[Federal Register Volume 60, Number 151 (Monday, August 7, 1995)]
[Notices]
[Pages 40158-40159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19433]



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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-801]


Antifriction Bearings From France; Notice of United States Court 
of International Trade Decision

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

SUMMARY: On July 5, 1995, in SKF USA Inc. and SKF France, S.A., v. 
United States, Slip Op. 95-123 (SKF-France), the United States Court of 
International Trade (CIT) affirmed the Department of Commerce's (the 
Department) redetermination on remand of the final results of the 
second administrative review of the antidumping duty order on 
antifriction bearings (other than tapered roller bearings) and parts 
thereof from France, et al., 57 FR 28360 (June 24, 1992) (AFBs II). The 
CIT had previously remanded the final results to the Department for the 
reconsideration of a number of issues for SKF-France. The CIT has now 
entered final judgment on all issues. The results covered the period 
May 1, 1990 through April 30, 1991.

EFFECTIVE DATE: July 15, 1995.

FOR FURTHER INFORMATION CONTACT: Dave Dirstine or Richard Rimlinger, 
Office of Antidumping Compliance, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482-
4733.

SUPPLEMENTARY INFORMATION:

Background

    On January 20, 1995, the CIT in SKF-France, Slip Op. 95-123, 
remanded AFBs II to the Department to (1) include in the Department's 
circumstance-of-sale adjustment ``first level'' indirect selling 
expenses (these are expenses incurred by the SKF manufacturers on sales 
to SOS, a related distributor, that relate to SOS's sales of subject 
merchandise to unrelated customers) incurred by SKF affiliated 
manufacturers Sarma, ADR, and SKF France, S.A. (collectively known as 
``SKF''); (2) reduce the amount of the home market indirect selling 
expense adjustment only for expenses incurred by SKF which do not 
relate to SOS's sales of subject merchandise to unrelated customers; 
and (3) apply the U.S. inland insurance rate to inventory value instead 
of to unit price. The Department submitted its results of 
redetermination pursuant to this remand order on April 25, 1995. On 
July 5, 1995, in SKF-France, the CIT affirmed the Department's results 
of remand 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 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 on July 5, 
1995, constitutes a decision not in harmony with the Department's final 
results. Publication of this notice fulfulls this obligation.
    Pursuant to the decision in Timken, the Department must continue 
the 

[[Page 40159]]
suspension of liquidation of entries 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 AFBs II to reflect the amended margins of 
the Department's redetermination on remand, which was affirmed by the 
CIT.

    Dated: July 28, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-19433 Filed 8-4-95; 8:45 am]
BILLING CODE 3510-DS-P