[Federal Register Volume 62, Number 153 (Friday, August 8, 1997)] [Notices] [Pages 42745-42746] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-20934] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-475-801] Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From the United Kingdom; Notice of United States Court of International Trade Decision AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of court decision. ----------------------------------------------------------------------- SUMMARY: On June 18, 1997, in FAG U.K. et al. v United States, Slip Op. 97-77 (FAG U.K.), the United States Court of International Trade (CIT) affirmed the Department of Commerce's (the Department) final result of redetermination pursuant to court remand (final remand results) of the final results of the fourth administrative review of the antidumping duty order on antifriction bearings (other than tapered roller bearings) and parts thereof from the United Kingdom (final results).\1\ The CIT has now entered final judgment on all issues. The final results [[Page 42746]] covered the period May 1, 1992 through April 30, 1993. \1\ Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France, et al.; Final Results of Antidumping Duty Administrative Reviews, Partial Termination of Administrative Reviews, and Revocation in Part of Antidumping Duty Orders (60 FR 10,900 (Feb. 28, 1995)), as amended by Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France; Amendment to Final Results of Antidumping Duty Administrative Reviews and Rescision of Partial Revocation of Antidumping Duty Order (60 FR 16,608 (March 31, 1995)) (Amended Final Results) (collectively ``final Results''). --------------------------------------------------------------------------- EFFECTIVE DATE: August 8, 1997. FOR FURTHER INFORMATION CONTACT: J. David Dirstine or Richard Rimlinger, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th and Constitution Avenue, N.W., Washington D.C. 20230; telephone (202) 482-4733. SUPPLEMENTARY INFORMATION: Background On November 1, 1996, the CIT in FAG U.K. et al. v. United States, Slip Op. 96-177, remanded the final results to the Department to: (1) Utilize the tax-neutral methodology for adjusting for value-added taxes (VAT) approved by the United States Court of Appeals for the Federal Circuit (CAFC) in Federal-Mogul Corp. v. United States, 63 F.3d 1572 (Fed. Cir. 1995) (see final redetermination); (2) correct the computer program so that the insurance values reported in dollars are not further converted; (3) correct the computer program so that the VAT is only applied to the HEDGE value once; and (4) correct a clerical error with respect to FAG-Barden's U.S. sales. The Department complied with the CIT's order and, on February 14, 1997, submitted the final remand results to the CIT. The recalculated, weighted-average percentage dumping margins for NSK-RHP and FAG-Barden during the period May 1, 1992, through April 30, 1993, for ball bearings (BBs) and cylindrical roller bearings (CRBs) were as follows: ------------------------------------------------------------------------ The United Kingdom Company ------------------- BBs CRBs ------------------------------------------------------------------------ NSK-RHP............................................. 14.49 20.03 FAG-Barden.......................................... 4.65 8.22 ------------------------------------------------------------------------ On June 18, 1997, in FAG U.K., the CIT affirmed the Department's final remand results 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 CAFC 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. The CIT's decision on June 18, 1997, constitutes a decision not in harmony with the Department's final results. Publication of this notice fulfills this obligation. Pursuant to the decision in Timken, the Department must continue the suspension of liquidation of the subject merchandise pending the latter 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 results of the fourth administrative review of the antidumping duty order on antifriction bearings (other than tapered roller bearings) and parts thereof from the United Kingdom to reflect the amended margins of the Department's final remand results, which were affirmed by the CIT. Dated: July 31, 1997. Robert S. LaRussa, Acting Assistant Secretary for Import Administration. [FR Doc. 97-20934 Filed 8-7-97; 8:45 am] BILLING CODE 3510-DS-M