[Federal Register Volume 65, Number 221 (Wednesday, November 15, 2000)]
[Notices]
[Pages 68974-68976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29257]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-801, A-428-801, 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, Germany, Italy, Japan, Singapore, Sweden, 
Thailand, and the United Kingdom; Amended Final Results of Antidumping 
Duty Administrative Reviews

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

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

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SUMMARY: The United States Court of International Trade and the United

[[Page 68975]]

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, Germany, 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, 1993, 
through April 30, 1994. As there are now final and conclusive court 
decisions in these actions, we are amending our final results of 
reviews and we will subsequently instruct the U.S. Customs Service to 
liquidate entries subject to these reviews.

EFFECTIVE DATE: November 15, 2000.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Richard Rimlinger, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, DC 20230; telephone (202) 482-4733.

Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Tariff 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).

SUPPLEMENTARY INFORMATION:

Background

    On June 28, 1996, the Department published its final results of 
administrative reviews of the antidumping duty order on antifriction 
bearings (other than tapered roller bearings) and parts thereof, from 
Thailand, covering the period May 1, 1993, through April 30, 1994 (61 
FR 33711), and on December 17, 1996, 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, and the 
United Kingdom, covering the period May 1, 1993, through April 30, 1994 
(61 FR 66471) (collectively, AFBs 5). 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). Subsequently, 
one domestic producer, the Torrington Company, and a number of other 
interested parties filed lawsuits with the U.S. 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 
issued a number of orders and opinions, of which the following have 
resulted in changes to the antidumping margins calculated in AFBs 5:
    The Torrington Co. v. United States, Slip Op. 97-105 (July 28, 
1997), with respect to Thailand;
    FAG U.K. Ltd., The Barden Corporation (U.K.) Ltd., FAG Bearings 
Corporation, RHP Bearings Ltd., NSK Bearings Europe Ltd. and NSK 
Corporation v. United States, Slip Op. 98-133 (September 16, 1998), 
with respect to the United Kingdom;
    SKF USA Inc. v. United States, Slip Op. 99-43 (May 13, 1999), with 
respect to Italy;
    SKF USA Inc. v. United States, Slip Op. 99-56 (June 29, 1999), with 
respect to France;
    NTN Bearing Corp. of America, et al. v. United States, Slip Op. 99-
71 (July 29, 1999), with respect to Japan;
    SKF USA Inc. v. United States, Slip Op. 99-127 (December 2, 1999), 
with respect to Germany;
    SKF USA Inc. v. United States, Slip Op. 00-2 (January 5, 2000), 
with respect to Sweden.
    In the context of the above-cited litigation, the CIT ordered the 
Department to make methodological changes and to recalculate the 
antidumping margins for certain firms under review. Specifically, the 
CIT ordered the Department to make the following changes on a company-
specific basis:
    NMB Thailand--determine a proper methodology for calculating profit 
for constructed value;
    FAG UK--(1) recalculate FAG U.K.'s dumping margin, treating it as a 
distinct entity from Barden, and (2) correct a clerical error;
    Barden--(1) recalculate Barden's dumping margin, treating it as a 
distinct entity from FAG U.K., (2) recalculate the dumping margin 
without regard to the results of the test for below-cost sales, and (3) 
correct a clerical error;
    NSK-RHP--(1) exclude transactions not supported by consideration 
from the U.S. sales database, (2) exclude sample transfers which lacked 
consideration from the home-market sales database for the purpose of 
calculating profit for constructed value, (3) recalculate constructed 
value by applying the arm's-length and profit-variance tests to 
related-party transactions involving consideration and using sales of 
such or similar merchandise for any remaining unrelated-party sales, 
and (4) reduce the cost of manufacture and constructed value by post-
sale domestic inland-freight costs;
    SKF Italy--exclude sample transactions not supported by 
consideration from the U.S. sales database;
    SKF France--exclude sample transactions not supported by 
consideration from the U.S. sales database;
    NTN Japan--exclude sample transactions not supported by 
consideration from the U.S. sales database;
    Koyo Seiko--determine whether it is possible to isolate and remove 
the portions of Koyo's home-market warranty expenses which relate to 
non-scope merchandise from the adjustment to foreign market value or to 
deny the adjustment if such an apportionment cannot be made;
    SKF Germany--(1) exclude sample transactions not supported by 
consideration from the U.S. sales database, and (2) remove rebates paid 
on sales of non-scope merchandise from any adjustments made to SKF's 
foreign market value or, if there is no viable method to do so, deny 
the adjustment;
    FAG Germany--apply the profit-variance test to each customer which 
failed the arm's-length test before calculating the profit element of 
constructed value;
    SKF Sweden--(1) exclude sample transactions not supported by 
consideration from the U.S. sales database, (2) convert the difference-
in-merchandise variable using the appropriate exchange rate, (3) 
convert the value for home-market variable cost of manufacturing from 
Swedish krona to U.S. dollars, (4) convert certain variables to reflect 
that they were reported in hundreds of Italian lira, and (5) correct 
the programming language that calculates home-market indirect selling 
expenses.
    The CAFC affirmed the Department's final remand results affecting 
final assessment rates for all the above cases. As there are now final 
and conclusive court decisions in these actions, we are amending our 
final results of review in these matters, and we will subsequently 
instruct the U.S. Customs Service to liquidate entries subject to these 
reviews.

[[Page 68976]]

Amendment to Final Results

    Pursuant to section 516A(e) of the Tariff 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, Germany, Italy, Japan, Singapore, 
Sweden, Thailand, and the United Kingdom, for the period May 1, 1993, 
through April 30, 1994. The revised weighted-average margins are as 
follows:

------------------------------------------------------------------------
                  Company                      BBs      CRBs      SPBs
------------------------------------------------------------------------
France: SKF...............................      3.73     (\1\)  \3\ 18.8
                                                                       0
Germany:
    FAG...................................     12.93     13.57  \3\ 2.00
    SKF...................................      3.04      9.45     14.36
Italy: SKF................................      3.21     (\2\)
Japan:
    Koyo Seiko............................  \3\ 14.9  \3\ 6.53     (\1\)
                                                   0
    NTN...................................     14.33  \3\ 11.0  \3\ 32.3
                                                             5         3
Sweden: SKF...............................      1.93  \3\ 0.00
Thailand: NMB/Pelmec......................      0.23
United Kingdom:
    Barden................................      1.06     (\1\)
    FAG...................................      3.31     (\1\)
    NSK/RHP...............................      7.14     7.12
------------------------------------------------------------------------
(\1\) No shipments or sales subject to this review.
(\2\) Not subject to review.
(\3\) No change to the margin as a result of litigation.

    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. 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.
    This notice is published pursuant to section 751(a) of the Tariff 
Act.

    Dated: November 3, 2000.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-29257 Filed 11-14-00; 8:45 am]
BILLING CODE 3510-DS-P