[Federal Register Volume 69, Number 119 (Tuesday, June 22, 2004)]
[Notices]
[Pages 34653-34654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13988]



[[Page 34653]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-604 and A-588-054]


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: 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 final court decision and amended final results of 
antidumping duty administrative reviews.

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SUMMARY: On August 12, 2002, 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, 1995 
through September 30, 1996 administrative review of the antidumping 
duty order on tapered roller bearings (TRBs) and parts thereof, 
finished and unfinished, from Japan and the antidumping finding on 
TRBs, four inches or less in outside diameter, and components thereof, 
from Japan. See NTN Bearing Corp. et al v. United States, Consol. Court 
No. 98-01-00146, Slip Op. 02-88 (CIT August 12, 2002) (NTN II). 
Subsequent to the CIT's decision in NTN II, two respondents, NTN 
Corporation (NTN) and NSK Ltd. (NSK), appealed to the Court of Appeals 
for the Federal Circuit (Federal Circuit); the petitioner, The Timken 
Company (Timken), cross-appealed to the Federal Circuit. On May 21, 
2004, the Federal Circuit affirmed the CIT's decision in NTN II. See 
NTN Bearing Corp. et al v. United States, 03-1041, -1048, -1072 (Fed. 
Cir. May 21, 2004) (NTN CAFC). Because all litigation has concluded, 
the Department is now issuing these amended final results reflecting 
the CIT's decision.

EFFECTIVE DATE: June 22, 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 January 15, 1998, the Department published the final results of 
its administrative reviews of the antidumping duty order on 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, 1995 through September 30, 1996. 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 2558 (January 15, 1998), as amended, 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; Amended Final Results of Antidumping 
Duty Administrative Reviews, 63 FR 13391 (March 19, 1998) (1995-96 TRBs 
from Japan Final Results). Respondents NTN, NSK, and Koyo Seiko Co., 
Ltd. (Koyo) and petitioner Timken filed lawsuits challenging these 
results. On January 24, 2002, the CIT issued an Order and Opinion 
remanding two issues to the Department. See NTN Bearing Corp. et al v. 
United States, 186 F. Supp. 2d 1257 (CIT January 24, 2002) (NTN I). 
Specifically, the CIT ordered the Department to (1) annul all findings 
and conclusions made pursuant to the duty-absorption inquiry conducted 
for the subject reviews; and (2) exclude any transactions that were not 
supported by consideration from NTN's United States sales database and 
to adjust the dumping margin accordingly. See NTN I, 186 F. Supp. 2d 
1257. In accordance with the CIT's order in NTN I, the Department filed 
its remand results on June 24, 2002. On August 12, 2002, the CIT 
affirmed the Department's final results of remand redetermination in 
their entirety. See NTN II. Subsequently, NTN and NSK appealed the 
CIT's decision in NTN II to the Federal Circuit, and Timken cross-
appealed the CIT's decision to the Federal Circuit. On May 21, 2004, 
the Federal Circuit concluded that the Department's final results of 
remand redetermination were supported by substantial evidence and were 
not erroneous as a matter of law, and affirmed the CIT's decision. See 
NTN CAFC. Because all litigation has concluded, 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.

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 1995-96 TRBs from Japan Final Results to reflect the 
revised weighted-average margin for NTN.\1\ We determine that the 
following weighted-average margins exist for NTN and NSK for the period 
October 1, 1995 through September 30, 1996 for the A-588-604 
antidumping duty order on TRBs from Japan and the A-588-054 antidumping 
finding on TRBs from Japan:
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    \1\ NTN was not subject to the antidumping finding (A-588-054) 
on TRBs from Japan. Therefore, the CIT's order to exclude any 
transactions that were not supported by consideration from NTN's 
United States sales database and to adjust the dumping margin 
accordingly affected only the calculation of the NTN's margin for 
the antidumping duty order (A-588-604) on TRBs from Japan.

[[Page 34654]]



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                                                                                  Weighted-average margin (%)
             Producer/exporter                       Period of review        -----------------------------------
                                                                                  Original:         Revised:
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A-588-604
    NTN....................................  10/1/1995--9/30/1996...........             21.41             21.48
    NSK....................................  10/1/1995--9/30/1996...........             10.17               n/a
A-588-054
    NSK....................................  10/1/1995--9/30/1996...........              1.64               n/a
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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 and NSK covered by the reviews of the period 
listed above. The Department will issue assessment instructions 
directly to CBP within 15 days of publication of this notice.

    Dated: June 8, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-13988 Filed 6-21-04; 8:45 am]
BILLING CODE 3510-DS-P