[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Notices]
[Pages 29345-29346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14604]
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DEPARTMENT OF COMMERCE
[A-570-601]
Final Court Decision and Amended Final Results: 1989-90
Administrative Review of Tapered Roller Bearings and Parts Thereof from
the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 10, 1996.
FOR FURTHER INFORMATION CONTACT:
John Beck, Office of Antidumping Investigations, Import Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230, telephone: (202) 482-3464.
Summary:
On February 27, 1996, in the case of UCF America Inc. and Universal
Automotive Co. Ltd. v. United States and the Timken Company, Cons. Ct.
No. 92-01-00049, Slip Op. 96-42 (UCF), the United States Court of
International Trade (the Court) affirmed the Department of Commerce's
(the Department's) results of redetermination on remand of the Final
Results of Sales at Less Than Fair Value: 1989-1990 Administrative
Review of Tapered Roller Bearings and Parts Thereof from the People's
Republic of China. As there is now a final and conclusive court
decision in this action, we are amending our final results in this
matter and will instruct the U.S. Customs Service to change the cash
deposit and assessment rates accordingly.
SUPPLEMENTARY INFORMATION:
Background
During 1987, the Department completed its investigation of tapered
roller bearings from the People's Republic of China (Final
Determination of Sales at Less Than Fair Value: Tapered Roller Bearings
From the People's Republic of China (52 FR 19748, May 27, 1987)). In
addition to setting a rate for Premier Bearing (a Hong Kong trading
company), the Department issued an ``all others'' rate of 0.97 percent.
Subsequently, interested parties challenged the final
determination. The Court remanded the case and, on February 26, 1990,
the Department issued an amendment to the final determination
(Amendment to Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order in Accordance With Decision Upon Remand: Tapered
Roller Bearings From the People's Republic of China (55 FR 6669, Feb.
26, 1990)). In its amendment, the Department issued a new ``all
others'' rate of 2.96 percent.
On July 26, 1990, the Department initiated the third administrative
review of tapered roller bearings from the People's Republic of China,
covering the period June 1, 1989 through May 31, 1990 (Initiation of
Antidumping Duty Administrative Reviews (55 FR 30490, July 26, 1990)).
The Department initiated on CMEC (a state trading company) and Premier.
In 1991, the Department established a new policy concerning non-
market economies. Under this policy, all non-market economy exporters
are presumed to be a single enterprise controlled by the central
government, which receives a single rate (the ``PRC rate'') (see the
Final Determination of Sales At Less Than Fair Value: Heavy Forged Hand
Tools, Finished or Unfinished, With or Without Handles, From the
People's Republic of China (56 FR 241, Jan. 3, 1991); and Final Results
of Antidumping Duty Administrative Review: Iron Construction Castings
from the People's Republic of China (56 FR 2742, Jan. 24, 1991)). A
company is entitled to a separate rate only if it establishes that it
is not subject to de jure or de facto control by the central government
(see the the Final Determination of Sales at Less Than Fair Value:
Silicon Carbide from the
[[Page 29346]]
People's Republic of China (59 FR 22585, May 2, 1994)).
The Department issued its preliminary results for the third
administrative review of TRB's from the PRC on October 4, 1991
(Preliminary Results of Antidumping Duty Administrative Review: Tapered
Roller Bearings and Parts Thereof From the People's Republic of China
(56 FR 50309, Oct. 4, 1991)). The Department preliminarily issued
separate rates to all reviewed companies. Id. at 50310.
On December 31, 1991, the Department issued its final results
(Final Results of Antidumping Duty Administrative Review: Tapered
Roller Bearings and Parts Thereof From the People's Republic of China
(56 FR 67590, Dec. 31, 1991)). The Department issued separate rates for
all companies participating in the review. For non-reviewed companies,
the Department issued ``an `all others' rate equal to the highest rate
for any company in this administrative review.'' Id. at 67597.
Interested parties challenged the results of the third
administrative review. On December 5, 1994, the CIT issued its opinion
in UCF America v. United States, 870 F. Supp. 1120 (CIT 1994),
remanding the results to the Department. The CIT instructed the
Department to: (1) Reinstate the ``all others'' cash deposit rate to
unreviewed companies which was applicable prior to the final results
for entries which have not become subject to assessment pursuant to a
subsequent administrative review; and (2) eliminate the arithmetic
error with regard to Jilin's foreign inland freight costs.
The Department filed its remand results on March 6, 1995. In the
remand results, the Department: 1) reinstated the PRC rate for the
third review at 2.96 percent and 2) corrected the error in the foreign
inland freight calculation for Jilin. However, the Department stated
that while it agreed that it incorrectly established an ``all others''
rate of 8.83 percent in the final results of the review, its reasoning
differed from that of the Court.
On February 27, 1996, the Court sustained the Department's remand
results (see UCF America Inc. and Universal Automotive Co., Ltd. v.
United States and the Timken Company, Cons. Ct. No. 92-01-00049, Slip
Op. 96-42). The Court stated that it ``sees no basis for a `PRC rate'
but finds that Commerce properly (1) reinstated the `all others' cash
deposit rate of 2.96% to unreviewed companies for entries which have
not become subject to assessment pursuant to a subsequent
administrative review; and (2) corrected the arithmetic error related
to foreign inland freight costs for Jilin Machinery Import and Export
Corporation.'' Thus, the Court sustained the rate applied by the
Department but rejected the ``PRC rate'' terminology.
On March 29, 1996, the Department published a notice of court
decision pursuant to 19 U.S.C. 1516a(e). Court Decision and Suspension
of Liquidation: 1989-1990 Administrative Review of Tapered Roller
Bearings and Parts Thereof from the People's Republic of China (61 FR
14075). In that notice, we stated that we would suspend liquidation
until there was a ``conclusive'' decision in the action. Since
publication of that notice, the period to appeal has expired and no
appeal was filed. Therefore, as there is now a final and conclusive
court decision in this action, we are amending our final results.
Although the Department respectfully disagrees with the Court's
reasoning on the issue of the applicability of an ``all others'' rate
to non-market economy cases, this issue could not be appealed in this
case. The Department will appeal this issue in the first action where
it amounts to a case or controversy.
Amendment to Final Determination
Pursuant to 19 U.S.C. 1516a(e), we are now amending the final
results in the 1989-90 administrative review of tapered roller bearings
and parts thereof from the People's Republic of China.
The recalculated margins are as follows:
------------------------------------------------------------------------
Weighted-
Average
Manufacturer/Producer/Exporter Margin
Percentage
------------------------------------------------------------------------
Jilin...................................................... 7.07
All Others Rate............................................ 2.96
------------------------------------------------------------------------
The Department shall instruct the U.S. Customs Service to change
the cash deposit and assessment rates in accordance with the above
rates.
Dated: June 4, 1996.
Paul L. Joffe,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-14604 Filed 6-7-96; 8:45 am]
BILLING CODE 3510-DS-M
