[Federal Register Volume 59, Number 43 (Friday, March 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5033]


[[Page Unknown]]

[Federal Register: March 4, 1994]


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DEPARTMENT OF COMMERCE
[A-428-801]

 

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

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

SUMMARY: On November 30, 1993, the United States Court of International 
Trade (CIT) rejected the Department of Commerce's 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). Federal-Mogul Corp. v. United States, (Slip Op. 93-221, November 
30, 1993) (Federal-Mogul). Specifically, the CIT rejected the 
Department's methodology in the redetermination for calculating the 
amount of the tax adjustment that was added to United States price. The 
CIT entered final judgment on all issues. The results covered the 
period November 9, 1988, through April 30, 1990.

EFFECTIVE DATE: December 10, 1993.

FOR FURTHER INFORMATION CONTACT: Joseph A. Fargo or Richard Rimlinger, 
Office of Antidumping Compliance, International Trade Administration, 
U.S. Department of Commerce, Washington DC, 20230; telephone (202) 482-
4733.

SUPPLEMENTARY INFORMATION:

Background

    On June 4, 1993, the CIT in Federal-Mogul Corp. v. United States, 
(Slip Op. 93-96), 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 (56 FR 31692, July 11, 1991) to the Department for the 
reconsideration of a number of issues. For one of these issues, the 
Court ordered the Department to determine the exact monetary amount of 
the value added tax (VAT) paid on each sale in the home market, to make 
certain that the amount of the VAT adjustment added to the comparable 
U.S. sale is less than or equal to this amount, and to add the full 
amount of the VAT in the home market to foreign market value (FMV) 
without adjustment. On September 2, 1993, the Department submitted to 
the CIT its redetermination on remand on the VAT and other issues. On 
November 30, 1993, the CIT ruled upon Commerce's redetermination in 
Federal-Mogul. In this decision, the CIT rejected the Department's 
redetermination methodology for calculating the amount of the VAT 
adjustment added to USP.
    In its decision in Timken Co. v. United States, 893 F.2d 337 (Fed. 
Cir. 1990) (Timken), the United States Court of Appeals for 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. The CIT's decision in Federal-
Mogul on November 30, 1993, which rejected the Department's 
redetermination methodology for calculating the amount of the VAT 
adjustment added to USP, constitutes a decision not in harmony with the 
Department's final results.
    Pursuant to the decision in Timken, the Department must 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 antifriction 
bearings (other than tapered roller bearings) and parts thereof from 
Germany to reflect the change in the VAT adjustment calculation 
methodology which was ordered by the CIT and direct liquidation in 
accordance with the amended determination.

    Dated: February 18, 1994.
Joseph A.Spetrini,
Acting Assistant Secretary For Import Administration.
[FR Doc. 94-5033 Filed 3-3-94; 8:45 am]
BILLING CODE 3510-DS-P