67 FR 79902, December 31, 2002

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-601]
 
Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China; Amended Final Results 
of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final court decision and amended final results of 
administrative review.

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EFFECTIVE DATE: December 31, 2002.

SUMMARY: As a result of a final and conclusive court decision, the 
Department of Commerce is amending its final results of the 
administrative review of shipments of tapered roller bearings and parts 
thereof, finished and unfinished from the People's Republic of China 
made during the period June 1, 1993, through May 31, 1994.

FOR FURTHER INFORMATION CONTACT: Jennifer Moats or Richard Rimlinger, 
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) 482-4477, 
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

[[Page 79903]]

Department's) regulations are to the regulations as codified at 19 CFR 
part 353 (1995).

Summary

    On February 11, 1997, the Department published in the Federal 
Register its Final Results and Partial Termination of Antidumping Duty 
Administrative Review on Tapered Roller Bearings and Parts Thereof, 
Finished and Unfinished, from the People's Republic of China, 62 FR 
6173 (Final Results). This notice covered various exporters for the 
period June 1, 1993, through May 31, 1994. As a result of litigation, 
the Court of International Trade (CIT) remanded the results of the 
review to the Department on October 25, 2001. See Peer Bearing Company 
v. United States, Court No. 97-03-00419, Slip Op. 01-125 (CIT October 
25, 2001). The CIT ordered the Department to make the following changes 
to its original calculations: (1) Correct a clerical error resulting 
from the application of best information available to certain models 
for which factor-of-production data were available; (2) redetermine 
direct labor costs on the basis of SKF India's data on labor 
(supplemented by facts otherwise available only to the extent 
necessitated by the insufficiency, if any, of SKF India's data 
currently on the record); and (3) determine marine insurance in a 
manner related to the value and risk of transporting tapered roller 
bearings. The Department submitted its final results of redetermination 
on remand to the CIT on March 12, 2002; the CIT affirmed the 
Department's final remand results and dismissed the case. See Peer 
Bearing Company v. United States, Court No. 97-03-00419, Slip Op. 02-53 
(CIT June 5, 2002). In another decision, Transcom, Inc., et al. v. 
United States, Court No. 01-1138, 2002 U.S. App. LEXIS 12723 (June 27, 
2002), the Court of Appeals for the Federal Circuit issued an opinion 
upholding the Department's determination in this administrative review.
    As there is now a final and conclusive court decision in this 
action, we are amending our final results of review and we will 
instruct the Customs Service to liquidate entries subject to this 
review.

Amendment to Final Results

    Pursuant to section 516A(e) of the Act, we are now amending the 
final results of administrative review of the antidumping duty order on 
tapered roller bearings and parts thereof, finished and unfinished, 
from the People's Republic of China for the period of review June 1, 
1993, through May 31, 1994. The revised weighted-average margins are as 
follows:

------------------------------------------------------------------------
                                                                 Margin
                           Company                             (percent)
------------------------------------------------------------------------
Premier Bearing and Equipment Ltd............................      60.95
Guizhou Machinery Import and Export Corporation..............       9.06
Henan Machinery and Equipment Import and Export Corporation..       0.61
Luoyang Bearing Factory......................................       0.57
Shanghai General Bearing Company Limited.....................       0.05
Jilin Province Machinery Import and Export Corporation.......      60.95
Chin Jun Industrial Limited..................................      10.00
Wafangdian Bearing Factory...................................      13.36
Lianning MEC Group Company Limited...........................       7.24
China National Machinery Import and Export Corp (CMC)........       0.06
China Nat'l Automotive Industry Machinery Import and Export         0.96
 Corp (Guizou Automotive)....................................
Tianshui Hailin Import and Export Corp.......................      16.55
Zhejiang Machinery Import and Export Corp....................      10.08
------------------------------------------------------------------------

    Accordingly, the Department will determine and the Customs Service 
shall assess appropriate antidumping duties on entries of the subject 
merchandise exported by firms covered by this review. Weighted-average 
margins for other respondent companies remain as published in the Final 
Results.
    We are issuing and publishing this determination in accordance with 
section 751(a) of the Act.

    Dated: December 19, 2002.
Bernard T. Carreau,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-33009 Filed 12-30-02; 8:45 am]