[Federal Register: May 1, 2003 (Volume 68, Number 84)]
[Notices]               
[Page 23282-23283]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01my03-39]                         

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DEPARTMENT OF COMMERCE

International Trade Administration

 
Antifriction Bearings (Other Than Tapered Roller Bearings) and 
Parts Thereof From Japan; Amended Final Results of Antidumping Duty 
Administrative Reviews

[A-588-804]

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

ACTION: Notice of final court decision and amended final results of 
administrative reviews.

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SUMMARY: On June 28, 2002, the United States Court of Appeals for the 
Federal Circuit affirmed the United States Court of International 
Trade's affirmation of the Department of Commerce's final remand 
results 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 with respect to 
NSK Ltd., NTN Corporation, and Koyo Seiko Co. Ltd,. and the period May 
1, 1995, through April 30, 1996. The classes or kinds of merchandise 
covered by these reviews are ball bearings and parts thereof, 
cylindrical roller bearings and parts thereof, and spherical plain 
bearings and parts thereof. As there is now a final and conclusive 
court decision in these actions, we are amending our final results of 
reviews and we will instruct the U.S. Customs Service to liquidate 
entries subject to these reviews.

[[Page 23283]]


EFFECTIVE DATE: May 1, 2003.

FOR FURTHER INFORMATION CONTACT: Susan Lehman or Richard Rimlinger, AD/
CVD Enforcement Group I, Office 3, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: 202-482-
0180 or 202-482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 17, 1997, the Department of Commerce (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, 62 FR 66472, and on November 20, 1997, it 
published 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, 62 FR 61963 (collectively, 
AFBs 7), which covered the period May 1, 1995, through April 30, 1996. 
The Japanese companies covered by the reviews are NTN Corporation 
(NTN), NSK Ltd. (NSK), Koyo Seiko Co., Ltd. (Koyo), Nippon Pillow Block 
Manufacturing Company (NPBS), and Nachi Fujikoshi (Nachi). The classes 
or kinds of merchandise covered by these reviews are ball bearings and 
parts thereof (BBs), cylindrical roller bearings and parts thereof 
(CRBs), and spherical plain bearings and parts thereof (SPBs). Various 
parties appealed AFBs 7.
    On June 5, 2000, the Court issued an order in NTN Bearing 
Corporation of America, NTN Corporation, American NTN Bearings 
Manufacturing Corporation, NTN Driveshaft, Inc. and NTN-Bower 
Corporation; NSK Ltd. and NTN Corporation; Koyo Seiko Co., Ltd. and 
Koyo Corporation of U.S.A. v. United States, Consol. Court No. 97-10-
01801, Slip Op. 00-64 (June 5, 2000) (NTN), remanding AFBs 7 to the 
Department. In NTN, the Court remanded AFBs 7 to the Department to make 
the following changes: 1) annul all findings and conclusions made 
pursuant to the duty-absorption inquiry conducted for the reviews; 2) 
make adjustments pursuant to section 772(c) of the Tariff Act of 1930 
as amended (the Act), to section 772(a)'s starting price for 
determining export price; 3) make adjustments pursuant to sections 
772(c) and (d) of the Act to section 772(b)'s starting price for 
determining constructed export price (CEP); 4) articulate how the 
record supports the Department's decision to recalculate NTN's home-
market indirect selling expenses without regard to level of trade; 5) 
clarify how the Department complied with sections 776 and 782 of the 
Act by using facts available and applying an adverse inference with 
respect to NTN's alleged zero-price sample sales and, if the Department 
determined that it conformed with the statutory framework, to include 
NTN's sample sales in its U.S. sales database or, if the Department 
determined that it did not adhere to all of the statutory prerequisite 
conditions, to give NTN the opportunity to remedy or explain any 
deficiency regarding its sample sales; and 6) clarify whether NTN was 
provided with notice and opportunity to respond pursuant to sections 
776 and 782 of the Act with regard to its cost-of-production (COP) and 
constructed-value (CV) data. The remand affected the Department's 
calculations for NTN, Koyo, and NSK with respect to the antidumping 
duty orders on BBs, CRBs, and SPBs from Japan for the period May 1, 
1995, through April 30, 1996.
    The Department submitted its Remand Results to the Court on 
September 5, 2000. On February 23, 2001, the Court affirmed the 
Department's Remand Results in their entirety. NTN, NSK, and Koyo 
appealed the ruling of the Court and the lawsuit was litigated at the 
United States Court of Appeals for the Federal Circuit (CAFC). On June 
28, 2002, the CAFC affirmed the judgment of the Court.
    As there is now a final and conclusive court decision with respect 
to NTN, NSK, and Koyo, we are amending our final results of review for 
these companies and we will subsequently instruct the U.S. Customs 
Service to liquidate the relevant entries subject to these reviews.

Amendment to Final Results

    Pursuant to section 516A(e) of the Act, we are now amending 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 of May 1, 1995, through April 30, 
1996, with respect to NTN. The current rates for NTN are as follows: 
6.94 for BBs, 4.33 for CRBs, and 7.19 for SPBs. There are no rate 
changes for Koyo, Nachi, NPBS, or NSK. Accordingly, the Department will 
determine and the U.S. Customs Service will assess appropriate 
antidumping duties on entries of the subject merchandise produced by 
NTN, NSK, and Koyo. Individual differences between United States price 
and foreign market value may vary from the percentages listed above. 
The Department will issue appraisement instructions to the U.S. Customs 
Service within 15 days of publication of these amended final results of 
reviews.
    The Court remanded AFBs 7 to the Department to annul all findings 
and conclusions made pursuant to the duty-absorption inquiry it 
conducted in AFBs 7. The Department complied with the remand as 
directed by the Court with respect to Koyo, NSK, and NTN and annulled 
all findings and conclusions made pursuant to its duty-absorption 
inquiry conducted for the subject reviews with respect to Koyo, NSK, 
and NTN. The Court affirmed the Department's remand in its entirety.
    This notice is published pursuant to section 751(a) of the Act.

    Dated: April 24, 2003.
Joseph A. Spetrini,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. 03-10792 Filed 4-30-03; 8:45 am]