[Federal Register Volume 70, Number 134 (Thursday, July 14, 2005)]
[Notices]
[Pages 40688-40689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3750]


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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: Notice of Court Decision Not in Harmony

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce
SUMMARY: On June 27, 2005, 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 antidumping duty 
administrative reviews on antifriction bearings (other than tapered 
roller bearings) and parts thereof from Japan. See NSK Ltd. v. United 
States, Consol. Court No. 98-07-02527, slip op. 05-77 (CIT 2005). The 
Department is now issuing this notice of court decision not in harmony.

EFFECTIVE DATE: July 14, 2005.

FOR FURTHER INFORMATION: 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 June 18, 1998, the Department published the final results of 
administrative reviews of the antidumping duty orders on antifriction 
bearings (other than tapered roller bearings) and parts thereof from 
Japan for the period May 1, 1996, through April 30, 1997. See 
Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts 
Thereof from France, et al.; Final Results of Antidumping Duty 
Administrative Reviews, 63 FR 33320 (June 18, 1998). NSK Ltd. and NSK 
Corporation (hereafter ``NSK'') filed a lawsuit challenging the final 
results. On July 8, 2002, the CIT affirmed the Department's decision to 
classify NSK's repacking expenses as a selling expense

[[Page 40689]]

under section 772(d)(1)(B) of the Tariff Act of 1930, as amended (the 
Act). See NSK Ltd. v. United States, 217 F. Supp 2d. 1291 (CIT 2002). 
NSK appealed the CIT's judgment to the United States Court of Appeals 
for the Federal Circuit (CAFC). The CAFC vacated and remanded the 
Department's decision to classify NSK's repacking expenses as selling 
expenses and not movement expenses under section 772(d)(1)(B) of the 
Act. On February 18, 2005, pursuant to the CAFC's decision, the CIT 
remanded this case to the Department to revisit its classification of 
U.S. repacking expenses as selling expenses and provide an explanation 
for the inconsistent treatment of U.S. repacking expense, U.S. 
warehousing expense, and U.S. expense for shipping from warehouse to 
customer. See NSK Ltd. v. United States, Consol. Court No. 98-07-02527, 
slip op. 05-26 (CIT 2005). In accordance with the CIT's remand order in 
NSK Ltd., slip op. 05-26, the Department filed its remand results on 
May 18, 2005. On June 27, 2005, the CIT affirmed the Department's final 
results of remand redetermination in their entirety. See NSK Ltd., slip 
op. 05-77.
    The changes to our calculations with respect to NSK resulted in a 
change in the weighted-average margin for ball bearings (BBs) from 2.35 
percent to 2.34 percent and a change in the weighted-average margin for 
cylindrical roller bearings (CRBs) from 2.21 percent to 2.19 percent 
for the period of review. Accordingly, absent an appeal, or, if 
appealed, upon a ``conclusive'' decision by the CAFC which is 
consistent with the CIT's decision, we will amend our final results of 
these reviews to reflect the recalculation of margins for NSK.

Suspension of Liquidation

    The CAFC held that the Department must publish notice of a decision 
of the CIT or the CAFC which is not in harmony with the Department's 
determination. See The Timken Company v. United States, 893 F.2d 337, 
341 (CAFC 1990). Publication of this notice fulfills that obligation. 
The CAFC also held that, in such a case, the Department must suspend 
liquidation until there is a ``conclusive'' decision in the action. Id. 
Therefore, the Department must suspend liquidation pending the 
expiration of the period to appeal the CIT's June 27, 2005, decision 
affirming the Department's remand results or pending a final decision 
of the CAFC if that decision is appealed.
    Because entries of the BBs and CRBs from Japan produced by, 
exported to, or imported into the United States by NSK are currently 
being suspended pursuant to the court's injunction order in effect, the 
Department does not need to order U.S. Customs and Border Protection to 
suspend liquidation of affected entries. The Department will not order 
the lifting of the suspension of liquidation on entries of the BBs and 
CRBs made during the review period before a court decision in this 
lawsuit becomes final and conclusive.
    We are issuing and publishing this notice in accordance with 
section 516A(c)(1) of the Act.

    Dated: July 8, 2005.
Susan Kuhbach,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-3750 Filed 7-13-05; 8:45 am]
BILLING CODE 3510-DS-S