[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]]
-----------------------------------------------------------------------
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