Antifriction Bearings From the United Kingdom; United States Court of International Trade Decision

DEPARTMENT OF COMMERCE

[A-412-801]

Antifriction Bearings From the United Kingdom; United States

Court of International Trade Decision

AGENCY: International Trade Administration/Import Administration,

Department of Commerce.

SUMMARY: On October 14, 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 the United Kingdom (56 FR

31769, July 11, 1991). Torrington Company v. United States, (Slip Op.

93-199, October 14, 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, and

dismissed the case. The results covered the period November 9, 1988,

through April 30, 1990.

EFFECTIVE DATE: October 25, 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 9, 1993, the CIT in Torrington Company v. United States

(Slip Op. 93-103), 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

the United Kingdom (56 FR 31769, July 11, 1991) to the Department. 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 July 23, 1993, the Department submitted to the

CIT its redetermination on remand on the VAT. On October 14, 1993, the

CIT ruled upon Commerce's redetermination in Torrington. In this

decision, the CIT rejected the Department's redetermination methodology

for calculating the amount of the VAT adjustment added to USP. On

December 13, 1993, The Torrington Company filed a notice of appeal of

the CIT's decision.

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 October 14, 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 any 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 the United Kingdom 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. 94-9433 Filed 4-19-94; 8:45 am]

BILLING CODE 3510-DS-P