[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5453]


[[Page Unknown]]

[Federal Register: March 10, 1994]


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DEPARTMENT OF COMMERCE
I41[A-588-054]

 

Tapered Roller Bearings Four Inches or Less in Outside Diameter 
and Certain Components Thereof From Japan; Affirmation of the Results 
of Redetermination Pursuant to Court Remand

SUMMARY: On September 28, 1993, the United States Court of 
International Trade (the Court) affirmed the Department of Commerce's 
(the Department) redetermination on remand of the final results and 
amendment to the final results of the administrative review of the 
antidumping finding on tapered roller bearings, four inches or less in 
outside diameter, and certain components thereof, from Japan (56 FR 
26054, June 6, 1991, and 56 FR 31113, July 9, 1991) (NSK Ltd. and NSK 
Corporation v. United States, (Slip. Op. 93-121, June 28, 1993) (NSK)). 
The results covered the period August 1, 1987 through July 31, 1988.

EFFECTIVE DATE: March 10, 1994.

FOR FURTHER INFORMATION CONTACT:
Maureen Shields or John Kugelman at (202) 482-5253, Office of 
Antidumping Compliance, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On June 28, 1993, the Court issued an order remanding to the 
Department the final results and amended final results of the 1987-88 
administrative review of the antidumping finding on tapered roller 
bearings, four inches or less in outside diameter, and components 
thereof, from Japan.
    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.
    In NSK, the Court ordered the Department to recalculate NSK's U.S. 
inventory carrying costs using the home market short-term interest 
rate. Those remand instructions constitute a decision not in harmony 
with the Department's final results of review. This notice fulfills the 
publication requirements of Timken.
    Accordingly, the Department will continue the suspension of 
liquidation of the subject merchandise. Further, absent an appeal, or, 
if appealed, upon a ``conclusive'' court decision affirming the Court's 
opinion, the Department will amend the final results and amendment to 
those final results of the administrative review of the antidumping 
finding on tapered roller bearings, four inches or less in outside 
diameter, and certain components thereof, from Japan to reflect the 
amended margin of 16.27 percent in the Department's redetermination on 
remand, which was affirmed by the Court.

    Dated: March 3, 1994.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-5453 Filed 3-9-94; 8:45 am]
BILLING CODE 3510-DS-M