Antifriction Bearings From Germany; United States Court of International Trade Decision

DEPARTMENT OF COMMERCE

[A-428-801]

Antifriction Bearings From Germany; United States Court of

International Trade Decision

AGENCY: International Trade Administration/Import Administration,

Department of Commerce.

SUMMARY: On November 30, 1993, the United States Court of International

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

remand of the final results of the first administrative review of the

antidumping duty order on antifriction bearings (other than tapered

roller bearings) and parts thereof from Germany (56 FR 31692, July 11,

1991). Federal-Mogul Corp. v. United States, (Slip Op. 93-221, November

30, 1993) (Federal-Mogul). Specifically, the CIT rejected the

Department's methodology in the redetermination for calculating the

amount of the tax adjustment that was added to United States price. The

CIT entered final judgment on all issues. The results covered the

period November 9, 1988, through April 30, 1990.

EFFECTIVE DATE: December 10, 1993.

FOR FURTHER INFORMATION CONTACT: Joseph A. Fargo or Richard Rimlinger,

Office of Antidumping Compliance, International Trade Administration,

U.S. Department of Commerce, Washington DC, 20230; telephone (202) 482-

4733.

SUPPLEMENTARY INFORMATION:

Background

On June 4, 1993, the CIT in Federal-Mogul Corp. v. United States,

(Slip Op. 93-96), remanded the final results of the first

administrative review of the antidumping duty order on antifriction

bearings (other than tapered roller bearings) and parts thereof from

Germany (56 FR 31692, July 11, 1991) to the Department for the

reconsideration of a number of issues. For one of these issues, the

Court ordered the Department to determine the exact monetary amount of

the value added tax (VAT) paid on each sale in the home market, to make

certain that the amount of the VAT adjustment added to the comparable

U.S. sale is less than or equal to this amount, and to add the full

amount of the VAT in the home market to foreign market value (FMV)

without adjustment. On September 2, 1993, the Department submitted to

the CIT its redetermination on remand on the VAT and other issues. On

November 30, 1993, the CIT ruled upon Commerce's redetermination in

Federal-Mogul. In this decision, the CIT rejected the Department's

redetermination methodology for calculating the amount of the VAT

adjustment added to USP.

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. The CIT's decision in Federal-

Mogul on November 30, 1993, which rejected the Department's

redetermination methodology for calculating the amount of the VAT

adjustment added to USP, constitutes a decision not in harmony with the

Department's final results.

Pursuant to the decision in Timken, the Department must continue

the suspension of liquidation of the subject merchandise pending the

later of the expiration of the period for appeal or the conclusion of

any appeal. Further, absent an appeal, or, if appealed, upon a

``conclusive'' court decision affirming the CIT's opinion, the

Department will amend the final affirmative results of antifriction

bearings (other than tapered roller bearings) and parts thereof from

Germany to reflect the change in the VAT adjustment calculation

methodology which was ordered by the CIT and direct liquidation in

accordance with the amended determination.

Dated: February 18, 1994.

Joseph A.Spetrini,

Acting Assistant Secretary For Import Administration.

[FR Doc. 94-5033 Filed 3-3-94; 8:45 am]

BILLING CODE 3510-DS-P