Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, From Japan; Affirmation of the Results of Redetermination Pursuant to Court Remand

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-604]

Tapered Roller Bearings and Parts Thereof, Finished or

Unfinished, From Japan; Affirmation of the Results of Redetermination

Pursuant to Court Remand

SUMMARY: On February 15, 1994, the United States Court of International

Trade (CIT) affirmed the Department of Commerce's redetermination on

remand and amendment to the redetermination on remand of the final

results of the administrative review of the antidumping duty order on

tapered roller bearings and parts thereof, finished and unfinished,

from Japan (57 FR 4951, February 11, 1992) NSK Ltd. and NSK Corporation

v. United States (Slip. Op. 93-178, September 10, 1993) (NSK I) and NSK

Ltd. and NSK Corporation v. United States (Slip. Op. 93-216, November

18, 1993) (NSK II). The results covered the period October 1, 1988

through September 30, 1989.

EFFECTIVE DATE: May 9, 1994.

FOR FURTHER INFORMATION CONTACT:

Maureen Shields or John Kugelman at (202) 482-5253, Office of

Antidumping Compliance, Import Administration, International Trade

Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

On September 10, 1993, the CIT issued an order remanding to the

Department of Commerce (the Department) the final results of the

administrative review of the antidumping duty order on tapered roller

bearings and parts thereof, finished or unfinished, from Japan (57 FR

4951, February 11, 1992), and on November 18, 1993, the CIT issued an

order to the Department further remanding these results.

In its decision in NSK I, the CIT remanded the final results to the

Department: (1) To correct the misidentification of a part's 19-digit

number, (2) to search for and average difference-in-merchandise

adjustment (difmer) data reported for the quarter during which a

particular TRB model was sold and for the preceding quarter if it finds

none in the same quarter as that in which the sale occurs, and (3) to

enable the Department to reconsider all cost-of-production information

on the record, including cost information reported for quarters

subsequent to sale.

In NSK II, the CIT further remanded the case to the Department to

add NSK's U.S. direct selling expenses to foreign market value, rather

than subtracting them from United States price.

In its decision in Timken Co. v. United States, 893 F.2d 337 (Fed.

Cir. 1990) (Timken), the United States Court of Appeals for the Federal

Circuit held that, pursuant to 19 U.S.C. 1516a(e), the Department must

publish a notice of a court decision which is not ``in harmony'' with a

Department determination, and must suspend liquidation of entries

pending a ``conclusive'' court decision. These remand instructions

constitute a decision not in harmony with the Department's final

results of review. This notice fulfills the publication requirements of

Timken.

Accordingly, the Department will continue the suspension of

liquidation of the subject merchandise. Further, absent an appeal, or,

if appealed, upon a ``conclusive'' court decision affirming the CIT's

opinion, the Department will amend the final results of the

administrative review of the antidumping duty order on tapered roller

bearings and parts thereof, finished or unfinished, from Japan to

reflect the amended margin of 15.02 percent in the Department's amended

redetermination on remand, which was affirmed by the CIT.

Dated: April 27, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-11126 Filed 5-6-94; 8:45 am]

BILLING CODE 3510-DS-M