[Federal Register Volume 59, Number 63 (Friday, April 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7851]


[[Page Unknown]]

[Federal Register: April 1, 1994]


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DEPARTMENT OF COMMERCE
International Trade Administration
[A-401-801]

 

Antifriction Bearings From Sweden; United States Court of 
International Trade Decisions

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 redeterminations 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 Sweden (56 FR 31762, July 11, 
1991). The Torrington Corp. v. United States, (Slip Op. 93-226, 
November 30, 1993) (Torrington) and Federal-Mogul Corp. v. United 
States, (Slip Op. 93-223, November 30, 1993) (Federal-Mogul). 
Specifically, the CIT rejected the Department's methodology for 
calculating the amount of the tax adjustment that was added to United 
States price. The CIT entered final judgment on all issues in 
Torrington, and entered final judgment on all issues in Federal-Mogul. 
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 September 8, 1993, in The Torrington Corp. v. United States, 
(Slip Op. 93-175), and on June 2, 1993, in Federal-Mogul Corp. v. 
United States, (Slip Op. 93-90), the CIT 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 Sweden (56 FR 31762, July 11, 1991) to the Department for 
reconsideration of a number of issues. For one of these issues, in both 
cases, 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 October 8, 1993, and on September 1, 
1993, in Torrington and Federal-Mogul respectively, the Department 
submitted to the CIT its redeterminations on remand on the VAT and 
other issues. On November 30, 1993, the CIT ruled upon Commerce's 
redeterminations in Torrington and 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 decisions in 
Torrington and Federal-Mogul on November 30, 1993, which rejected the 
Department's redetermination methodology for calculating the amount of 
the VAT adjustment added to USP, constitute decisions not in harmony 
with the Department's final results.
    Accordingly, the Department will continue the suspension of 
liquidation of the subject merchandise covered by each of these cases. 
Further, the Department will amend the final results of review (to 
reflect the change in VAT methodology ordered by the CIT) in either or 
both of these cases if a ``conclusive'' decision(s) is rendered 
affirming the CIT's opinion.

    Dated: March 23, 1994.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-7851 Filed 3-31-94; 8:45 am]
BILLING CODE 3510-DS-P