[Federal Register Volume 68, Number 142 (Thursday, July 24, 2003)]
[Notices]
[Pages 43711-43712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18863]



[[Page 43711]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-804]


Antifriction Bearings (Other Than Tapered Roller Bearings) and 
Parts Thereof From Japan; Amended Final Results of Antidumping Duty 
Administrative Reviews

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

ACTION: Notice of final court decision and amended final results of 
administrative reviews.

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SUMMARY: On April 10, 2003, the United States Court of Appeals for the 
Federal Circuit affirmed the United States Court of International 
Trade's affirmation of the Department of 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 Japan with respect to 
NTN Corporation and Koyo Seiko Co. Ltd. and the period May 1, 1997, 
through April 30, 1998. 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. As there is now a final and conclusive court decision in these 
actions, we are amending our final results of reviews and we will 
instruct the Bureau of Customs and Border Protection (BCBP) to 
liquidate entries subject to these reviews.

EFFECTIVE DATE: July 24, 2003.

FOR FURTHER INFORMATION CONTACT: Jennifer Moats or Richard Rimlinger, 
AD/CVD Enforcement Group I, Office 3, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
202-482-5047 or 202-482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 1999, the Department of Commerce (the Department) 
published Antifriction Bearings (Other Than Tapered Roller Bearings) 
and Parts Thereof From France, Germany, Italy, Japan, Romania, Sweden, 
and the United Kingdom: Final Results of Antidumping Duty 
Administrative Reviews, 64 FR 35590, and on September 1, 1999, it 
published Antifriction Bearings (Other Than Tapered Roller Bearings) 
and Parts Thereof From Italy and Japan; Notice of Amended Final Results 
of Antidumping Duty Administrative Reviews, 64 FR 47764 (collectively, 
AFBs 9), which covered the period May 1, 1997, through April 30, 1998. 
The Japanese companies covered by the reviews are NTN Corporation 
(NTN), NSK Ltd. (NSK), Koyo Seiko Co., Ltd. (Koyo), Nippon Pillow Block 
Manufacturing Company (NPBS), and Nachi Fujikoshi (Nachi). 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). 
Torrington, NSK, NTN, and Koyo appealed our determination in AFBs 9.
    On May 10, 2001, the Court of International Trade (CIT) issued an 
order in The Torrington Company v.United States, Consol. Court No. 99-
08-00462, Slip Op. 01-56 (May 10, 2001) (Torrington), remanding AFBs 9 
to the Department (First Remand). In Torrington, the CIT remanded AFBs 
9 to the Department to make the following changes: (1) Annul all 
findings and conclusions made pursuant to the duty-absorption inquiry 
conducted for these reviews; (2) clarify what action it took with 
respect to inputs that NTN obtained from affiliated parties, to 
articulate the reasoning for this action, and to open the record for 
additional information, if found necessary; and (3) articulate what 
methodology it used in conducting the arm's-length test and to apply 
the test in accordance with 19 CFR 351.403(c) (1998). The First Remand 
affected the Department's calculations for NTN and Koyo with respect to 
the antidumping duty orders on BBs, CRBs, and SPBs from Japan for the 
period May 1, 1997, through April 30, 1998.
    The Department submitted its First Remand Results to the CIT on 
August 8, 2001. On November 26, 2001, the CIT remanded our results a 
second time (Second Remand). On May 20, 2002, the CIT affirmed the 
Second Remand Results in their entirety. See The Torrington Company 
v.United States, 206 F.Supp 2d 1296, Sup Op. 0246 (Torrington II). NTN 
appealed the CIT's ruling in Torrington II. On April 10, 2003, the 
United States Court of Appeals for the Federal Circuit (CAFC) affirmed 
the judgment of Torrington II. See The Torrington Company v.United 
States, Fed. Circ. 02-1520.

Amendment to Final Results

    The time period for appealing the CAFC's Final Decision has expired 
and no party has appealed this decision. Pursuant to section 516A(e) of 
the Tariff Act of 1930, as amended, as there is now a final and 
conclusive court decision with respect to litigation for NTN and Koyo, 
we are now amending the final results of administrative reviews of the 
antidumping duty orders on antifriction bearings (other than tapered 
roller bearings) and parts thereof from Japan for the period May 1, 
1997, through April 30, 1998, to reflect the findings of the Second 
Remand Results. The rates for NTN for this period are as follows: 4.18 
for BBs, 3.63 for CRBs, and 1.44 for SPBs. There are no rate changes 
for Koyo.

Assessment Rates

    The Department will determine, and the BCBP shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b)(1), we have calculated an importer/customer-specific 
assessment rate for merchandise subject to this review. Where the 
importer/customer-specific assessment rate is above de minimis, we will 
instruct the BCBP to assess antidumping duties on that importer's 
entries of subject merchandise. The Department will issue appropriate 
assessment instructions directly to the BCBP within 15 days of 
publication of these amended final results of review. We will direct 
the BCBP to assess the resulting assessment rates for the subject 
merchandise on each of the importer/customer's entries during the 
review period.

Notification

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely written notification of 
return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    This notice is published pursuant to section 751(a) of the Act.


[[Page 43712]]


    Dated: July 18, 2003.
Jeffrey May,
Acting Assistant Secretary for Grant Aldonas, Under Secretary.
[FR Doc. 03-18863 Filed 7-23-03; 8:45 am]
BILLING CODE 3510-DS-P