[Federal Register Volume 66, Number 217 (Thursday, November 8, 2001)]
[Notices]
[Pages 56538-56540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28093]



[[Page 56538]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-604]


Tapered Roller Bearings, Finished and Unfinished, and Parts 
Thereof, 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.

-----------------------------------------------------------------------

SUMMARY: Since the publication of the October 6, 1987, antidumping duty 
order on tapered roller bearings (TRBs), finished and unfinished, and 
parts thereof, from Japan (52 FR 37352), the Department of Commerce 
(the Department) has published the following final results of 
administrative reviews of the TRBs order:

------------------------------------------------------------------------
            Date of publication                   Periods reviewed
------------------------------------------------------------------------
August 21, 1991...........................  1987-1988
February 11, 1992.........................  1988-1989
February 11, 1992.........................  1989-1990
March 16, 1992............................  1989-1990 (amended)
December 9, 1993..........................  1990-1992
January 18, 1994..........................  1990-1992 (amended)
November 7, 1996..........................  1992-1993 (all companies
                                             reviewed but Koyo Seiko
                                             Co., Ltd. (Koyo))
March 13, 1997............................  1994-1995
January 15, 1998..........................  1995-1996
March 19, 1998............................  1995-1996 (amended)
April 27, 1998............................  1993-1994 (and 1992-1993 for
                                             Koyo)
November 17, 1998.........................  1996-1997
March 6, 2000.............................  1997-1998
March 15, 2001............................  1998-1999
------------------------------------------------------------------------

    Subsequent to our publication of each of the above final results of 
administrative reviews, parties to the proceedings challenged certain 
aspects of our final results before the Court of International Trade 
(the Court) and, in certain instances, before the United States Court 
of Appeals for the Federal Circuit (the Federal Circuit).
    With respect to the final results covering the 1992-1993 (Koyo 
only), 1993-1994, 1995-1996, 1996-1997, 1997-1998, and 1998-1999 review 
periods, the Court has not yet issued final and conclusive decisions. 
Therefore, we are unable at this time to publish amended final results 
for these periods or instruct Customs to liquidate entries of subject 
merchandise made by certain manufacturers/exporters during these 
periods.
    The Court, however, has issued a final and conclusive decision 
regarding the Department's 1995 forgings scope determination. The 
Court's decision affects the liquidation of any suspended entries of 
TRBs and forgings, manufactured by Koyo and entered on or after October 
1, 1990. See Final Affirmative Determination in Scope Inquiry on 
Antidumping Duty Order on Tapered Roller Bearings and Parts Thereof 
From Japan, 60 FR 6519 (February 2, 1995) (Final Scope Determination); 
see also the Department's ``Final Results of Redetermination Pursuant 
to Court Remand,'' November 25, 1996, in Timken Co. v. United States, 
Slip Op. 96-149 (August 28, 1996). As there is now a final and 
conclusive court decision with respect to the forgings scope 
litigation, we are amending our final results of review for certain 
periods and will subsequently instruct Customs to liquidate entries 
subject to these reviews.

EFFECTIVE DATE: November 8, 2001.

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

    On April 10, 1998, the Department published a Notice of Final Court 
Decisions and Amended Final Results of Antidumping Duty Administrative 
Reviews (Amended Final Results) for certain administrative review 
periods between 1979 and 1992 (63 FR 17815). In the Amended Final 
Results, the Department noted that, although there were final and 
conclusive court decisions with respect to litigation regarding A-588-
604 administrative review periods 1987-1988, 1988-1989, 1989-1990, and 
1990-1992, we could not amend the final results of review for Koyo at 
that time due to pending forgings scope litigation at the Court. The 
Department indicated that, upon completion of this litigation, it would 
publish the amended final results of these review periods.
    On July 28, 1998, the forgings scope litigation was completed when 
the Federal Circuit issued its decision in Koyo Seiko Co., Ltd. v. 
United States, No. 98-1050, -1051 (Fed. Cir. July 28, 1998). As there 
is now a final and conclusive court decision, we are amending our final 
results of review for Koyo for the above-referenced review periods.
    Below is a summary of the litigation for each of Koyo's final 
results for which the Court has issued final and conclusive decisions. 
The summary highlights those court decisions which were not in harmony 
with the Department's original final results or required a 
recalculation of Koyo's final results margin. It is important to note 
that, because litigation for each TRBs final results was 
unconsolidated, the Court often issued two or more orders throughout 
the course of litigation for a given final results which required us to 
recalculate Koyo's final results margin several times. To ensure the 
accurate calculation of amended final results, any recalculation we 
performed for Koyo pursuant to a specific order reflected all 
recalculations we performed pursuant to earlier orders. As a result, 
our recalculation pursuant to the last order requiring a recalculation 
of Koyo's final results margin reflects the final amended margin for 
Koyo, provided that final and conclusive decisions have been made by 
the Court with respect to each segment of litigation which impacted 
Koyo's final results.

The 1987-1988 Review Period

    The decisions issued by the Court with respect to Koyo's final 
results which were not in harmony with the Department's original final 
results or required a recalculation of Koyo's final results margin 
were:
     Koyo v. U.S., Slip Op. 93-185 (September 21, 1993).
     Koyo v. U.S., Slip Op. 93-241 (December 21, 1993) 
affirmed/dismissed, Slip Op. 94-57 (April 5, 1993).
      Koyo v. U.S., Federal Circuit Appeal No. 94-1363 
(September 20, 1995 decision and November 14, 1995 mandate) (The 
Federal Circuit overturned the Court's order in Slip Op. 93-185 and 
ordered the Department to remove the 10-percent cap from the 
Department's sum-of-the-deviations, model-match methodology).
     Koyo v. U.S., Slip Op. 95-193 (November 22, 1995) (The 
Court's remand in light of the Federal Circuit's September 20th 
decision and November 14th mandate) affirmed/dismissed, Slip Op. 96-92 
(June 12, 1996).
    As there are now final and conclusive court decisions with respect 
to each segment of the litigation which affects Koyo's 1987-1988 final 
results for the

[[Page 56539]]

A-588-604 order, we are amending our final results of review for Koyo 
based on the last court order which required a recalculation of Koyo's 
rate (Koyo Seiko Co., Ltd. v. U.S., Slip Op. 95-193 (November 22, 
1995)). Because the margin we calculated for Koyo pursuant to this 
court order reflected previous recalculations of Koyo's rate we made 
pursuant to earlier court orders, the amended final results margin for 
Koyo is that which we calculated pursuant to Slip Op. 95-193 (36.29%). 
We will subsequently issue instructions to Customs to liquidate entries 
subject to the A-588-604 order manufactured by Koyo and imported into 
the United States during this period pursuant to these amended final 
results.

The 1988-1989 Review Period

    The decisions issued by the Court with respect to Koyo's final 
results which were not in harmony with the Department's original final 
results or required a recalculation of Koyo's final results margin 
were:
     Koyo v. U.S., Slip Op. 94-123 (July 29, 1994) affirmed/
dismissed, Slip Op. 95-19 (February 10, 1995).
     Koyo v. U.S., Federal Circuit No. 95-1300,-1341 (March 19, 
1996 decision and March 20, 1996 mandate) (The Federal Circuit 
overturned the Court's order in Slip Op. 94-123 and ordered the 
Department to remove the 10-percent cap to the Department's sum-of-the-
deviations, model-match methodology).
     Koyo v. U.S., Slip Op. 96-91 (The Court's remand to the 
Department in light of the Federal Circuit's March 19th decision and 
March 20th mandate) affirmed/dismissed, Slip Op. 96-144 (August 23, 
1996).
    As there are now final and conclusive court decisions with respect 
to each segment of the litigation which affects Koyo's 1988-1989 final 
results for the A-588-604 order, we are amending our final results of 
review for Koyo based on the last court order which required a 
recalculation of Koyo's rate (Koyo Seiko Co., Ltd. v. U.S., Slip Op. 
96-91 (June 12, 1996)). Because the margin we calculated for Koyo 
pursuant to Slip Op. 96-91 reflected previous recalculations of Koyo's 
rate we made pursuant to earlier orders, the amended final results 
margin for Koyo is that which we calculated pursuant to Slip Op. 96-91 
(24.88%). We will subsequently issue instructions to Customs to 
liquidate entries subject to the A-588-604 order manufactured by Koyo 
and imported into the United States during this period pursuant to 
these amended final results.

The 1989-1990 Review Period

    The decisions issued by the Court with respect to Koyo's final 
results which were were not in harmony with the Department's original 
final results or required a recalculation of Koyo's final results 
margin were:
     Koyo v. U.S., Slip Op. 94-119 (July 21, 1994) affirmed/
dismissed, Slip Op. 95-18 (February 10, 1995).
     Timken v. U.S., Slip Op. 94-141 (September 14, 1994) 
affirmed/dismissed, Slip Op. 95-26 (February 10, 1995).
     Timken v. U.S., Federal Circuit No. 95-1305 (February 29, 
1996 decision and mandate) (The Federal Circuit ordered the Department 
to recalculate Koyo's final results margin using a tax-neutral VAT 
calculation methodology).
     Timken v. U.S., Slip Op 96-70 (April 19, 1996) (The 
Court's order in light of the Federal Circuit's February 29, 1996 
decision and mandate) affirmed /dismissed, Slip Op. 96-116 (July 25, 
1996).
     Koyo v. U.S., Federal Circuit No. 95-1294, -1303 (March 
20, 1996 decision and mandate) (The Federal Circuit overturned the 
Court's order in Slip Op. 94-119 and ordered the removal of the 10-
percent cap from the Department's sum-of-the-deviations, model-match 
methodology. The Federal Circuit also upheld the Court's determination 
in Slip Op. 94-119 concerning Koyo's U.S. discounts and dismissed the 
95-1303 appeal).
     Koyo v. U.S., Slip Op. 96-94 (June 12, 1996) (The Court's 
remand in light of the Federal Circuit's March 20, 1996 decision and 
mandate) affirmed/dismissed, Slip Op. 96-143 (August 23, 1996).
    As there are now final and conclusive court decisions with respect 
to both Court No. 92-03-00161 (Timken) and Court No. 92-03-00156 (Koyo) 
litigations, we are amending our final results of review for Koyo based 
on the last court order which required a recalculation of Koyo's rate 
(Koyo Seiko Co., Ltd. v. U.S., Slip Op. 96-94 (June 12, 1996)). Because 
the margin we calculated for Koyo pursuant to Slip Op. 96-94 reflected 
previous recalculations of Koyo's rate we made pursuant to earlier 
orders, the amended final results margin for Koyo is that which we 
calculated pursuant to Slip Op. 96-94 (30.08%). We will subsequently 
issue instructions to Customs to liquidate entries subject to the A-
588-604 order manufactured by Koyo and imported into the United States 
during this period pursuant to these amended final results.

The 1990-1992 Review Periods

    The decisions issued by the Court with respect to Koyo's final 
results which were were not in harmony with the Department's original 
final results or required a recalculation of Koyo's final results 
margin were:
     Koyo v. U.S., Slip Op. 96-101 (June 19, 1996) affirmed/
dismissed, Slip Op. 96-173 (October 25, 1996).
     Timken v. U.S., Slip Op. 96-86 (May 31, 1996) affirmed/
dismissed, Slip Op. 97-87 (July 3, 1997).
    As there are now final and conclusive court decisions for both 
Court No. 94-01-00008 (Timken) and Court No. 93-12-00795 (Koyo) 
litigations affecting Koyo's final results, we are amending our final 
results of review for Koyo based on that which we calculated pursuant 
to Timken v. U.S., Court No. 94-01-00008, Slip Op. 96-86, May 31, 1996. 
Because the margin we calculated for Koyo pursuant to Slip Op. 96-86 
reflected all prior recalculations made to Koyo's margin pursuant to 
earlier orders, the amended final results margin for Koyo for the 1990-
1991 and 1991-1992 periods for merchandise subject to the A-588-604 
order is that which we calculated pursuant to Slip Op. 96-86 (17.36% 
for 1990-1991 and 24.87% for 1991-1992).
    Prior to the spring of 1993, Customs classified rough forgings 
manufactured by Koyo under the Harmonized Tariff Schedule of the United 
States (HTSUS) subheading 7326.19.00, which described merchandise 
falling outside the scope of the TRBs antidumping duty order. Because 
the rough forgings were not classified under the scope of the order, 
Customs did not suspend liquidation of forgings entries under the 
antidumping duty order. During the spring of 1993, after determining 
that forgings were misclassified under HTSUS subheading 7326.19.00, 
Customs began classifying the merchandise under HTSUS subheadings 
8484.99.10 or 8482.99.30. Customs also began to suspend the liquidation 
of Koyo's rough forgings entries pursuant to the antidumping duty order 
after the reclassification.
    In response to Customs' reclassification and subsequent suspension 
of liquidation of rough forgings entries during the spring of 1993, 
Koyo submitted a request for a scope inquiry to the Department on 
September 17, 1993. The Department initiated the scope inquiry on 
September 28, 1993, and, as stated in the Summary section of this 
notice, published its Final Scope Determination on February 2, 1995. 
Parties to the proceeding challenged the Department's

[[Page 56540]]

final affirmative scope determination; in response, the Court issued a 
final and conclusive court decision with respect to the rough forgings 
scope litigation.
    The Court determined that the Department should liquidate entries 
of rough forgings suspended since the publication of the A-588-604 
antidumping duty order in 1987 without re-opening or re-reviewing any 
closed segment of the proceeding. The Department considers as open any 
segments of an antidumping proceeding which were ongoing at the time 
the scope issue was first raised before the Department with respect to 
forgings (i.e., as of Koyo's September 17, 1993 request for a scope 
inquiry). This decision thus requires liquidation under the TRBs order 
of all rough forgings entries suspended during any administrative 
review period open at the time the Department received the scope 
inquiry. Because the final results of the 1990-1992 reviews were not 
published until December 9, 1993 (see Final Results of Antidumping Duty 
Administrative Reviews; 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, 
58 FR 64720), which was after the date on which Koyo filed its scope 
inquiry, the Department will liquidate all entries of rough forgings 
suspended during the 1990-1992 review periods under the TRBs 
antidumping duty order. Therefore, we will issue instructions to 
Customs to liquidate all suspended entries of TRBs and forgings subject 
to the A-588-604 order manufactured by Koyo during these periods 
pursuant to these amended final results.

Amendment To Final Determinations

    Pursuant to 19 U.S.C. 1516a(e), we are now amending the final 
results of administrative reviews of the antidumping duty order on TRBs 
from Japan (A-588-604) for Koyo. The weighted-average margins are as 
follows:

------------------------------------------------------------------------
                                                         Final results
                        Period                         margin  (percent)
------------------------------------------------------------------------
3/27/87-9/30/88......................................              36.29
10/1/88-9/30/89......................................              24.88
10/1/89-9/30/90......................................              30.08
10/1/90-9/30/91......................................              17.36
10/1/91-9/30/92......................................              24.87
------------------------------------------------------------------------

Appraisement Methodology

    Accordingly, the Department will determine and Customs will assess 
appropriate antidumping duties on entries of the subject merchandise 
manufactured/entered by Koyo covered by the reviews of the periods 
listed above. The Department will instruct Customs to liquidate TRBs 
manufactured by Koyo and entered into United States during the first 
three administrative review periods (1987-1988, 1988-1989, and 1989-
1990) using the above-referenced weighted-average margins. As a result 
of the Court's decision with regard to the rough forgings scope 
litigation, the Department will instruct Customs to liquidate all 
suspended entries of TRBs and rough forgings manufactured by Koyo and 
entered into the United States between October 1, 1990 and September 
30, 1992 using importer-specific assessment rates. The Department will 
issue appraisement instructions directly to Customs.

    Dated: October 15, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-28093 Filed 11-7-01; 8:45 am]
BILLING CODE 3510-DS-P