[Federal Register Volume 63, Number 136 (Thursday, July 16, 1998)]
[Notices]
[Pages 38369-38370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18881]
[[Page 38369]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-801, A-475-801, A-401-801]
Antifriction Bearings (Other Than Tapered Roller Bearings) and
Parts Thereof From Germany, Italy, and Sweden; Amended Final Results of
Antidumping Duty Administrative Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final court decision and amended final results of
administrative reviews.
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SUMMARY: On May 7, 1998, the United States Court of Appeals for the
Federal Circuit affirmed the United States Court of International
Trade's affirmation of the Department of Commerce's final remand
results affecting final assessment rates for the third administrative
reviews of the antidumping duty orders on antifriction bearings (other
than tapered roller bearings) and parts thereof from Germany, Italy,
and Sweden with respect to SKF. The classes or kinds of merchandise
covered by these reviews are ball bearings and parts thereof,
cylindrical roller bearings and parts thereof, and spherical plain
bearings and parts thereof. As there is now a final and conclusive
court decision in these actions, we are amending our final results of
reviews and we will instruct the U.S. Customs Service to liquidate
entries subject to these reviews.
EFFECTIVE DATE: July 16, 1998.
FOR FURTHER INFORMATION CONTACT: Dave Dirstine or Richard Rimlinger,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, D.C. 20230; telephone: (202) 482-4033 or (202) 482-4477.
Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (the Act), are references to the provisions in effect
as of December 31, 1994. In addition, unless otherwise indicated, all
citations to the Department of Commerce's (the Department's)
regulations are to the regulations as codified at 19 CFR Part 353
(April 1, 1997).
SUPPLEMENTARY INFORMATION:
Background
On July 26, 1993, the Department published its final results of
administrative reviews of the antidumping duty orders on antifriction
bearings (other than tapered roller bearings) and parts thereof from
France, Germany, Italy, Japan, Romania, Singapore, Sweden, Thailand,
and the United Kingdom, covering the period May 1, 1991 through April
30, 1992 (AFBs III) (58 FR 39729). These final results were amended on
August 9, 1993, September 30, 1993, December 15, 1993, February 28,
1994, and April 16, 1998 (see 58 FR 42288, 58 FR 51055, 58 FR 65576, 59
FR 9469, and 63 FR 18877, respectively). The classes or kinds of
merchandise covered by these reviews are ball bearings and parts
thereof (BBs), cylindrical roller bearings and parts thereof (CRBs),
and spherical plain bearings and parts thereof (SPBs). Subsequently,
two domestic producers, the Torrington Company and Federal-Mogul, and a
number of other interested parties filed lawsuits with the U.S. Court
of International Trade (CIT) challenging the final results. These
lawsuits were litigated at the CIT and the United States Court of
Appeals for the Federal Circuit (CAFC). On April 16, 1998, as a result
of a final court decision, we issued amended final results for all
firms whose dumping margins had changed as a result of litigation
except for SKF GmbH (SKF Germany), SKF Industrie S.p.A. (SKF Italy),
and SKF Sverige AB (SKF Sweden). See Antifriction Bearings (Other Than
Tapered Roller Bearings) and Parts Thereof from France, et al.; Amended
Final Results of Antidumping Duty Administrative Reviews (63 FR 18877)
(Amended Final Results). At that time, our determination of SKF
Germany's, SKF Italy's, and SKF Sweden's dumping margins were still
subject to outstanding litigation.
On May 7, 1998, the CAFC affirmed the CIT's decision in Federal-
Mogul Corp. v. United States, 951 F. Supp. 1026 (Federal-Mogul). The
Torrington Company and Federal-Mogul Corporation v. United States, 1998
U.S. App. LEXIS 12370 (May 7, 1998) (Torrington). The CIT's decision in
Federal-Mogul affirmed the Department's remand results which were
prepared pursuant to the CIT's earlier decision in Federal-Mogul Corp.
v. United States, 918 F. Supp. 386 (1996), with respect to SKF Germany,
SKF Italy, and SKF Sweden, among others, and dismissed the case. As a
result of this and other litigation cited in our April 16, 1998, notice
of Amended Final Results, we have made methodological changes and
recalculated the dumping margins for SKF Germany, SKF Italy, and SKF
Sweden. Specifically, the Department has, inter alia, (1) reconsidered
its methodology for computing inventory carrying costs; (2) denied an
adjustment to foreign market value (FMV) for home market (HM) pre-sale
freight expenses where FMV was calculated using purchase price; (3)
developed a methodology which removes post-sale price adjustments and
rebates paid on sales of out-of-scope merchandise from its calculations
of FMV or, if no viable method could be developed, denied such an
adjustment in its calculation of FMV; and (4) corrected certain
clerical errors.
As there is now a final and conclusive court decision with respect
to SKF Germany, SKF Italy, and SKF Sweden, we are amending our final
results of review for these companies and we will subsequently instruct
the U.S. Customs Service to liquidate the relevant entries subject to
these reviews.
Amendment to Final Results
Pursuant to section 516A(e) of the Act, we are now amending the
final results of administrative reviews of the antidumping duty orders
on antifriction bearings (other than tapered roller bearings) and parts
thereof from Germany, Italy, and Sweden, for the period May 1, 1991,
through April 30, 1992, with respect to SKF Germany, SKF Italy, and SKF
Sweden. The revised weighted-average percentage margins are as follows:
------------------------------------------------------------------------
Company BBs CRBs SPBs
------------------------------------------------------------------------
Germany
SKF.................................... 17.66 8.66 8.98
Italy
SKF.................................... 4.98 0.00
Sweden
SKF.................................... 7.77 4.80
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Accordingly, the Department will determine and the U.S. Customs
Service will assess appropriate antidumping duties on entries of the
subject merchandise produced by SKF Germany, SKF Italy, and SKF Sweden.
Individual differences between United States price and foreign market
value may vary from the percentages listed above. The Department will
issue appraisement instructions to the U.S. Customs Service after
publication of these amended final results of reviews.
This notice is published pursuant to section 751(a) of the Act.
[[Page 38370]]
Dated: July 2, 1998.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 98-18881 Filed 7-15-98; 8:45 am]
BILLING CODE 3510-DS-P