[Federal Register Volume 70, Number 84 (Tuesday, May 3, 2005)]
[Notices]
[Page 22844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2144]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-412-801


Antifriction Bearings (Other Than Tapered Roller Bearings) and 
Parts Thereof from the United Kingdom; Amended Final Results of 
Antidumping Duty Administrative Review Pursuant to Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 9, 2001, in response to its action in FAG Italia 
S.p.A, Barden Corporation (U.K.) Limited, The Barden Corporation and 
FAG Bearing Corporation v. the United States, Court No. 98-07-02528, 
Slip. Op. 00-95 (CIT August 4, 2000), the Court of International Trade 
(CIT) affirmed the Department of Commerce's (the Department's) remand 
determination affecting final assessment rates for the administrative 
review of the antidumping duty order on antifriction bearings (other 
than tapered roller bearings) and parts thereof from the United Kingdom 
for the period of review May 1, 1996, through April 30, 1997. The 
merchandise covered by this review is ball bearings and parts thereof 
and cylindrical roller bearings and parts thereof. Because the appeals 
have been dismissed and there is now a final and conclusive court 
decision in this action, we are amending our final results of the 
review and we will instruct U.S. Customs and Border Protection to 
liquidate entries subject to this review.

EFFECTIVE DATE: May 3, 2005.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov 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) 482-0665 or (202) 482-4477, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 18, 1998, 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, 63 
FR 33320 (June 18, 1998), 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 Reviews, 63 FR 
40878 (July 31, 1998) (collectively AFBs 8), which covered the period 
of review (POR) May 1, 1996, through April 30, 1997. The classes or 
kinds of merchandise covered by these reviews are ball bearings and 
parts thereof (BBs), cylindrical roller bearings and parts thereof, and 
spherical plain bearings and parts thereof.
    FAG Italia S.p.A., The Barden Corporation (U.K.) Ltd., The Barden 
Corporation and FAG Bearings Corporation appealed the Department's 
decisions in AFBs 8. In FAG Italia S.p.A., The Barden Corporation 
(U.K.) Ltd., The Barden Corporation and FAG Bearings Corporation v. 
United States, 110 F. Supp. 2d 1055 (CIT August 4, 2000) (FAG-Barden), 
the CIT ordered a remand concerning the margin the Department 
determined for BBs from the United Kingdom covered by AFBs 8.
    In FAG-Barden, the CIT remanded AFBs 8 to the Department to 
disregard The Torrington Company's below-cost sales allegation and to 
recalculate the dumping margin without regard to the results of the 
below-cost sales test. This remand affected Barden Corporation (U.K.) 
Limited, The Barden Corporation, and FAG Bearings Corporation 
(collectively, Barden) directly with respect to the antidumping duty 
order on BBs from the United Kingdom for the POR.
    On November 2, 2000, the Department filed its final results of 
redetermination with the CIT. See Final Results of Redetermination 
Pursuant to Court Remand in FAG-Barden (November 2, 2000) (Remand 
Results). In its redetermination, the Department disregarded The 
Torrington Company's below-cost allegation and recalculated the dumping 
margin with respect to Barden and, as a result, Barden's weighted-
average margin for the POR changed from 6.63 percent to 5.06 percent 
with respect to BBs. On January 9, 2001, the CIT affirmed the 
Department's Remand Results in their entirety. See FAG Italia S.p.A, 
Barden Corporation (U.K.) Limited, The Barden Corporation and FAG 
Bearing Corporation v. the United States, Court No. 98-07-02528, Slip. 
Op. 01-1 (CIT January 9, 2001).
    FAG Italia S.p.A, Barden Corporation (U.K.) Limited, The Barden 
Corporation, and FAG Bearing Corporation (the plaintiffs) and The 
Torrington Corporation (defendant-intervenor) appealed the CIT's remand 
affirmation but later filed with the United States Court of Appeals for 
the Federal Circuit (CAFC) motions to sever and dismiss their appeals 
voluntarily.
    On February 12, 2004, the CAFC granted the plaintiffs' and the 
defendant-intervenor's motions to dismiss their appeals.
    As there is now a final and conclusive court decision with respect 
to the company affected by this remand order directly, we are amending 
our final results of review for this company and we will instruct U.S. 
Customs and Border Protection (CBP) to liquidate the relevant entries 
subject to this review in accordance with our remand results.

Assessment of Duties

    We are now amending the final results of the 1996-1997 
administrative review of the antidumping duty order on BBs from the 
United Kingdom to reflect a revised weighted-average margin for Barden. 
We determine that a revised weighted-average margin of 5.06 percent 
exists for Barden on BBs from the United Kingdom for the period May 1, 
1996, through April 30, 1997.
    Accordingly, the Department will determine and CBP will assess 
appropriate antidumping duties on entries of the subject merchandise 
produced by the affected company. Individual differences between U.S. 
price and foreign market value may vary from the above percentage. The 
Department will issue assessment instructions to CBP within 15 days of 
publication of this notice.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: April 26, 2005.
Barbara E. Tillman
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2144 Filed 5-2-05; 8:45 am]
BILLING CODE 3510-DS-S