[Federal Register Volume 69, Number 31 (Tuesday, February 17, 2004)]
[Notices]
[Pages 7418-7419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3388]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-604]


Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From Japan: Amended Final Results of Antidumping Duty 
Administrative Review Pursuant to Final Court Decision

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

ACTION: Notice of Final Court Decision and Amended Final Results of 
Antidumping Duty Administrative Review.

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SUMMARY: On June 13, 2003, the United States Court of International 
Trade (CIT) affirmed the Department of Commerce's (the Department's) 
redetermination on remand of the final results of the October 1, 1996 
through September 30, 1997 administrative review of the antidumping 
duty order on tapered roller bearings (TRBs) and parts thereof, 
finished and unfinished, from Japan. See NTN Bearing Corporation of 
America, American NTN Bearing Corporation, NTN Bower, Inc. and NTN 
Corporation v. United States and The

[[Page 7419]]

Timken Company, Court No. 98-12-03232, Slip Op. 03-65 (CIT June 13, 
2003) (NTN II). On August 13, 2003, the respondent, NTN Corporation 
(NTN), appealed the CIT's decision to the Court of Appeals for the 
Federal Circuit (Federal Circuit). On October 27, 2003, the Federal 
Circuit dismissed NTN's appeal. See NTN Bearing Corporation of America, 
American NTN Bearing Corporation, NTN Bower, Inc. and NTN Corporation 
v. United States and The Timken Company, 03-1592 (Fed. Cir. October 27, 
2003) (NTN CAFC). Because all litigation has concluded, the Department 
is now issuing these amended final results reflecting the CIT's 
decision.

EFFECTIVE DATE: February 17, 2004.

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

    On November 17, 1998, the Department of Commerce (the Department) 
published the final results of its administrative reviews of the 
antidumping duty order on tapered roller bearings (TRBs) and parts 
thereof, finished and unfinished, from Japan (A-588-604) and the 
antidumping finding on TRBs, four inches or less in outside diameter, 
and components thereof, from Japan (A-588-054) for the period October 
1, 1996 through September 30, 1997. 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, 63 FR 63860 (November 17, 1998) (1996-97 TRBs from Japan). NTN 
filed a lawsuit challenging these results\1\ and the CIT issued an 
Order and Opinion dated January 24, 2003, remanding one issue to the 
Department. See NTN Bearing Corporation of America, American NTN 
Bearing Manufacturing Corporation, NTN Bower, Inc. and NTN Corporation 
v. United States and The Timken Company, 248 F. Supp. 2d 1256 (CIT 
January 24, 2003) (NTN I). Specifically, the CIT remanded the case to 
the Department to correct a clerical error resulting for the use of the 
incorrect level of trade adjustment factors for NTN's export price (EP) 
sales and to adjust the dumping margin accordingly. In accordance with 
the CIT's order in NTN I, the Department filed its remand results on 
April 14, 2003. On June 13, 2003, the CIT affirmed the Department's 
final results of remand redetermination and dismissed the litigation 
for Court No. 98-12-03232. See NTN II. On August 13, 2003, NTN appealed 
the CIT's decision to the Federal Circuit. On October 27, 2003, the 
Federal Circuit dismissed NTN's appeal. See NTN CAFC. Because all 
litigation has concluded, in accordance with NTN II, we are amending 
our final results of review in this matter and we will instruct U.S. 
Customs and Border Protection (CBP) to liquidate entries, as 
appropriate, in accordance with our remand results.
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    \1\ NTN was not subject to the antidumping finding on TRBs, four 
inches or less in outside diameter, and components thereof, from 
Japan.
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Amendment to Final Results

    Pursuant to section 516A(e) of the Tariff Act of 1930, as amended, 
as there is now a final and conclusive court decision, we are now 
amending the final results of the 1996-97 administrative review of the 
antidumping duty order on TRBs and parts thereof, finished and 
unfinished, from Japan to reflect a revised weighted-average margin for 
NTN. We determine that the following revised weighted-average margin 
exists for NTN for the period October 1, 1996 through September 30, 
1997:

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                                                                       Weighted-Average
             Producer/Exporter                   Period of Review         Original:        Margin (%) Revised:
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NTN........................................    10/1/1996 - 9/30/1997              19.78                    15.64
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    Accordingly, the Department has determined and CBP will assess 
appropriate antidumping duties on the relevant entries of the subject 
merchandise from NTN covered by the review of the period listed above. 
The Department will issue assessment instructions directly to CBP 
within 15 days of publication of this notice.

    Dated: February 6, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-3388 Filed 2-13-04; 8:45 am]
BILLING CODE 3510-DS-S