Appendix — Koyo Seiko Co., Ltd. v. United States

App. 1

Statutory Provisions

19 U.S.C. § 1675. Administrative review of de-

terminations

(a) Periodic review of amount of duty

(1) In general

At least once during each 12-month period be-

ginning on the anniversary of the date of publication

of a countervailing duty order under this subtitle or

under section 1303 of this title, an antidumping duty

order under this subtitle or a finding under the Anti-

dumping Act, 1921, or a notice of the suspension of

an investigation, the administering authority, if a

request for such a review has been received and after

publication of notice of such review in the Federal

Register, shall--

(A) review and determine the amount of

any net countervailable subsidy,

(B) review, and determine (in accor-

dance with paragraph (2)), the amount of any

antidumping duty, and

(C) review the current status of, and

compliance with, any agreement by reason of

which an investigation was suspended, and

review the amount of any net countervailable

subsidy or dumping margin involved in the

agreement,

App. 2

and shall publish in the Federal Register the results

of such review, together with notice of any duty to be

assessed, estimated duty to be deposited, or investi-

gation to be resumed.

(2) Determination of antidumping duties

(A) In general

For the purpose of paragraph (1)(B), the

administering authority shall determine--

(i) the normal value and export

price (or constructed export price) of

each entry of the subject merchandise,

and

(ii) the dumping margin for each

such entry.

(B) Determination of antidumping or

countervailing duties for new exporters

and producers

(i) In general

If the administering authority re-

ceives a request from an exporter or pro-

ducer of the subject merchandise estab-

lishing that--

(I) such exporter or pro-

ducer did not export the mer-

chandise that was the subject of

App. 3

an antidumping duty or counter-

vailing duty order to the United

States (or, in the case of a re-

gional industry, did not export

the subject merchandise for sale

in the region concerned) during

the period of investigation, and

(II) such exporter or pro-

ducer is not affiliated (within the

meaning of section 1677(33) of

this title) with any exporter or

producer who exported the sub-

ject merchandise to the United

States (or in the case of a regional

industry, who exported the sub-

ject merchandise for sale in the

region concerned) during that pe-

riod,

the administering authority shall con-

duct a review under this subsection to

establish an individual weighted aver-

age dumping margin or an individual

countervailing duty rate (as the case

may be) for such exporter or producer.

(i) Time for review under clause

(i)

The administering authority shall

commence a review under clause (i) in

the calendar month beginning after--

App. 4

(I) the end of the 6-month

period beginning on the date of

the countervalung tavy ur ariti-

dumping duty order under re-

view, or

(II) the end of any 6-month

period occurring thereafter,

if the request for the review is made

during that 6-month period.

(iii) Posting bond or security

The administering authority

shall, at the time a review under this

subparagraph is initiated, direct the

Customs Service to allow, at the option

of the importer, the posting, until the

completion of the review, of a bond or

security in lieu of a cash deposit for

each entry of the subject merchandise.

(iv) Time limits

The administering authority shall

make a preliminary determination in a

review conducted under this subpara-

graph within 180 days after the date on

which the review is initiated, and a final

determination within 90_days after the

date the preliminary determination is

issued, except that if the administering

authority concludes that the case is ex-

App. 5

traordinarily complicated, it may extend

the 180-day period to 300 days and may

extend the 90-day period to 150 days.

(C) Results of determinations

The determination under this para-

graph shall be the basis for the assessment of

countervailing or antidumping duties on en-

tries of merchandise covered by the determi-

nation and for deposits of estimated duties.

(3) Time limits

(A) Preliminary and fina] determina-

tions

The administering authority shall make

a preliminary determination under subpara-

graph (A), (B), or (C) of paragraph (1) within

245 days after the last day of the month in

which occurs the anniversary of the date of

publication of the order, finding, or suspension

agreement for which the review under para-

graph (1) is requested, and a final determina-

tion under paragraph (1) within 120 days after

the date on which the preliminary determina-

tion is published. If it is not practicable to

complete the review within the foregoing time,

the administering authority may extend that

245-day period to 365 days and may extend

that 120-day period to 180 days. The adminis-

tering authority may extend the time for mak-

ing a final determination without extending

App. 6

the time for making a preliminary determina-

tion, if such final determination is made not

later than 300 days after the date on which

the preliminary determination is published.

(B) Liquidation of entries

If the administering authority orders

any liquidation of entries pursuant to a review

under paragraph (1), such liquidation shall be

made promptly and, to the greatest extent

practicable, within 90 days after the instruc-

tions to Customs are issued. In any case in

which liquidation has not occurred within that

90-day period, the Secretary of the Treasury

shall, upon the request of the affected party,

provide an explanation thereof.

(C) Effect of pending review under sec-

tion 1516a

In a case in which a final determination

under paragraph (1) is under review under

section 1516a of this title and a liquidation of

entries covered by the determination is en-

joined under section 1516a(c)(2) of this title or

suspended under section 1516a(g)(5)(C) of this

title, the administering authority shall, within

10 days after the final disposition of the review

under section 1516a of this title, transmit to

the Federal Register for publication the final

disposition and issue instructions to the Cus-

toms Service with respect to the liquidation of

entries pursuant to the review. In such a case,

a OES A acess

AO Nm a CGN Ei Fi Shaws oR

App. 7

the 90-day period referred to in subparagraph

(B) shall begin on the day on which the admin-

istering authority issues such instructions.

(4) Absorption of antidumping duties

During any review under this subsection initi-

ated 2 years or 4 years after the publication of an an-

tidumping duty order under section 1673e(a) of this

title, the administering authority, if requested, shall

determine whether antidumping duties have been

absorbed by a foreign producer or exporter subject to

the order if the subject merchandise is sold in the

United States through an importer who is affiliated

with such foreign producer or exporter. The adminis-

tering authority shall notify the Commission of its

findings regarding such duty absorption for the

Commission to consider in conducting a review under

subsection (c) of this section.

***

(c) Five-year review

(1) In general

Notwithstanding subsection (b) of this section

and except in the case of a transition order defined in

paragraph (6), 5 years after the date of publication

of--

(A) a countervailing duty order (other

than a countervailing duty order to which

subparagraph (B) applies or which was issued

without an affirmative determination of injury

App. 8

by the Commission under section 1303 of this

title), an antidumping duty order, or a notice

of suspension of an investigation, described in

subsection (a)(1) of this section,

(B) a notice of injury determination un-

der section 1675b of this title with respect to a

countervailing duty order, or

(C) a determination under this section

to continue an order or suspension agreement,

the administering authority and the Commission

shall conduct a review to determine, in accordance

with section 1675a of this title, whether revocation of

the countervailing or antidumping duty order or

termination of the investigation suspended under

section 1671c or 1673c of this title would be likely to

lead to continuation or recurrence of dumping or a

countervailable subsidy (as the case may be) and of

material injury.

(2) Notice of initiation of review

Not later than 30 days before the fifth anni-

versary of the date described in paragraph (1), the

administering authority shall publish in the Federal

Register a notice of initiation of a review under this

subsection and request that interested parties sub-

mit--

(A) a statement expressing their will-

ingness to participate in the review by provid-

: |

PL CAA AY is A Got BD, BEM ED je EAE TS a Eh a an ttn AN

App. 9

ing information requested by the administer-

ing authority and the Commission,

(B) a statement regarding the likely ef-

fects of revocation of the order or termination

of the suspended investigation, and

(C) such other information or industry

data as the administering authority or the

Commission may specify.

(3) Responses to notice of initiation

(A) No response

If no interested party responds to the

notice of initiation under this subsection, the

administering authority shall issue a final de-

termination, within 90 days after the initia-

tion of a review, revoking the order or termi-

nating the suspended investigation to which

such notice relates. For purposes of this para-

graph, an interested party means a party de-

scribed in section 1677(9)(C), (D), (BE), (F), or

(G) of this title.

(B) Inadequate response

If interested parties provide inadequate

responses to a notice of initiation, the adminis-

tering authority, within 120 days after the ini-

tiation of the review, or the Commission,

within 150 days after such initiation, may is-

sue, without further investigation, a final de-

App. 10

termination based on the facts available, in

accordance with section 1677e of this title.

(4) Waiver of participation by certain in-

terested parties

(A) In general

An interested party described in section

1677(9)(A) or (B) of this title may elect not to

participate in a review conducted by the ad-

ministering authority under this subsection

and to participate only in the review conducted

by the Commission under this subsection.

(B) Effect of waiver

In a review in which an interested party

waives its participation pursuant to this para-

graph, the administering authority shall con-

clude that revocation of the order or termina-

tion of the investigation would be likely to lead

to continuation or recurrence of dumping or a

countervailable subsidy (as the case may be)

with respect to that interested party.

(5) Conduct of review

(A) Time limits for completion of review

Unless the review has been completed

pursuant to paragraph (3) or paragraph (4)

applies, the administering authority shall

make its final determination pursuant to sec-

Se

App. 11

tion 1675a(b) or (c) of this title within 240 days

after the date on which a review is initiated

under this subsection. If the administering au-

thority makes a final affirmative determina-

tion, the Commission shall make its final de-

termination pursuant to section 1675a(a) of

this title within 360 days after the date on

which a review is initiated under this subsec-

tion.

(B) Extension of time limit

The administering authority or the

Commission (as the case may be) may extend

the period of time for making their respective

determinations under this subsection by not

more than 90 days, if the administering au-

thority or the Commission (as the case may be)

determines that the review is extraordinarily

complicated. In a review in which the adminis-

tering authority extends the time for making a

final determination, but the Commission does

not extend the time for making a determina-

tion, the Commission's determination shall be

made not later than 120 days after the date on

which the final determination of the adminis-

tering authority is published.

(C) Extraordinarily complicated

For purposes of this subsection, the ad-

ministering authority or the Commission (as

the case may be) may treat a review as ex-

traordinarily complicated if--

App. 12

(i) there is a large number of is-

sues,

(ii) the issues to be considered are

complex,

(iii) there is a large number of

firms involved,

(iv) the orders or suspended in-

vestigations have been grouped as de-

scribed in subparagraph (D), or

(v) it is a review of a transition

order.

(D) Grouped reviews

The Commission, in consultation with

the administering authority, may group orders

or suspended investigations for review if it

considers that such grouping is appropriate

and will promote administrative efficiency.

Where orders or suspended investigations

have been grouped, the Commission shall, sub-

ject to subparagraph (B), make its final deter-

mination under this subsection not later than

120 days after the date that the administering

authority publishes notice of its final determi-

nation with respect to the last order or agree-

ment in the group.

App. 13

(6) Special transition rules

(A) Schedule for reviews of transition

orders

(i) Initiation

The administering authority shall

begin its review of transition orders in

the 42d calendar month after the date

such orders are issued. A review of all

transition orders shall be initiated not

later than the 5th anniversary after the

date such orders are issued.

(1) Completion

A review of a transition order

shall be completed not later than 18

months after the date such review is

initiated. Reviews of all transition or-

ders shall be completed not later than

18 months after the 5th anniversary of

the date such orders are issued.

(111) Subsequent reviews

The time limits set forth in

clauses (i) and (ii) shall be applied to all

subsequent 5-year reviews of transition

orders by substituting "date of the de-

termination to continue such orders" for

"date such orders are issued".

App. 14

(iv) Revocation and termination

No transition order may be re-

voked under this subsection before the

date that is 5 years after the date the

WTO Agreement enters into force with

respect to the United States.

(B) Sequence of transition reviews

The administering authority, in consul-

tation with the Commission, shall determine

such sequence of review of transition orders as

it deems appropriate to promote administra-

tive efficiency. To the extent practicable, older

orders shall be reviewed first.

(C) "Transition order" defined

For purposes of this section, the term

"transition order" means--

(i) a countervailing duty order

under this subtitle or under section

1303 of this title,

(ii) an antidumping duty order

under this subtitle or a finding under

the Antidumping Act, 1921, or

(ili) a suspension of an investiga-

tion under section 1671c or 1673c of this

title,

App. 15

which is in effect on the date the WTO Agree-

ment enters into force with respect to the

United States.

(D) Issue date for transition orders

For purposes of this subsection, a tran-

sition order shall be treated as issued on the

date the WTO Agreement enters into force

with respect to the United States, if such order

is based on an investigation conducted by both

the administering authority and the Commis-

sion.

(7) Exclusions from computations

(A) In general

Subject to subparagraph (B), there shall

be excluded from the computation of the 5-

year period described in paragraph (1) and the

periods described in paragraph (6) any period

during which the importation of the subject

merchandise is prohibited on account of the

imposition, under the International Emer-

gency Economic Powers Act [50 U.S.C.A. §

1701 et seq.] or other provision of law, of sanc-

tions by the United States against the country

in which the subject merchandise originates.

App. 16

(B) Application of exclusion

Subparagraph (A) shall apply only with

respect to subject merchandise which origi-

nates in a country that is not a WTO member.

*k**k*

(June 17, 1930, c. 497, Title VII, § 751, as added July

26, 1979, Pub.L. 96- 39, Title I, § 101, 93 Stat. 175,

and amended Oct. 30, 1984, Pub.L. 98-573, Title VI,

§ 611(a)(2), (3), 98 Stat. 3031; Oct. 22, 1986, Pub.L.

99-514, Title XVIII, § 1886(a)(8), 100 Stat. 2922; Aug.

23, 1988, Pub.L. 100-418, Title I, § 1333(b), 102 Stat.

1209; Dec. 8, 1994, Pub.L. 103-465, Title II, §§

220(a), 283(c), 108 Stat. 4857, 4930; Pub.L. 106-36,

Title II, § 2410, June 25, 1999, 113 Stat. 171.)

App. 17

19 U.S.C. § 3533. Dispute settlement panels and

procedures

“22

(g) Requirements for agency action

(1) Changes in agency regulations or

practice

In any case in which a dispute settlement

panel or the Appellate Body finds in its report that a

regulation or practice of a department or agency of

the United States is inconsistent with any of the

Uruguay Round Agreements, that regulation or prac-

tice may not be amended, rescinded, or otherwise

modified in the implementation of such report unless

and until—

(A) the appropriate congressional com-

mittees have been consulted under subsection

(f) of this section;

(B) the Trade Representative has

sought advice regarding the modification from

relevant private sector advisory committees

established under section 2155 of this title:

(C) the head of the relevant department

or agency has provided an opportunity for pub-

lic comment by publishing in the Federal Reg-

ister the proposed modification and the expla-

nation for the modification;

App. 18

(D) the Trade Representative has sub-

mitted to the appropriate congressional com-

mittees a report describing the proposed modi-

fication, the reasons for the modification, and

a summary of the advice obtained under sub-

paragraph (B) with respect to the modification;

(E) the Trade Representative and the

head of the relevant department or agency

have consulted with the appropriate congres-

sional committees on the proposed contents of

the final rule or other modification; and

(F) the final rule or other modification

has been published in the Federal Register.

(2) Effective date of modification

A final rule or other modification to which

paragraph (1) applies may not go into effect before

the end of the 60-day period beginning on the date on

which consultations under paragraph (1)(E) begin,

unless the President determines that an earlier effec-

tive date is in the national interest.

(3) Vote by congressional committees

During the 60-day period described in para-

graph (2), the Committee on Ways and Means of the

House of Representatives and the Committee on Fi-

nance of the Senate may vote to indicate the agree-

ment or disagreement of the committee with the pro-

posed contents of the final rule or other modification.

Any such vote shall not be binding on the depart-

App. 19

ment or agency which is implementing the rule or

other modification.

(4) Inapplicability to ITC

This subsection does not apply to any regula-

tion or practice of the International Trade Commis-

sion.

(Pub. L. 103-465, title I, Sec. 123, Dec. 8, 1994, 108

Stat. 4830.)

App. 20

19 U.S.C. § 3538. Administrative action follow-

ing WTO panel reports

***

(b) Action by administering authority

(1) Consultations with administering au-

thority and congressional committees

Promptly after a report by a dispute settle-

ment panel or the Appellate Body is issued that con-

tains findings that an action by the administering

authority in a proceeding under title VII of the Tariff

Act of 1930 [19 U.S.C. 1671 et seq.] is not in confor-

mity with the obligations of the United States under

the Antidumping Agreement or the Agreement on

Subsidies and Countervailing Measures, the Trade

Representative shall consult with the administering

authority and the congressional committees on the

matter.

(2) Determination by administering au-

thority

Notwithstanding any provision of the Tariff

Act of 1930 [19 U.S.C. 1202 et seq.], the administer-

ing authority shall, within 180 days after receipt of a

written request from the Trade Representative, issue

a determination in connection with the particular

proceeding that would render the administering au-

thority's action described in paragraph (1) not incon-

sistent with the findings of the panel or the Appel-

late Body.

App. 21

(3) Consultations before implementation

Before the administering authority imple-

ments any determination under paragraph (2), the

Trade Representative shall consult with the adminis-

tering authority and the congressional committees

with respect to such determination.

(4) Implementation of determination

The Trade Representative may, after consult-

ing with the administering authority and the con-

gressional committees under paragraph (3), direct

the administering authority to implement, in whole

or in part, the determination made under paragraph

(2).

(c) Effects of determinations; notice of imple-

mentation

(1) Effects of determinations

Determinations concerning title VII of the Tar-

iff Act of 1930 [19 U.S.C. A. § 1671 et seq.] that are

implemented under this section shall apply with re-

spect to unliquidated entries of the subject merchan-

dise (as defined in section 771 of that Act [19

U.S.C.A. § 1677]) that are entered, or withdrawn

from warehouse, for consumption on or after-

(A) in the case of a determination by the

Commission under subsection (a)(4) of this

section, the date on which the Trade Repre-

sentative directs the administering authority

App. 22

under subsection (a)(6) of this section to re-

voke an order pursuant to that determination,

and

(B) in the case of a determination by the

administering authority under subsection

(b)(2) of this section, the date on which the

Trade Representative directs the administer-

ing authority under subsection (b)(4) of this

section to implement that determination.

** *

(Pub. L. 103-465, title I, Sec. 129, Dec. 8, 1994, 108

Stat. 4836.)

App. 23

Certain Bearings from Hungary, Japan, Ro-

mania, Sweden, France, Germany, Italy,

and the United Kingdom

65 Fed. Reg. 42667 (Dep’t Commerce 2000)

(Revocation)

DEPARTMENT OF COMMERCE, International

Trade Administration [A-437-601 (TRBs/ Hun-

gary); et al.)]

Revocation of Antidumping Duty Orders on

Certain Bearings From Hungary, Japan, Ro-

mania, Sweden, France, Germany, Italy, and

the United Kingdom

AGENCY: Import Administration, International

Trade Administration, Department of Commerce.

ACTION: Notice of revocation of antidumping duty

orders on certain bearings from Hungary, Japan,

Romania, Sweden, France, Germany, Italy, and the

United Kingdom.

SUMMARY: On November 4, 1999, the Department

of Commerce (‘the Department"), pursuant to sec-

tions 751(c) and 752 of the Tariff Act of 1930, as

amended (‘‘the Act"), determined that revocation of

the following antidumping duty orders on certain

bearings from Hungary, Japan, Romania, Sweden,

France, Germany, Italy, and the United Kingdom

would be likely to lead to continuation or recurrence

of dumping:

Product Country ITAcaseno. FR cite

Tapered roller

bearings Hungary A-437-601 64 FR 60272

Tapered roller

bearings (4

inches and

under) Japan A-588-054 64 FR 60317

Tapered roller

bearings (Over

4 inches) Japan A-588-604 64 FR 60266

Tapered roller

bearings Romania. A-485-602 64 FR 60269

Ball bearings Romania __A-485-801 64 FR 60313

Ball bearings Sweden A-401-801 64 FR 60282

Cylindrical

roller bearings France A-427-801 64 FR 60321

Cylindrical

roller bearings Germany A-428-801 64 FR 60309

Cylindrical

roller bearings Italy A-475-801 64 FR 60291

Cylindrical

roller bearings _ Japan A-588-804 64 FR 60275

Cylindrical

roller bearings Sweden A-401-801 64 FR 60321

Cylindrical United

roller bearings Kingdom A-412-801 64 FR 60326

Spherical

plain bearings Germany A-428-801 64 FR 60309

Spherical

plain bearings Japan A-588-804 64 FR 60275

On June 28, 2000, the International Trade

Commission (“the Commission"), pursuant to section

App. 25

751(c) of the Act, determined that revocation of the

above antidumping duty orders on certain bearings

from Hungary, Japan, Romania, Sweden, France,

Germany, Italy, and the United Kingdom would not

be likely to lead to continuation or recurrence of ma-

terial injury to an industry in the United States

within a reasonably foreseeable time (65 FR 39925).

Therefore, pursuant to 19 CFR 351.222(i)(1), the De-

partment is publishing notice of the revocation of the

antidumping duty orders on certain bearings from

Hungary, Japan, Romania, Sweden, France, Ger-

many, Italy, and the United Kingdom. -

Effective Date: January 1, 2000.

FOR FURTHER INFORMATION CONTACT: Kath-

ryn B. McCormick or James Maeder, Office of Policy

for Import Administration, International Trade Ad-

ministration, U.S. Department of Commerce, 14th

Street and Constitution Ave., NW., Washington, DC

20230; telephone: (202) 482-1930 or (202) 482-3330,

respectively.

SUPPLEMENTARY INFORMATION:

Background

On April 1, 1999, the Department initiated,

and the Commission instituted, sunset reviews (64

FR 15727 and 64 FR 15783, respectively) of the anti-

dumping duty orders on certain bearings from Hun-

gary, Japan, Romania, Sweden, France, Germany,

Italy, and the United Kingdom. As a result of its re-

views, the Department found that revocation of the

App. 26

antidumping duty orders would likely lead to con-

tinuation or recurrence of dumping, and notified the

Commission of the magnitude of the margins were

the orders revoked. (See list below.)

On June 28, 2000, the Commission deter-

mined, pursuant to section 751(c) of the Act, that

revocation of the antidumping duty orders on certain

bearings from Hungary, Japan, Romania, Sweden,

France, Germany, Italy, and the United Kingdom

would not be likely to lead to continuation or recur-

rence of material injury to an industry in the United

States within a reasonably foreseeable time (see Cer-

tain Bearings form China, France, Germany, Hun-

gary, Italy, Japan, Romania, Singapore, Sweden, and

the United Kingdom, 65 FR 39925, and USITC Pub-

lication 3309 (June 2000), Investigation Nos. AA-

1921-143, 731-TA-341, 731-TA-343-345, 731-TA-391-

397, and 731-TA-399 (Review)).

Scope of the Orders

These orders cover shipments of certain bear-

ings from Hungary, Japan, Romania, Sweden,

France, Germany, Italy, and the United Kingdom as

described in the Appendix.

Determination

As a result of the determinations by the Com-

mission that revocation of the antidumping duty or-

ders would not be likely to lead to continuation or re-

currence of dumping and material injury to an indus-

try in the United States, pursuant to section

App. 27

751(d)(2) of the Act, the Department hereby orders

the revocation of the antidumping duty orders on

certain bearings from Hungary, Japan, Romania,

Sweden, France, Germany, Italy, and the United

Kingdom. The Department will instruct the Customs

Service to discontinue suspension of liquidation and

collection of cash deposits on entries of subject mer-

chandise entered or withdrawn from warehouse on or

after January 1, 2000 (the effective date). The De-

partment will complete any pending administrative

reviews of these orders and will conduct administra-

tive reviews of subject merchandise entered prior to

the effective date of revocation in response to appro-

priately filed requests for review.

Dated: July 5, 2000.

Troy H. Cribb, Acting Assistant Secretary for Import

Administration.

Appendix

A. Description of the Merchandise

:. Tapered Roller Bearings (*TRBs")

a. Hungary: The products subject to this or-

der are shipments of TRBs and parts thereof, fin-

ished and unfinished, from Hungary. This merchan-

dise is currently classifiable under the following item

numbers of the Harmonized Tariff Schedule (*HTS")

of the United States: 8482.00.10,

8482.20.00,8482.20.00.30, 8482.20.00.40,

8482.20.00.50, 8482.20.00.60, 8482.20.00.70,

App. 28

8482.20.00.80, 8483.20.40.80, 8483.20.80.80,

8483.30.80.20, 8482.91.00.50, 8482.99.15.00,

8482.99.15.40, 8482.99.15.80, 8708.99.80.15, and

8708.99.80.80. The HTS numbers are provided for

convenience and customs purposes. The written de-

scription remains dispositive.

b. Japan (four inches or less): Imports cov-

ered by the A-588-054 findings are sales or entries of

TRBs, four inches or less in outside diameter when

assembled, including inner race or cone assemblies

and outer races or cups, sold either as a unit or sepa-

rately. This merchandise is classified under HTS

numbers 8482.20.00 and 8482.99.30. The HTS item

numbers listed above are provided for convenience

and customs purposes. The written descriptions re-

main dispositive.

c. Japan (over four inches): Imports covered

by the A-588-604 order include TRBs and parts

thereof, finished and unfinished, which are flange,

take-up cartridge, and hanger units incorporating

TRBs, and tapered roller housings (except pillow

blocks) incorporating tapered rollers, with or without

spindles, whether or not for automotive use. Products

subject to the A-588-054 findings are not included

within the scope of this order, except for those manu-

factured by NTN Corporation. This merchandise is

currently classifiable under HTS item numbers

8482.99.30, 8483.20.40, 8482.20.20, 8483.20.80,

8482.91.00, 8483.30.80, 8483.90.20, 8483.90.30, and

8483.90.60. In addition, in accordance with our Feb-

ruary 2, 1995, final scope determination regarding

Koyo Seiko's rough forgings, Koyo's rough forgings

are also included within the scope of this order. The

HTS item numbers listed above for the A-588-604 or-

App. 29

der are provided for convenience and customs pur-

poses. The written descriptions remain dispositive.

d. Romania: The products subject to this or-

der are TRBs, including flange, take-up cartridge,

and hanger units incorporating tapered roller bear-

ings, and tapered roller housings (except pillow

blocks) incorporating tapered rollers, with or without

spindles, whether or not for automotive use. This

merchandise is currently classifiable under HTS item

numbers 8482.20.00.10, 8482.20.00.20.

8482.20.00.30, 8482.20.00.50, 8482.20.00.60,

8482.20.00.70, 8482.20.00.80, 8482.91.00.50,

8482.99.15.00, 8482.99.15.40, 8482.99.15.80,

8483.20.40.80, 8483.20.80.80, 8483.30.80.20,

8708.99.80.15, and 8708.99.80.80.

2. Antifriction Bearings (*AFBs")

The AFBs (other than TRBs) covered by these

: orders, mounted or unmounted, and parts thereof,

constitute the following three types of subject mer-

chandise:

a. Ball Bearings and Parts Thereof: These

products include all AFBs that employ balls as the

roller element. Imports of these products are classi-

fied under the following categories: antifriction balls,

ball bearings with integral shafts, ball bearings (in-

cluding radial ball bearings) and parts thereof, and

housed or mounted ball bearing units and parts

thereof. Imports of these products are classified un-

der the following Harmonized Tariff Schedule (HTS)

subheadings: 3926.90.45, 4016.93.00, 4016.93.10,

4016.93.50, 6909.19.5010, 8431.20.00, 8431.39.0010,

8482.10.10, 8482.10.50, 8482.80.00, 8482.91.00,

A

App. 30

8482.99.05,8482.99.35, 8482.99.2580, 8482.99.6595,

8483.20.40, 8483.20.80, 8483.50.8040, 8483.50.90,

8483.90.20, 8483.90.30, 8483.90.70, 8708.50.50,

8708.60.50, 8708.60.80, 8708.70.6060, 8708.70.8050,

8708.93.30, 8708.93.5000, 8708.93.6000, 8708.93.75,

8708.99.06, 8708.99.31, 8708.99.4960, 8708.99.50,

8708.99.5800, 8708.99.8080, 8803.10.00, 8803.20.00,

8803.30.00, 8803.90.30, and 8803.90.90.

b. Cylindrical Roller Bearings, Mounted or

Unmounted, and Parts Thereof: These products in-

clude all AFBs that employ cylindrical rollers as the

rolling element. Imports of these products are classi-

fied under the following categories: antifriction roll-

ers, all cylindrical roller bearings (including split cy-

lindrical roller bearings) and parts thereof, housed or

mounted cylindrical roller units and parts thereof.

Imports of these products are classified under

the following HTS _ subheadings: 3926.90.45,

4016.93.00, 4016.93.10, 4016.93.50, 6909.19.5010,

8431.20.00, 8431.39.0010, 8482.40.00, 8482.50.00,

8482.80.00, 8482.91.00, 8482.99.25, 8482.99.35,

8482.99.6530, 8482.99.6560, 8482.99.70, 8483.20.40,

8483.20.80, 8483.50.8040, 8483.90.20, 8483.90.30,

8483.90.70, 8708.50.50, 8708.60.50, 8708.93.5000,

8708.99.4000, 8708.99.4960, 8708.99.50,

8708.99.8080, 8803.10.00, 8803.20.00, 8803.30.00,

8803.90.30, and 8803.90.90.

c. Spherical Plain Bearings, Mounted or

Unmounted, and Parts Thereof: These products in-

clude all spherical plain bearings that employ a

spherically shaped sliding element and include

spherical plain rod ends. Imports of these products

are classified under the following HTS subheadings:

3926.90.45, 4016.93.00, 4016.93.00, 4016.93.10,

App. 31

4016.93.50, 6909.50,10, 8483.30.80, 8483.90.30,

8485.90.00, 8708.93.5000, 8708.99.50, 8803.10.00,

8803.10.00, 8803.20.00, 8803.30.00, and 8803.90.90.

The HTS subheadings are provided for convenience

and customs purposes. The written description of the

scope of this proceeding is dispositive.

Size or precision grade of a bearing does not

influence whether the bearing is covered by the AFB

orders. These orders cover all the subject bearings

and parts thereof (inner race, outer race, cage, roll-

ers, balls, seals, shields, etc.) outlined above with

certain limitations. With regard to finished parts, all

such parts are included in the scope of these orders.

For unfinished parts, such parts are included if (1)

they have been heat-treated, or (2) heat treatment is

not required to be performed on the part. Thus, the

only unfinished parts that are not covered by these

orders are those that will be subject to heat treat-

ment after importation.

The ultimate application of a bearing also does

not influence whether the bearing is covered by the

orders. Bearings designed for highly specialized ap-

plications are not excluded. Any of the subject bear-

ings, regardless of whether they may ultimately be

utilized in aircraft, automobiles, or other equipment,

are within the scopes of these orders.

B. Scope Determinations

The Department has issued numerous clarifi-

cations of the scope of the AFB orders. Interested

parties can access all scope determinations for indi-

vidual countries on the Web at

www.ita.gov/sunset/ss.home.htm.