[Federal Register Volume 62, Number 153 (Friday, August 8, 1997)]
[Notices]
[Pages 42745-42746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20934]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-475-801]


Antifriction Bearings (Other Than Tapered Roller Bearings) and 
Parts Thereof From the United Kingdom; Notice of United States Court of 
International Trade Decision

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

ACTION: Notice of court decision.

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SUMMARY: On June 18, 1997, in FAG U.K. et al. v United States, Slip Op. 
97-77 (FAG U.K.), the United States Court of International Trade (CIT) 
affirmed the Department of Commerce's (the Department) final result of 
redetermination pursuant to court remand (final remand results) of the 
final results of the fourth administrative review of the antidumping 
duty order on antifriction bearings (other than tapered roller 
bearings) and parts thereof from the United Kingdom (final results).\1\ 
The CIT has now entered final judgment on all issues. The final results

[[Page 42746]]

covered the period May 1, 1992 through April 30, 1993.

    \1\ Antifriction Bearings (Other Than Tapered Roller Bearings) 
and Parts Thereof From France, et al.; Final Results of Antidumping 
Duty Administrative Reviews, Partial Termination of Administrative 
Reviews, and Revocation in Part of Antidumping Duty Orders (60 FR 
10,900 (Feb. 28, 1995)), as amended by Antifriction Bearings (Other 
Than Tapered Roller Bearings) and Parts Thereof From France; 
Amendment to Final Results of Antidumping Duty Administrative 
Reviews and Rescision of Partial Revocation of Antidumping Duty 
Order (60 FR 16,608 (March 31, 1995)) (Amended Final Results) 
(collectively ``final Results'').
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EFFECTIVE DATE: August 8, 1997.

FOR FURTHER INFORMATION CONTACT: J. David Dirstine or Richard 
Rimlinger, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th and Constitution Avenue, N.W., 
Washington D.C. 20230; telephone (202) 482-4733.

SUPPLEMENTARY INFORMATION: 

Background

    On November 1, 1996, the CIT in FAG U.K. et al. v. United States, 
Slip Op. 96-177, remanded the final results to the Department to: (1) 
Utilize the tax-neutral methodology for adjusting for value-added taxes 
(VAT) approved by the United States Court of Appeals for the Federal 
Circuit (CAFC) in Federal-Mogul Corp. v. United States, 63 F.3d 1572 
(Fed. Cir. 1995) (see final redetermination); (2) correct the computer 
program so that the insurance values reported in dollars are not 
further converted; (3) correct the computer program so that the VAT is 
only applied to the HEDGE value once; and (4) correct a clerical error 
with respect to FAG-Barden's U.S. sales. The Department complied with 
the CIT's order and, on February 14, 1997, submitted the final remand 
results to the CIT.
    The recalculated, weighted-average percentage dumping margins for 
NSK-RHP and FAG-Barden during the period May 1, 1992, through April 30, 
1993, for ball bearings (BBs) and cylindrical roller bearings (CRBs) 
were as follows:

------------------------------------------------------------------------
                                                      The United Kingdom
                       Company                       -------------------
                                                         BBs      CRBs  
------------------------------------------------------------------------
NSK-RHP.............................................     14.49     20.03
FAG-Barden..........................................      4.65      8.22
------------------------------------------------------------------------

    On June 18, 1997, in FAG U.K., the CIT affirmed the Department's 
final remand results 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 CAFC 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 June 18, 1997, constitutes a decision not in 
harmony with the Department's final results. Publication of this notice 
fulfills this obligation.
    Pursuant to the decision in Timken, the Department must continue 
the suspension of liquidation of the subject merchandise pending the 
latter 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 results of the fourth administrative 
review of the antidumping duty order on antifriction bearings (other 
than tapered roller bearings) and parts thereof from the United Kingdom 
to reflect the amended margins of the Department's final remand 
results, which were affirmed by the CIT.

    Dated: July 31, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-20934 Filed 8-7-97; 8:45 am]
BILLING CODE 3510-DS-M