[Federal Register Volume 63, Number 93 (Thursday, May 14, 1998)]
[Notices]
[Pages 26777-26778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12884]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-588-804]


Antifriction Bearings (Other Than Tapered Roller Bearings) and 
Parts Thereof From Japan; 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: On March 27, 1998, the United States Court of International 
Trade affirmed the Department of Commerce's final remand results 
affecting final assessment rates for the second administrative reviews 
of the antidumping duty orders on antifriction bearings (other than 
tapered roller bearings) and parts thereof from Japan with respect to 
NSK. 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 subsequently instruct 
the U.S. Customs Service to liquidate entries subject to these reviews.

EFFECTIVE DATE: May 14, 1998.

FOR FURTHER INFORMATION CONTACT: Lisa Tomlinson or Richard Rimlinger, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 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 (April 1, 1997).

SUPPLEMENTARY INFORMATION:

Background

    On June 24, 1992, 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 
Japan et al. covering the period May 1, 1990 through April 30, 1991. 
See Antifriction Bearings (Other Than Tapered Roller Bearings) and 
Parts Thereof From France, et al.; Final Results of Antidumping Duty 
Administrative Reviews, 57 FR 28360 (June 24, 1992). These final 
results were amended on July 24, 1992, and December 14, 1992, to 
correct clerical errors. See Antifriction Bearings (Other Than Tapered 
Roller Bearings) and Parts Thereof From France, et al., Amendment to 
Final Results of Antidumping Duty Administrative Reviews, 57 FR 32969, 
and Antifriction Bearings (Other Than Tapered Roller Bearings) and 
Parts Thereof From France, et al., Amendment to Final Results of 
Antidumping Duty Administrative Reviews, 57 FR 59080, 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

[[Page 26778]]

bearings and parts thereof (SPBs). Subsequently, two domestic 
producers, the Torrington Company and Federal-Mogul, 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). On February 23, 1998, as a result of a 
final court decision, we issued amended final results for all firms 
whose dumping margins had changed as a result of litigation except for 
NSK. See Antifriction Bearings (Other Than Tapered Roller Bearings) and 
Parts Thereof From France, et al.; Amended Final Results of Antidumping 
Duty Administrative Reviews (63 FR 8908). At that time our 
determination of NSK's dumping margins was still subject to outstanding 
litigation.
    On March 27, 1998, the CIT affirmed the Department's remand results 
for Final Results of Redetermination Pursuant to Court Remand, NSK Ltd. 
And NSK Corporation v. United States, Slip Op. 97-122 (CIT August 28, 
1997), and dismissed this case. NSK Ltd. and NSK Corp. v. United 
States, Slip Op. 98-37 (CIT March 27, 1998). As a result of this and 
other litigation cited in our February 23, 1998, amended final results 
notice, the CIT (in some cases based on decisions by the CAFC) ordered 
the Department to make methodological changes and to recalculate the 
dumping margins for NSK. Specifically, the CIT ordered the Department, 
inter alia: (1) To change its methodology to account for value-added 
taxes with respect to the comparison of U.S. and home market prices; 
(2) not to deduct pre-sale inland freight incurred in the home market 
if the Department determined that there was no statutory authority to 
make such a deduction; (3) to develop a methodology which removes post-
sale price adjustments and rebates paid on out-of-scope merchandise 
from any adjustment made to foreign market value or to deny such an 
adjustment if a viable method could not be found; (4) remove zero-
priced United States sample sales from our antidumping calculations; 
and (5) to correct certain clerical errors.
    As there is now a final and conclusive court decision with respect 
to NSK, we are amending our final results of review for this firm and 
we will subsequently instruct the U.S. Customs Service to liquidate 
NSK's entries subject to these reviews.

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 Japan for the period May 1, 1990, through April 
30, 1991, with respect to NSK. The revised weighted-average percentage 
margins are as follows:

------------------------------------------------------------------------
                   Company                       BBs      CRBs     SPBs 
------------------------------------------------------------------------
NSK..........................................     4.63    12.47   (\1\) 
------------------------------------------------------------------------
\1\ AA(1) No U.S. sales during the review period.                       

    Accordingly, the Department will determine and the U.S. Customs 
Service will assess appropriate antidumping duties on entries of the 
subject merchandise made by NSK. 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 after publication of these amended final 
results of reviews.
    This notice is published pursuant to section 751(a) of the Tariff 
Act.

    Dated: May 7, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-12884 Filed 5-13-98; 8:45 am]
BILLING CODE 3510-DS-P