Slip Op. 94-157 (October 7, 1994).
Timken v. U.S., Slip Op. 96-127 (August 7, 1996) (As
explained above for Koyo, the CIT granted a stay in the Timken
proceedings pending a decision by the CAFC with respect to the Japanese
VAT issue in Koyo v. U.S., CAFC Nos. 94-1097, -1044. Based on a motion
by plaintiff (Timken), in Slip Op. 96-127 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). However, it was not until after
the CIT affirmed our September 7, 1996 remand results on October 18,
1996 that we realized that we inadvertently excluded NSK from our
September 7, 1996 recalculations pursuant to Slip Op. 96-127. We sought
to amend our September 7, 1996 final remand results to include NSK's
recalculation but, based on the extremely small effect the
recalculation had on NSK's final results margin, and the fact that the
CIT had already affirmed our remand results and dismissed the 92-03-
00163 litigation, NSK agreed that amended remand results were
unnecessary).
While the CIT also issued an order in the 92-03-00159 (NSK)
litigation (NSK v. U.S., Slip Op. 94-22, February 8, 1994), the CIT's
opinion in this order was in harmony with the Department's final
results and did not require a recalculation of NSK's margin. As a
result, it stands as the Court's final and conclusive decision with
respect to the 92-03-00159 litigation.
Status
Koyo: As there are now final and conclusive court decisions with
respect to both the 92-03-00163 (Timken) and 92-03-00170 (Koyo)
litigation, we are amending our final results of review for Koyo based
on the last court order which required a recalculation of Koyo's rate
(Timken v. U.S., Slip Op. 96-127). Because the margin we calculated for
Koyo pursuant to Slip Op. 96-127 reflected previous recalculations of
Koyo's rate we made pursuant to earlier orders, the amended final
results margin for Koyo is that which we calculated pursuant to Slip
Op. 96-127 (15.96%). We will subsequently 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 each segment of the litigation affecting NSK's final
results, we are amending our final results of review for NSK based on
that which we calculated pursuant to Timken v. U.S., Slip Op. 94-157.
As indicated in our summary above, while Slip Op. 96-127 is technically
the last order which called for a recalculation of NSK's final results
margin, we inadvertently did not include NSK in our recalculations
pursuant to this order and did not amend these remand results with
NSK's agreement. Therefore, the last calculated rate for NSK for this
period is that which we calculated pursuant to Slip Op. 94-157 (2.76%).
We will subsequently issue instructions to Customs to liquidate entries
of subject merchandise made by NSK during this period pursuant to these
amended final results.
G. The 1989-90 Final Results for A-588-604
Summary
On February 11, 1992, we published in the Federal Register the
final results of our 1989-90 review of the A-588-604 TRBs case (57 FR
4960). On March 16, 1992, we published amended final results for this
same period (57 FR 9104). These final results covered the
administrative reviews for Koyo, NTN, NSK, and Nachi. Subsequent to the
publication of these final results, Timken, Koyo, NTN, and NSK
challenged certain aspects of our final results before the CIT (Court
numbers 92-03-00161, 93-03-00156, 92-03-00168, -00257, and 92-03-00157,
respectively). While the CIT has issued final and conclusive decisions
with respect to the 92-03-00161 (Timken), 93-03-00156 (NSK), and 92-03-
00157 (Koyo) litigation, it has yet to issue a final and conclusive
decision for the NTN segment of the litigation for these final results.
The opinions/decisions issued by the Court which were not in
harmony with and/or required a recalculation of NSK's final results
margin were:
Timken v. U.S., Slip Op. 94-141 (September 14, 1994)
affirmed/dismissed, Slip Op. 95-26 (February 10, 1995).
While the CIT also issued an order with respect to the 92-03-00157
(NSK) litigation (Slip Op. 93-89, June 1, 1993), the order was in
harmony with the Department's final results for NSK, did not require a
recalculation of NSK's final results margin, and dismissed the NSK
litigation. As a result, Slip Op. 93-89 stands as the final and
conclusive court decision with respect to the 92-03-00157 (NSK)
litigation.
Status
NSK: As there are now final and conclusive court decisions with
respect to each segment of the litigation affecting NSK's final
results, we are amending our final results of review for NSK based on
that which we calculated pursuant to Timken v. U.S., Slip Op. 94-141.
Because the margin we calculated for NSK pursuant to Slip Op. 94-141
reflects our only recalculation of NSK's margin, the amended final
results margin for NSK is that which we calculated pursuant to Slip Op.
94-141 (1.54%). We will subsequently issue instructions to Customs to
liquidate entries of subject merchandise made by NSK during this period
pursuant to these amended final results.
NTN: Because the Court has not yet issued a final and conclusive
decision with respect to the NTN segment of litigation for these final
results, we are unable at this time to instruct Customs to liquidate
entries of subject merchandise made by NTN during the 1989-90 period.
Upon the issuance of a final and conclusive Court decision with respect
to this litigation, we will publish amended final results for NTN
[[Page 17819]]
and will subsequently issue instructions to Customs to liquidate
entries of A-588-604 merchandise made by NTN during this period.
Koyo: Although there are now final and conclusive court decisions
with respect to both the 92-03-00161 (Timken) and 92-03-00156 (Koyo)
litigation, we cannot amend our final results of review for Koyo based
on the last court order (Koyo v. U.S., Slip Op. 95-193) at this time
due to pending litigation regarding the forgings case (Timken v. U.S.,
Slip Op. 97-109). Upon completion of the forgings litigation at the
CIT, we will publish an amended final results of this review.
H. The 1990-92 Period for A-588-054 and A-588-604
Summary
On December 9, 1993, we published in the Federal Register the 1990-
92 final results for the A-588-054 and A-588-604 reviews (58 FR 64720).
Subsequent to the publication of these final results, Timken, Koyo,
NSK, and NTN challenged various aspects of our final results before the
CIT (Court Nos. 94-01-00008, 93-12-00795, 93-12-00831, and 93-12-
000793, respectively). The CIT has issued final and conclusive
decisions with respect to each segment of the litigation for these
final results.
The opinions/decisions issued by the Court which were not in
harmony with and/or required a recalculation of Koyo's final results
margin were:
Koyo v. U.S., Slip Op. 96-101 (June 19, 1996) affirmed/
dismissed, Slip Op. 96-173 (October 25, 1996).
Timken v. U.S., Slip Op. 96-86 (May 31, 1996) affirmed/
dismissed, Slip Op. 97-87 (July 3, 1997).
The opinions/decisions issued by the Court which were not in
harmony with and/or required a recalculation of NSK's final results
margin were:
NSK v. U.S., Slip Op. 96-53 (March 13, 1996) affirmed/
dismissed, Slip Op. 96-174 (October 25, 1996).
NSK v. U.S., Slip Op. 95-204 (December 18, 1995) affirmed/
dismissed, Slip Op. 96-118 (July 26, 1996).
Timken v. U.S., Slip Op. 96-86 (May 31, 1996) affirmed/
dismissed, Slip Op. 97-87 (July 3, 1997).
The opinions/decisions issued by the Court which were not in
harmony with and/or required a recalculation of NTN's final results
margin were:
Timken v. U.S., Slip Op. 96-86 (May 31, 1996) affirmed/
dismissed, Slip Op. 97-87 (July 3, 1997).
Status
Nachi: Nachi did not pursue litigation and the existing litigation
had no impact on its final results. Because the Department has not yet
issued instructions to Customs to liquidate entries made by this firm
during the applicable periods, where appropriate, we will issue
instructions to Customs to liquidate entries of A-588-054 and A-588-604
merchandise made by Nachi pursuant to our January 18, 1994 amended
final results.
Koyo: As there are now final and conclusive court decisions with
respect to each segment of the litigation affecting Koyo's final
results, we are amending our final results of review for Koyo based on
that which we calculated pursuant to Timken v. U.S., Slip Op. 96-86.
Because the margin we calculated for Koyo pursuant to Slip Op. 96-86
reflected all prior recalculations made to Koyo's margin pursuant to
earlier orders, the amended final results margin for Koyo for the 1990-
91 and 1991-92 periods for A-588-054 merchandise is that which we
calculated pursuant to Slip Op. 96-86 (23.97% for 1990-91 and 35.37%
for 1991-92). We will subsequently issue instructions to Customs to
liquidate entries of A-588-054 merchandise made by Koyo during these
periods pursuant to these amended final results.
Although there are now final and conclusive court decisions with
respect to both the 94-01-00008 (Timken) and 93-12-00795 (Koyo)
litigation, at this time we cannot amend our final results of review
for Koyo for A-588-604 merchandise based on the last court order (Koyo
v. U.S., Slip Op. 95-193) due to pending litigation regarding the
forgings case (Timken v. U.S., Slip Op. 97-109). Upon completion of the
forgings litigation at the CIT, we will publish an amended final
results of this review for A-588-604 merchandise.
NSK: As there are now final and conclusive court decisions with
respect to each segment of the litigation affecting NSK's final
results, we are amending our final results of review for NSK based on
that which we calculated pursuant to Timken v. U.S., Slip Op. 96-86.
Because the margin we calculated for NSK pursuant to Slip Op. 96-86
reflected all prior recalculations made to NSK's margin pursuant to
earlier orders, the amended final results margin for NSK for the 1990-
91 and 1991-92 periods for A-588-054 and A-588-604 merchandise is that
which we calculated pursuant to Slip Op. 96-86. The margins for the A-
588-054 merchandise are 17.87% for 1990-91 and 12.66% for 1991-92,
while the margins for the A-588-604 merchandise are 12.17% for 1990-91
and 8.40% for 1991-92. We will subsequently issue instructions to
Customs to liquidate entries of subject merchandise made by NSK during
this period pursuant to these amended final results.
NTN: As there are now final and conclusive court decisions with
respect to each segment of the litigation affecting NTN's final
results, we are amending our final results of review for NTN based on
the that which we calculated pursuant to Timken v. U.S., Slip Op. 96-
86. Because the margin we calculated for NTN pursuant to Slip Op. 96-86
reflected all prior recalculations made to NTN's margin pursuant to
earlier orders, the amended final results margin for NTN for the 1990-
91 and 1991-92 periods for A-588-604 merchandise is that which we
calculated pursuant to Slip Op. 96-86 (16.03% for 1990-91 and 19.25%
for 1991-92). We will subsequently issue instructions to Customs to
liquidate entries of A-588-604 merchandise made by NTN 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 administrative reviews of the antidumping duty order and
finding on TRBs from Japan. The weighted-average margins are as
follows.
------------------------------------------------------------------------
Final
results
Period Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
For the A-588-054 Case
------------------------------------------------------------------------
8/1/79-7/31/80...................... Koyo................... (\1\).
8/1/80-7/31/81...................... NSK.................... (\1\).
8/1/80-7/31/81...................... Koyo................... (\1\).
8/1/80-7/31/81...................... Mitsubishi Corp........ (\1\).
8/1/80-7/31/81...................... Sumitomo Yale.......... (\1\).
8/1/81-7/31/82...................... NSK.................... (\1\).
8/1/81-7/31/82...................... Koyo................... (\1\).
8/1/81-7/31/82...................... Mitsubishi Corp........ (\1\).
8/1/81-7/31/82...................... Sumitomo Yale.......... (\1\).
8/1/82-7/31/83...................... NSK.................... (\1\).
8/1/82-7/31/83...................... Koyo................... (\1\).
8/1/82-7/31/83...................... Mitsubishi Corp........ (\1\).
8/1/82-7/31/83...................... Sumitomo Yale.......... (\1\).
8/1/83-7/31/84...................... NSK.................... (\1\).
8/1/83-7/31/84...................... Koyo................... (\1\).
8/1/83-7/31/84...................... Mitsubishi Corp........ (\1\).
8/1/83-7/31/84...................... Sumitomo Yale.......... (\1\).
8/1/84-7/31/85...................... NSK.................... (\1\).
8/1/84-7/31/85...................... Koyo................... (\1\).
8/1/84-7/31/85...................... Mitsubishi Corp........ (\1\).
8/1/84-7/31/85...................... Sumitomo Yale.......... (\1\).
8/1/85-7/31/86...................... NSK.................... (\1\).
8/1/85-7/31/86...................... Koyo................... (\1\).
8/1/85-7/31/86...................... Sumitomo Corp.......... (\2\).
8/1/85-7/31/86...................... Nachi.................. (\2\).
8/1/85-7/31/86...................... Toyosha................ (\1\).
8/1/85-7/31/86...................... Toyota................. (\1\).
8/1/85-7/31/86...................... Yamaha................. (\1\).
[[Page 17820]]
8/1/85-7/31/86...................... Suzuki................. (\1\).
8/1/85-7/31/86...................... Maekawa................ (\1\).
8/1/85-7/31/86...................... Nissan................. (\3\).
8/1/85-7/31/86...................... Mazda.................. (\4\).
8/1/85-7/31/86...................... MC International....... (\3\).
8/1/85-7/31/86...................... Niigata Converter...... (\2\).
8/1/86-7/31/87...................... Koyo................... \5\ 40.89
.
8/1/86-7/31/87...................... NSK.................... \5\ 15.41
.
8/1/86-7/31/87...................... Toyota................. (\1\).
8/1/86-7/31/87...................... Nissan................. (\1\).
8/1/86-7/31/87...................... Nachi.................. (\2\).
8/1/86-7/31/87...................... Isuzu.................. \6\ 40.89
.
8/1/89-7/31/90...................... Koyo................... \5\ 15.96
.
8/1/89-7/31/90...................... NSK.................... \5\ 2.76.
8/1/89-7/31/90...................... Nachi.................. (\2\).
8/1/90-7/31/91...................... Nachi.................. \1\ 18.07
.
8/1/90-7/31/91...................... Koyo................... \5\ 23.97
.
8/1/90-7/31/91...................... NSK.................... \5\ 17.87
.
8/1/91-7/31/92...................... Nachi.................. \1\ 18.07
.
8/1/91-7/31/92...................... Koyo................... \5\ 35.37
.
8/1/91-7/31/92...................... NSK.................... \5\ 12.66
.
------------------------------------------------------------------------
For the A-588-604 Case
------------------------------------------------------------------------
3/27/87-9/30/88..................... NTN/Caterpillar........ \5\ 10.19
.
10/1/88-9/30/89..................... NSK.................... \5\ 15.59
.
10/1/88-9/30/89..................... NTN/Caterpillar........ \5\ 7.08.
10/1/89-9/30/90..................... NSK.................... \5\ 1.54.
10/1/89-9/30/90..................... Nachi.................. (\2\).
10/1/90-9/30/91..................... Nachi.................. \7\ 40.37
.
10/1/90-9/30/91..................... NSK.................... \5\ 12.17
.
10/1/90-9/30/91..................... NTN.................... \5\ 16.03
.
10/1/91-9/30/92..................... Nachi.................. \7\ 40.37
.
10/1/91-9/30/92..................... NSK.................... \5\ 8.40.
10/1/91-9/30/92..................... NTN.................... \5\ 19.25
.
------------------------------------------------------------------------
\1\ Litigation for period did not result in a change in the final
results margin for the firm. The Department will instruct Customs to
assess duties pursuant to the final results notice published for the
corresponding review period.
\2\ The firm had no entries of subject merchandise during the period.
\3\ The review for this firm was terminated. The Department will assess
duties using the rate in effect at the time of entry.
\4\ The review for the firm was terminated. The Department will assess
duties using the rate in effect at the time of entry and in the manner
explained in our 11/10/94 notice of final results for the 1979-86
period.
\5\ This is an amended final results margin resulting from
recalculations pursuant to Court orders.
\6\ In our 1986-87 final results for Isuzu we applied a total BIA margin
equal to the highest rate we calculated for any firm for the final
results. Because that rate was Koyo's final results margin, and
because Koyo's final results margin has been amended pursuant to
litigation, we are accordingly amending the BIA rate applied to Isuzu.
\7\ Litigation for period did not result in a change in the final
results margin for the firm. The Department will instruct Customs to
assess duties pursuant to the amended final results notice published
for the corresponding review period.
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 reviews of the periods 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: April 2, 1998.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 98-9546 Filed 4-9-98; 8:45 am]
BILLING CODE 3510-DS-P
