[Federal Register Volume 68, Number 124 (Friday, June 27, 2003)]
[Notices]
[Pages 38303-38305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16340]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-054] [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 April 27, 1998, the Department of Commerce (the Department) 
published the final results of its administrative reviews of the 
antidumping finding on TRBs, four inches or less in outside diameter, 
and components thereof, from Japan (A-588-054) and the antidumping duty 
order on tapered roller bearings (TRBs) and parts thereof, finished and 
unfinished, from Japan (A-588-604) for the period October 1, 1993 
through September 30, 1994.\1\ 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 Termination in Part, 63 FR 20585 (April 27, 1998) (1993-94 
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).
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    \1\ These final results also covered the period October 1, 1992 
through September 30, 1993 (1992-93 period of review) for one 
respondent, Koyo Seiko Co. Ltd.
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    The CIT recently affirmed our final remand results with respect to 
1993-94 TRBs from Japan, and the time for appeal has lapsed. See Koyo 
Seiko Co., Ltd. and Koyo Corporation of USA; NSK Ltd. and NSK 
Corporation; NTN Bearing Corporation of America, American NTN Bearing 
Manufacturing Corporation and NTN Corporation; The Timken Company v. 
United States, Consol. Court No. 98-06-02274, Slip Op. 02-96 (CIT 
August 22, 2002) (Koyo II).

[[Page 38304]]

 Although one party, NTN Bearing Corporation of America, American NTN 
Bearing Manufacturing Corporation and NTN Corporation (collectively 
NTN), appealed certain aspects of 1993-94 TRBs from Japan before the 
Federal Circuit, the Federal Circuit dismissed this appeal on April 4, 
2003 pursuant to the parties' agreement. 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 have 
instructed the U. S. Bureau of Customs and Border Protection (BCBP) to 
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liquidate entries subject to these reviews.

EFFECTIVE DATE: June 27, 2003.

FOR FURTHER INFORMATION CONTACT: Deborah Scott at (202) 482-2657 or 
Robert James at (202) 482-0649, Antidumping and Countervailing Duty 
Enforcement Group III, Office Eight, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    Below is a summary of the litigation for the 1993-1994 final 
results\2\ for which the CIT and Federal Circuit have issued final and 
conclusive decisions.
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    \2\ These final results also covered the period October 1, 1992 
through September 30, 1993 for one respondent, Koyo Seiko Co. Ltd.
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    On April 27, 1998, we published in the Federal Register our notice 
of the final results of administrative reviews for the 1993-94 period 
of review (POR) for four manufacturers/exporters and ten resellers/
exporters subject to the A-588-054 finding, and five manufacturers/
exporters and ten resellers/exporters subject to the A-588-604 order 
(see 1993-94 TRBs from Japan). These final results also covered the 
1992-93 POR for one manufacturer/exporter subject to both the A-588-054 
finding and A-588-604 order. Subsequent to the publication of these 
final results, the petitioner (The Timken Co. (Timken)) and three 
respondents, Koyo Seiko Co., Ltd. and Koyo Corporation of USA 
(collectively Koyo), NSK Ltd. and NSK Corporation (collectively NSK), 
and NTN, challenged various aspects of our final results before the 
CIT. See Koyo Seiko Co., Ltd. and Koyo Corporation of USA; NSK Ltd. and 
NSK Corporation; NTN Bearing Corporation of America, American NTN 
Bearing Manufacturing Corporation and NTN Corporation; and The Timken 
Company v. United States, Consol. Court No. 98-06-02274, Slip Op. 02-11 
(CIT February 1, 2002) (Koyo I). In accordance with the CIT's order in 
Koyo I, we recalculated the antidumping margins for Koyo, NSK, and NTN 
for subject merchandise entered between October 1, 1993 through 
September 30, 1994, and the antidumping margins for Koyo for subject 
merchandise entered between October 1, 1992 and September 30, 1993. The 
CIT then affirmed the Department's remand results in Koyo II. 
Subsequent to Koyo II, NTN challenged one aspect of the CIT's decision 
before the Federal Circuit. See Koyo Seiko Co., Ltd. and Koyo 
Corporation of USA; NSK Ltd. and NSK Corporation; NTN Bearing 
Corporation of America, NTN Corporation, and American NTN Bearing 
Manufacturing Corporation v. United States and The Timken Company, 
Federal Circuit Court No. 03-1060 (Koyo CAFC). The CIT and Federal 
Circuit have 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:
[sbull] Koyo I, Consol. Ct. No. 98-06-02274, Slip Op. 02-11 (CIT 2002). 
The CIT remanded the case to the Department to: (1) deduct Koyo's home 
market movement expenses from home market gross unit price for the 
purpose of calculating CV profit; (2) recalculate Koyo's marine 
insurance expenses for sales of further-processed merchandise using the 
correct factor reported by Koyo; (3) recalculate Koyo's CV using the 
commission factor provided by Koyo; (4) recalculate Koyo's CV direct 
selling expenses using the factor reported in Koyo's questionnaire 
response; (5) make corrections to programming language related to 
Koyo's product nomenclature; (6) recalculate Koyo's U.S. inventory 
carrying costs (ICCs) for sales of further-processed merchandise by 
applying the appropriate ICC factors to the landed cost for the 1992-93 
POR and the appropriate ICC factors to the cost of manufacture (COM) 
for the 1993-94 POR; (7) apply the correct general and administrative 
(G&A) expense factor in the calculation of NSK's cost of production 
(COP); and (8) correct a programming error with respect to NTN's sales 
by applying the revised indirect selling expense ratio only to NTN's 
purchase price sales.
[sbull] Koyo II, Consol. Ct. No. 98-06-02274, Slip Op. 02-96 (CIT 
August 22, 2002). The CIT affirmed the Department's remand results and 
dismissed the litigation for Consol. Court No. 98-06-02274.
[sbull] Koyo CAFC, No. 03-1060 (Fed. Cir. April 4, 2003). Pursuant to 
the parties' agreement, the Federal Circuit dismissed NTN's appeal of 
the CIT's decision in the 98-06-02274 litigation.
    As there are now final and conclusive court decisions with respect 
to the 98-06-02274 litigation, we are amending our final results of 
review for Koyo, NSK and NTN based on our recalculation of each 
respondent's rates pursuant to the remand. The amended final results 
margins for Koyo are 37.80 percent and 29.94 percent for 1992-93 and 
1993-94, respectively, in the A-588-054 review and 38.76 percent and 
40.49 percent for 1992-93 and 1993-94, respectively, in the A-588-604 
review. The amended final results margins for NSK are 11.24 percent in 
the A-588-054 review and 12.78 percent in the A-588-604 review. The 
amended final results margin for NTN in the A-588-604 review is 21.97 
percent.\3\ We have issued instructions to BCBP to liquidate entries of 
subject merchandise made by Koyo, NSK and NTN during the relevant 
periods pursuant to these amended final results.
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    \3\ The A-588-054 antidumping finding does not cover TRBs 
manufactured by NTN.
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    In addition, as we have not amended the margins of any of the 
remaining manufacturers/resellers/exporters subject to the 1993-94 
administrative reviews of TRBs from Japan, we have issued instructions 
to BCBP to liquidate entries of subject merchandise based on the rates 
published in 1993-94 TRBs from Japan.

AMENDMENT TO FINAL DETERMINATIONS

    Pursuant to 19 U.S.C. 1516(f), we are now amending the final 
results of the 1993-94 administrative reviews of the antidumping 
finding and duty order on TRBs from Japan. The amended weighted-average 
margins are:

[[Page 38305]]



                                            For the A-588-054 Review:
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                                                                           Weighted-Average Margin (%)
        Manufacturer/Exporter              Period of Review    -------------------------------------------------
                                                                       Original:                 Revised:
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Koyo Seiko...........................    10/1/1992 - 9/30/1993                    38.07                    37.80
Koyo Seiko...........................    10/1/1993 - 9/30/1994                    35.27                    29.94
NSK..................................    10/1/1993 - 9/30/1994                    11.25                    11.24
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                                            For the A-588-604 Review:
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                                                                           Weighted-Average Margin (%)
        Manufacturer/Exporter              Period of Review    -------------------------------------------------
                                                                       Original:                 Revised:
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Koyo Seiko...........................    10/1/1992 - 9/30/1993                    40.12                    38.76
Koyo Seiko...........................    10/1/1993 - 9/30/1994                    41.04                    40.49
NSK..................................    10/1/1993 - 9/30/1994                    12.78                    12.78
NTN..................................    10/1/1993 - 9/30/1994                    20.80                    21.97
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    Accordingly, the Department has determined and BCBP has assessed 
appropriate antidumping duties on entries of the subject merchandise 
made by firms covered by the review of the periods listed above. The 
Department has issued assessment instructions directly to BCBP.

    Dated: June 4, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-16340 Filed 6-26-03; 8:45 am]
BILLING CODE 3510-DS-S