[Federal Register Volume 67, Number 63 (Tuesday, April 2, 2002)]
[Notices]
[Page 15545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7951]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-601]


Notice of Court Decision: Tapered Roller Bearings and Parts 
Thereof from the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 20, 2002, the United States Court of International 
Trade issued a final judgment with respect to the litigation in The 
Timken Company v. United States, Ct. No. 97-12-02156, Slip Op. 02-30. 
This case arises from the Department of Commerce's Final Results of 
Antidumping Administrative Review of Tapered Roller Bearings and Parts 
Thereof, from the People's Republic of China, 62 FR 61276 (November 17, 
1997). The administrative review period was June 1, 1995, through May 
31, 1996. The final judgment by the court in this case was not in 
harmony with the Department of Commerce's November, 1997 final results 
of review.

EFFECTIVE DATE: The effective date of this notice is April 1, 2002, 
which is 10 days from the date on which the court issued its judgment.

FOR FURTHER INFORMATION CONTACT: George Callen at (202) 482-0180 or 
Richard Rimlinger at (202) 482-4477, Import Administration, 
International Trade Administration, U.S. Department. of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230.

SUPPLEMENTARY INFORMATION: The decision of the Court of International 
Trade (``CIT'') in Slip Op. 02-30 is that Court's final decision 
concerning the calculation of various elements of constructed value. 
More specifically, the CIT ordered the Department of Commerce to make 
the following changes to its original calculations: 1) determine direct 
labor costs without relying on labor hours; 2) exclude the ``purchases 
of traded goods'' from its calculation of the cost of manufacturing; 
and 3) adjust United States price by recalculating marine insurance 
pursuant to a value-based methodology.
    In its decision in Timken Co. v. United States, 893 F.2d 337, 341 
(Fed.Cir.1990) (``Timken''), the United States Court of Appeals for the 
Federal Circuit held that, pursuant to 19 USC 1516a(e), the Department 
must publish a notice of a court decision which is not ``in harmony'' 
with a Department determination and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The CIT's decision in Slip 
Op.02-30 on March 20, 2002, constitutes a final decision of that court 
which is ``not in harmony'' with the Department's final results of 
administrative review. We are publishing this notice in fulfillment of 
the publication requirements of Timken.
    Accordingly, the Department will continue the suspension of 
liquidation of the subject merchandise pending the expiration of the 
period of appeal or, if appealed, upon a ``conclusive'' court decision.

    Dated: March 26, 2002
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-7951 Filed 4-1-02; 8:45 am]
BILLING CODE 3510-DS-S