[Federal Register Volume 70, Number 192 (Wednesday, October 5, 2005)]
[Notices]
[Page 58185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5460]



[[Page 58185]]

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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

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 these amended final results reflecting the 
court's decision.

EFFECTIVE DATE: October 5, 2005.

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 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 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. In those remand results, the Department 
reclassified repacking expenses as movement expenses and recalculated 
NSK's margins accordingly.
    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. On July 14, 2005, the Department published Antifriction Bearings 
(Other Than Tapered Roller Bearings) and Parts Thereof from Japan: 
Notice of Court Decision Not in Harmony, 70 FR 40688 (July 14, 2005). 
There was no appeal of the CIT's decision to the CAFC within the appeal 
period. Therefore, the CIT's decision is now final and conclusive.

Amendment to Final Results

    We are now amending the final results of these reviews to reflect 
the final and conclusive decision of the court. The changes to our 
calculations with respect to NSK resulted in a change in the weighted-
average margin for ball bearings from 2.35 percent to 2.34 percent and 
a change in the weighted-average margin for cylindrical roller bearings 
from 2.21 percent to 2.19 percent for the period of review. The 
Department will instruct U.S. Customs and Border Protection to 
liquidate entries of the ball bearings and cylindrical roller bearings 
from Japan produced by, exported to, or imported into the United States 
by NSK during the review period at the assessment rates the Department 
calculated for these amended final results of reviews.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: September 29, 2005.
Barbara E. Tillman,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E5-5460 Filed 10-4-05; 8:45 am]
BILLING CODE 3510-DS-S