[Federal Register Volume 59, Number 76 (Wednesday, April 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9432]
[[Page Unknown]]
[Federal Register: April 20, 1994]
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DEPARTMENT OF COMMERCE
[A-475-801]
Antifriction Bearings from Italy; United States Court of
International Trade Decision
AGENCY: International Trade Administration/Import Administration,
Department of Commerce.
SUMMARY: On December 10, 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 Italy (56 FR 31751, July 11,
1991). Torrington Company v. United States (Slip Op. 93-234, December
10, 1993) (Torrington). 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 (USP). The CIT
entered final judgment on the value added tax issue. The results
covered the period November 9, 1988, through April 30, 1990.
EFFECTIVE DATE: December 20, 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 July 8, 1993, the CIT in Torrington Company v. United States
(Slip Op. 93-125), 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
Italy (56 FR 31751, 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 22, 1993, the Department submitted to
the CIT its redetermination on remand on the VAT and other issues. On
December 10, 1993, the CIT ruled upon Commerce's redetermination in
Torrington. In this decision, the CIT rendered final judgment on the
VAT issue, rejecting the Department's redetermination methodology for
calculating the amount of the VAT adjustment added to USP. The CIT also
ordered remand on other issues. SKF Ltd. filed notice of appeal of the
partial final judgment on the VAT issue on February 8, 1994.
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
Torrington on December 10, 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
conclusion of the appeal. Further, 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 Italy 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: April 10, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-9432 Filed 4-19-94; 8:45 am]
BILLING CODE 3510-DS-P
