[Federal Register: May 1, 2003 (Volume 68, Number 84)]
[Notices]
[Page 23282-23283]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01my03-39]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Antifriction Bearings (Other Than Tapered Roller Bearings) and
Parts Thereof From Japan; Amended Final Results of Antidumping Duty
Administrative Reviews
[A-588-804]
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final court decision and amended final results of
administrative reviews.
-----------------------------------------------------------------------
SUMMARY: On June 28, 2002, the United States Court of Appeals for the
Federal Circuit affirmed the United States Court of International
Trade's affirmation of the Department of Commerce's final remand
results affecting final assessment rates for the administrative review
of the antidumping duty orders on antifriction bearings (other than
tapered roller bearings) and parts thereof from Japan with respect to
NSK Ltd., NTN Corporation, and Koyo Seiko Co. Ltd,. and the period May
1, 1995, through April 30, 1996. 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. As there is now a final and conclusive
court decision in these actions, we are amending our final results of
reviews and we will instruct the U.S. Customs Service to liquidate
entries subject to these reviews.
[[Page 23283]]
EFFECTIVE DATE: May 1, 2003.
FOR FURTHER INFORMATION CONTACT: Susan Lehman or Richard Rimlinger, AD/
CVD Enforcement Group I, Office 3, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: 202-482-
0180 or 202-482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 17, 1997, the Department of Commerce (the Department)
published Antifriction Bearings (Other Than Tapered Roller Bearings)
and Parts Thereof From France, Germany, Italy, Japan, Romania,
Singapore, Sweden and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, 62 FR 66472, and on November 20, 1997, it
published Antifriction Bearings (Other Than Tapered Roller Bearings)
and Parts Thereof From France, Germany, Italy, Japan, Romania,
Singapore, Sweden and the United Kingdom; Amended Final Results of
Antidumping Duty Administrative Reviews, 62 FR 61963 (collectively,
AFBs 7), which covered the period May 1, 1995, through April 30, 1996.
The Japanese companies covered by the reviews are NTN Corporation
(NTN), NSK Ltd. (NSK), Koyo Seiko Co., Ltd. (Koyo), Nippon Pillow Block
Manufacturing Company (NPBS), and Nachi Fujikoshi (Nachi). 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). Various
parties appealed AFBs 7.
On June 5, 2000, the Court issued an order in NTN Bearing
Corporation of America, NTN Corporation, American NTN Bearings
Manufacturing Corporation, NTN Driveshaft, Inc. and NTN-Bower
Corporation; NSK Ltd. and NTN Corporation; Koyo Seiko Co., Ltd. and
Koyo Corporation of U.S.A. v. United States, Consol. Court No. 97-10-
01801, Slip Op. 00-64 (June 5, 2000) (NTN), remanding AFBs 7 to the
Department. In NTN, the Court remanded AFBs 7 to the Department to make
the following changes: 1) annul all findings and conclusions made
pursuant to the duty-absorption inquiry conducted for the reviews; 2)
make adjustments pursuant to section 772(c) of the Tariff Act of 1930
as amended (the Act), to section 772(a)'s starting price for
determining export price; 3) make adjustments pursuant to sections
772(c) and (d) of the Act to section 772(b)'s starting price for
determining constructed export price (CEP); 4) articulate how the
record supports the Department's decision to recalculate NTN's home-
market indirect selling expenses without regard to level of trade; 5)
clarify how the Department complied with sections 776 and 782 of the
Act by using facts available and applying an adverse inference with
respect to NTN's alleged zero-price sample sales and, if the Department
determined that it conformed with the statutory framework, to include
NTN's sample sales in its U.S. sales database or, if the Department
determined that it did not adhere to all of the statutory prerequisite
conditions, to give NTN the opportunity to remedy or explain any
deficiency regarding its sample sales; and 6) clarify whether NTN was
provided with notice and opportunity to respond pursuant to sections
776 and 782 of the Act with regard to its cost-of-production (COP) and
constructed-value (CV) data. The remand affected the Department's
calculations for NTN, Koyo, and NSK with respect to the antidumping
duty orders on BBs, CRBs, and SPBs from Japan for the period May 1,
1995, through April 30, 1996.
The Department submitted its Remand Results to the Court on
September 5, 2000. On February 23, 2001, the Court affirmed the
Department's Remand Results in their entirety. NTN, NSK, and Koyo
appealed the ruling of the Court and the lawsuit was litigated at the
United States Court of Appeals for the Federal Circuit (CAFC). On June
28, 2002, the CAFC affirmed the judgment of the Court.
As there is now a final and conclusive court decision with respect
to NTN, NSK, and Koyo, we are amending our final results of review for
these companies and we will subsequently instruct the U.S. Customs
Service to liquidate the relevant 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 Japan, for the period of May 1, 1995, through April 30,
1996, with respect to NTN. The current rates for NTN are as follows:
6.94 for BBs, 4.33 for CRBs, and 7.19 for SPBs. There are no rate
changes for Koyo, Nachi, NPBS, or NSK. Accordingly, the Department will
determine and the U.S. Customs Service will assess appropriate
antidumping duties on entries of the subject merchandise produced by
NTN, NSK, and Koyo. Individual differences between United States price
and foreign market value may vary from the percentages listed above.
The Department will issue appraisement instructions to the U.S. Customs
Service within 15 days of publication of these amended final results of
reviews.
The Court remanded AFBs 7 to the Department to annul all findings
and conclusions made pursuant to the duty-absorption inquiry it
conducted in AFBs 7. The Department complied with the remand as
directed by the Court with respect to Koyo, NSK, and NTN and annulled
all findings and conclusions made pursuant to its duty-absorption
inquiry conducted for the subject reviews with respect to Koyo, NSK,
and NTN. The Court affirmed the Department's remand in its entirety.
This notice is published pursuant to section 751(a) of the Act.
Dated: April 24, 2003.
Joseph A. Spetrini,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. 03-10792 Filed 4-30-03; 8:45 am]