[Federal Register Volume 60, Number 137 (Tuesday, July 18, 1995)]
[Notices]
[Page 36779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17497]
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DEPARTMENT OF COMMERCE
[A-549-801]
Antifriction Bearings (Other Than Tapered Roller Bearings) and
Parts Thereof From Thailand; Amendment to Final Results of Antidumping
Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amendment to final results of antidumping duty
administrative review.
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SUMMARY: On October 8, 1993, the United States Court of International
Trade (CIT), in The Torrington Company v. United States (Torrington),
Slip Op. 93-198, entered its final judgment concerning the final
results of the first administrative review of the antidumping duty
order on antifriction bearings from Thailand (56 FR 11195, July 11,
1991). In so doing, the CIT ordered the Department of Commerce (the
Department) to apply Thailand's indirect business and municipal tax
rates to the United States price (USP) calculated at the same point in
the stream of commerce as where Thailand's tax authorities apply these
rates on home market sales and add the resulting amount to the United
States price. The CIT then dismissed the case. The CIT's opinion has
not been appealed. Therefore, in accordance with the CIT's decision, we
have amended the final results of this review. The results cover the
period from November 9, 1988, through April 30, 1990.
EFFECTIVE DATE: July 18, 1995.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Michael R. Rill,
Office of Antidumping Compliance, International Trade Administration,
U.S. Department of Commerce, Washington, D.C. 20230, telephone: (202)
482-4733.
SUPPLEMENTARY INFORMATION:
Background
On July 11, 1991, the Department published in the Federal Register
the final results of the first administrative review of the antidumping
duty order on antifriction bearings (other than tapered roller
bearings) and parts thereof (AFBs) from Thailand (56 FR 31765). The
period of review (POR) was November 9, 1988, through April 30, 1990.
In August 1991, the Torrington Company, the petitioner in the case,
initiated an action in the CIT contesting the Department's final
results. Among other issues, Torrington challenged the Department's
adjustment to foreign market value (FMV) and USP for taxes rebated or
not collected on export.
On June 8, 1993, the CIT remanded the final results to the
Department. The CIT instructed the Department to add the full amount of
value added tax (VAT) paid on each sale in the home market to FMV
without adjustment.
The Department issued its final results of redetermination pursuant
to court remand on July 22, 1993. In the final results of
redetermination, the Department explained that, although there was no
VAT in Thailand during the POR, there were business and municipal taxes
which were not collected by reason of the export of the subject
merchandise to the United States. The Department indicated that it
would add the amount of these indirect taxes to FMV for sales in the
home market without adjustment and also add the exact amount to the
USP. However, because this would not change the calculated duty
assessment rates or the cash deposit rate then in effect, no
recalculations were necessary.
On October 8, 1993, the CIT, in Torrington, Slip Op. 93-198,
entered its final judgment concerning the final results of the first
administrative review of the antidumping duty order on antifriction
bearings from Thailand. In rendering final judgment, the CIT ordered
the Department to apply Thailand's indirect business and municipal tax
rates to the USP calculated at the same point in the stream of commerce
as where Thailand's tax authorities apply these rates on home market
sales and add the resulting amount to the USP. The CIT dismissed the
case. No party appealed this CIT decision.
In accordance with the CIT's instructions, we have changed our
calculation of the adjustments for taxes made to FMV and USP. We have
applied our current methodology as described in Silicomanganese from
Venezuela; Preliminary Determination of Sales at Less Than Fair Value,
59 FR 31204 (June 17, 1994).
Amended Final Results of Review
These changes resulted in no change in NMB Pelmec's weighted-
average dumping margin for ball bearings, which remains at 0.54
percent.
Because the CIT's decision has not been appealed, the Department
will order the immediate lifting of the suspension of liquidation of,
and instruct the U.S. Customs Service to assess antidumping duties on,
entries subject to this review, as appropriate. Individual differences
between FMV and USP may vary from the percentage stated above. We will
adjust the antidumping duty liability to account for countervailing
duties imposed to offset export subsidies. Because there was no
suspension of liquidation for countervailing duty purposes from January
4, 1989, through May 2, 1989, no such adjustment will be required for
entries during this period. The Department will issue appraisement
instructions concerning these entries directly to the Customs Service.
This notice is published in accordance with section 751(a)(1) of
the Tariff Act of 1930, as amended (19 U.S.C. 1675(a)(1)), and 19 CFR
353.22(c)(8).
Dated: July 5, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-17497 Filed 7-17-95; 8:45 am]
BILLING CODE 3510-DS-P
