Tapered Roller Bearings Four Inches or Less in Outside Diameter and Certain Components Thereof From Japan; Affirmation of the Results of Redetermination Pursuant to Court Remand

DEPARTMENT OF COMMERCE

I41[A-588-054]

Tapered Roller Bearings Four Inches or Less in Outside Diameter

and Certain Components Thereof From Japan; Affirmation of the Results

of Redetermination Pursuant to Court Remand

SUMMARY: On September 28, 1993, the United States Court of

International Trade (the Court) affirmed the Department of Commerce's

(the Department) redetermination on remand of the final results and

amendment to the final results of the administrative review of the

antidumping finding on tapered roller bearings, four inches or less in

outside diameter, and certain components thereof, from Japan (56 FR

26054, June 6, 1991, and 56 FR 31113, July 9, 1991) (NSK Ltd. and NSK

Corporation v. United States, (Slip. Op. 93-121, June 28, 1993) (NSK)).

The results covered the period August 1, 1987 through July 31, 1988.

EFFECTIVE DATE: March 10, 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 June 28, 1993, the Court issued an order remanding to the

Department the final results and amended final results of the 1987-88

administrative review of the antidumping finding on tapered roller

bearings, four inches or less in outside diameter, and components

thereof, from Japan.

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.

In NSK, the Court ordered the Department to recalculate NSK's U.S.

inventory carrying costs using the home market short-term interest

rate. Those 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 Court's

opinion, the Department will amend the final results and amendment to

those final results of the administrative review of the antidumping

finding on tapered roller bearings, four inches or less in outside

diameter, and certain components thereof, from Japan to reflect the

amended margin of 16.27 percent in the Department's redetermination on

remand, which was affirmed by the Court.

Dated: March 3, 1994.

Joseph A. Spetrini,

Acting Assistant Secretary for Import Administration.

[FR Doc. 94-5453 Filed 3-9-94; 8:45 am]

BILLING CODE 3510-DS-M