Antifriction Bearings from Italy; United States Court of International Trade Decision

DEPARTMENT OF COMMERCE

[A-475-801]

Antifriction Bearings from Italy; United States Court of

International Trade Decision

AGENCY: International Trade Administration/Import Administration,

Department of Commerce.

SUMMARY: On December 10, 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 Italy (56 FR 31751, July 11,

1991). Torrington Company v. United States (Slip Op. 93-234, December

10, 1993) (Torrington). 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 (USP). The CIT

entered final judgment on the value added tax issue. The results

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

EFFECTIVE DATE: December 20, 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 July 8, 1993, the CIT in Torrington Company v. United States

(Slip Op. 93-125), 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

Italy (56 FR 31751, 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 22, 1993, the Department submitted to

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

December 10, 1993, the CIT ruled upon Commerce's redetermination in

Torrington. In this decision, the CIT rendered final judgment on the

VAT issue, rejecting the Department's redetermination methodology for

calculating the amount of the VAT adjustment added to USP. The CIT also

ordered remand on other issues. SKF Ltd. filed notice of appeal of the

partial final judgment on the VAT issue on February 8, 1994.

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

Torrington on December 10, 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

conclusion of the appeal. Further, 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 Italy 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: April 10, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-9432 Filed 4-19-94; 8:45 am]

BILLING CODE 3510-DS-P