[Federal Register Volume 69, Number 204 (Friday, October 22, 2004)]
[Notices]
[Pages 62023-62025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23719]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-801, A-428-801, A-475-801, A-401-801, A-412-801]


Antifriction Bearings (Other Than Tapered Roller Bearings) and 
Parts Thereof From France, Germany, Italy, Sweden, and the United 
Kingdom; Amended Final Results of Antidumping Duty Administrative 
Reviews

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

ACTION: Notice of amended final results of antidumping duty 
administrative reviews.

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SUMMARY: On April 26, 2004, and May 4, 2004, the United States Court of 
Appeals for the Federal Circuit dismissed appeals and lifted the stay 
of proceedings against the United States Court of International Trade's 
affirmations 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 Italy, Sweden, and the United 
Kingdom for the period of review May 1, 1995, through April 30, 1996, 
and from France, Germany, Italy, and Sweden for the period of review 
May 1, 1997, through April 30, 1998, respectively. 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 are now final and conclusive 
court decisions in these actions, we are amending our final results of 
reviews and we will instruct U.S. Customs and Border Protection to 
liquidate entries subject to these reviews.

EFFECTIVE DATE: October 22, 2004.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Richard Rimlinger, 
AD/CVD Operations, Office 5, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202) 482-5760 or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 17, 1997, the Department of Commerce (the Department) 
published Antifriction Bearings (Other Than Tapered Roller Bearings) 
and Parts Thereof from France, Germany, Italy, Japan, Romania, 
Singapore, Sweden, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, 62 FR 54043, as amended by Antifriction 
Bearings (Other Than Tapered Roller Bearings) and Parts Thereof from 
France, Germany, Italy, Japan, Romania, Singapore, Sweden, and the 
United Kingdom: Amended Final Results of Antidumping Duty 
Administrative Review, 62 FR 61963 (November 20, 1997) (collectively 
AFBs 7), which covered the period of review (POR) May 1, 1995, through 
April 30, 1996. On July 1, 1999, 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, 
as amended by 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 
(September 1, 1999) (collectively AFBs 9), which covered the POR May 1, 
1997, through April 30, 1998. 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).
    In FAG Italia S.p.A. v. United States, 24 CIT 587 (2000) (FAG), SKF 
USA Inc. and SKF Sverige AB v. United States, 24 CIT 349 (2000) (SKF), 
RHP Bearings Ltd. v. United States, 110 F. Supp. 2d 1043 (CIT 2000) 
(RHP I), and RHP Bearings Ltd. v. United States, 132 F. Supp. 2d 1097 
(CIT 2001) (RHP II), the United States Court of International Trade 
(CIT) ordered remands for AFBs 7. In SKF USA Inc., SKF France S.A. and 
Sarma v. United States, 116 F. Supp. 2d 1257 (CIT 2000) (SKF France), 
SKF USA Inc. and SKF GmbH v. United States, 94 F. Supp. 2d 1351 (CIT 
2000) (SKF Germany), SKF USA Inc. and SKF

[[Page 62024]]

Industrie S.p.A. v. United States, 24 CIT 583 (2000) (SKF Italy), and 
SKF USA Inc. and SKF Sverige AB v. United States, 24 CIT 836 (2000) 
(SKF Sweden), the CIT ordered remands for AFBs 9.
    As there are now final and conclusive court decisions with respect 
to companies affected by these remand orders directly, we are amending 
our final results of review for these companies and we will 
subsequently instruct U.S. Customs and Border Protection (CBP) to 
liquidate the relevant entries subject to these reviews.

1. Remands for AFBs 7

a. FAG

    In FAG, the CIT remanded AFBs 7 to the Department to address the 
following instructions: (1) annul all findings and conclusions made 
pursuant to the duty-absorption inquiry conducted for the subject 
reviews and (2) attempt to match U.S. sales to non-identical but 
similar home-market sales before resorting to constructed value when 
sales of identical merchandise have been found to be outside the 
ordinary course of trade. This remand affected FAG Italia S.p.A. and 
FAG Bearings Corporation (collectively FAG Italy) and SKF Industrie, 
RIV-SKF Officina de Villar Perosa, SKF Cuscinetti Specialti, SKF 
Cuscinetti, and RFT (collectively SKF Italy) directly with respect to 
the antidumping duty order on BBs from Italy for the POR May 1, 1995, 
through April 30, 1996.
    On October 11, 2000, the Department filed its Remand Results with 
the CIT. On May 24, 2002, the U.S. Court of Appeals for the Federal 
Circuit (CAFC) remanded for further explanation the Department's use of 
different definitions of ``foreign like product'' in its normal value 
calculations; the CAFC affirmed the CIT's decision with respect to duty 
absorption. See FAG Italia S.p.A. v. United States, 291 F.3d 806 (CAFC 
2002). On November 7, 2002, the Department filed its second remand 
determination explaining the definitions of ``foreign like product'' 
used in calculating normal value. On January 30, 2003, the CIT affirmed 
the remand results in their entirety. See FAG Italia S.p.A. v. United 
States, Consol. No. 97-11-01984, slip op. 03-12 (CIT 2003). FAG Italy 
and SKF Italy appealed the CIT's remand affirmation but later filed 
with the CAFC motions to sever and dismiss their appeals voluntarily. 
On February 17, 2004, the CAFC granted FAG Italy's unopposed motion to 
dismiss. On April 26, 2004, the CAFC granted SKF Italy's unopposed 
motion to dismiss and lifted the stay of proceedings.

b. SKF

    In SKF, the CIT remanded AFBs 7 to the Department to annul all 
findings and conclusions made pursuant to the duty-absorption inquiry 
conducted for the subject review. This remand affected SKF USA Inc. and 
SKF Sverige AB (collectively SKF Sweden) directly with respect to the 
antidumping duty order on BBs from Sweden for the POR May 1, 1995, 
through April 30, 1996.
    On August 23, 2000, the Department filed its Remand Results with 
the CIT. On November 17, 2000, the CIT affirmed the Department's Remand 
Results in their entirety. See SKF USA, Inc. and SKF Sverige AB v. 
United States, 24 CIT 1310 (2000). SKF Sweden and the United States 
appealed the CIT's remand affirmation but later filed with the CAFC 
motions to sever and dismiss their appeals voluntarily. On April 26, 
2004, the CAFC granted the United States' and SKF Sweden's unopposed 
motions to dismiss and lifted the stay of proceedings.

c. RHP I and RHP II

    In RHP I, the CIT remanded AFBs 7 to the Department to address the 
following instructions: (1) annul all findings and conclusions made 
pursuant to the duty-absorption inquiry conducted for the subject 
reviews; (2) attempt to match U.S. sales to non-identical but similar 
home-market sales before resorting to constructed value when sales of 
identical merchandise have been found to be outside the ordinary course 
of trade; and (3) recalculate Barden's dumping margin without regard to 
the results of the below-cost test. This remand affected the Barden 
Corporation (U.K.) Ltd., the Barden Corporation, and FAG Bearing 
Corporation (collectively Barden) and RHP Bearings Ltd., NSK Bearings 
Europe Ltd., and NSK Corporation (collectively NSK/RHP) directly with 
respect to the antidumping duty orders on BBs and CRBs from the United 
Kingdom for the POR May 1, 1995, through April 30, 1996.
    On October 20, 2000, the Department filed its Remand Results with 
the CIT. On February 23, 2001, the CIT in RHP II affirmed the 
Department's Remand Results partially and remanded AFBs 7 to the 
Department again with a new order to clarify the reasons behind its 
decision to conduct the below-cost test and to take any further action 
that it deems appropriate. On May 18, 2001, the Department filed its 
Remand Results with the CIT pursuant to the remand order in RHP II. On 
August 20, 2001, the CIT affirmed the Department's Remand Results in 
their entirety. See RHP Bearings Ltd. v. United States, Consol. No. 97-
11-01983, slip op. 01-106 (CIT 2001). Barden, NSK/RHP, Timken US 
Corporation (Timken), and the United States appealed the CIT's remand 
affirmation but later filed with the CAFC motions to sever and dismiss 
their appeals voluntarily. On February 17, 2004, the CAFC granted 
Barden's, NSK/RHP's, and Timken's motions to dismiss. On April 26, 
2004, the CAFC granted the United States' motion to dismiss and lifted 
the stay of proceedings.

2. Remands for AFBs 9

    In SKF France, SKF Germany, SKF Italy, and SKF Sweden, the CIT 
remanded AFBs 9 to the Department to annul all findings and conclusions 
made pursuant to the duty-absorption inquiry conducted for the subject 
reviews. These four remand orders affected, in the respective order, 
SKF Compagnie d'Applications Mecaniques, S.A. (Clamart), ADR, and SARMA 
(collectively SKF France), SKF GmbH, SKF Service GmbH, and Steyr 
Walzlager (collectively SKF Germany), SKF Italy, and SKF Sweden 
directly with respect to the antidumping duty orders on antifriction 
bearings and parts thereof from France, Germany, Italy, and Sweden for 
the POR May 1, 1997, through April 30, 1998.
    The Department filed its Remand Results for SKF France and SKF 
Sweden on November 22, 2000, SKF Germany on June 20, 2000, and SKF 
Italy on October 10, 2000, with the CIT. The CIT affirmed the 
Department's Remand Results for SKF France\1\ and SKF Sweden\2\ on 
January 30, 2001, SKF Germany\3\ on August 18, 2000, and SKF Italy\4\ 
on December 15, 2000, in their entirety.
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    \1\ SKF USA Inc., SKF France S.A. and Sarma v. United States, 
No. 99-08-00475, slip op. 01-12 (CIT 2001).
    \2\ SKF USA Inc. and SKF Sverige AB v. United States, No 99-08-
00470, slip op. 01-11 (CIT 2001).
    \3\ SKF USA Inc. and SKF GmbH v. United States, 126 F. Supp. 2d. 
567 (CIT 2000).
    \4\ SKF USA Inc. and SKF Industrie S.p.A. v. United States, 24 
CIT 1393 (2000).
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    The CIT's remand affirmations in SKF France, SKF Germany, SKF 
Italy, and SKF Sweden were appealed by the plaintiffs, i.e., SKF 
France, SKF Germany, SKF Italy, and SKF Sweden, respectively. Timken 
and the United States appealed in all four cases. All parties later 
filed with the CAFC motions to sever and dismiss their appeals 
voluntarily. On February 17, 2004, the CAFC granted SKF France's, SKF 
Italy's, SKF Sweden's, and Timken's motions to dismiss appeals in SKF 
France, SKF Italy, and SKF Sweden. On February 18, 2004, the CAFC 
granted

[[Page 62025]]

SKF Germany's and Timken's motions to dismiss appeals in SKF Germany. 
On April 26, 2004, the CAFC granted the United States' motion to 
dismiss appeals in all four cases and lifted the stay of proceedings.

Assessment of Duties

    The remands for AFBs 7 had no effect on weighted-average margins or 
duty-assessment rates for FAG Italy, SKF Italy, SKF Sweden, Barden, and 
NSK/RHP. The remands for AFBs 9 had no effect on weighted-average 
margins or duty-assessment rates for SKF France, SKF Germany, SKF 
Italy, and SKF Sweden.
    Accordingly, the Department will determine and CBP will assess 
appropriate antidumping duties on entries of the subject merchandise 
produced by the affected companies. Individual differences between U.S. 
price and foreign market value may vary from the percentages published. 
The Department has disclosed or will disclose assessment instructions 
to the parties in advance. The Department will issue assessment 
instructions to CBP within 15 days of publication of these amended 
final results of reviews.
    The CIT remanded AFBs 7 and AFBs 9 to the Department to annul all 
findings and conclusions made pursuant to the duty-absorption inquiries 
it conducted in both segments of proceeding. The Department hereby 
complies with the remand as directed by the CIT and annuls all findings 
and conclusions made pursuant to its duty-absorption inquiries 
conducted for the subject reviews with respect to the following 
companies:

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                             Segments                                       Country                  Company             Class or Kind of Merchandise
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AFBs 7............................................................                    Italy                FAG Italy                                 BBs
                                                                    .......................                SKF Italy                                 BBs
                                                                                     Sweden               SKF Sweden                                 BBs
                                                                             United Kingdom                   Barden                                 BBs
                                                                    .......................                  NSK/RHP                           BBs, CRBs
AFBs 9............................................................                   France               SKF France                                 BBs
                                                                                    Germany              SKF Germany                     BBs, CRBs, SPBs
                                                                                      Italy                SKF Italy                                 BBs
                                                                                     Sweden               SKF Sweden                           BBs, CRBs
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    We are issuing and publishing these determinations in accordance 
with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as 
amended.

    Dated: October 15, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-23719 Filed 10-21-04; 8:45 am]
BILLING CODE 3510-DS-S