[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: 94-9433]
[[Page Unknown]]
[Federal Register: April 20, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
[A-412-801]
Antifriction Bearings From the United Kingdom; United States
Court of International Trade Decision
AGENCY: International Trade Administration/Import Administration,
Department of Commerce.
SUMMARY: On October 14, 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 the United Kingdom (56 FR
31769, July 11, 1991). Torrington Company v. United States, (Slip Op.
93-199, October 14, 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, and
dismissed the case. The results covered the period November 9, 1988,
through April 30, 1990.
EFFECTIVE DATE: October 25, 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 9, 1993, the CIT in Torrington Company v. United States
(Slip Op. 93-103), 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
the United Kingdom (56 FR 31769, July 11, 1991) to the Department. 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 July 23, 1993, the Department submitted to the
CIT its redetermination on remand on the VAT. On October 14, 1993, the
CIT ruled upon Commerce's redetermination in Torrington. In this
decision, the CIT rejected the Department's redetermination methodology
for calculating the amount of the VAT adjustment added to USP. On
December 13, 1993, The Torrington Company filed a notice of appeal of
the CIT's decision.
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 October 14, 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 any 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 the United Kingdom 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. 94-9433 Filed 4-19-94; 8:45 am]
BILLING CODE 3510-DS-P
