[Federal Register Volume 60, Number 151 (Monday, August 7, 1995)]
[Notices]
[Page 40159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19432]
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DEPARTMENT OF COMMERCE
[A-428-801]
Antifriction Bearings From Germany; Notice of United States Court
of International Trade Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 5, 1995, in SKF USA Inc. and SKF GmbH v. United
States, Slip Op. 95-121 (SKF-Germany), the United States Court of
International Trade (CIT) affirmed the Department of Commerce's (the
Department) redetermination on remand of the final results of the
second administrative review of the antidumping duty order on
antifriction bearings (other than tapered roller bearings) and parts
thereof from France, et al., 57 FR 28360 (June 24, 1992) (AFBs II). The
CIT had previously remanded the final results to the Department for the
reconsideration of one issue for SKF-Germany. The CIT has now entered
final judgment on all issues. The results covered the period May 1,
1990 through April 30, 1991.
EFFECTIVE DATE: July 15, 1995.
FOR FURTHER INFORMATION CONTACT: Dave Dirstine or Richard Rimlinger,
Office of Antidumping Compliance, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482-
4733.
SUPPLEMENTARY INFORMATION:
Background
On January 20, 1995, the CIT in SKF-Germany, Slip Op. 95-121,
remanded AFBs II to the Department to apply the U.S. inland insurance
rate to inventory value instead of to unit price. The Department
submitted its results of redetermination pursuant to this remand order
on April 25, 1995. On July 5, 1995, in SKF-Germany, the CIT affirmed
the Department's results of remand and entered final judgment on all
issues.
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 on July 5,
1995, constitutes a decision not in harmony with the Department's final
results. Publication of this notice fulfulls this obligation.
Pursuant to the decision in Timken, the Department must continue
the suspension of liquidation of entries pending the later of the
expiration of the period for appeal or the conclusion of any appeal.
Further, absent an appeal, or, if appealed, upon a ``conclusive'' court
decision affirming the CIT's opinion, the Department will amend the
final affirmative results of AFBs II to reflect the amended margins of
the Department's redetermination on remand, which was affirmed by the
CIT.
Dated: July 28, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-19432 Filed 8-4-95; 8:45 am]
BILLING CODE 3510-DS-P
