[Federal Register Volume 70, Number 136 (Monday, July 18, 2005)]
[Notices]
[Pages 41203-41204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3803]


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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 Reviews Pursuant to Final Court Decision

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

[[Page 41204]]

SUMMARY: On April 8, 2005, in response to appeals in NTN Corporation, 
NTN Bearing Corporation of America, American NTN Bearing Manufacturing 
Corporation, NTN Driveshaft, Inc., NTN Bower Corporation, and NTN-BCA 
Corporation v. United States and Timken U.S. Corporation (NTN v. United 
States), 125 Fed. Appx. 1011 (CAFC April 8, 2005), the United States 
Court of Appeals for the Federal Circuit (CAFC) affirmed the Court of 
International Trade's (CIT's) decision of the Department of Commerce's 
(the Department's) final remand determination, Court No. 00-09-00443, 
Slip. Op. 04-64 (CIT June 9, 2004). This remand determination affects 
final assessment rates for the administrative reviews 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, 1998, through April 30, 1999. 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 there is now a final and conclusive court 
decision, 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: July 18, 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 August 11, 2000, 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 and 
Revocation of Orders in Part, 65 FR 49219 (August 11, 2000), 
(collectively AFBs 10), which covered the period of review (POR) May 1, 
1998, through April 30, 1999. The classes or kinds of merchandise 
covered by these reviews are BBs, CRBs, and SPBs.
    NTN Bearing Corporation of America, NTN Corporation, American NTN 
Bearing Manufacturing Corporation, NTN Driveshaft, Inc., and NTN-Bower 
Corporation (collectively NTN), and Timken U.S. Corporation (Timken) 
appealed the Department's decisions in AFBs 10. On February 3, 2004, 
the CIT issued its ruling in NTN v. United States, 306 F. Supp. 2d 
1319, (CIT February 3, 2004), remanding to the Department the final 
results in AFBs 10 as follows: (1) to apply the arm's-length test to 
the sales prices of certain affiliated resellers to determine whether 
the sales prices were comparable to the price at which NTN sold the 
subject merchandise to unaffiliated parties; (2) to explain how the 
record supports the Department's decision to recalculate NTN's home-
market indirect selling expenses without regard to level of trade; (3) 
to clarify the reasoning for the Department's treatment of affiliated-
party inputs, apply the major-input rule to NTN where appropriate, and 
open the record for additional information, if necessary. The remand 
affected NTN with respect to the administrative reviews of the 
antidumping duty orders on BBs, CRBs and SPBs from Japan for the period 
May 1, 1998, through April 30, 1999.
    On April 28, 2004, the Department filed its final results of 
redetermination with the CIT. See Final Remand Determination in NTN 
Corp., et al, v. United States, (April 28, 2004) (Remand Results). In 
its redetermination, the Department conducted the arm's-length test for 
two of NTN's affiliated resellers and recalculated the antidumping duty 
margin applicable to NTN Corporation to account for the results of that 
test. As a result of the Department's redetermination and calculation 
changes, NTN's weighted-average margins for the POR changed to 4.71 
percent for BBs, 3.50 percent for CRBS, and remained 2.78 percent for 
SPBs. On June 9, 2004, the CIT affirmed the Department's Remand Results 
in their entirety. See NTN v. United States, Court No. 00-09-00443, 
Slip. Op. 04-64 (CIT June 9, 2004).
    NTN and Timken appealed the CIT's remand affirmation to the CAFC. 
On April 8, 2005, the CAFC affirmed the CIT's June 9, 2004, decision in 
NTN v. United States, 125 Fed. Appx. 1011 (CAFC April 8, 2005).
    There is now a final and conclusive court decision with respect to 
the company affected by this litigation (NTN). Pursuant to section 
516A(e) of the Tariff Act of 1930, as amended, 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 these reviews in accordance with our remand results.

Assessment of Duties

    We hereby amend the final results of the 1998-1999 administrative 
reviews of the antidumping duty orders on BBs, CRBs, and SPBs from 
Japan to reflect revised weighted-average margins for NTN. We determine 
that NTN's revised weighted-average margins are 4.71 percent for BBs, 
3.50 percent for CRBs, and 2.78 percent for SPBs from Japan for the 
period May 1, 1998, through April 30, 1999.
    Accordingly, the Department will determine and CBP will assess 
appropriate antidumping duties on entries of the subject merchandise 
produced or exported by the reviewed company. 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: July 12, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-3803 Filed 7-15-E5; 8:45 am]
(BILLING CODE: 3510-DS-S)