[Federal Register Volume 65, Number 250 (Thursday, December 28, 2000)]
[Notices]
[Pages 82323-82324]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 00-33203]


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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: The United States Court of International Trade and the United 
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 Japan with regard to NTN Corporation, Koyo Seiko 
Co., Ltd., and Honda Motor Company Limited. 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, 1992, 
through April 30, 1993. As there is now a final and conclusive court 
decision in this action, we are amending our final results of reviews, 
as appropriate, and we will subsequently instruct the U.S. Customs 
Service to liquidate entries subject to these reviews.

EFFECTIVE DATE: December 28, 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, NW., 
Washington, DC 20230; telephone (202) 482-4733 and (202) 482-4477.

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 19 CFR Part 353 (1995).

SUPPLEMENTARY INFORMATION:

Background

    On February 28, 1995, 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, 1992, through April 30, 1993 (60 FR 
10900) (AFBs 4). 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), NSK Ltd., NTN Corporation (NTN), and Koyo Seiko 
Co., Ltd. (Koyo), filed lawsuits with the U.S. Court of International 
Trade (CIT) challenging the final results. These lawsuits were 
consolidated and litigated at the CIT and the United States Court of 
Appeals for the Federal Circuit (CAFC). The CIT and CAFC affirmed the 
Department's final remand results for AFBs 4 with respect to all 
companies except NTN, Koyo, and Honda Motor Company Limited (Honda) in 
the proceedings concerning antifriction bearings from Japan. On

[[Page 82324]]

September 13, 1999, the Department published its amended 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, 1992, through April 30, 
1993, with respect to all companies except NTN, Koyo, and Honda (64 FR 
49442).
    The CIT and CAFC have affirmed the Department's original 
determination in AFBs 4 with respect to Honda. Therefore, since neither 
court remanded the determination with respect to Honda to the 
Department, the Department has not changed its final results of review 
with respect to Honda and no amendment to AFBs 4 is necessary with 
respect to this company.
    However, the Department received remand instructions during the 
litigation pertaining to NTN and Koyo. The CIT and CAFC issued a number 
of orders and opinions of which the following have resulted in changes 
to the antidumping margins we had calculated for NTN and Koyo in AFBs 
4:
    NSK Ltd., et al. v. United States, Slip Op. 97-74 (June 17, 1997);
    NSK Ltd., et al. v. United States, Slip Op. 98-11 (February 4, 
1998);
    NSK Ltd., et al. v. United States, Slip Op. 99-135 (December 17, 
1999).
    In the context of the above-cited litigation, the CIT and CAFC 
ordered the Department to make methodological changes and to 
recalculate the antidumping margins for NTN and Koyo. Specifically, the 
CIT ordered the Department, inter alia, to make the following changes 
on a company-specific basis:
    NTN--(1) apply a tax-neutral methodology in computing the value-
added tax adjustment, (2) deny the adjustment to foreign market value 
(FMV) for home-market discounts, (3) deny the adjustments to FMV for 
billing adjustments that were not made solely to in-scope merchandise, 
(4) exclude sample sales from the home-market database for which NTN 
received no consideration, (5) allow the adjustment to U.S. indirect 
selling expenses for interest expense incurred in financing antidumping 
duty cash deposits, (6) recalculate the cost of production and 
constructed value without resort to best information available, and (7) 
correct a clerical error; Koyo--(1) apply a tax-neutral methodology in 
computing the value-added tax adjustment, (2) reopen the record to 
allow Koyo to submit documentation showing the nature of the expenses 
it characterized as non-operating expenses and subsequently exclude 
certain items from general expenses for purposes of calculating cost of 
production and constructed value, (3) re-examine the acceptance of the 
allocation of air-freight expenses, (4) explain further the basis for 
accepting Koyo's efficiency variance without adjustment, and (5) 
correct a clerical error.
    The CIT and CAFC have affirmed the Department's final remand 
results affecting final assessment rates for these reviews of NTN and 
Koyo. 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.

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 and the period May 1, 1992, through April 
30, 1993, with respect to NTN and Koyo. The revised weighted-average 
margins are as follows:

------------------------------------------------------------------------
             Company                   BBs          CRBs         SPBs
------------------------------------------------------------------------
Koyo Seiko.......................        14.90         6.53          (1)
NTN..............................         9.25         7.99        0.43
------------------------------------------------------------------------
(1) No shipments or sales subject to this review.

    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 FMV may vary from the 
percentages listed above. The Department has already issued 
appraisement instructions to the Customs Service for certain companies 
whose margins have not changed from those announced in AFBs 4 and the 
September 13, 1999, amendment. The Department will issue appraisement 
instructions to the U.S. Customs Service for NTN, Koyo, and Honda after 
publication of these amended final results of reviews.

    This notice is published pursuant to section 751(a) of the 
Tariff Act.
    Dated: December 20, 2000.
Troy H. Cribb,
Assistant Secretary for Import Administration.
[FR Doc. 00-33203 Filed 12-27-00; 8:45 am]
BILLING CODE 3510-DS-P