Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 / Notices 38369

DEPARTMENT OF COMMERCE

International Trade Administration

[A–428–801, A–475–801, A–401–801]

Antifriction Bearings (Other Than

Tapered Roller Bearings) and Parts

Thereof From Germany, Italy, and

Sweden; 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.

SUMMARY: On May 7, 1998, 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 third

administrative reviews of the

antidumping duty orders on antifriction

bearings (other than tapered roller

bearings) and parts thereof from

Germany, Italy, and Sweden with

respect to SKF. 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.

EFFECTIVE DATE: July 16, 1998.

FOR FURTHER INFORMATION CONTACT:

Dave Dirstine 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) 482–4033 or (202) 482–4477.

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 (April 1, 1997).

SUPPLEMENTARY INFORMATION:

Background

On July 26, 1993, 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, Romania,

Singapore, Sweden, Thailand, and the

United Kingdom, covering the period

May 1, 1991 through April 30, 1992

(AFBs III) (58 FR 39729). These final

results were amended on August 9,

1993, September 30, 1993, December 15,

1993, February 28, 1994, and April 16,

1998 (see 58 FR 42288, 58 FR 51055, 58

FR 65576, 59 FR 9469, and 63 FR 18877,

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).

Subsequently, two domestic producers,

the Torrington Company and FederalMogul, 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 April 16,

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 SKF GmbH (SKF

Germany), SKF Industrie S.p.A. (SKF

Italy), and SKF Sverige AB (SKF

Sweden). 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

18877) (Amended Final Results). At that

time, our determination of SKF

Germany’s, SKF Italy’s, and SKF

Sweden’s dumping margins were still

subject to outstanding litigation.

On May 7, 1998, the CAFC affirmed

the CIT’s decision in Federal-Mogul

Corp. v. United States, 951 F. Supp.

1026 (Federal-Mogul). The Torrington

Company and Federal-Mogul

Corporation v. United States, 1998 U.S.

App. LEXIS 12370 (May 7, 1998)

(Torrington). The CIT’s decision in

Federal-Mogul affirmed the

Department’s remand results which

were prepared pursuant to the CIT’s

earlier decision in Federal-Mogul Corp.

v. United States, 918 F. Supp. 386

(1996), with respect to SKF Germany,

SKF Italy, and SKF Sweden, among

others, and dismissed the case. As a

result of this and other litigation cited

in our April 16, 1998, notice of

Amended Final Results, we have made

methodological changes and

recalculated the dumping margins for

SKF Germany, SKF Italy, and SKF

Sweden. Specifically, the Department

has, inter alia, (1) reconsidered its

methodology for computing inventory

carrying costs; (2) denied an adjustment

to foreign market value (FMV) for home

market (HM) pre-sale freight expenses

where FMV was calculated using

purchase price; (3) developed a

methodology which removes post-sale

price adjustments and rebates paid on

sales of out-of-scope merchandise from

its calculations of FMV or, if no viable

method could be developed, denied

such an adjustment in its calculation of

FMV; and (4) corrected certain clerical

errors.

As there is now a final and conclusive

court decision with respect to SKF

Germany, SKF Italy, and SKF Sweden,

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

Germany, Italy, and Sweden, for the

period May 1, 1991, through April 30,

1992, with respect to SKF Germany,

SKF Italy, and SKF Sweden. The revised

weighted-average percentage margins

are as follows:

Company BBs CRBs SPBs

Germany

SKF ........ 17.66 8.66 8.98

Italy

SKF ........ 4.98 0.00

Sweden

SKF ........ 7.77 4.80

Accordingly, the Department will

determine and the U.S. Customs Service

will assess appropriate antidumping

duties on entries of the subject

merchandise produced by SKF

Germany, SKF Italy, and SKF Sweden.

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 Act.
38370 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 / Notices

1The preliminary results of this administrative

review incorrectly stated that the ‘‘all others’’ rate

was 36.62 percent. Preliminary Results at 62 FR

64568.

Dated: July 2, 1998.

Joseph A. Spetrini,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 98–18881 Filed 7–15–98; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–201–805]

Circular Welded Non-Alloy Steel Pipe

and Tube From Mexico: Final Results

of Antidumping Duty Administrative

Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of amended final results

of antidumping duty administrative

review.

SUMMARY: On June 17, 1998, the

Department of Commerce (the

Department) published the final results

of its administrative review of the

antidumping duty order on circular

welded non-alloy steel pipe from

Mexico covering exports of this

merchandise to the United States by one

manufacturer/exporter, Hylsa S.A. de

C.V. (‘‘Hylsa’’) during the period

November 1, 1995 through October 31,

1996. See Circular Welded Non-Alloy

Steel Pipe and Tube from Mexico: Final

Results of Antidumping Duty

Administrative Review, 63 FR 33041.

The Department has since determined

that the published weighted-average

dumping margin was incorrect and is

therefore amending the final results of

review for Hylsa.

EFFECTIVE DATE: July 16, 1998.

FOR FURTHER INFORMATION CONTACT:

Ilissa Kabak at (202) 482–0145 or John

Kugelman at (202) 482–0649,

Enforcement Group III—Office 8, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, N.W., Washington, D.C. 20230.

The Applicable Statute

Unless otherwise indicated, all

citations to the Tariff Act of 1930, as

amended (the Act) are references to the

provisions effective January 1, 1995, the

effective date of the amendments made

to the Act by the Uruguay Round

Agreements Act (URAA). In addition,

unless otherwise indicated, all

references to the Department’s

regulations are to 19 CFR Part 353 (April

1, 1997).

SUPPLEMENTARY INFORMATION:

Background

On June 17, the Department published

the final results of its administrative

review of the antidumping duty order

on circular welded non-alloy steel pipe

from Mexico covering exports of this

merchandise to the United States by

Hylsa during the period November 1,

1995 through October 31, 1996. This

notice stated that the weighted-average

dumping margin for Hylsa was 8.31

percent. After these final results were

published, the Department determined

that, as a result of a clerical error, the

8.31 percent figure included in that

notice was incorrect. See Memorandum

to the File, July 7, 1998 (Analysis

Memo). The final results should have

indicated that the weighted-average

dumping margin for Hylsa is 7.39

percent.

Scope of the Review

The products covered by this order

are circular welded non-alloy steel

pipes and tubes, of circular crosssection, not more than 406.4 millimeters

(16 inches) in outside diameter,

regardless of wall thickness, surface

finish (black, galvanized, or painted), or

end finish (plain end, beveled end,

threaded, or threaded and coupled).

These pipes and tubes are generally

known as standard pipes and tubes and

are intended for the low pressure

conveyance of water, steam, natural gas,

and other liquids and gases in plumbing

and heating systems, air conditioning

units, automatic sprinkler systems, and

other related uses, and generally meet

ASTM A–53 specifications. Standard

pipe may also be used for light loadbearing applications, such as for fence

tubing, and as structural pipe tubing

used for framing and support members

for reconstruction or load-bearing

purposes in the construction,

shipbuilding, trucking, farm equipment,

and related industries. Unfinished

conduit pipe is also included in these

orders.

All carbon steel pipes and tubes

within the physical description outlined

above are included within the scope of

this order, except line pipe, oil country

tubular goods, boiler tubing, mechanical

tubing, pipe and tube hollows for

redraws, finished scaffolding, and

finished conduit. Standard pipe that is

dual or triple certified/stenciled that

enters the U.S. as line pipe of a kind

used for oil or gas pipelines is also not

included in this order.

Imports of the products covered by

this order are currently classifiable

under the following Harmonized Tariff

Schedule (HTS) subheadings:

7306.30.10.00, 7306.30.50.25,

7306.30.50.32, 7306.30.50.40,

7306.30.50.55, 7306.30.50.85, and

7306.30.50.90.

Although the HTS subheadings are

provided for convenience and customs

purposes, our written description of the

scope of these proceedings is

dispositive.

The period of review (POR) is

November 1, 1995 through October 31,

1996. This review covers sales of

circular welded non-alloy steel pipe and

tube by Hylsa.

Amended Final Results of Review

We determine that the correct

weighted-average margin for Hylsa is

7.39 percent for the period November 1,

1995 through October 31, 1996.

The Department will determine, and

the U.S. Customs Service shall assess,

antidumping duties on all appropriate

entries. Because Hylsa was the only

importer during the POR, we have

calculated the importer-specific per-unit

duty assessment rate for the

merchandise imported by Hylsa by

dividing the total amount of

antidumping duties calculated during

the POR by the total quantity entered

during the POR. Individual differences

between U.S. price and normal value

may vary from the percentages stated

above. The Department will issue

appraisement instructions directly to

the Customs Service.

Furthermore, the following deposit

requirements will be effective upon

publication of this notice of amended

final results of review for all shipments

of circular welded non-alloy steel pipe

from Mexico entered, or withdrawn

from warehouse, for consumption on or

after the publication date, as provided

for by § 751(a)(1) of the Act: (1) The

amended cash deposit rate for Hylsa

will be the rate stated above; (2) if the

exporter is not a firm covered in this

review, a prior review, or the original

LTFV investigation, but the

manufacturer is, the cash deposit rate

will be the rate established for the most

recent period for the manufacturer of

the merchandise; (3) for previously

reviewed or investigated companies not

listed above, the cash deposit rate will

continue to be the company-specific rate

published for the most recent period; (4)

the cash deposit rate for all other

manufacturers or exporters will

continue to be the ‘‘all others’’ rate of

32.62 percent.1 See Notice of

Antidumping Orders: Certain Circular

Welded Non-Alloy Steel Pipe from