[Federal Register Volume 65, Number 69 (Monday, April 10, 2000)]
[Notices]
[Pages 18972-18973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8823]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-054 and A-588-604]


Tapered Roller Bearings, Four Inches or Less in Outside Diameter, 
and Components Thereof, From Japan, and Tapered Roller Bearings and 
Parts Thereof, Finished and Unfinished, From Japan: Final Court 
Decisions and Amended Final Results of Antidumping Duty Administrative 
Reviews

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

ACTION: Notice of final court decisions and amended final results of 
antidumping duty administrative reviews.

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SUMMARY: On November 7, 1996, the Department of Commerce (the 
Department) published the final results of its administrative reviews 
of the antidumping duty order on tapered roller bearings (TRBs) and 
parts thereof, finished and unfinished, from Japan (A-588-604), and the 
antidumping finding on TRBs, four inches or less in outside diameter, 
and components thereof, from Japan (A-588-054) for the period October 
1, 1992 through September 30, 1993. See Tapered Roller Bearings and 
Parts Thereof, Finished and Unfinished, From Japan and Tapered Roller 
Bearings, Four Inches or Less in Outside Diameter, and Components 
Thereof, From Japan; Final Results of Antidumping Duty Administrative 
Reviews and Revocation in Part of an Antidumping Finding, 61 FR 57629 
(November 7, 1996) (1992-93 TRBs from Japan). Subsequent to our 
publication of these final results, parties to the proceedings 
challenged certain aspects of our final results before the United 
States Court of International Trade (the CIT) and, in certain 
instances, before the United States Court of Appeals for the Federal 
Circuit (the Federal Circuit).
    The CIT recently affirmed final remand results with respect to the 
1992-93 final results. As there are now final and conclusive court 
decisions with respect to litigation for these parties, we are hereby 
amending our final results of review and will subsequently instruct 
Customs to liquidate entries subject to these reviews.

EFFECTIVE DATE: April 10, 2000.

FOR FURTHER INFORMATION CONTACT: Deborah Scott or Robert James, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone (202) 482-2657 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Below is a summary of the litigation for the 1992-93 final results 
for which the CIT and Federal Circuit have issued final and conclusive 
decisions.
    On November 7, 1996, we published in the Federal Register our 
notice of the final results of administrative reviews for the 1992-93 
period of review (POR) for 16 manufacturers/resellers/exporters (see 
1992-93 TRBs from Japan). Subsequent to the publication of these final 
results, the petitioner (The Timken Co. (Timken)) and two respondents, 
NSK Ltd. (NSK), and NTN Corporation (NTN), challenged various aspects 
of our final results before the CIT. (See CIT

[[Page 18973]]

Ct. Nos. 96-12-02686, 96-12-02730, and 96-12-02740, which were 
consolidated into Consolidated Court No. 96-12-02686.) The CIT has 
issued decisions with respect to this litigation which are now final 
and conclusive.
    The decisions issued by the CIT and Federal Circuit with respect to 
the Department's final results were as follows:
     Timken v. U.S., 989 F. Supp. 234 (CIT 1997). The CIT 
remanded the case and ordered the Department to: (1) treat NTN's home 
market discounts and NSK's return rebates, post-sales price adjustments 
(PSPAs), lump-sum PSPAs, and stock transfer commissions as direct 
expenses; (2) investigate possible dumping of relevant Honda TRB sales 
during the period April 1, 1993 through March 31, 1997 and, upon a 
determination that Honda's dumping margin has been zero or de minimis 
for this period and pursuant to a request for revocation by Honda, 
revoke the antidumping order with respect to Honda; (3) exclude any 
zero-priced sample sales from NSK's sales database; (4) recalculate the 
below-cost sales for NSK using the COP database submitted by NSK's 
related supplier of inputs; (5) (a) explain the circumstances in which 
it treats related-party commissions as intra-company transfers when it 
applies its test for determining whether a circumstance-of-sale 
adjustment should be made to foreign market value (FMV) for 
commissions, (b) explain conflicting statements as to whether NTN's 
commission payments were included in or excluded from indirect selling 
expenses for exporter's sales price (ESP) transactions, and (c) 
reconsider its treatment of the commission payments to NTN's related 
U.S. affiliate; (6) reconsider its treatment of NTN's U.S. and home 
market selling expenses with respect to level of trade; and (7) allow 
NTN's downward adjustment to U.S. indirect selling expenses for 
interest incurred when financing antidumping duty cash deposits.
     Timken v. U.S., 46 F. Supp. 2d 1052 (CIT 1999). The CIT 
affirmed the Department's remand results and dismissed the litigation 
for Consolidated Court No. 96-12-02686.
     Timken v. U.S., 1 F. Supp. 2d 1390 (CIT 1998). The CIT 
granted the Department's and Honda's motions for reconsideration of the 
Honda issue and set aside the portions of its decision in the 96-12-
02686 litigation ordering the Department to investigate possible 
dumping by Honda during the 1993 through 1997 period. The CIT thereby 
affirmed the Department's revocation of Honda as described in 1992-93 
TRBs from Japan.
     NTN v. U.S., No. 99-1461 (Fed. Cir. November 5, 1999). 
Pursuant to NTN's voluntary motion to dismiss, the Federal Circuit 
dismissed NTN's appeal of the CIT's decisions in the 96-12-02686 
litigation.
    As there are now final and conclusive court decisions with respect 
to the 96-12-02686 litigation, we are amending our final results of 
review for NSK and NTN based on our recalculation of NSK's and NTN's 
rates pursuant to the remand. The amended final results margins for NSK 
are 11.42 percent in the A-588-054 review and 10.28 percent in the A-
588-604 review. The amended final results margin for NTN in the A-588-
604 review is 16.55 percent.\1\ We will issue instructions to Customs 
to liquidate entries of subject merchandise made by NSK and NTN during 
this period pursuant to these amended final results.
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    \1\ The A-588-054 antidumping finding does not cover TRBs 
manufactured by NTN.
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    Since the CIT affirmed the Department's revocation of Honda, we 
will issue instructions to Customs to liquidate entries of subject 
merchandise exported by Honda as described in 1992-93 TRBs from Japan 
at 57652.
    In addition, as we have not amended the margins of any of the 
remaining manufacturers/resellers/exporters subject to the 1992-93 
administrative reviews of TRBs from Japan, we will issue instructions 
to Customs to liquidate entries of subject merchandise based on the 
rates published in 1992-93 TRBs from Japan.

Amendment to Final Determinations

    Pursuant to 19 U.S.C. 1516(f), we are now amending the final 
results of the 1992-93 administrative reviews of the antidumping 
finding and duty order on TRBs from Japan. The amended weighted-average 
margins are:

------------------------------------------------------------------------
                                                                 Margin
                    Manufacturer/exporter                      (percent)
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For the A-588-054 finding:
    NSK......................................................     11.42
For the A-588-604 duty order:
    NSK......................................................     10.28
    NTN......................................................     16.55
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    Accordingly, the Department will determine and Customs will assess 
appropriate antidumping duties on entries of the subject merchandise 
made by firms covered by the review of the period listed above. The 
Department will issue appraisement instructions directly to Customs.

    Dated: March 27, 2000.
Robert LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 00-8823 Filed 4-7-00; 8:45 am]
BILLING CODE 3510-DS-P