[Federal Register Volume 64, Number 176 (Monday, September 13, 1999)]
[Notices]
[Pages 49442-49444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23775]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-801, A-475-801, A-588-804, A-559-801, A-401-801, A-549-801, A-
412-801]
Antifriction Bearings (Other Than Tapered Roller Bearings) and
Parts Thereof From France, Italy, Japan, Singapore, Sweden, Thailand,
and the United Kingdom; Amended Final Results of Antidumping Duty
Administrative Reviews
AGENCY: Import Administration, International Trade Administration,
United States Department of Commerce.
ACTION: Notice of amended final results of administrative reviews.
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SUMMARY: The United States Court of International Trade and the United
States Court of Appeals for the Federal Circuit have affirmed the
Department of Commerce's final remand results affecting final
assessment rates for the administrative reviews of the antidumping duty
orders on antifriction bearings (other than tapered roller bearings)
and parts thereof from France, Italy, Japan, Singapore, Sweden,
Thailand, and the United Kingdom. The classes or kinds of merchandise
covered by these reviews are ball bearings and parts thereof,
cylindrical roller bearings and parts thereof, and spherical plain
bearings and parts thereof. The period of review is May 1, 1992,
through April 30, 1993. As there is now a final and conclusive court
decision in these cases (with the exception of the case on Japan for
which certain decisions are on appeal to the Court of Appeals for the
Federal Circuit), we are amending our final results of reviews and we
will instruct the U.S. Customs Service to liquidate entries subject to
these reviews with the exception of those still under appeal.
EFFECTIVE DATE: September 13, 1999.
FOR FURTHER INFORMATION CONTACT: Larry Tabash or Robin Gray, AD/CVD
Enforcement, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone (202) 482-5047 or (202) 482-4023,
respectively.
SUPPLEMENTARY INFORMATION:
Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (the Act), are references to the provisions in effect
as of December 31, 1994. In addition, unless otherwise indicated, all
citations to the Department of Commerce's (the Department's)
regulations are to the regulations as codified at 19 CFR part 353
(1995).
Background
On February 28, 1995, the Department published its final results of
administrative reviews of the antidumping duty orders on antifriction
bearings (other than tapered roller bearings) and parts thereof from
France, Germany, Italy, Japan, Singapore, Sweden, Thailand, and the
United Kingdom, covering the period May 1, 1992, through April 30, 1993
(AFBs 4). See Antifriction Bearings (Other Than Tapered Roller
Bearings) and Parts Thereof From France, et al.; Final Results of
Antidumping Duty
[[Page 49443]]
Administrative Reviews, Partial Termination of Administrative Reviews,
and Revocation In Part of Antidumping Duty Orders, 60 FR 10900,10959
(February 28, 1995). These final results were amended on March 31,
1995, May 15, 1995, June 13, 1995, June 29, 1995, December 19, 1995,
and August 8, 1997 (see 60 FR 16608, 60 FR 25887, 60 FR 31143, 60 FR
33791, 60 FR 65264, and 62 FR 42745, respectively). The classes or
kinds of merchandise covered by these reviews are ball bearings and
parts thereof (BBs), cylindrical roller bearings and parts thereof
(CRBs), and spherical plain bearings and parts thereof (SPBs). A
domestic producer, the Torrington Company, and a number of respondent
interested parties filed lawsuits with the United States Court of
International Trade (CIT) challenging the final results. These lawsuits
were litigated at the CIT and the United States Court of Appeals for
the Federal Circuit (CAFC). In the course of this litigation, the CIT
and CAFC issued a number of orders and opinions, of which the following
have resulted in changes to the antidumping margins calculated in AFBs
4:
The Torrington Company v. United States, Slip Op. 97-107 (CIT
September 17, 1997) with respect to France;
The Torrington Company v. United States, Slip Op. 97-136 (CIT
September 19, 1997) with respect to Sweden;
The Torrington Company v. United States, Slip Op. 97-29 (CIT March
7, 1997) with respect to Sweden;
NSK Ltd. v. United States, Slip Op. 95-163 (CIT September 25, 1995)
with respect to Japan;
NSK Ltd. v. United States, Slip Op. 97-154 (CIT November 20, 1997)
with respect to Japan;
NSK Ltd. v. United States, Slip Op. 98-34 (CIT March 24, 1998) with
respect to Japan;
FAG Italia S.p.A. and FAG Bearings Corporation; SKF USA Inc., and
SKF Industrie S.p.A. v. United States et al. (FAG/SKF/Torrington), Slip
Op. 96-187 (CIT November 22, 1996) with respect to Italy;
The Torrington Company v. United States, Slip Op. 98-116 (CIT
August 12, 1998) with respect to Singapore;
The Torrington Company v. United States, Slip Op. 97-140 (CIT
September 26, 1997) with respect to Thailand; the CAFC upheld the CIT
on October 7, 1998, at 156 F. 3d 1361 (Fed. Cir. 1998);
FAG U.K. et al v. United States, Slip Op. 97-77 (CIT June 18, 1997)
with respect to the United Kingdom; the CAFC dismissed appeal number
97-1550 on December 5, 1997.
In the context of the above-cited litigation, the CIT (in some
cases based on decisions by the CAFC) ordered the Department to make
methodological changes and to recalculate the antidumping margins for
certain firms under review. Specifically, the CIT ordered the
Department, inter alia, to make the following changes on a company-
specific basis:
SNR France--correct a ministerial error;
SKF France--correct a ministerial error;
Nachi Japan--correct a clerical error;
NSK Japan--
(1) correct a clerical error,
(2) apply a tax-neutral methodology in computing the value-added
tax adjustment,
(3) deny the adjustment to foreign market value for NSK's return
rebates and post-sale price adjustments, and
(4) exclude NSK's zero-priced sample transfers from its U.S. sales
database;
IKS Japan--
(1) correct the erroneous calculation of a negative United States
price for certain observations and
(2) correct the erroneous inclusion of movement expenses incurred
in Japan in the calculation of movement expenses for further-
manufactured merchandise;
FAG Italy--
(1) use the approved tax-neutral methodology for adjusting for
value-added taxes,
(2) explain the circumstances in which it will apply the
reimbursement regulation in an exporter's sales price (ESP) situation,
and
(3) correct the clerical error and recalculate FAG's margin to
include margins for best information available sales;
SKF Italy--
(1) use the approved tax-neutral methodology for adjusting for
value-added taxes,
(2) explain the circumstances in which it will apply the
reimbursement regulation in an ESP situation, and
(3) correct a clerical error;
NMB/Pelmec--recalculate NMB's constructed value (CV) and cost of
production (COP) after allocating research and development costs of
Minebea Co., Ltd., over total consolidated cost of sales;
SKF Sweden--
(1) treat Astra and Asea Brown Bovery as unrelated to SKF Sverige
AB,
(2) use a tax-neutral value-added tax methodology,
(3) explain when the reimbursement regulation would apply in an ESP
situation,
(4) consider whether a company-specific arm's-length test is
warranted and, if so, to apply such a test, and
(5) to correct clerical errors in the computer program;
NMB/Pelmec Thailand--
(1) recalculate NMB's CV and COP after allocating research and
development costs of Minebea Co., Ltd., over total consolidated cost of
sales, and
(2) correct the packing expense clerical error;
FAG-Barden and NSK-RHP U.K.--
(1) correct the clerical error with respect to FAG's U.S. sales,
(2) use the approved tax-neutral methodology for adjusting for
value-added taxes,
(3) correct the clerical error in the conversion of insurance costs
to dollars in cases in which the U.S. sales were already valued in
dollars, and
(4) correct a clerical error in the application of value-added tax
to the HEDGE value.
The CIT affirmed the Department's final remand results affecting
final assessment rates for all the above cases (except the reviews
involving certain Japanese companies which are still subject to further
litigation). As there are now final and conclusive court decisions in
these actions, we are amending our final results of review in these
matters, with the exception of those cases which are still under
appeal, and we will subsequently instruct the Customs Service to
liquidate entries subject to these reviews.
Amendment to Final Results
Pursuant to section 516A(e) of the Act, we are now amending the
final results of administrative reviews of the antidumping duty orders
on antifriction bearings (other than tapered roller bearings) and parts
thereof from France, Italy, Japan, Singapore, Sweden, Thailand, and the
United Kingdom, except for those cases still under appeal, for the
period May 1, 1992, through April 30, 1993. The revised weighted-
average margins are as follows:
------------------------------------------------------------------------
Company BBs CRBs SPBs
------------------------------------------------------------------------
FRANCE
SKF............................................. 2.37 (1) 37.98
SNR 1.89 2.58 (2)
ITALY
FAG............................................. 2.48 (1) ......
SKF 3.68 0.00 ......
JAPAN
IKS............................................. 4.65 (2) (2)
Nachi........................................... 12.46 1.03 (2)
NSK 16.10 10.37 (1)
SINGAPORE
NMB/Pelmec...................................... 4.70 ...... ......
SWEDEN
SKF............................................. 13.55 10.62 ......
THAILAND
NMB/Pelmec...................................... 0.01 ...... ......
[[Page 49444]]
UNITED KINGDOM
FAG-Barden...................................... 4.65 8.22 ......
NSK-RHP......................................... 14.49 20.03 ......
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1 No U.S. sales during the review period.
2 No review requested.
Accordingly, the Department will determine and the U.S. Customs
Service will assess appropriate antidumping duties on entries of the
subject merchandise made by firms covered by these reviews. Individual
differences between United States price and foreign market value may
vary from the percentages listed above. The Department has already
issued appraisement instructions to the Customs Service for certain
companies whose margins have not changed from those announced in AFBs 4
and the previous amendments. For companies covered by these amended
results, the Department will issue appraisement instructions to the
U.S. Customs Service after publication of these amended final results
of reviews.
We are issuing and publishing this determination in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: September 1, 1999.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-23775 Filed 9-10-99; 8:45 am]
BILLING CODE 3510-DS-P
