[Federal Register Volume 60, Number 11 (Wednesday, January 18, 1995)]
[Notices]
[Pages 3616-3617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1214]



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DEPARTMENT OF COMMERCE

International Trade Administration
[A-428-801]


Antifriction Bearings From Germany; Notice of United States Court 
of International Trade Decision

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

SUMMARY: On October 21, 1994, in Torrington v. United States, Slip Op. 
94-168 (Torrington), the United States Court of International Trade 
(CIT) affirmed the Department of Commerce's (the Department) 
redetermination on remand of the final results of the first 
administrative review of the antidumping duty order on antifriction 
bearings (other than tapered roller bearings) and parts thereof from 
Germany, 56 FR 31692 (July 11, 1991). The CIT had previously remanded 
the final results to the Department for the reconsideration of a number 
of issues. The CIT has now entered final judgment on all issues. The 
results covered the period November 9, 1988, through April 30, 1990.

EFFECTIVE DATE: October 31, 1994.

FOR FURTHER INFORMATION CONTACT: J. David Dirstine or Richard 
Rimlinger, Office of Antidumping Compliance, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington DC 20230; telephone 
(202) 482-4733.

SUPPLEMENTARY INFORMATION:

Background

    On August 20, 1994, the CIT in Torrington Company v. United States, 
Slip Op. 93-168, remanded the final results of the first administrative 
review of the antidumping duty order on antifriction bearings (other 
than tapered roller bearings) and parts thereof from Germany to the 
Department to: (1) Recalculate the amount of the tax adjustment that 
was made to the United States price; (2) treat certain of SKF GmbH's 
(SKF) discounts as indirect expenses unless the manner in which they 
were reported met the standard for treatment as direct expenses; (3) 
remove discounts paid on out-of-scope merchandise from SKF's home 
market discount adjustment, or, if not possible, disallow the 
adjustment; (4) treat FAG's currency hedging as an indirect selling 
expense; and (5) correct certain ministerial errors. The Department 
submitted its results of redetermination on remand to the court on 
January 6, 1994. On March 4, 1994, in Torrington v. United States, Slip 
Op. 94-38, the CIT again remanded the case for the Department to 
conform its treatment of pre-sale freight with the decision of the 
United States Court of Appeals for the Federal Circuit (the Federal 
Circuit) in Ad Hoc Committee of AZ-NM-TX-FL Producers of Grey Portland 
Cement v. United States, 13 F.3d 398 (Fed. Cir. 1994). On May 24, 1994, 
in Torrington v. United States, Slip Op. 94-84, the CIT further 
instructed the Department to correct certain ministerial errors present 
in its earlier redetermination on remand. The Department submitted its 
redetermination issued pursuant to these opinions on June 23, 1994. On 
October 21, 1994, in Torrington, the CIT affirmed the Department's 
results of remand and entered final judgment on all issues.
    In its decision in Timken Co. v. United States, 893 F.2d 337 (Fed. 
Cir. 1990) (Timken), the Federal Circuit held that, pursuant to 19 
U.S.C. 1516a(e), the Department must publish a notice of a court 
decision which is not ``in harmony'' with a Department determination, 
and must suspend liquidation of entries pending a ``conclusive'' court 
decision. Publication of this notice fulfills this 
[[Page 3617]] obligation. The CIT's decisions on August 20, 1993, March 
4, 1994, and May 24, 1994 constitute decisions not in harmony with the 
Department's final results.
    Pursuant to the decision in Timken, the Department will continue 
the suspension of liquidation of the subject merchandise pending the 
later of the expiration of the period for appeal or the conclusion of 
any appeal. Further, absent an appeal, or, if appealed, upon a 
``conclusive'' court decision affirming the CIT's opinion, the 
Department will amend the final affirmative results of the first 
administrative review of the antidumping duty order on antifriction 
bearings (other than tapered roller bearings) and parts thereof from 
Germany to reflect the amended margins of the Department's 
redeterminations on remand, which were affirmed by the CIT.

    Dated: January 9, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-1214 Filed 1-17-95; 8:45 am]
BILLING CODE 3510-DS-P