[Federal Register Volume 59, Number 88 (Monday, May 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11126]
[[Page Unknown]]
[Federal Register: May 9, 1994]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-604]
Tapered Roller Bearings and Parts Thereof, Finished or
Unfinished, From Japan; Affirmation of the Results of Redetermination
Pursuant to Court Remand
SUMMARY: On February 15, 1994, the United States Court of International
Trade (CIT) affirmed the Department of Commerce's redetermination on
remand and amendment to the redetermination on remand of the final
results of the administrative review of the antidumping duty order on
tapered roller bearings and parts thereof, finished and unfinished,
from Japan (57 FR 4951, February 11, 1992) NSK Ltd. and NSK Corporation
v. United States (Slip. Op. 93-178, September 10, 1993) (NSK I) and NSK
Ltd. and NSK Corporation v. United States (Slip. Op. 93-216, November
18, 1993) (NSK II). The results covered the period October 1, 1988
through September 30, 1989.
EFFECTIVE DATE: May 9, 1994.
FOR FURTHER INFORMATION CONTACT:
Maureen Shields or John Kugelman at (202) 482-5253, Office of
Antidumping Compliance, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On September 10, 1993, the CIT issued an order remanding to the
Department of Commerce (the Department) the final results of the
administrative review of the antidumping duty order on tapered roller
bearings and parts thereof, finished or unfinished, from Japan (57 FR
4951, February 11, 1992), and on November 18, 1993, the CIT issued an
order to the Department further remanding these results.
In its decision in NSK I, the CIT remanded the final results to the
Department: (1) To correct the misidentification of a part's 19-digit
number, (2) to search for and average difference-in-merchandise
adjustment (difmer) data reported for the quarter during which a
particular TRB model was sold and for the preceding quarter if it finds
none in the same quarter as that in which the sale occurs, and (3) to
enable the Department to reconsider all cost-of-production information
on the record, including cost information reported for quarters
subsequent to sale.
In NSK II, the CIT further remanded the case to the Department to
add NSK's U.S. direct selling expenses to foreign market value, rather
than subtracting them from United States price.
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. These remand instructions
constitute a decision not in harmony with the Department's final
results of review. This notice fulfills the publication requirements of
Timken.
Accordingly, the Department will continue the suspension of
liquidation of the subject merchandise. Further, absent an appeal, or,
if appealed, upon a ``conclusive'' court decision affirming the CIT's
opinion, the Department will amend the final results of the
administrative review of the antidumping duty order on tapered roller
bearings and parts thereof, finished or unfinished, from Japan to
reflect the amended margin of 15.02 percent in the Department's amended
redetermination on remand, which was affirmed by the CIT.
Dated: April 27, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-11126 Filed 5-6-94; 8:45 am]
BILLING CODE 3510-DS-M
