[Federal Register Volume 63, Number 73 (Thursday, April 16, 1998)]
[Notices]
[Pages 18877-18878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10040]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-801, A-428-801, A-475-801, A-588-804, A-485-801, A-559-801, A-
401-801, A-549-801, A-412-801]
Antifriction Bearings (Other Than Tapered Roller Bearings) and
Parts Thereof From France, et al.; Amended Final Results of Antidumping
Duty Administrative Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final court decision and amended final results of
administrative reviews.
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SUMMARY: On December 12, 1996, the United States Court of International
Trade affirmed the Department of Commerce's final remand results
affecting final assessment rates for the third administrative reviews
of the antidumping duty orders on antifriction bearings (other than
tapered roller bearings) and parts thereof from France, Germany, Italy,
Japan, Romania, Singapore, Sweden, Thailand, and the United Kingdom.
The classes or kinds of merchandise covered by these reviews are ball
bearings and parts thereof, cylindrical roller bearings and parts
thereof, and spherical plain bearings and parts thereof. As there is
now a final and conclusive court decision in these actions (with the
exceptions of SKF GmbH, SKF Industrie S.p.A. and SKF Sverige AB which
have filed appeals to the Court of Appeals for the Federal Circuit), we
are amending our final results of reviews and we will instruct the U.S.
Customs Service to liquidate entries subject to these reviews with the
exception of those still under appeal.
EFFECTIVE DATE: April 16, 1998.
FOR FURTHER INFORMATION CONTACT: Greg Thompson or Jay Biggs, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C.
20230; telephone (202) 482-0410 or (202) 482-1690.
SUPPLEMENTARY INFORMATION:
Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (the Tariff Act), are references to the provisions in
effect as of December 31, 1994. In addition, unless otherwise
indicated, all citations to the Department of Commerce's (the
Department's) regulations are to the regulations as codified at 19 CFR
Part 353 (April 1, 1997).
Background
On July 26, 1993, the Department published its final results of
administrative reviews of the antidumping duty orders on antifriction
bearings (other than tapered roller bearings) and parts thereof from
France, Germany, Italy, Japan, Romania, Singapore, Sweden, Thailand,
and the United Kingdom, covering the period May 1, 1991 through April
30, 1992 (AFBs III) (58 FR 39729). These final results were amended on
August 9, 1993, September 30, 1993, December 15, 1993 and February 28,
1994 (see 58 FR 42288, 58 FR 51055, 58 FR 65576 and 59 FR 9469,
respectively). The classes or kinds of merchandise covered by these
reviews are ball bearings and parts thereof (BBs), cylindrical roller
bearings and parts thereof (CRBs), and spherical plain bearings and
parts thereof (SPBs). Subsequently, two domestic producers, the
Torrington Company and Federal-Mogul, and a number of other interested
parties filed lawsuits with the U.S. Court of International Trade (CIT)
challenging the final results. These lawsuits were litigated at the CIT
and the United States Court of Appeals for the Federal Circuit (CAFC).
In the course of this litigation, the CIT and CAFC issued a number of
orders and opinions, of which the following have resulted in changes to
the antidumping margins calculated in AFBs III:
Federal-Mogul Corporation and the Torrington Company v. United
States, Slip Op. 96-37, (February 13, 1996) with respect to France,
Germany, Italy, Japan, Singapore, Sweden, Thailand, and the United
Kingdom;
Koyo Seiko Co. v. United States, Fed. Cir. Nos. 93-1525, 93-1534
(September 30, 1994) with respect to Japan;
NSK Ltd. and NSK Corporation v. United States, Slip Op. 94-175
(November 14, 1994) with respect to Japan;
NSK Ltd. and NSK Corporation v. United States, Slip Op. 94-181
(November 28, 1994) with respect to Japan;
NSK Ltd. v. United States, Slip Op. 96-125 (August 5, 1996) with
respect to Japan;
SKF USA Inc. v. United States, Slip Op. 95-82 (May 4, 1995) with
respect to Italy;
SKF USA Inc. v. United States, Slip Op. 96-13 (January 10, 1996)
with respect to France;
SKF USA Inc. v. United States, Slip Op. 96-15 (January 16, 1996)
with respect to Italy;
SKF USA Inc. v. United States, Slip Op. 96-16 (January 16, 1996)
with respect to Sweden;
FAG Kugelfischer Georg Schafer KgaA., FAG Italia S.p.A, FAG (U.K.)
Limited, Barden Corporation Limited, FAG Bearings Corporation and The
Barden Corporation v. United States, Slip Op. 96-108 (July 10, 1996)
with respect to Italy, Germany, and the United Kingdom;
INA Walzlager Schaeffler KG and INA Bearing Company, Inc. v. United
States, Slip Op. 96-26 (January 29, 1996) with respect to Germany;
SNR Roulements v. United States, Slip Op. 98-6 (January 23, 1998)
with respect to France;
Federal-Mogul Corporation and the Torrington Company v. United
States, Slip Op. 96-193 (December 12, 1996)
[[Page 18878]]
with respect to France, Germany, Japan, Singapore, and Thailand;
Federal-Mogul Corporation and the Torrington Company v. United
States, Slip Op. 97-9 (January 22, 1997) with respect to Japan.
In the context of the above-cited litigation, the CIT (in some
cases based on decisions by the CAFC) ordered the Department to make
methodological changes and to recalculate the antidumping margins for
certain firms under review. Specifically, the CIT ordered the
Department inter alia to: (1) Change its methodology for computing
inventory carrying costs; (2) reallocate NSK's advertising expenses;
(3) deny an adjustment to foreign market value (FMV) for home-market
pre-sale freight expenses where FMV was calculated using purchase
price; (4) develop a methodology which removes post-sale price
adjustments and rebates paid on sales of out-of-scope merchandise from
its calculations of FMV or, if no viable method can be developed, deny
such an adjustment in its calculation of FMV; (5) reconsider its
decision to accept NTN's downward adjustments to United States indirect
selling expenses for interest paid on cash deposits; (6) determine
whether NTN demonstrated that selling expenses for aftermarket
customers were different than for distributors and OEMs and, if not,
collapse sales to aftermarket customers and distributors to form a
single level of trade; (7) provide a reasonable explanation as to why
the Department changed its findings in the original investigation that
NMB/Pelmec's ``Route B'' sales are third-country sales or, if none can
be given, exclude these sales from the home-market database; (8)
determine whether NMB/Pelmec's related-party sales were made at market
prices and, if not, exclude such sales from its calculation of profit;
and (9) correct various clerical errors.
On December 12, 1996, the CIT affirmed the Department's final
remand results affecting final assessment rates for all the above cases
(except the reviews involving SKF which are still subject to further
litigation). See Federal-Mogul Corporation and the Torrington Company
v. United States, Slip Op. 96-193 (December 12, 1996). As there are now
final and conclusive court decisions in these actions, we are amending
our final results of review in these matters, with the exception of
those cases which are still under appeal, and we will subsequently
instruct the Customs Service to liquidate entries subject to these
reviews.
Amendment to Final Results
Pursuant to section 516A(e) of the Tariff Act, we are now amending
the final results of administrative reviews of the antidumping duty
orders on antifriction bearings (other than tapered roller bearings)
and parts thereof from France, Germany, Italy, Japan, Romania,
Singapore, Sweden, Thailand, and the United Kingdom, except for those
cases still under appeal, for the period May 1, 1991, through April 30,
1992. The revised weighted-average margins are as follows:
------------------------------------------------------------------------
Company BBs CRBs SPBs
------------------------------------------------------------------------
FRANCE
SKF......................................... 1.97 (\1\) (\3\)
SNR......................................... 1.13 0.81 (\2\)
GERMANY
FAG......................................... 11.83 17.63 (\3\)
Fichtel & Sachs............................. (\3\) (\2\) (\2\)
INA......................................... 23.19 (\3\) (\2\)
NTN......................................... (\3\) (\1\) (\1\)
ITALY
FAG......................................... 5.36 (\3\) ........
JAPAN
Koyo........................................ 8.28 3.19 (\3\)
Nachi....................................... 7.59 (\3\) (\2\)
NPB......................................... 7.90 (\2\) (\2\)
NTN......................................... 2.94 0.73 6.41
NSK......................................... 17.85 27.09 (\1\)
Singapore
NMB/Pelmec.................................. 8.54 ........ ........
THAILAND
NMB/Pelmec.................................. 0.17 ........ ........
UNITED KINGDOM
Barden Corporation.......................... 7.57 (\3\) ........
FAG......................................... 21.77 (\3\) ........
RHP-NSK..................................... 50.32 45.61 ........
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(\1\) No U.S. sales during the review period.
(\2\) No review requested.
(\3\) No rate change for a class or kind due to litigation.
Accordingly, the Department will determine and the U.S. Customs
Service will assess appropriate antidumping duties on entries of the
subject merchandise made by firms covered by these reviews. Individual
differences between United States price and foreign market value may
vary from the percentages listed above. The Department has already
issued appraisement instructions to the Customs Service for certain
companies whose margins have not changed from those announced in AFBs
III and the three previous amendments. For companies covered by these
amended results, the Department will issue appraisement instructions to
the U.S. Customs Service after publication of these amended final
results of reviews.
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 7, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-10040 Filed 4-15-98; 8:45 am]
BILLING CODE 3510-DS-P
