[Federal Register Volume 59, Number 76 (Wednesday, April 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9434]


[[Page Unknown]]

[Federal Register: April 20, 1994]


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DEPARTMENT OF COMMERCE
[A-412-801]

 

Antifriction Bearings From the United Kingdom; 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 the United Kingdom (56 FR 
31769, July 11, 1991). Federal-Mogul Corp. v. United States, (Slip Op. 
93-222, 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 (USP). The CIT entered final judgment on the value added 
tax issue, affirmed the results on other issues, and dismissed the 
case. 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 1, 1993, the CIT in Federal-Mogul Corp. v. United States, 
(Slip Op. 93-88), 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 
the United Kingdom (56 FR 31769, 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 October 7, 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. On January 31, 1994, SKF Ltd. filed notice of 
appeal of the CIT's ruling on the VAT issue.
    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 
conclusion of the appeal. Further, 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 the United Kingdom 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.
Susan G. Esserman,
Assistant Secretary for Import Administration.
    Dated: April 10, 1994.
[FR Doc. 94-9434 Filed 4-19-94; 8:45 am]
BILLING CODE 3510-DS-P