[Federal Register Volume 70, Number 113 (Tuesday, June 14, 2005)]
[Notices]
[Pages 34447-34448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3066]



[[Page 34447]]

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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 Review Pursuant to Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 15, 2001, in response to its action in NSK Ltd. 
and NSK Corporation, Koyo Seiko Co., Ltd. and Koyo Corporation of 
U.S.A, NTN Bearing Corporation of America, NTN Corporation, American 
NTN Bearing Manufacturing Corporation, NTN Driveshaft, Inc. and NTN-
Bower Corporation, and Nippon Pillow Block Sales Co., Ltd. and FYH 
Bearing Units USA Inc. v. United States and The Torrington Company (NSK 
Ltd. v. United States), Consol. Court No. 97-02-00216, Slip. Op. 01-69 
(CIT June 6, 2001), 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 orders on antifriction bearings (other than tapered 
roller bearings) and parts thereof from Japan for the period of review 
May 1, 1994, through April 30, 1995. The merchandise covered by these 
reviews is ball bearings and parts thereof (BBs), cylindrical roller 
bearings and parts thereof (CRBs), and spherical plain bearings and 
parts thereof (SPBs). 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 review and we will instruct U.S. Customs 
and Border Protection to liquidate entries subject to these reviews.

EFFECTIVE DATE: June 14, 2005.

FOR FURTHER INFORMATION CONTACT: John Holman 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) 482-3683 or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 15, 1997, the Department published Antifriction Bearings 
(Other Than Tapered Roller Bearings) and Parts Thereof from France, 
Germany, Italy, Japan, Singapore, Sweden, and the United Kingdom: Final 
Results of Antidumping Duty Administrative Reviews, 62 FR 2081 (January 
15, 1997), as amended by Antifriction Bearings (Other Than Tapered 
Roller Bearings) and Parts Thereof from Japan and the United Kingdom: 
Amended Final Results of Antidumping Duty Administrative Reviews, 62 FR 
45795 (August 29, 1997) (collectively AFBs 6), which covered the period 
of review (POR) May 1, 1994, through April 30, 1995. The classes or 
kinds of merchandise covered by these reviews are BBs, CRBs, and SPBs.
    NSK Ltd. and NSK Corporation (collectively NSK), Koyo Seiko Co., 
Ltd., and Koyo Corporation of U.S.A (collectively Koyo), NTN Bearing 
Corporation of America, NTN Corporation, American NTN Bearing 
Manufacturing Corporation, NTN Driveshaft, Inc., and NTN-Bower 
Corporation (collectively NTN), Nippon Pillow Block Sales Co., Ltd., 
FYH Bearing Units USA Inc. (collectively NPB), and The Torrington 
Company (collectively Torrington) appealed the Department's decisions 
in AFBs 6. On June 6, 2001, the CIT issued its ruling in NSK Ltd. v. 
United States, Consol. Court No. 97-02-00216, Slip Op. 01-69 (CIT June 
6, 2001), remanding to the Department the final results in AFBs 6 as 
follows: (1) To exclude any transactions that were not supported by 
consideration from NSK's U.S. sales database; (2) to include the 
imputed inventory carrying costs in the calculation of the constructed 
export-price offset for NSK when matching constructed export-price 
sales to constructed value; (3) to reconsider NSK's supplier 
relationship; (4) to reconsider the Department's determination that a 
certain model of Koyo's was outside the ordinary course of trade; (5) 
to reconsider its determination that a certain home-market ball bearing 
of Koyo's could be compared to U.S. sales because it is a foreign like 
product; (6) to recalculate the dumping margins accordingly. This 
remand affected NSK and Koyo directly with respect to the antidumping 
duty orders on BBs and CRBs from Japan.
    On September 4, 2001, the Department filed its final results of 
redetermination with the CIT. See Final Results of Redetermination 
Pursuant to Court Remand in Administrative Review of the Antidumping 
Orders on Antifriction Bearings (other than Tapered Roller Bearings) 
and Parts Thereof from Japan (September 4, 2001) (Remand Results). In 
its redetermination, the Department excluded any transactions that were 
not supported by consideration from NSK's U.S. sales databases and 
adjusted the dumping margins accordingly. The Department also 
calculated the inventory carrying costs for constructed value in the 
same manner as indirect selling expenses for constructed value, and it 
included the inventory carrying costs in the calculation of the 
constructed export-price offset. As a result of the Department's 
redetermination, NSK's weighted-average margins for the POR changed 
from 12.61 percent to 12.57 percent with respect to BBs and changed 
from 21.61 percent to 21.51 percent with respect to CRBs. The 
Department's redetermination did not result in any changes for Koyo's 
weighted-average margins or duty-assessment rates. On November 15, 
2001, the CIT affirmed the Department's Remand Results in their 
entirety. See NSK Ltd. v. United States, Consol. Court No. 97-02-00216, 
Slip. Op. 01-133 (CIT November 15, 2001).
    NSK, NTN, and Torrington appealed the CIT's remand affirmation but 
later filed motions with the United States Court of Appeals for the 
Federal Circuit (CAFC) to sever and dismiss their appeals voluntarily. 
On February 23, 2004, in response to motions of voluntary dismissal by 
NSK and Torrington in NSK Ltd. v. United States, appeal numbers 02-1172 
and 02-1173, the CAFC granted the unopposed motions and dismissed the 
appeals. On July 19, 2004, in response to a motion of voluntary 
dismissal by NTN in NSK Ltd. v. United States, appeal number 02-1171, 
the CAFC granted the unopposed motion and dismissed the appeal.
    Because all appeals have been dismissed, there is now a final and 
conclusive court decision with respect to the companies affected by 
this litigation (Koyo, NSK, NTN, and NPB), pursuant to section 516A(e) 
of the Tariff Act of 1930, as amended. We are amending our final 
results of review for these companies and we will instruct U.S. Customs 
and Border Protection (CBP) to liquidate the relevant entries subject 
to these reviews in accordance with our remand results.

Assessment of Duties

    We are now amending the final results of the 1994-1995 
administrative reviews of the antidumping duty orders on BBs and CRBs 
from Japan to reflect revised weighted-average margins for NSK. We 
determine that revised weighted-average margins of 12.57 percent exist 
for NSK on BBs and 21.51 percent for NSK on CRBs from Japan for the 
period May 1, 1994, through April

[[Page 34448]]

30, 1995. There were no other changes to the final margins we 
calculated for other companies as a result of litigation.
    Accordingly, the Department will determine and CBP will assess 
appropriate antidumping duties on entries of the subject merchandise 
produced or exported by the reviewed companies. Individual differences 
between U.S. price and normal value may vary from the above 
percentages. 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: June 8, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-3066 Filed 6-13-E5; 8:45 am]
BILLING CODE 3510-DS-S