[Federal Register Volume 66, Number 222 (Friday, November 16, 2001)]
[Notices]
[Pages 57704-57706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28758]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-801]


Antifriction Bearings (Other Than Tapered Roller Bearings) and 
Parts Thereof From Germany; Notice of Amended Final Results of 
Antidumping Duty Administrative Reviews Pursuant to Final Court 
Decision

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

ACTION: Notice of amended final results of administrative reviews 
pursuant to final Court decision.

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

SUMMARY: The United States Court of International Trade and the United 
States Court of Appeals for the Federal Circuit have affirmed the 
Department of

[[Page 57705]]

Commerce's final remand results affecting final assessment rates for 
the administrative reviews of the antidumping duty orders on 
antifriction bearings (other than tapered roller bearings) and parts 
thereof from Germany. 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. The period of review is May 1, 1992, through April 30, 1993. 
As there is now a final and conclusive court decision in this case, we 
are amending our final results of reviews and we will instruct the 
Customs Service to liquidate entries subject to these reviews.

EFFECTIVE DATE: November 16, 2001.

FOR FURTHER INFORMATION CONTACT: Katja Kravetsky or Mark Ross, AD/CVD 
Enforcement 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
4733.

SUPPLEMENTARY INFORMATION:

The 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 
(1995).

Background

    On February 28, 1995, 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, Singapore, Sweden, Thailand, and the 
United Kingdom, covering the period May 1, 1992, through April 30, 
1993. See 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 10900 
(February 28, 1995). These final results were amended on February 28, 
1995, June 13, 1995, and September 26, 1995 (see 60 FR 10967, 60 FR 
31142, and 60 FR 49568, 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). A domestic 
producer, the Torrington Company, and a number of respondent interested 
parties challenged the final results in the United States Court of 
International Trade (CIT).
    In INA Walzlager Schaeffler KG, and INA Bearing Company, Inc., FAG 
Kugelfischer Georg Schafer AG, FAG Bearings Corporation, SKF USA Inc., 
and SKF GmbH v. United States, 957 F. Supp. 251 (CIT 1997), the CIT 
ordered the Department to make methodological changes and to 
recalculate the antidumping margins for INA, FAG, and SKF. 
Specifically, the CIT ordered the Department, inter alia, to make the 
following changes:
    (1) Deduct imputed interest for INA's credit expenses and inventory 
carrying expenses from cost of production (COP);
    (2) Adjust the profit calculation for INA for the differences 
between sales COP and constructed value COP;
    (3) Apply a tax-neutral amount methodology in computing the value-
added tax (VAT) adjustment;
    (4) Deny the adjustment to foreign market value (FMV) for FAG's 
negative billing adjustments, post-sale price adjustments, and third-
party discounts;
    (5) Allow a direct adjustment to FMV for SKF's rebate two; and
    (6) Explain the circumstances in which the Department will apply 
the reimbursement regulation in exporter's-sales-price (ESP) 
situations.
    On June 3, 1997, the Department submitted the recalculated results 
consistent with the CIT's remand order. The Department deducted imputed 
interest for INA's credit and inventory carrying costs from COP and 
adjusted the profit calculation for the differences between sales COP 
and constructed value COP; applied a tax-neutral methodology in 
computing the VAT adjustment for all three respondents; denied the 
indirect selling expense adjustment to FMV for FAG's negative billing 
adjustments, post-sale price adjustments, and third-party discounts; 
allowed a direct adjustment to FMV for SKF's rebate two; and explained 
the circumstances under which we will apply the regulation regarding 
reimbursement of antidumping duties in ESP situations.
    On September 29, 1997, the CIT affirmed the Department's Final 
Results of Redetermination on Remand (Slip Op. 97-141).
    One respondent, SKF, appealed two issues, the Department's denial 
of SKF's billing adjustment two and cash discounts, to the Court of 
Appeals for the Federal Circuit (CAFC).
    On June 10, 1999, the CAFC agreed that the Department properly 
disallowed SKF's billing adjustment two and cash discounts because the 
claimed adjustments were not limited to merchandise within the scope of 
the antidumping duty order. SKF USA Inc. and SKF GmbH v. U.S., 180 F. 
3d 1370 (Fed. Cir. 1999). This decision was not appealed.
    As there is a final and conclusive court decision in this action, 
we are amending our final results of review in this matter, and we will 
instruct the Customs Service to liquidate 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 the administrative reviews of the antidumping duty 
orders on antifriction bearings (other than tapered roller bearings) 
and parts thereof from Germany for the period May 1, 1992, through 
April 30, 1993. The revised weighted-average percentage margins are as 
follows:

------------------------------------------------------------------------
                   Company                       BBs      CRBs     SPBs
------------------------------------------------------------------------
INA Walzlager Schaeffler KG..................    26.62     9.72    (\1\)
FAG Kugelfischer Georg Schafer AG............     9.38    12.32    14.46
SKF GmbH.....................................    14.48     9.97   21.35
------------------------------------------------------------------------
\1\ No shipments during the period of review.

Assessment Rates

    Accordingly, the Department will determine, and the Customs Service 
will assess, antidumping duties on all appropriate entries. Individual 
differences between United States price and foreign market value may 
vary from the percentages listed above. For companies covered by these 
amended results, the Department will issue appraisement instructions to 
the

[[Page 57706]]

Customs Service after publication of these amended final results of 
reviews.
    We are issuing and publishing this determination in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 2, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-28758 Filed 11-15-01; 8:45 am]
BILLING CODE 3510-DS-P