Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France, Germany, Italy, Japan, Singapore, Sweden, and the United Kingdom; Final Results of Antidumping Duty Administrative Reviews and Partial Termination of Administrative Reviews

Federal RegisterDec 17, 1996

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SUMMARY: On December 7, 1995, the Department of Commerce (the

Department) published the preliminary results of its administrative

reviews of the antidumping duty orders on antifriction bearings (other

than tapered roller bearings) and parts thereof (AFBs) from France,

Germany, Italy, Japan, Singapore, Sweden, and the United Kingdom (the

Italian results were published in a separate notice). The classes or

kinds of merchandise covered by these reviews are ball bearings and

parts thereof, cylindrical roller bearings and parts thereof, and

spherical plain bearings and parts thereof, as described in more detail

below. The reviews cover 64 manufacturers/exporters. The review period

is May 1, 1993, through April 30, 1994.

Based on our analysis of the comments received, we have made

changes, including corrections of certain inadvertent programming and

clerical errors, in the margin calculations. Therefore, the final

results differ from the preliminary results. The final weighted-average

dumping margins for the reviewed firms for each class or kind of

merchandise are listed below in the section entitled ``Final Results of

the Reviews.''

EFFECTIVE DATE: December 17, 1996.

FOR FURTHER INFORMATION CONTACT: The appropriate case analyst, for the

various respondent firms listed below, of Import Administration,

International Trade Administration, U.S. Department of Commerce, 14th

Street and Constitution Avenue, NW., Washington, DC. 20230; telephone:

(202) 482-4733.

France

Andrea Chu (AVIAC, SNFA, SNR), Davina Hashmi (INA), Hermes Pinilla

(Technofan), Matthew Rosenbaum (Franke & Heydrich, Hoesch Rothe Erde,

Rollix Defontaine, SKF), or Kris Campbell.

Germany

Kris Campbell (Cross-Trade, Delta, EXTA Aussenhandel), Chip Hayes

(NTN Kugellagerfabrik), Andrea Chu (SNR), Davina Hashmi (INA), Hermes

Pinilla (Hepa Walzlager, Schaumloffel), Matthew Rosenbaum (Fichtel &

Sachs, Franke & Heydrich, Hoesch Rothe Erde, Rollix Defontaine, SKF),

Thomas Schauer (FAG), Kris Campbell, or Richard Rimlinger.

Italy

Davina Hashmi (Meter), Mark Ross (FAG), Thomas Schauer (SKF), Kris

Campbell, or Richard Rimlinger.

Japan

J. David Dirstine (Koyo, NSK, ITOCHU, Godo Kogyo, Santest Co.),

Chip Hayes (Mitsubishi, Nachi, Nankai Seiko, NTN), Lyn Johnson (I&OC,

Kongo Colmet, Marubeni, Mihasi, Inc., Sanken Trading, Sanko Co.,

Taikoyo Sangyo, Takeshita, Tomen), Michael Panfeld (Izumoto Seiko,

Nissho-Iwai, NPBS, Origin Electric), Mark Ross (Asahi Seiko,

Minamiguchi, Mitsui, Naniwa Kogyo, Nichimen, Nichinan Sangyo, Nihon

K.J., Shima Trading, Sumitomo, Toei Buhin, TOK Bearing Co.), Thomas

Schauer (Matsuo Bearing Co., Nippon Thompson Co., Phoenix

International, THK Co., Tsubakimoto PP), or Richard Rimlinger.

Singapore

Lyn Johnson (NMB/Pelmec) or Richard Rimlinger.

Sweden

Davina Hashmi (SKF) or Kris Campbell.

United Kingdom

Hermes Pinilla (FAG/Barden, NSK/RHP) or Kris Campbell.

SUPPLEMENTARY INFORMATION:

Background

On December 7, 1995, the Department published in the Federal

Register the preliminary results of its administrative reviews of the

antidumping duty orders on AFBs from France, Germany, Japan, Singapore,

Sweden, and the United Kingdom (60 FR 62817) and the preliminary

results of its administrative reviews of the antidumping duty orders on

AFBs from Italy (60 FR 62813). We gave interested parties an

opportunity to comment on our preliminary results.

At the request of certain interested parties, we held hearings on

case-specific issues for Germany on February 14, 1996 and for Japan on

February 15, 1996.

We are terminating the review with respect to Mitsubishi, Mitsui,

Phoenix International, Shima Trading, and Sumitomo. The suppliers to

these firms had knowledge at the time of sale that the merchandise was

destined for the United States. Consequently, these firms are not

resellers as defined in 19 CFR 353.2(s) because their sales cannot be

used to calculate the U.S. price (USP).

Scope of Reviews

The products covered by these reviews are AFBs and constitute the

following ``classes or kinds'' of merchandise: ball bearings and parts

thereof (BBs), cylindrical roller bearings and parts thereof (CRBs),

and spherical plain bearings and parts thereof (SPBs). For a detailed

description of the products covered under these classes or kinds of

merchandise, including a compilation of all pertinent scope

determinations, see the ``Scope Appendix,'' which is appended to this

notice of final results.

Applicable Statute and Regulations

Unless otherwise indicated, all citations to the statute and to the

Department's regulations are references to the provisions as they

existed on December 31, 1994.

Best Information Available

In accordance with section 776(c) of the Tariff Act, we have

determined that the use of the best information available (BIA) is

appropriate for a number of firms. For certain firms, total BIA was

necessary while, for other firms, only partial BIA was applied. For a

discussion of our application of BIA, see the ``Best Information

Available'' section of the Issues Appendix.

Sales Below Cost in the Home Market

The Department disregarded sales below cost for the following firms

and classes or kinds of merchandise:

------------------------------------------------------------------------

Class or kind of

Country Company merchandise

------------------------------------------------------------------------

France.......................... SKF............... BBs

SNR............... BBs

Italy........................... FAG............... BBs

SKF............... BBs

Germany......................... FAG............... BBs, CRBs, SPBs

INA............... BBs, CRBs

SKF............... BBs, CRBs, SPBs

[[Page 66473]]

Japan........................... Asahi Seiko....... BBs

Koyo.............. BBs, CRBs

Nachi............. BBs, CRBs

NSK............... BBs, CRBs

NTN............... BBs, CRBs, SPBs

Singapore....................... NMB/Pelmec........ BBs

Sweden.......................... SKF............... BBs, CRBs

United Kingdom.................. Barden............ BBs

FAG............... BBs

NSK/RHP........... BBs, CRBs

------------------------------------------------------------------------

Changes Since the Preliminary Results

Based on our analysis of comments received, we have corrected

certain programming and clerical errors in our preliminary

calculations. Any alleged programming or clerical errors with which we

do not agree are discussed in the relevant sections of the Issues

Appendix.

Analysis of Comments Received

All issues raised in the case and rebuttal briefs by parties to

these concurrent administrative reviews of AFBs are addressed in the

``Issues Appendix'' which is appended to this notice of final results.

Final Results of Reviews

We determine that the following percentage weighted-average margins

exist for the period May 1, 1993, through April 30, 1994:

----------------------------------------------------------------------------------------------------------------

Company BBs CRBs SPBs

----------------------------------------------------------------------------------------------------------------

France

----------------------------------------------------------------------------------------------------------------

AVIAC........................................................... 0.47 (\2\) (\2\)

Franke & Heydrich............................................... \1\ 66.42 (\3\) (\3\)

Hoesch Rothe Erde............................................... (\2\) (\3\) (\3\)

INA............................................................. 66.42 18.37 42.79

Rollix Defontaine............................................... (\2\) (\3\) (\3\)

SKF............................................................. 3.75 (\2\) 18.80

SNFA............................................................ 66.42 18.37 (\3\)

SNR............................................................. 70.73 2.08 (\3\)

Technofan....................................................... 14.59 (\2\) (\2\)

----------------------------------------------------------------------------------------------------------------

Germany

----------------------------------------------------------------------------------------------------------------

Cross-Trade GmbH................................................ 132.25 76.27 118.98

Delta Export GmbH............................................... (\2\) (\2\) (\2\)

EXTA Aussenhandel GmbH.......................................... 68.89 55.65 114.52

FAG............................................................. 13.06 13.58 2.00

Fichtel & Sachs................................................. 19.60 (\3\) (\3\)

Franke & Heydrich............................................... \1\ 132.25 (\3\) (\3\)

Hepa Walzlager GmbH............................................. (\2\) (\2\) (\2\)

Hoesch Rothe Erde............................................... (\2\) (\3\) (\3\)

INA............................................................. 31.29 52.43 (\2\)

NTN............................................................. 12.50 (\3\) (\3\)

Rollix & Defontaine............................................. (\2\) (\3\) (\3\)

Schaumloffel Technik GmbH....................................... (\2\) (\2\) (\2\)

SKF............................................................. 2.67 9.46 14.30

SNR............................................................. 3.69 0.99 (\3\)

----------------------------------------------------------------------------------------------------------------

Italy

----------------------------------------------------------------------------------------------------------------

FAG............................................................. 1.79 0.00 (\3\)

Meter........................................................... 3.75 (\3\) (\3\)

SKF............................................................. 3.26 (\3\) (\3\)

----------------------------------------------------------------------------------------------------------------

Japan

----------------------------------------------------------------------------------------------------------------

Asahi Seiko..................................................... 1.61 (\2\) 92.00

Godo Kogyo...................................................... (\2\) (\2\) (\2\)

I & OC.......................................................... (\2\) (\2\) (\2\)

ITOCHU.......................................................... (\2\) (\2\) (\2\)

Izumoto Seiko................................................... 2.28 (\2\) (\2\)

Kongo Colmet.................................................... (\2\) (\2\) (\2\)

Koyo Seiko...................................................... 14.90 6.53 \1\ 0.00

Marubeni........................................................ (\2\) (\2\) (\2\)

Matsuo Bearing.................................................. (\2\) (\2\) (\2\)

Mihasi.......................................................... (\2\) (\2\) (\2\)

Minamiguchi Bearing............................................. 106.61 51.82 92.00

Nachi-Fujikoshi................................................. 13.79 9.72 (\3\)

Naniwa Kogyo.................................................... 106.61 51.82 92.00

Nankai Seiko.................................................... 0.55 (\2\) (\2\)

Nichinan Sangyo................................................. (\2\) (\2\) (\2\)

Nichimen........................................................ 106.61 51.82 92.00

Nihon K.J....................................................... (\2\) (\2\) (\2\)

NPBS............................................................ 45.83 (\3\) (\3\)

[[Page 66474]]

NSK Ltd......................................................... 19.39 15.37 (\2\)

Nippon Thompson................................................. 10.16 51.82 59.63

Nissho-Iwai..................................................... 106.61 51.82 92.00

NTN............................................................. 14.34 11.05 32.33

Origin Electric................................................. 106.61 51.82 92.00

Sanken Trading.................................................. 106.61 51.82 92.00

Sanko........................................................... (\2\) (\2\) (\2\)

Santest......................................................... (\2\) (\2\) (\2\)

Taikoyo Sangyo.................................................. 106.61 51.82 92.00

Takeshita Seiko................................................. 0.89 (\3\) (\3\)

THK............................................................. 106.61 51.82 92.00

Toei Buhin...................................................... (\2\) (\2\) (\2\)

TOK Bearing..................................................... 106.61 51.82 92.00

Tomen........................................................... 106.61 51.82 92.00

Tsubakimoto..................................................... 7.77 (\3\) (\3\)

----------------------------------------------------------------------------------------------------------------

Singapore

----------------------------------------------------------------------------------------------------------------

NMB/Pelmec...................................................... 4.32 (\3\) (\3\)

----------------------------------------------------------------------------------------------------------------

Sweden

----------------------------------------------------------------------------------------------------------------

SKF............................................................. 2.22 0.00 (\3\)

----------------------------------------------------------------------------------------------------------------

United Kingdom

----------------------------------------------------------------------------------------------------------------

Barden.......................................................... 1.49 \1\ 8.22 (\3\)

FAG............................................................. 3.32 \1\ 8.22 (\3\)

NSK/RHP......................................................... 10.21 10.35 (\3\)

----------------------------------------------------------------------------------------------------------------

\1\ No shipments or sales subject to this review. Rate is from the last relevant segment of the proceeding in

which the firm had shipments/sales.

\2\ No shipments or sales subject to this review. The firm has no individual rate from any segment of this

proceeding.

\3\ Not subject to review.

Cash Deposit Requirements

To calculate the cash deposit rate for each exporter, we divided

the total dumping margins for each exporter by the total net USP value

for that exporter's sales for each relevant class or kind during the

review period under each order.

In order to derive a single deposit rate for each class or kind of

merchandise for each respondent (i.e., each exporter or manufacturer

included in these reviews), we weight-averaged the purchase price and

exporter's sales price (ESP) deposit rates (using the United States

price (USP) of purchase price sales and ESP sales, respectively, as the

weighting factors). To accomplish this where we sampled ESP sales, we

first calculated the total dumping margins for all ESP sales during the

review period by multiplying the sample ESP margins by the ratio of

total weeks in the review period to sample weeks. We then calculated a

total net USP value for all ESP sales during the review period by

multiplying the sample ESP total net value by the same ratio. We then

divided the combined total dumping margins for both purchase price and

ESP sales by the combined total USP value for both purchase price and

ESP sales to obtain the deposit rate.

We will direct Customs to collect the resulting percentage deposit

rate against the entered Customs value of each of the exporter's

entries of subject merchandise entered, or withdrawn from warehouse,

for consumption on or after the date of publication of this notice.

Entries of parts incorporated into finished bearings before sales

to an unrelated customer in the United States will receive the

exporter's deposit rate for the appropriate class or kind of

merchandise.

Furthermore, the following deposit requirements will be effective

upon publication of this notice of final results of administrative

reviews for all shipments of AFBs entered, or withdrawn from warehouse,

for consumption on or after the date of publication, as provided by

section 751(a)(1) of the Tariff Act: (1) The cash deposit rates for the

reviewed companies will be the rates shown above, except that for firms

whose weighted-average margins are less than 0.50 percent, and

therefore de minimis, the Department shall require a zero deposit of

estimated antidumping duties; (2) for previously reviewed or

investigated companies not listed above, the cash deposit rate will

continue to be the company-specific rate published for the most recent

period; (3) if the exporter is not a firm covered in this review, a

prior review, or the original less-than-fair-value (LTFV)

investigation, but the manufacturer is, the cash deposit rate will be

the rate established for the most recent period for the manufacturer of

the merchandise; and (4) the cash deposit rate for all other

manufacturers or exporters will continue to be the ``All Others'' rate

for the relevant class or kind and country made effective by the final

results of review published on July 26, 1993 (see Final Results of

Antidumping Duty Administrative Reviews and Revocation in Part of an

Antidumping Duty Order, 58 FR 39729 (July 26, 1993)). These rates are

the ``All Others'' rates from the relevant LTFV investigations.

These deposit requirements shall remain in effect until publication

of the final results of the next administrative reviews.

Assessment Rates

The Department shall determine, and the Customs Service shall

assess, antidumping duties on all appropriate entries. Because sampling

and other simplification methods prevent entry-

[[Page 66475]]

by-entry assessments, we will calculate wherever possible an exporter/

importer-specific assessment rate for each class or kind of

antifriction bearings.

1. Purchase Price Sales

With respect to purchase price sales for these final results, we

divided the total dumping margins (calculated as the difference between

foreign market value (FMV) and USP) for each importer by the total

number of units sold to that importer. We will direct Customs to assess

the resulting unit dollar amount against each unit of merchandise in

each of that importer's entries under the relevant order during the

review period. Although this will result in assessing different

percentage margins for individual entries, the total antidumping duties

collected for each importer under each order for the review period will

be almost exactly equal to the total dumping margins.

2. Exporter's Sales Price Sales

For ESP sales (sampled and non-sampled), we divided the total

dumping margins for the reviewed sales by the total entered value of

those reviewed sales for each importer. We will direct Customs to

assess the resulting percentage margin against the entered Customs

values for the subject merchandise on each of that importer's entries

under the relevant order during the review period. While the Department

is aware that the entered value of sales during the POR is not

necessarily equal to the entered value of entries during the POR, use

of entered value of sales as the basis of the assessment rate permits

the Department to collect a reasonable approximation of the antidumping

duties which would have been determined if the Department had reviewed

those sales of merchandise actually entered during the POR.

For calculation of the ESP assessment rate, entries for which

liquidation was suspended, but for which ultimately we do not collect

antidumping duties under the ``Roller Chain'' principle, are included

in the assessment rate denominator to avoid over-collecting. (The

``Roller Chain'' principle excludes from the collection of antidumping

duties bearings which were imported by a related party and further

processed, and which comprise less than one percent of the finished

product sold to the first unrelated customer in the United States. See

the section on ``Further Manufacturing and Roller Chain'' in the Issues

Appendix.)

This notice also serves as a final reminder to importers of their

responsibility under 19 CFR 353.26 to file a certificate regarding the

reimbursement of antidumping duties prior to liquidation of the

relevant entries during this review period. Failure to comply with this

requirement could result in the Secretary's presumption that

reimbursement of antidumping duties occurred and the subsequent

assessment of double antidumping duties.

This notice also serves as the only reminder to parties subject to

administrative protective orders (APO) of their responsibility

concerning the return or destruction of proprietary information

disclosed under APO in accordance with 19 CFR 353.34(d). Failure to

comply is a violation of the APO.

These administrative reviews and this notice are in accordance with

section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR

353.22.

Dated: December 5, 1996.

Jeffrey P. Bialos,

Acting Assistant Secretary for Import Administration.

Scope Appendix Contents

A. Description of the Merchandise

B. Scope Determinations

Issues Appendix Contents

Abbreviations

Comments and Responses

1. Assessment and Duty Deposits

2. Best Information Available

3. Circumstance-of-Sale Adjustments

A. Technical Services and Warranty Expenses

B. Inventory Carrying Costs

C. Commissions

D. Credit

E. Indirect Selling Expenses

F. Differences in Merchandise

4. Cost of Production and Constructed Value

A. Cost Test Methodology

B. Research and Development

C. Profit for Constructed Value

D. Related Party Inputs

E. Inventory Write-off

F. Interest Expense Offset

G. Other Issues

5. Discounts, Rebates and Price Adjustments

6. Further Manufacturing and Roller Chain

7. Level of Trade

8. Packing and Movement Expenses

9. Related Parties

10. Samples, Prototypes and Ordinary Courses of Trade

11. Taxes, Duties and Drawback

12. U.S. Price Methodology

13. Accuracy of Home Market Database

14. Programming

15. Duty Absorption and Reimbursement

16. Miscellaneous Issues

A. Verification

B. Pre-Final Reviews

C. Certification of Conformance to Past Practice

D. All Others Rate

E. Resellers

Scope Appendix

A. Description of the Merchandise

The products covered by these orders, antifriction bearings (other

than tapered roller bearings), mounted or unmounted, and parts thereof

(AFBs), constitute the following classes or kinds of merchandise:

1. Ball Bearings and Parts Thereof: These products include all AFBs

that employ balls as the roller element. Imports of these products are

classified under the following categories: Antifriction balls, ball

bearings with integral shafts, ball bearings (including radial ball

bearings) and parts thereof, and housed or mounted ball bearing units

and parts thereof. Imports of these products are classified under the

following Harmonized Tariff Schedule (HTS) subheadings: 4016.93.10,

4016.93.50, 6909.19.5010, 8482.10.10, 8482.10.50, 8482.80.00,

8482.91.00, 8482.99.05, 8482.99.10, 8482.99.35, 8482.99.70, 8483.20.40,

8483.20.80, 8483.30.40, 8483.30.80, 8483.90.20, 8483.90.30, 8483.90.70,

8708.50.50, 8708.60.50, 8708.70.6060, 8708.93.6000, 8708.99.06,

8708.99.3100, 8708.99.4000, 8708.99.4960, 8708.99.50, 8708.99.58,

8708.99.8015, 8708.99.8080.

2. Cylindrical Roller Bearings, Mounted or Unmounted, and Parts

Thereof: These products include all AFBs that employ cylindrical

rollers as the rolling element. Imports of these products are

classified under the following categories: Antifriction rollers, all

cylindrical roller bearings (including split cylindrical roller

bearings) and parts thereof, housed or mounted cylindrical roller

bearing units and parts thereof.

Imports of these products are classified under the following HTS

subheadings: 4016.93.10, 4016.93.50, 6909.19.5010, 8482.50.00,

8482.80.00, 8482.91.00, 8482.99.25, 8482.99.6530, 8482.99.6560,

8482.99.70, 8483.20.40, 8483.20.80, 8483.30.40, 8483.30.80, 8483.90.20,

8483.90.30, 8483.90.70, 8708.50.50, 8708.60.50, 8708.99.4000,

8708.99.4960, 8708.99.50, 8708.99.8080.

3. Spherical Plain Bearings, Mounted or Unmounted, and Parts

Thereof: These products include all spherical plain bearings that

employ a spherically shaped sliding element, and include spherical

plain rod ends.

Imports of these products are classified under the following HTS

subheadings: 6909.19.5010, 8483.30.40, 8483.30.80, 8483.90.20,

8483.90.30, 8485.90.00, 8708.99.4000, 8708.99.4960, 8708.99.50,

8708.99.8080.

The HTS item numbers are provided for convenience and Customs

purposes.

[[Page 66476]]

They are not determinative of the products subject to the orders. The

written description remains dispositive.

Size or precision grade of a bearing does not influence whether the

bearing is covered by the orders. These orders cover all the subject

bearings and parts thereof (inner race, outer race, cage, rollers,

balls, seals, shields, etc.) outlined above with certain limitations.

With regard to finished parts, all such parts are included in the scope

of these orders. For unfinished parts, such parts are included if (1)

they have been heat treated, or (2) heat treatment is not required to

be performed on the part. Thus, the only unfinished parts that are not

covered by these orders are those that will be subject to heat

treatment after importation.

The ultimate application of a bearing also does not influence

whether the bearing is covered by the orders. Bearings designed for

highly specialized applications are not excluded. Any of the subject

bearings, regardless of whether they may ultimately be utilized in

aircraft, automobiles, or other equipment, are within the scope of

these orders.

B. Scope Determinations

The Department has issued numerous clarifications of the scope of

the orders. The following is a compilation of the scope rulings and

determinations the Department has made.

Scope determinations made in the Final Determinations of Sales at

Less than Fair Value; Antifriction Bearings (Other Than Tapered Roller

Bearings) and Parts Thereof from the Federal Republic of Germany (AFBs

Investigation of SLTFV), 54 FR 19006, 19019 (May 3, 1989):

Products Covered

Rod end bearings and parts thereof

AFBs used in aviation applications

Aerospace engine bearings

Split cylindrical roller bearings

Wheel hub units

Slewing rings and slewing bearings (slewing rings and

slewing bearings were subsequently excluded by the International Trade

Commission's negative injury determination (see International Trade

Commission: Antifriction Bearings (Other Than Tapered Roller Bearings)

and Parts Thereof from the Federal Republic of Germany, France, Italy,

Japan, Romania, Singapore, Sweden, Thailand and the United Kingdom, 54

FR 21488, (May 18, 1989))

Wave generator bearings

Bearings (including mounted or housed units, and flanged

or enhanced bearings) ultimately utilized in textile machinery

Products Excluded

Plain bearings other than spherical plain bearings

Airframe components unrelated to the reduction of friction

Linear motion devices

Split pillow block housings

Nuts, bolts, and sleeves that are not integral parts of a

bearing or attached to a bearing under review

Thermoplastic bearings.

Stainless steel hollow balls.

Textile machinery components that are substantially

advanced in function(s) or value.

Wheel hub units imported as part of front and rear axle

assemblies; wheel hub units that include tapered roller bearings; and

clutch release bearings that are already assembled as parts of

transmissions.

Scope rulings completed between April 1, 1990, and June 30, 1990

(see Scope Rulings, 55 FR 42750 (October 23, 1990)):

Products Excluded

Antifriction bearings, including integral shaft ball

bearings, used in textile machinery and imported with attachments and

augmentations sufficient to advance their function beyond load-bearing/

friction-reducing capability.

Scope rulings completed between July 1, 1990, and September 30,

1990 (see Scope Rulings, 55 FR 43020 (October 25, 1990)):

Products Covered

Rod ends.

Clutch release bearings.

Ball bearings used in the manufacture of helicopters.

Ball bearings used in the manufacture of disk drives.

Scope rulings completed between April 1, 1991, and June 30, 1991

(see Notice of Scope Rulings, 56 FR 36774 (August 1, 1991)):

Products Excluded

Textile machinery components including false twist

spindles, belt guide rollers, separator rollers, damping units, rotor

units, and tension pulleys.

Scope rulings published in Antifriction Bearings (Other Than

Tapered Roller Bearings) and Parts Thereof; Final Results of

Antidumping Administrative Review (AFBs I), 56 FR 31692, 31696 (July

11, 1991):

Products Covered

Load rollers and thrust rollers, also called mast guide

bearings.

Conveyor system trolley wheels and chain wheels.

Scope rulings completed between July 1, 1991, and September 30,

1991 (see Scope Rulings, 56 FR 57320 (November 8, 1991)):

Products Covered

Snap rings and wire races.

Bearings imported as spare parts.

Custom-made specialty bearings.

Products Excluded

Certain rotor assembly textile machinery components.

Linear motion bearings.

Scope rulings completed between October 1, 1991, and December 31,

1991 (see Notice of Scope Rulings, 57 FR 4597 (February 6, 1992)):

Products Covered

Chain sheaves (forklift truck mast components).

Loose boss rollers used in textile drafting machinery,

also called top rollers.

Certain engine main shaft pilot bearings and engine crank

shaft bearings.

Scope rulings completed between January 1, 1992, and March 31, 1992

(see Scope Rulings, 57 FR 19602 (May 7, 1992)):

Products Covered

Ceramic bearings.

Roller turn rollers.

Clutch release systems that contain rolling elements.

Products Excluded

Clutch release systems that do not contain rolling

elements.

Chrome steel balls for use as check valves in hydraulic

valve systems.

Scope rulings completed between April 1, 1992, and June 30, 1992

(see Scope Rulings, 57 FR 32973 (July 24, 1992)):

Products Excluded

Finished, semiground stainless steel balls.

Stainless steel balls for non-bearing use (in an optical

polishing process).

Scope rulings completed between July 1, 1992, and September 30,

1992 (see Scope Rulings, 57 FR 57420 (December 4, 1992)):

Products Covered

Certain flexible roller bearings whose component rollers

have a length-to-diameter ratio of less than 4:1.

Model 15BM2110 bearings.

Products Excluded

Certain textile machinery components.

[[Page 66477]]

Scope rulings completed between October 1, 1992, and December 31,

1992 (see Scope Rulings, 58 FR 11209 (February 24, 1993)):

Products Covered

Certain cylindrical bearings with a length-to-diameter

ratio of less than 4:1.

Products Excluded

Certain cartridge assemblies comprised of a machine shaft,

a machined housing and two standard bearings.

Scope rulings completed between January 1, 1993, and March 31, 1993

(see Scope Rulings, 58 FR 27542 (May 10, 1993)):

Products Covered

Certain cylindrical bearings with a length-to-diameter

ratio of less than 4:1.

Scope rulings completed between April 1, 1993, and June 30, 1993

(see Scope Rulings, 58 FR 47124 (September 7, 1993)):

Products Covered

Certain series of INA bearings.

Products Excluded

SAR series of ball bearings.

Certain eccentric locking collars that are part of housed

bearing units.

Scope rulings completed between October 1, 1993, and December 31,

1993 (see Scope Rulings, 59 FR 8910 (February 24, 1994)):

Products Excluded

Certain textile machinery components.

Scope rulings completed after March 31, 1994:

Products Excluded

Certain textile machinery components.

Scope rulings completed between October 1, 1994 and December 31,

1994 (see Scope Rulings, 60 FR 12196 (March 6, 1995)):

Products Excluded

Rotek and Kaydon--Rotek bearings, models M4 and L6, are

slewing rings outside the scope of the order.

Scope rulings completed between April 1, 1995 and June 30, 1995

(see Scope Rulings, 60 FR 36782 (July 18, 1995)):

Products Covered

Consolidated Saw Mill International (CSMI) Inc.--Cambio

bearings contained in CSMI's sawmill debarker are within the scope of

the order.

Nakanishi Manufacturing Corp.--Nakanishi's stamped steel

washer with a zinc phosphate and adhesive coating used in the

manufacture of a ball bearing is within the scope of the order.

Scope rulings completed between January 1, 1996 and March 31, 1996

(see Scope Rulings, 61 FR 18381 (April 25, 1996)):

Products Covered

Marquardt Switches--Medium carbon steel balls imported by

Marquardt are outside the scope of the order.

Scope rulings completed between April 1, 1996 and June 30, 1996.

(see Scope Rulings, 61 FR 40194 (August 1, 1996)):

Products Excluded

Dana Corporation--Automotive component known variously as

a center bracket assembly, center bearings assembly, support bracket,

or shaft support bearing, is outside the scope of the order.

Issues Appendix

Company Abbreviations

Asahi Seiko (Asahi)

FAG/Barden 1--The Barden Corporation (U.K.) Ltd.; The Barden

Corporation; FAG (U.K.) Ltd.

---------------------------------------------------------------------------

\1\ The Department requested that FAG and Barden consolidate all

information in the original questionnaire, which they did as FAG/

Barden. FAG/Barden submitted comments on the preliminary results,

referring to aspects of the Department's analysis of FAG and Barden.

The Department has determined two separate rates for sales by FAG

(U.K.) and Barden in these final results (see our response to

Comment 1 in Section 4A).

---------------------------------------------------------------------------

FAG Germany--FAG Kugelfischer Georg Schaefer KGaA

FAG Italy--FAG Italia S.p.A.; FAG Bearings Corp.

Fichtel & Sachs--Fichtel & Sachs AG; Sachs Automotive Products Co.

GMN--Georg Muller Nurnberg AG; Georg Muller of America

Hoesch--Hoesch Rothe Erde AG

Honda--Honda Motor Co., Ltd.; American Honda Motor Co., Inc.

INA--INA Walzlager Schaeffler KG; INA Bearing Company, Inc.

IKS--Izumoto Seiko Co., Ltd.

Koyo--Koyo Seiko Co. Ltd.

Meter--Meter S.p.A.

Nachi--Nachi-Fujikoshi Corp.; Nachi America, Inc.; Nachi Technology

Inc.

Nankai--Nankai Seiko Co., Ltd.

NMB/Pelmec--NMB Singapore Ltd.; Pelmec Industries (Pte.) Ltd.

NPBS--Nippon Pillow Block Manufacturing Co., Ltd.; Nippon Pillow Block

Sales Co., Ltd.; FYH Bearing Units USA, Inc.

NSK--Nippon Seiko K.K.; NSK Corporation

NSK/RHP--NSK Bearings Europe, Ltd.; RHP Bearings; RHP Bearings, Inc.

NTN Germany--NTN Kugellagerfabrik (Deutschland) GmbH

NTN--NTN Corporation; NTN Bearing Corporation of America; American NTN

Bearing Manufacturing Corporation

Rollix--Rollix Defontaine, S.A.

SKF France--SKF Compagnie d'Applications Mecaniques, S.A. (Clamart);

ADR; SARMA

SKF Germany--SKF GmbH; SKF Service GmbH; Steyr Walzlager

SKF Italy--SKF Industrie; RIV-SKF Officina de Villar Perosa; SKF

Cuscinetti Speciali; SKF Cuscinetti; RFT

SKF Sweden--AB SKF; SKF Mekanprodukter AB; SKF Sverige

SKF UK--SKF (UK) Limited; SKF Industries; AMPEP Inc.

SKF Group--SKF-France; SKF-Germany; SKF-Sweden; SKF-UK; SKF USA, Inc.

SNFA--SNFA Bearings, Ltd.

SNR France--SNR Nouvelle Roulements

SNR Germany--SNR Roulements; SNR Bearings USA, Inc.

Takeshita--Takeshita Seiko Company

Torrington--The Torrington Company

Other Abbreviations

AM--Aftermarket

COP--Cost of Production

COM--Cost of Manufacturing

CV--Constructed Value

ESP--Exporter's Sales Price

FMV--Foreign Market Value

HM--Home Market

HMP--Home Market Price

ISE(s)--Indirect Selling Expenses

LOT--Level of Trade

OEM--Original Equipment Manufacturer

POR-- Period of Review

PP--Purchase Price

USP--United States Price

VAT--Value Added Tax

AFB Administrative Determinations

AFBs LTFV Investigation--Final Determinations of Sales at Less than

Fair Value; Antifriction Bearings (Other Than Tapered Roller Bearings)

and Parts Thereof from the Federal Republic of Germany, 54 FR 19006

(May 3, 1989).

AFBs I--Antifriction Bearings (Other Than Tapered Roller Bearings) and

Parts Thereof from the Federal Republic of Germany; Final Results of

Antidumping Duty Administrative Review, 56 FR 31692 (July 11, 1991).

AFBs II--Antifriction Bearings (Other Than Tapered Roller Bearings) and

Parts Thereof From France, et al.; Final Results of Antidumping Duty

Administrative Reviews, 57 FR 28360 (June 24, 1992).

[[Page 66478]]

AFBs III--Final Results of Antidumping Duty Administrative Reviews and

Revocation in Part of an Antidumping Duty Order, 58 FR 39729 (July 26,

1993).

AFBs IV--Antifriction Bearings (Other Than Tapered Roller Bearings) and

Parts Thereof From France, et al; Final Results of Antidumping Duty

Administrative Reviews, Partial Termination of Administrative Reviews,

and Revocation in Part of Antidumping Duty Orders, 60 FR 10900

(February 28, 1995).

AFB CIT Decisions

FAG v. United States, Slip Op. 95-158, September 14, 1995 (FAG I)

FAG Kugelfischer Georg Schaefer KGAa v. United States, Slip Op. 96-108

(CIT 1996) (FAG II)

FAG UK Ltd. v. United States, Slip Op. 96-177 (CIT, November 1, 1996)

(FAG III)

Federal Mogul Corp. v. United States, 813 F. Supp 856 (CIT 1993)

(Federal Mogul I)

Federal Mogul Corp. v. United States, 839 F. Supp 881 (CIT 1993),

vacated, 907 F. Supp 432 (1995) (Federal Mogul II)

Federal Mogul Corp. v. United States, 884 F. Supp 1391 (CIT 1993)

(Federal Mogul III)

Federal Mogul Corp. v. United States, 17 CIT 1015 (CIT 1993) (Federal

Mogul IV)

Federal Mogul Corp. v. United States, 924 F. Supp 210 (CIT April 19,

1996) (Federal Mogul V)

Koyo Seiko Co., Ltd. v. United States, 796 F. Supp 1526 (CIT 1992)

(Koyo)

NSK Ltd. v. United States, 910 F. Supp 663 (CIT 1995) (NSK I)

NSK Ltd. v. United States, 896 F. Supp 1263 (CIT 1995) (NSK II)

NTN Bearing Corporation of America v. United States, 903 F. Supp 62

(CIT 1995) (NTN I)

NTN Bearing Corporation of America v. United States, 905 F. Supp. 1083

(CIT 1995) (NTN II)

SKF USA Inc. v. United States, 876 F. Supp 275 (CIT 1995) (SKF)

The Torrington Company v. United States, 818 F. Supp 1563 (CIT 1993)

(Torrington I)

The Torrington Company v. United States, 832 F. Supp. 379 (1993)

(Torrington II)

The Torrington Company v. United States, 881 F. Supp 622 (1995)

(Torrington III)

CAFC AFB Decisions

NTN Bearing Corp. v. United States, 74 F. 3d 1204 (CAFC 1995) (NTN I)

The Torrington Company v. United States, 44 F. 3d 1572 (CAFC 1994)

(Torrington IV)

The Torrington Company v. United States, 82 F. 3d 1039 (CAFC 1996)

(Torrington V)

1. Assessment and Duty Deposits

Comment 1: Torrington contends that the Department should

reconsider its position regarding the calculation of deposit rates

because the new VAT methodology exacerbates the discrepancy between

deposit rates and assessment rates. Torrington suggests that the

Department should calculate deposit rates using entered value, not

United States price (USP), as the denominator, as it does in

calculating assessment rates.

Torrington acknowledges that the Department and the Court of

Appeals for the Federal Circuit (CAFC) have previously rejected

Torrington's argument that deposit rates should be calculated using

entered value as the denominator, citing AFBs I at 31692, noting in

addition that the CAFC upheld the Department regarding this issue in

Torrington IV at 1579. Torrington contends, however, that the new VAT

methodology adversely affects the Department's deposit rate

calculations and increases the disparity between deposit and assessment

rates.

Torrington suggests that the new methodology, whereby the

Department multiplies HMP by the VAT rate and adds this amount equally

to the HMP and USP, increases the USP that serves as the deposit rate

denominator while leaving entered value (the assessment rate

denominator) unchanged. Torrington acknowledges that the previous VAT

methodology (under which the VAT amount that was added to both HMP and

USP was derived by multiplying USP, not FMV, by the VAT rate), also

increased USP by an amount representing VAT. However, Torrington states

that the addition to USP is greater under the new VAT methodology than

it was under the old methodology, because HMP is generally greater than

USP where there is dumping, and Torrington provides a hypothetical

example. Torrington concludes that the new VAT-adjustment methodology

is not tax neutral because the deposit rates for respondents in

countries with high VAT tax rates will be far lower, everything else

being equal, than those in countries with low VAT tax rates. For these

reasons, Torrington argues the Department should calculate antidumping

duty deposit rates on the same basis that it calculates antidumping

duty assessment rates.

FAG, INA, Koyo, NMB/Pelmec, NSK, NTN, and SKF argue that the

Department should not alter its deposit-rate methodology. Respondents

contend that this methodology has been established practice since the

first review of these orders and should not be changed without good

reason. Respondents contend that both the Court of International Trade

(CIT) and CAFC have affirmed the Department's methodology. Respondents

contend that Torrington's arguments regarding the change in VAT

methodology do not constitute sufficient cause to alter the deposit-

rate methodology.

Department's Position: We disagree with Torrington. As we have

noted in previous reviews of these orders, duty deposits are estimates

of future dumping liability, and any difference between the estimate

and the calculated assessment will be collected or refunded with

interest. See AFBs II at 28377, AFBs III at 39738, and AFBs IV at

10905-06. As such, duty deposits need simply to be based on the level

of dumping during the POR; how the duty-deposit rate is derived is

within the Department's discretion, provided that the derivation is

reasonable. Moreover, the duty-deposit rate does not have to be

identical to the assessment rate. See Torrington IV at 1578-79.

We do not use entered value as the denominator in estimating duty

deposits for the following reasons. First, duty deposits calculated on

such a basis will not necessarily reflect the final margin of dumping

any more accurately than deposit rates calculated based on USP. Because

margins generally change from review to review, we have no reason to

believe or suspect that one methodology will necessarily be more

accurate than another. Second, we do not have entered values for all

importers of PP sales. Third, even if we had all entered values, to do

as Torrington suggests would require calculating separate deposit rates

for all importers, which would create an excessive administrative

burden both on us and on the U.S. Customs Service in order to implement

a deposit methodology that has not been shown to be more accurate.

Finally, as we noted in the 90/91 review of these orders, we must

maintain a consistent standard for determining whether margins are de

minimis. In sum, practical concerns favor the approach we have

consistently applied, and there is little theoretical appeal to

changing the approach. This is especially true when any difference

between the estimate and the assessment is collected (or refunded) with

interest when the entries are liquidated.

Nothing in Torrington's argument concerning the new VAT methodology

invalidates the reasons provided above for using USP as the denominator

in

[[Page 66479]]

calculating deposit rates for estimated future liability. As Torrington

acknowledges, both the new and old VAT methodologies resulted in the

addition to USP of an amount for VAT. In fact, under Torrington's

hypothetical example illustrating the difference in deposit rates

caused by the new VAT methodology, the deposit rate calculated using

the new methodology (19 percent) differed by only one percent from that

calculated using the previous methodology (20 percent). Therefore,

Torrington has not shown that the new VAT methodology results in

deposit rates that are not reasonably based on the level of dumping

during the POR. Consequently, we have not changed our methodology for

calculating duty-deposit rates for future entries in these final

results.

Comment 2: NSK argues that the Department's methodology for

calculating dumping duties significantly overstates its dumping

liability. NSK contends that the Department's methodology, which

calculates POR assessment rates by dividing the amount of antidumping

duties determined through its analysis of the six sample week sales

(multiplied by a weight factor of 8.69 in order to derive an annual

duty amount) by the entered value of the sample week sales (also

multiplied by a weight factor of 8.69 to derive an annual entered value

amount for POR sales), results in the over collection of duties from

NSK when applied to the entered value of POR entries. NSK states that

this is due to the fact that the entered value of its POR entries

significantly exceeded the Department's calculated entered value of

NSK's POR sales. NSK asserts that the Department should use the total

entered value of NSK's POR entries as the denominator in the

assessment-rate calculation.

Torrington, citing Koyo at page 1529, argues that the CIT has held

that the Department is afforded ``tremendous deference in selecting the

appropriate [assessment] methodology'' and that the Department's

assessment-rate methodology is reasonable and in accordance with law.

Torrington notes that the Court in Koyo also stated that, as long as

the methodology the Department selects is reasonable, it is appropriate

even if ``another alternative is more reasonable.'' Id at page 1529.

Torrington argues that the Department therefore should apply its

established assessment-rate methodology in the final results.

Department's Position: We disagree with NSK. In litigation arising

from AFBs II, FAG argued (as NSK does here) that we should calculate an

assessment rate by dividing the annualized dumping duties due by the

entered value of entries during the POR, rather than the entered value

of sales during the POR. In our remand determination of May 30, 1995,

we explained that the statute requires us to assess an antidumping duty

equal to the amount by which the FMV of the merchandise exceeds the USP

of the merchandise (section 751(a)(2)(B) of the Act). We stated that

both FAG's methodology and our methodology in AFBs II meet this

standard, since both methods compute the difference between FMV and USP

and use that difference as the basis for assessment.

The CIT agreed with our May 30, 1995 remand redetermination,

stating that ``[a] comparison of FAG's and Commerce's assessment

approaches satisfactorily convinces the Court that Commerce's

methodology is the more accurate in spite of the fact that Commerce was

aware of FAG's data on the record pertaining to total sales and actual

entered values.'' FAG I at 9.

Like FAG's method, NSK's method in this review simply uses the

difference to compute an amount of duties due for sales made during the

POR, while the Department's method uses the difference between FMV and

USP to compute an amount of duties due on entries made during the POR.

Similarly, like FAG's methodology in AFBs II, NSK's method assumes that

the amount of dumping found in the sample pool is representative of the

amount of dumping on POR sales, whereas the Department's method assumes

the rate of dumping found in the same pool is representative of the

rate of dumping found on POR entries as a whole.

In addition, there is some danger that a change to NSK's

methodology from the methodology we used in previous reviews (i.e., the

92/93 review period and the 93/94 review period) will result in

estimating duties on a pool of entries twice. If our methodology

estimates the amount of duties due on entries made during the POR and

NSK's methodology estimates the amount of duties due on sales during

the POR, switching methodologies between two POR's will result in

estimating the duties due on merchandise entered during the first

period and sold during the second period in both periods. In fact, such

an inconsistency in assessment-rate methodologies would also occur when

entries are subject to liquidation without administrative review. NSK's

methodology is inconsistent with the assessment methodology we use for

automatic assessment because, when we automatically liquidate, we

assess duties based on the cash deposit rate at the time of entry. The

cash deposit rate is a ``relative'' dumping rate, i.e., it reflects the

weighted-average margin of dumping which we have calculated using the

value of sales rather than the value of entries made during the POR,

which is similar to our assessment-rate methodology.

Because our methodology is reasonable and the CIT has upheld it

(see FAG I), we have not changed our assessment-rate methodology for

these final results.

2. Best Information Available

Section 776(b) of the Tariff Act provides that, in making a final

determination in an administrative review, if the Department ``is

unable to verify the accuracy of the information submitted, it shall

use the best information available to it as the basis for its action *

* *'' In addition, section 776(c) of the Tariff Act requires the

Department to use BIA ``whenever a party or any other person refuses or

is unable to produce information requested in a timely manner or in the

form required, or otherwise significantly impedes an investigation * *

*.

In deciding what to use as BIA, section 353.37(b) of our

regulations provides that we may take into account whether a party

refuses to provide information. For purposes of these reviews and in

accordance with our practice we have used the more adverse BIA--

generally the highest rate for any company for the same class or kind

of merchandise from the same country from this or any prior segment of

the proceeding, including the less-than-fair-value (LTFV)

investigation--whenever a company refused to cooperate with the

Department or otherwise significantly impeded the proceeding. When a

company substantially cooperated with our requests for information, but

we were unable to verify information it provided or it failed to

provide all information requested in a timely manner or in the form

requested, we used as BIA the higher or (1) the highest rate (including

the ``all others'' rate) ever applicable to the firm for the same class

or kind of merchandise from the same country from either the LTFV

investigation or a prior administrative review; or (2) the highest

calculated rate in this review for any firm for the same class or kind

of merchandise from the same country (see AFBs III at 39739 (July 26,

1993), and Empresa Nacional Siderurgica v. United States, Slip Op. 95-

33 (CIT March 6, 1995)).

Comment 1: INA contends that the Department's application of

second-tier BIA in the preliminary results, based on the results of a

three-day verification at

[[Page 66480]]

INA's U.S. affiliate (INA-USA), is unduly punitive. INA alleges that

the problems experienced at verification were due to its brevity and to

the overlapping demands of preparing supplemental questionnaire

responses while preparing for verification in the two weeks prior to

the verification, and not due to deficient data per se. INA notes that

the Department issued a large supplemental questionnaire for sections

A-C on January 10, 1995, and scheduled the U.S. verification for

January 23 through January 25, 1995. INA suggests that, given this

schedule, the Department's decision to limit the verification to three

days, as opposed to five, adversely affected the company (noting that

the U.S. verification in the previous (92/93) review lasted five days

and that all five days were needed to complete that verification). INA

argues that the verification report suggests that the unresolved issues

were due to a lack of sufficient time to complete verification and,

while the report implies that INA was responsible due to ``periods of

inactivity'' while company officials searched for requested materials,

such periods of inactivity do not take into account the time problems

inherent in a three-day verification.

INA states that it provided supporting documents for certain items

that the verification report nonetheless treated as unverified, as

follows: (1) A reconciliation of certain adjustments necessary to tie

sales data in the company's sales journal to the financial statements

(INA claims it provided this reconciliation but the Department did not

review it due to time constraints); (2) a reconciliation of a monthly

sales amount, as listed in the general ledger, with the financial

statements (INA claims it provided this reconciliation after an initial

error but the Department took as an exhibit the initial and incorrect

reconciliation); and (3) a reconciliation of the gross monthly sales

figures in the transaction register with those in the sales journal

(INA claims that the Department misunderstood this reconciliation,

mistakenly attributing certain sales figures in a summary worksheet to

the transaction register instead of the sales journal). INA suggests

the means by which the Department could establish the accuracy of items

(2) and (3), above, from information already on the record.

In addition, INA provides explanations for other items that the

report states remained open at the end of verification, as follows: (1)

An invoice sequence the Department conducted to establish the

completeness of the invoices for certain POR months (INA claims that

company officials realized during verification that its invoices were

not numbered in a strictly chronological sequence but this could not be

taken into account in the invoice-sequence test due to time

constraints); (2) certain price adjustments, including packing material

and labor, inventory carrying costs, technical services/warranties,

guarantees and servicing, and commissions (INA claims that supporting

documentation for each adjustment was available at the verification

site but was not examined due to time constraints); (3) an information

request for employee expense vouchers (INA claims that this request was

made after the close of business on the last day of verification and

that the employee with access to such vouchers was not available); and

(4) a missing U.S. sale found at verification (INA claims that this was

due to a clerical computer error, which INA later discovered caused the

omission of over 300 sales from the U.S. database, as well as the

absence of HM sales, CV, and COP data for 35 products involved in the

missing U.S. sales; INA requests that it be allowed to submit

information to correct this error (see Comment 6, below).

Finally, INA addresses certain verification items that the company

states were not elements of the Department's decision to apply BIA to

the company, but which were still noted in the verification report, as

follows: (1) Swap agreements that were not included in the reported

credit expense (INA argues that such agreements are not relevant to the

cost of credit); (2) magazine publishing expenses that were not

included in the reported advertising expense (INA claims that this

magazine is published for company employees only); (3) ocean freight

and brokerage and handling discrepancies (INA claims that they are

negligible); and (4) ``PPAP'' revenues as an offset to indirect

expenses (INA claims that this is consistent with generally accepted

accounting principles (GAAP)).

INA suggests that the verification problems the company experienced

are directly related to the time constraints of a three-day

verification, which, given the size and complexity of INA-USA's sales

and accounting records, is not a sufficient time in which to complete

this verification. INA notes that INA-USA is a major U.S. producer of

AFBs, and its sales of purchased bearings, including subject

merchandise, account for only a small percentage of its total sales;

its accounting system and underlying documentation are more complex,

therefore, than those of a related-party importer that is not primarily

a bearing manufacturer. INA states that, given these facts, INA's

failure to complete verification in three days (along with an

inadvertent database error on the U.S. sales listing) does not warrant

the application of a BIA rate that could cost the company millions of

dollars of additional antidumping duties.

Torrington responds that the Department properly applied second-

tier BIA to INA's questionnaire response due to INA-USA's failures at

verification. Torrington cites to the Department's May 24, 1995

memorandum concerning the application of BIA to INA and contends that

the Department should reject INA's attempt to blame the Department for

failing to allot sufficient time for verification for the following

reasons: (1) Much of the time at verification was spent conducting

routine tests; (2) U.S. sales verifications normally require only three

days; (3) according to the report, INA officials were absent from the

verification site for long periods of time; and (4) INA should be

familiar with routine verification procedures, since this is the fifth

annual review. Torrington notes that respondents, not the Department,

carry the responsibility of demonstrating the reliability of reported

information.

Torrington suggests that BIA is particularly warranted in this case

due to the verification finding that INA had omitted certain U.S.

sales, along with an undisclosed number of HM sales. Torrington states

that, if a single alleged programming error resulted in hundreds of

unreported sales, it is a fair concern that the program contains other

equally consequential errors.

Department's Position: We disagree with INA and have assigned a

cooperative (second-tier) BIA rate to the company for these final

results. As noted above, under section 776(b) of the Tariff Act, if we

are ``unable to verify the accuracy of the information submitted,'' we

are authorized to use BIA. In addition, section 776(c) of the Tariff

Act requires that we use BIA ``whenever a party or any other person

refuses or is unable to produce information requested in a timely

manner and in the form required, or otherwise significantly impedes an

investigation.'' When a company has substantially cooperated with our

requests for information and, to some extent, at verification, but we

were unable to verify the information it provided or it failed to

provide complete or accurate information, we assign that company

second-tier BIA. See Allied Signal versus United States, 996 F.2d 1195

(CAFC 1993) (concluding that the Department's two-tiered BIA

[[Page 66481]]

methodology, under which cooperating companies are assigned the lower,

``second tier'' BIA rate, is reasonable).

INA cooperated with our requests for information and agreed to

undergo verification. However, despite our attempts, we were unable to

verify the completeness of its response. First, because we were unable

to verify INA's total U.S. sales of the subject merchandise, we were

unable to establish the proper universe of sales within which we would

conduct our analysis. Establishing the completeness of the response

with respect to sales of the subject merchandise in the United States

is a very significant element of verification. However, as a result of

verification, INA subsequently acknowledged that it had omitted over

300 sales from its U.S. database along with the corresponding HM sales,

CV, and COP data for 35 products involved in the missing U.S. sales.

The completeness of the U.S. sales database is essential because it is

used to calculate the dumping duties. It is our practice to examine at

verification only a randomly selected subset of the reported U.S.

sales, a practice that the CIT has upheld. See Bomont Industries versus

United States, 733 F.Supp. 1507, 1508 (CIT 1990) (``verification is

like an audit, the purpose of which is to test information provided by

a party for accuracy and completeness. Normally an audit entails

selective examination rather than testing of an entire universe.'');

see also Monsanto Co. versus United States, 698 F. Supp. 275, 281 (CIT

1988) (``verification is a spot check and is not intended to be an

exhaustive examination of the respondent's business''). Where the

Department finds discrepancies in this subset, it must judge the effect

on the unexamined portion of the response. In the instant case, ESP

sales are reported on a limited, sampled basis due to the large number

of transactions. Where we have allowed for reduced reporting but

determine that U.S. sales are missing from the database submitted as

the complete sampled sales listing, we must be especially concerned

about the reliability and accuracy of any margin we might calculate

from the database. An omission of this magnitude, by itself, renders

the remainder of INA's response inadequate for the purpose of

calculating a dumping margin in this review. See Persico Pizzamiglio,

S.A. v. United States, Slip Op. 94-61 (Persico) (upholding the

Department's use of BIA for a respondent who was unable to demonstrate

the completeness of its U.S. sales at verification). See also Comment

3, below, regarding INA's request to submit data concerning these sales

for the record.

Second, among a number of other problems in establishing the

completeness of the reported U.S. sales, we were unable to verify that

INA's transaction register (a register allegedly used to record all

sales during the POR) was a complete list of all sales. Specifically,

we were unable to tie this document to either the financial statements

or to the reported sales. See INA USA Verification Report at 3-5. This

inconsistency raises serious concerns regarding the completeness of

INA's reporting because the company, both at verification and in its

brief (at 9), identified the transaction register as the basis for the

sales reported in INA's response. See Memorandum from Office Director

to DAS, Compliance: Antifriction Bearings from Germany; Use of Best

Information Available for the Preliminary Results of the Fifth

Administrative Review (May 24, 1995) (BIA memo). INA contends that the

failure to establish the reliability of the transaction register was

due to the Department's mistaken belief that a ``bridge'' worksheet was

based on the transaction register (INA claims the worksheet was based

instead on INA's sales journal). The verification report clearly

indicates, however, that INA officials told the Department that the

worksheet was based on the transaction register (``the monthly gross

sales figures were claimed to be taken from INA's transaction register,

which is a composite of all sales of subject and non-subject

merchandise made during the POR.'' INA USA Verification Report at 3).

INA's post-hoc explanations for other significant verification

failures with respect to establishing the completeness of its reporting

are similarly unconvincing. For instance, the Department attempted to

establish the completeness of INA's reporting by examining INA's POR

invoices, which the company stated initially were maintained in

chronological sequence. However, as INA acknowledges, company officials

did not discover until the last day of verification that INA's invoices

were not numbered on a chronological basis, but instead were

sequentially numbered by warehouse. As the Department stated in the BIA

memo, by the time this discovery was made, there was insufficient time

to establish the completeness of the reported total volume of sales

using these invoices.

For these reasons, we were unable to verify that INA reported all

U.S. sales of subject merchandise. Moreover, we could not verify the

volume of U.S. sales that may have been unreported. The completeness of

the U.S. sales response is a significant element of verification.

Further, in the instant case, ESP sales are reported on a limited,

sampled basis due to the large number of transactions. Where we have

allowed for reduced reporting but determine that U.S. sales are missing

from the database submitted as the complete sampled sales listing, we

must be especially concerned about the reliability and accuracy of any

margin we might calculate from the database.

In accordance with section 776(b) of the Tariff Act, our inability

to verify INA's U.S. sales listing was the determining factor in our

decision to apply BIA to the company's response. With respect to the

other items INA characterized as unresolved due to time constraints, we

note that, regardless of the resolution of these issues, we would not

be able to use INA's response in calculating the dumping margin, given

that we could not verify INA's U.S. sales listing. Further, it is

incumbent upon the respondent to establish the accuracy of the

information it submits during the time period allotted for

verification. As we stated in Final Determination of Sales at Less Than

Fair Value: Photo Albums and Filler Pages from Korea, 50 FR 43754, at

43755-56 (October 29, 1985), ``[i]t is the obligation of respondents to

provide an accurate and complete response prior to verification so that

the Department may have the opportunity to fully analyze the

information and other parties are able to review and comment on it. The

purpose of verification is to establish the accuracy of a response

rather than to reconstruct the information to fit the requirements of

the Department.'' The time allotted for this verification, three days,

is the normal time for which we schedule U.S. sales verifications,

despite the size or complexity of respondents' business operations and

records. This is the normal time period granted for such verifications

and was the time period given for ESP verification of other respondents

in this review. Further, as indicated by the CIT, ``[t]here is no

statutory mandate as to how long the process of verification must

last,'' and the Department ``is afforded discretion when conducting a

verification pursuant to 19 U.S.C. 1677e(b).'' Persico at 19 (holding

that a three-day overseas verification was reasonable). Notably, the

Department conducted six other ESP verifications for this review

period, all of which were completed in three days, the same amount of

time given to INA-USA.

Thus, in accordance with section 776(b) of the Act, we are relying

on

[[Page 66482]]

cooperative BIA to determine INA's antidumping margin for each class or

kind in these reviews.

Comment 2: INA proposes that, instead of applying BIA, the

Department should use its discretion to conduct a supplemental

verification. INA contends that the Department has the authority to

conduct an additional verification and cites to several cases in which

the Department has conducted such verifications (Cyanuric Acid and Its

Chlorinated Derivatives from Japan, 51 FR 45495, 45496 (December 19,

1986); Cell Site Transceivers from Japan, 49 FR 43080, 43084 (October

26, 1984); High Power Microwave Amplifiers and Components Thereof from

Japan, 47 FR 22134 (May 21, 1982); Fireplace Mesh Panels from Taiwan,

47 FR 15393, 15395 (April 9, 1982)). INA states that the Department

examines the necessity of conducting supplemental verifications on a

case-by-case basis, thereby underscoring the discretionary nature of

this decision.

INA notes that there are four reasons why the Department may not

wish to conduct a supplemental verification: inconvenience, cost,

schedule, and precedent. INA argues that none of these reasons

justifies a refusal to conduct an additional verification in this case.

INA contends that the magnitude of the potential penalty in this case

outweighs the inconvenience and cost aspects, that a supplemental

verification would not have an adverse impact on the Department's

schedule in the fifth reviews, and that the case-specific nature of

this decision should alleviate any concern over establishing a

burdensome precedent.

INA states that, considering the above facts, the failure to

conduct a supplemental verification, while applying total BIA, would

constitute an abuse of discretion. INA cites NTN I for the general

proposition that the dumping law is remedial, not punitive. INA notes

that the CAFC has held that the Department's refusal to accept the

correction of clerical errors after the deadline for submitting factual

information was an abuse of discretion when, inter alia, failure to do

so ``resulted in the imposition of many millions of dollars in duties

not justified under the statute,'' citing NTN I at 1208.

Department's Position: We disagree with INA. The facts of this case

do not justify taking the extraordinary step of conducting an

additional verification. Although we have, in an extremely limited

number of cases, conducted a supplemental verification, it is not our

policy to permit re-verification of data. See Sodium Nitrate from

Chile: Final Results of Review, 52 FR 25897 (July 9, 1987).

Conducting a second verification after a company fails its first

verification would be an extraordinary action. To do so would signal

respondents that a failed verification can be overcome, which would

undermine both our ability to obtain complete and accurate information

from respondents in time to conduct proper verifications and to

complete reviews in a timely manner. As we have indicated on the record

in this case, a second verification would cease to be an opportunity to

check the accuracy of a response and would become merely an exercise in

identifying areas in which a response could be improved. See Memorandum

from DAS, Import Administration to Assistant Secretary, Import

Administration: INA Request to Submit New Information (July 29, 1995)

(INA Memorandum).

The most recent of the cases that INA cites occurred in 1986.

Further, in each of the cases cited, re-verification was conducted

pursuant to requests for additional information requested by the

Department, or due to a particular emergency that arose in the case. In

contrast, INA's request is based primarily on the general time

constraints imposed by a three-day ESP verification. As noted in our

response to Comment 1, this is the normal time period granted for such

verifications and was the time period given for ESP verification of

other respondents in this review. Further, as indicated by the CIT,

``[t]here is no statutory mandate as to how long the process of

verification must last,'' and the Department ``is afforded discretion

when conducting a verification pursuant to 19 U.S.C. 1677e(b).''

Persico at 19 (holding that a three-day overseas verification was

reasonable). Accordingly, we have declined to conduct a supplemental

verification.

Comment 3: INA requests that it be permitted to submit new

information that would correct a programming error discovered at

verification. INA states that this error resulted in the omission of

over 300 U.S. sales as well as the HM sales, CV, and COP data

corresponding to such sales.

INA notes that, pursuant to Sec. 353.31(a) of the Department's

regulations, the Department has accepted corrections of clerical errors

after verification if the existence of the error and the accuracy of

the correction could be determined from the existing administrative

record (citing AFBs III at 39780). INA contends that, although this is

not the case for the data in question, the CAFC held in NTN III that

the Department's refusal to waive the deadlines established in

Sec. 353.31(a) to permit correction of clerical errors that were not

apparent from the record constituted an abuse of discretion (at 1207).

In light of this decision, INA requests that the Department accept

correction of the error found at verification. (INA notes that it

previously made this request in a letter to the Department dated

January 26, 1996.)

Torrington objects to INA's request that it be allowed to submit

additional information regarding these missing transactions, stating

that NTN III should be limited to its facts and must not be allowed to

subvert the traditional role played by antidumping verifications.

Torrington contends that INA's error is not a clerical error and is far

more sweeping than that involved in NTN III.

Department's Position: We disagree with INA's position that the

omittance of over 300 U.S. sales as well as the HM sales, CV, and COP

data corresponding to such sales constitutes a clerical error, and we

have not accepted any post-verification submissions regarding these

sales for these final results. As indicated in our response to Comment

1, INA's alleged ``clerical error'' is more appropriately described as

a verification failure.

There are several important distinctions between NTN III and the

present case (see INA Memorandum). First, there is a difference in

breadth and significance of the error. INA's process and strategy for

identifying sales of subject merchandise was flawed; it failed to

recognize its own product designations for subject merchandise and

devise appropriate means to collect and report all sales. As a result,

INA failed to report a significant number of U.S. sales, which, to

correct, would require a substantial and fundamental addition to its

questionnaire response. INA did not simply misreport a small amount of

data requiring a simple correction as occurred in NTN III. The court in

NTN III at 1208 specifically noted that correction of the errors in

that case ``would neither have required beginning anew nor have delayed

making the final determination'' and that ``a straightforward

mathematical adjustment was all that was required.'' See NTN III at

1208. In this case, correction of INA's alleged error would require

collection of substantial amounts of new information and significant

additional time and effort to analyze and examine the new information,

as well as additional time to allow the petitioner to comment on the

new information.

[[Page 66483]]

Second, in NTN III the court found that the respondent was first

alerted to the probability of error upon examination of the preliminary

results at 1207. Here, INA was made aware of a problem with its

questionnaire response when we found a missing sale at verification,

well before the preliminary results were issued. INA was unable to

explain the missing sale at verification or to correct its error at

that time. Indeed, INA did not attempt to correct the alleged error

until a year after the verification at which the error was uncovered.

Further, the error affected an area (total volume and value of sales)

that is always a primary focus of verification. The nature of this

error is not such that it could only be discovered after the

preliminary results of review as was the case in NTN III. Thus, INA's

alleged ``clerical error'' is more appropriately described as a

verification failure.

Third, there is no assurance that any new sales information INA

might submit would be complete and accurate.2 The information INA

seeks to submit purports to cover all missing sales. Unlike the

information in NTN III which could be verified by comparison with a few

supporting documents, the accuracy of INA's new information could only

be assessed through an entirely new verification which, for the reasons

we stated in response to Comment 2, above, is inappropriate in this

situation.

---------------------------------------------------------------------------

\2\ In NTN III, the CAFC noted that NTN had been cooperative

throughout the proceeding, and the Department did not verify NTN's

U.S. sales. Thus, the court indicated that the Department appeared

to lack any basis for questioning the accuracy of NTN's correction

and, moreover, the argument was raised post hoc by counsel, rather

than by the Department as a basis for rejecting the information.

Conversely, given the verification results in the present case, we

have substantial reasons for questioning the accuracy of any

corrections made by INA. See NTN III at 1204.

---------------------------------------------------------------------------

In the context of a review in which INA's response has already

failed verification, we would have little confidence in the

completeness and accuracy of any new ``corrective'' information INA

might submit because we would have no assurance that the particular

error INA found was the only such error leading to omissions of sales,

that any additional sales that INA might report would account for all

of the missing sales, or that the new sales information would be

accurate (i.e., that the errors identified at verification have been

completely remedied). Therefore, we have not accepted a revised

response from INA.

Comment 4: Torrington contends that, although the Department

correctly applied second-tier BIA to INA's questionnaire response, it

did not use the correct second-tier rates. Torrington suggests that the

correct preliminary cooperative BIA rates are 38.18 percent and 52.43

percent for BBs and CRBs, respectively, as opposed to the rates of 31

and 52 percent which the Department preliminarily assigned to INA.

INA responds that the CRB rate suggested by Torrington is a ``no

shipment'' rate that the Department correctly disregarded in

establishing the cooperative BIA rate. With respect to the BB rate, INA

contends that the Department appropriately used its discretion not to

use the highest calculated rate for this review, using instead INA's

highest previous rate.

Department's Position: For these final results, and in accordance

with our policy regarding the derivation of the second-tier BIA rate,

we are applying a rate to INA's sales based on the higher of (1) the

highest rate (including the ``all others'' rate) ever applicable to the

firm for the same class or kind of merchandise from the same country

from either the LTFV investigation or a prior administrative review; or

(2) the highest calculated rate in this review for any firm for the

same class or kind of merchandise from the same country. Accordingly,

we have applied the second-tier BIA rates of 31.29 percent for BBs and

52.43 percent for CRBs.

Comment 5: NPBS asserts that a re-verification of its response is

necessary to correct findings included in the verification report which

influenced the Department's application of BIA to NPBS' sales. First of

all, NPBS argues that the absence of an interpreter at verification

prevented the firm from demonstrating the accuracy and reliability of

its response. NPBS notes that it is a family-owned business and that no

one at the firm understands English well enough to respond to the

intensely nuanced information requests routinely made at verification.

Second, NPBS argues that it was prevented from responding to

verification report findings because the report did not identify or

document specific sale transactions, and because documents taken at

verification were destroyed. NPBS states that, as a result, it cannot

address the following findings in the Department's verification report:

(1) NPBS failed to explain why certain sales of NPBM-manufactured

merchandise had been excluded from its response; (2) NPBS failed to

report three HM sales out of * * * which were originally priced at

zero, but were subsequently adjusted upwards after negotiation with the

customer; (3) NPBS failed to report properly quantity adjustments for

one out of seven selected HM sales; and (4) NPBS failed to justify the

exclusion of sales of certain HM models which the firm initially

claimed did not match the families sold in the United States.

Third, NPBS argues that the verification report states crucial

facts incorrectly regarding whether the prices reported by NPBS to its

largest HM customer were the final and actual prices paid by that

customer. NPBS asserts that a statement in the verification report that

the sales price which NPBS reported for sales to this customer is not

the final price paid is simply false. Finally, NPBS argues that the

Department should accept a printout of sales to this particular company

which NPBS omitted from the original response due to a clerical error

but which it submitted to the Department's representatives at the start

of verification. NPBS claims that, because it submitted the information

to the Department within 180 days of initiation, under 19 CFR 353.31

(a)(1)(ii), the Department should determine that it is timely.

Torrington responds that the Department's application of BIA was

fully warranted by the numerous omissions and errors in NPBS' response.

Torrington argues that the Department is statutorily required to use

BIA in cases where it is unable to verify the accuracy of the

information submitted. Torrington asserts that, as a whole, the number

and significance of NPBS' errors and omissions constitute a failed

verification, noting that the most serious of NPBS deficiencies was the

inability to verify the completeness of the HM and U.S. sales

databases. Torrington asserts that the complete and accurate reporting

of sales databases goes to the heart of the antidumping proceeding and

references AFBs II at 28379, where the Department applied BIA to NPBS

because NPBS failed to report a substantial number of its HM sales.

With respect to NPBS' argument that it was hampered by the lack of

an interpreter, Torrington suggests that NPBS' complaint is without

merit since the Department notified NPBS that it was unable to retain

an interpreter prior to verification. Torrington contends, moreover,

that NPBS is not unfamiliar with the review process and has undergone

verification on five previous occasions. To the extent that an

interpreter was essential, Torrington maintains it was incumbent on

NPBS to arrange for one.

With respect to NPBS' argument that it was unable to demonstrate

the accuracy of its response because the Department destroyed certain

documents, Torrington states that it

[[Page 66484]]

cannot meaningfully comment since it did not attend either the

verification or disclosure. Torrington notes however that, even if

NPBS' assertion that the final price for certain omitted sales was

correctly reported is true, NPBS' failure to explain its response

adequately at verification cannot be corrected at the case-brief stage

of the proceeding. Moreover, Torrington asserts, the Department did not

apply BIA because NPBS omitted these sales from its response. Rather,

Torrington contends, the Department found discrepancies in the

reporting of these sales. Torrington summarizes that, because NPBS

failed to support its HM and U.S. responses, the Department correctly

applied second-tier BIA.

Department's Position: We disagree with NPBS. The number and degree

of discrepancies in both the HM and U.S. verifications render NPBS'

response unusable for our margin calculations. Therefore, for these

final results, we have applied a second-tier BIA rate for NPBS.

First, NPBS does not dispute the results of the U.S. verification,

at which the verification team found, among other discrepancies,

missing U.S. sales. The completeness of the U.S. sales database is

essential because it is used to calculate the dumping duties. It is our

practice to examine at verification only a randomly selected subset of

the reported U.S. sales, a practice that the CIT has upheld. See Bomont

Industries v. United States, 733 F.Supp. 1507, 1508 (CIT 1990)

(``[v]erification is like an audit, the purpose of which is to test

information provided by a party for accuracy and completeness. Normally

an audit entails selective examination rather than testing of an entire

universe.''); see also Monsanto Co. v. United States, 698 F. Supp. 275,

281 (CIT 1988) (``[v]erification is a spot check and is not intended to

be an exhaustive examination of the respondent's business''). Where the

verification team finds discrepancies in the subset of information it

examines, it must judge the effect on the unexamined portion of the

response. In the instant case, ESP sales are reported on a limited,

sampled basis due to the large number of transactions. Where we have

allowed for reduced reporting but determine that U.S. sales are missing

from the database submitted as the complete sampled sales listing, we

must be especially concerned about the reliability and accuracy of any

margin we might calculate from the database.

In addition to the omissions and discrepancies we found at the U.S.

verification, the omission of a large number of HM sales affected our

decision to assign NPBS a margin based on BIA. Notwithstanding the

magnitude of the omitted HM sales, we attempted to verify these sales.

However, the pool of sales that NPBS attempted to place on the record

was not accurate. At verification, the Department's officials

discovered that the sales price for some of these sales was later

adjusted after negotiation with this particular customer. Moreover,

company officials acknowledged that the final sales price for an

unknown number of sales to this particular customer did not take into

account these price adjustments. NPBS was unable to provide the final

sales price, after adjustment, and instead, it provided a list of the

gross monthly adjustments. Because these omitted sales were not

verifiable, we did not accept them voluntarily into the record. After

the verification had concluded NPBS submitted, on December 19, 1994, a

listing of the omitted sales, stating that, under 19 CFR

353.31(a)(1)(ii), December 19, 1994 was the 180th day on which to

submit factual information voluntarily. This submission occurred after

verification was completed, however, and we had already found the sales

information to be inaccurate.

Regarding the four verification-report findings to which, NPBS

claims, it cannot respond, the verification exhibits do not contain

evidence documenting the discrepancies revealed at verification. We

note, however, that NPBS is not disputing that these discrepancies

exist. Rather, NPBS is complaining that it cannot explain the

discrepancies because the verification report did not indicate the

particular sales or models connected to the discrepancies. By raising

this issue only now, in its case brief, NPBS is attempting to

demonstrate the accuracy of its response. We agree with Torrington that

the case brief is not the appropriate forum for NPBS to demonstrate the

accuracy of its response. As indicated in the HM verification report,

NPBS did not demonstrate that its response was accurate within the

scheduled verification time. The Department took an extraordinary step

by rescheduling another firm's verification to allow NPBS an extra day

of verification. Thus, NPBS had the opportunity to explain its response

at the verification. At some point, the Department must close the

record and make a determination based on the information available to

it. Moreover, these particular discrepancies were not the primary

factors in our decision to apply BIA to NPBS.

Finally, the lack of an interpreter did not prevent NPBS from

demonstrating the accuracy of its response. The Department was not

required to provide an interpreter and nothing precluded NPBS from

supplying one itself. Furthermore, the Department informed NPBS before

the start of verification that an interpreter would not be present, and

company officials and the Department's verification team agreed that

the verification would proceed without an interpreter. The parties also

agreed, however, that, if during the course of the verification a

problem arose with regard to the ability to interpret an oral answer or

translate a document, a service would be contacted. In fact, the

company official who led the U.S. verification and co-led the HM

verification spoke excellent English and there was no need to seek

additional assistance.

Comment 6: Asahi disagrees with the Department's decision to apply

first-tier BIA on the basis that the company failed to provide complete

information on its sales of SPBs. Asahi notes that it only sold a small

quantity of SPBs to the United States and claims that the per-bearing

price was high enough to preclude any possibility of dumping. Asahi

argues that the sale of SPBs to the United States was outside its

normal course of business and was akin to a sample sale that occurred

on a one-time basis. Asahi further argues that it is commercially

unreasonable for the Department to require a complete submission for

such a small quantity of sales when the company has already compiled

the required information with regard to its normal commercial line

(BBs). Asahi suggests that, instead of assigning first-tier BIA to

SPBs, the Department apply the rate it applies to BBs, since BBs are

the class or kind of merchandise that Asahi usually sells to the United

States. Alternatively, Asahi requests that the Department either treat

the company as a no-shipper with respect to SPBs, since it only sold a

small quantity of this merchandise to the United States, or assign a

cooperative BIA rate to SPBs, since it provided complete information on

sales of BBs.

Department's Position: We disagree with Asahi that the application

of first-tier BIA was inappropriate. Section 776(c) of the Tariff Act

requires the Department to use BIA ``whenever a party or any other

person refuses or is unable to produce information requested in a

timely manner and in the form required.* * *'' With respect to SPBs,

Asahi only provided invoices in response to the Department's

questionnaire. The data contained on these invoices does not

approximate the transaction-specific price and cost data requested by

the questionnaire. As a

[[Page 66485]]

result, we do not have the information necessary for calculating a

margin on SPBs. Because Asahi failed to produce the information the

Department requested on SPBs, we have assigned first-tier BIA to this

class or kind of merchandise.

Asahi's suggestion that we assign the same rate to SPBs as that

assigned to its sales of BBs is contrary to the Department's practice

for establishing BIA rates. As stated above, whenever a company refused

to cooperate with the Department or otherwise significantly impeded the

proceeding, ``we have used the more adverse BIA--generally the highest

rate for any company for the same class or kind of merchandise * * *.''

BBs is a separate class or kind of merchandise from SPBs and

constitutes a separate antidumping duty order. Thus, the rate

calculated for Asahi's sales of BBs is irrelevant to our review of the

antidumping duty order on SPBs.

Comment 7: SNR Germany claims that the Department erroneously

applied BIA to sales that it could not match to CV. SNR Germany states

that it provided in its questionnaire response the complete CV for each

model sold in the United States but that, because the Department

erroneously renamed PRODCDE to USMODEL, the computer program could not

match the U.S. sales product codes (PRODCDE) with SNR's corresponding

CV information.

Department's Position: We agree with SNR Germany that we made a

mistake in renaming PRODCDE to USMODEL in our preliminary results. For

these final results, we have used the variable PRODCDE in our computer

program.

Comment 8: AVIAC states that it erroneously entered the letter

``O'' rather than the correct digit ``zero'' for several product codes

in its U.S. data set while entering the codes in its CV data set. AVIAC

contends that, due to this error, the Department was not able to match

the CV with the product code, resulting in the application of BIA to

those products. AVIAC requests that the Department correct the codes so

that proper matches will occur.

Department's Position: We find that AVIAC's description of its data

input errors is accurate and have corrected this error for the final

results. As a result, all the products matched their corresponding CVs,

and we did not apply BIA in these final results to AVIAC.

3. Circumstance-of-Sale Adjustments

3A. Technical Services and Warranty Expenses

Comment 1: NSK/RHP argues that the Department should treat

technical services associated with ESP transactions as indirect selling

expenses (ISEs) as opposed to direct expenses. NSK/RHP asserts that it

informed the Department that RHP (U.S.) did not provide technical

services in the United States during the review period. NSK/RHP states

that the United Kingdom divisions, RHP Industrial and RHP Precision,

supplied all technical services for ESP sales. NSK/RHP further argues

that the evidence of record conclusively demonstrates that technical

service expenses incurred in the United Kingdom were a fixed expense

not directly associated with particular transactions. NSK/RHP asserts

that the Department verified that expenses for technical services by

the United Kingdom divisions qualified as ISEs.

Torrington argues that the Department should continue to classify

NSK/RHP's U.S. technical services as direct rather than indirect

expenses. Torrington asserts that NSK/RHP has not sufficiently

demonstrated that the technical service expenses are truly indirect.

Further, Torrington contends that the HM verification report does not

refer to technical services in either general terms or specifically

with respect to the technical service expenses incurred in the HM on

behalf of U.S. sales.

Department's Position: We agree with NSK/RHP. In its August 31,

1994, questionnaire response, NSK/RHP noted that it did not incur

direct technical expenses in the U.S. market. During verification, we

examined NSK/RHP's methodology for calculating such expenses and found

that these costs were not tied to particular transactions. Rather, NSK/

RHP allocated these costs across the total sales for two divisions

(Industrial Bearings Division and Precision Division). See Exhibit 14

of NSK/RHP's August 31, 1994, questionnaire response. Therefore, we

have determined that NSK/RHP has properly demonstrated that technical

expenses should be considered as an ISE, and we have deducted technical

expenses associated with ESP transactions as such.

Comment 2: Torrington argues that the Department incorrectly

classified Koyo's HM warranty expenses as direct expenses. Torrington

contends that Koyo's warranty-expense factor includes both scope and

non-scope merchandise and, consistent with the CAFC's decision in

Torrington V, the Department cannot adjust FMV for expenses incurred on

scope and non-scope merchandise. Torrington maintains that, at best,

these expenses should be considered ISEs.

Koyo states that its methodology for reporting its warranty

expenses in this review is the same as that it used in a number of

previous reviews of the orders on AFBs and tapered roller bearings

(TRBs). Koyo further states that the Department has verified and

accepted Koyo's methodology in previous reviews and has never

challenged Koyo's treatment of warranties.

Department's Position: We agree with Koyo. In general, it is not

possible to tie POR warranty expenses to POR sales, since the warranty

expenses are incurred on pre-POR sales. Further, although Koyo

calculated a warranty expense factor based on the ratio of total

warranty claims to total bearing sales, there is no evidence on the

record that the calculated warranty expense factor would vary by class

or kind of bearing or by customer. Therefore, as in AFBs IV (at 10910)

and AFBs III (at 39743), where Koyo used the same allocation

methodology, we find that Koyo reasonably allocated direct warranty

expenses, and we have accepted them for the final results.

Comment 3: Torrington argues that NSK's HM technical services

primarily support NSK's development and sales of prototypes, and

suggests that, since the Department excluded sales of prototypes from

the HM sales listing, it should also exclude the technical service

expenses provided in support of the development of these prototypes

from the expenses allocated to non-prototype sales.

NSK responds that its engineers provided technical service support

for NSK's selling activities with respect to all HM customers, not just

for those that purchased prototypes, so that no adjustment of its claim

is necessary.

Department's Position: We disagree with Torrington. Based on our

analysis of the information submitted by NSK in this review, as well as

that analyzed at verification, we agree with NSK that its engineers

provided technical support for all of its sales. This technical support

primarily consists of consultations with customers regarding bearing

requirements and applications. Because this expense was both incurred

and reported as an indirect expense (i.e., one that does not vary

directly with the quantity of merchandise sold), we have treated this

expense as an indirect selling expense.

[[Page 66486]]

Comment 4: Torrington argues that, since NSK failed to comply with

the Department's request to segregate reported U.S. technical service

expenses between direct and indirect expenses, the Department should

reclassify NSK's U.S. technical service expenses as direct expenses

rather than as ISEs.

NSK argues that it provided a complete and responsive submission to

the Department's questionnaire. NSK also contends that the Department

could not find any means by which to tie the technical service expenses

to individual sales at verification and argues, therefore, that its

U.S. technical service expense should be treated as indirect expense

for the final results.

Department's Position: We agree with Torrington. Our questionnaire

specifically requests respondents to separate fixed and variable

portions of technical service expenses because we treat fixed servicing

costs as indirect expenses and variable servicing costs as direct

expenses. Based on NSK's questionnaire response, we determine that NSK

could have separated direct and indirect technical service expenses.

NSK explained in its questionnaire response that it would need to trace

certain expenses, such as travel and travel-related expenses to

individual customer calls, manually to separate these expenses between

direct and indirect. This difficulty does not relieve it of its

responsibility, however, to provide the Department with actual expense

information. Therefore, for the final results we have applied BIA and

treated NSK's U.S. technical service expense as a direct selling

expense.

3B. Inventory Carrying Costs

Comment 1: Torrington argues that, because Koyo has not

consistently distinguished between its OEM and AM cost data for other

expense categories, the Department should reject Koyo's allocation

factors for its reported U.S. inventory carrying costs (ICCs) for OEM

and AM sales.

Koyo states that it has reported each of its expenses according to

the methodology that most closely represents the manner in which it

incurs expenses and maintains its records. Koyo argues further that its

methodologies for reporting ICCs, air freight, and technical service

expenses are the same in this review as in all recent reviews of AFBs.

Koyo contends that the Department verified its methodology closely for

calculating ICCs in this review and tied the reported data to the

inventory turnover report by product class, as well as by OEM and AM

groupings, without finding discrepancies in the calculation of the ICC

factors.

Department's Position: We agree with Koyo. We recognize that

certain expenses are incurred in different manners and recorded in

different ways. During verification we examined Koyo's methodology and

tied its data to worksheets and to inventory turnover reports by

product class as well as by either AM or OEM. Based on our findings, we

are satisfied that Koyo allocated its ICCs between OEM and AM sales

properly.

Comment 2: Torrington alleges that NTN's reported inventory

carrying turnover period for U.S.-bound merchandise is unreliable and

should be rejected in favor of its average inventory carrying turnover

period for HM sales. Torrington states that NTN has not supported a

reported difference between production-to-shipment inventory periods

for U.S. and HM sales, and that the Department should presume that

U.S.-destined goods spend an equivalent amount of time in inventory as

HM goods. NTN responds that the inventory periods for HM sales are

properly calculated for the period from production to the first sale to

an unrelated party. Respondent also states that the inventory period

for ESP sales includes the time from production to shipment to NTN's

U.S. subsidiary and the time in the subsidiary's inventory until sale

to the first unrelated customer. NTN notes that this issue has been

verified in previous reviews and has been found accurate. NTN asserts

that Torrington's demand must be rejected without evidence to rebut the

accuracy of the calculation.

Department's Position: We disagree with Torrington. Although we did

not verify this particular aspect of NTN's response, we found at both

the HM and U.S. verifications that NTN's submitted data are basically

reliable. Therefore, because the credibility of NTN's data has been

established on an overall basis, we have no reason to disregard NTN's

reported inventory period and we have used this information for these

final results.

3C. Commissions

Comment 1: NSK argues that the Department incorrectly disallowed

its HM stock transfer commission (COMMH2), which consists of a premium

paid to distributors for purchasing products from other distributors

when a specific part was not available from NSK. NSK contends that its

stock transfer commission is a promotional expense, intended to

encourage distributors to locate stock, and that this payment should be

treated as an indirect expense.

Torrington argues that the Department correctly disallowed NSK's

stock transfer commission, since NSK did not demonstrate that the

reported COMMH2 is based on commissions paid on sales of in-scope

merchandise. Torrington notes that NSK claimed that the Department

should treat its stock transfer commission as a direct selling expense

in its questionnaire response but it is now claiming it as an indirect

promotional expense, and asserts that NSK has changed its position on

the appropriate treatment of this expense to avoid the Department's

disallowance of the entire expense because NSK allocated it on the

basis of both scope and non-scope merchandise.

Department's Position: We agree with NSK. Although NSK refers to

this expense as a ``commission,'' it is evident from the record that

this expense is not related directly to sales made by NSK to its

customers and is properly treated as an indirect selling expense

adjustment. This item is a promotional expense that does not relate to

any particular sale by NSK and does not vary with the quantity of

merchandise that NSK sells. See Zenith Electronics v. United States, 77

F.3d 426, 431 (CAFC 1996).

We do not accept Torrington's argument that we should disallow this

expense because NSK did not demonstrate that the expense is based

solely on commissions paid on sales of in-scope merchandise. Just as we

would not expect a respondent to be able to establish whether a non-

product-specific advertising expense results in more sales of in-scope

or out-of-scope merchandise, there is no reasonable way to establish

the effect of this particular program on in-scope versus out-of-scope

merchandise. As this program was equally available with respect to both

kinds of merchandise, and was not associated with any particular sale,

NSK's calculation of the expense was reasonable.

3D. Credit

Comment 1: Torrington argues that SKF Italy overstated HM credit

expenses by not using net prices in its credit calculation. Torrington

argues that the Department should either instruct SKF Italy to modify

its reporting of credit expenses for HM sales accordingly or reject SKF

Italy's HM credit expenses.

SKF Italy argues that its methodology is the same as that used and

approved by the Department in each of the previous four reviews of

these AFB orders.

Department's Position: We agree with Torrington. SKF Italy

calculated U.S.

[[Page 66487]]

credit expense based on prices net of discounts but did not follow a

similar methodology for HM credit expense. Because credit calculations

should be based on SKF Italy's net prices rather than its gross prices,

we have recalculated SKF Italy's HM credit expense based on prices net

of discounts for the final results.

Comment 2: Torrington contends that SKF Italy's allocation of HM

interest revenue, which is collected for late payments from customers,

is improper because it does not account for the facts that (1) such

revenues are likely to vary depending on the time elapsed between the

due date and actual payment, and (2) SKF Italy might not always collect

interest revenue, even if an amount is due. Torrington notes that,

while SKF's reporting method for credit expenses reflects the amount of

time between invoice date and payment date correctly, its reporting

method for interest revenue does not achieve this. Torrington concludes

that the Department should either instruct SKF Italy to modify its

reporting of interest revenue for HM sales or reject SKF Italy's HM

credit expenses.

SKF Italy argues that its methodology is the same as that which the

Department used in each of the previous four reviews of these AFBs

orders. SKF Italy insists that the Department rejected a similar

argument Federal-Mogul Corp. made in the 92/93 review and further

argues that Torrington's assertion that interest revenues are likely to

vary depending on the time elapsed is hypothetical and not supported by

the record evidence pertaining to SKF Italy. SKF Italy contends that it

calculated its claimed interest revenue adjustment only on interest

revenue it received, not interest revenue due.

Department's Position: We disagree with Torrington that we should

disallow HM credit expenses due to alleged deficiencies in the

reporting of interest revenue. Although we adjusted SKF Italy's HM

credit expense (see our response to Comment 1, above), its calculation

of credit expenses was reasonable and accurate to the extent

practicable. We cannot disallow one claimed adjustment because of

claimed deficiencies in another indirectly related adjustment.

Therefore, we have used SKF Italy's claimed HM credit expense as we

have recalculated it (see our response to Comment 1, above) for the

final results.

While we agree with Torrington that, in theory, interest revenue

should be allocated in a similar manner as credit expense (in this

case, on a customer-specific basis), it is unreasonable to do

otherwise. In this case, we do not have the data on the record to

perform such a reallocation. In fact, we do not have any evidence

indicating whether such a reallocation is possible based on SKF Italy's

accounting records. Accordingly, we have allowed interest revenue as a

direct addition to FMV because it is reasonable to base interest

revenue upon the actual amount collected by SKF Italy.

3E. Indirect Selling Expenses

Comment 1: Torrington states that, because ISEs relate to all sales

and SNR France allocated HM ISEs according to LOT, the Department

should reject the reported HM ISEs for SNR France and apply an adjusted

rate to all SNR France's HM sales. Citing NTN II at 1094-95, Torrington

contends that the ISEs SNR France reported appear to be related to all

HM sales or do not vary according to LOT. Torrington states that it is

likely that SNR France's HM ISE methodology shifts expenses between

LOTs (primarily from non-distributor sales to distributor sales) and

reduces margins in the process.

SNR France argues that it has explained its ISE allocation

methodology according to LOT in its response, and the Department

verified SNR France's allocation methodology fully. SNR France claims

that many of its ISEs vary according to LOT and are incurred entirely

for one of the two HM LOTs. SNR adds that, as shown in the responses,

its ISEs vary either by employee time spent or by sales volume and

value through OEMs and distributors that it identified separately and

accounted for in its record system as maintained in the ordinary course

of trade.

With respect to the shifting of expenses from non-distributor sales

to distributor sales, SNR France states that, in fact, expenses

associated with distributors are greater than those associated with

non-distributor sales. SNR France, therefore, does not agree with

Torrington's argument that SNR France's allocation methodology shifts

expenses from one level of sales to another. SNR France states that a

large majority of the expenses that were reported for distributor sales

were incurred solely on distributor sales.

Department's Position: We agree with SNR France that it has

reported ISEs properly according to LOT. SNR France has demonstrated

that it incurs many of its expenses at a particular LOT. SNR France

also demonstrated that its records segregate ISEs on a LOT-specific

basis. In this respect, SNR France's reporting differs from the

respondent in NTN I at 1094, which was unable to demonstrate that

certain ISEs varied according to LOT. Further, as the Court noted in

NTN I, our long-established practice has been to accept a respondent's

accounting methodology as long as that methodology is reasonable and is

used in the respondent's normal course of business. Id. at 1094.

Accordingly, we have determined that SNR France's ISE-reporting

methodology is appropriate.

Comment 2: Torrington claims that SKF Sweden, France, and Italy are

each over reporting HM ISEs with respect to sales made by Steyr

Walzlager, an SKF affiliate. (Steyr is an Austrian affiliate of the SKF

Group that made POR sales of SKF bearings (after purchasing them from

the SKF companies) back to customers in Sweden, France, and Italy.)

Torrington identifies two alleged deficiencies with respect to the

reporting of HM ISEs for such sales: (1) These SKF companies did not

adequately demonstrate that their own reported HM ISEs incurred on such

sales (reported in the field INDSEL1H) are not duplicative of the

expenses that they claim for Steyr on the same sales (reported in the

field INDSEL2H); and (2) these SKF companies are improperly claiming

additional expenses on such sales (included in the field INDSEL1H) that

represent export selling expenses incurred by the SKF companies on the

initial sales to Steyr. With respect to the second point, Torrington

states that, for a similar situation in AFBs I, the Department

classified certain expenses incurred by INA in Germany as export

selling expenses even though they were incurred by a German parent

company in Germany. Torrington suggests that the Department disallow

all expenses reported in the INDSEL1H field on all Steyr sales, citing

The Timken Company v. United States, 673 F. Supp. 495, 513 (CIT 1987)

(Timken), in support of the proposition that the respondent has the

burden of supporting favorable adjustments.

These SKF companies respond that they did not report duplicative HM

ISEs on sales by Steyr. They state that, for such sales, they reported

only expenses that they incurred in selling the products to Steyr,

along with indirect expenses incurred by Steyr in selling to the

respective markets (i.e., the SKF companies did not report their own

ISEs incurred on HM sales). SKF Sweden, France and Italy state that

this methodology is consistent with their prior reporting and has been

accepted and/or verified by the Department in prior reviews.

Department's Position: We agree with SKF Sweden, France, and Italy.

In their questionnaire responses, these SKF companies stated that they

incur only

[[Page 66488]]

two types of HM ISEs with respect to Steyr sales, namely their export

selling expenses in selling to Steyr (INDSEL1H) and Steyr's ISEs

incurred on sales made in the respective home markets (INDSEL2H). In

Timken, the court stated that the Department ``acts reasonably in

placing the burden of establishing adjustments on a respondent that

seeks the adjustments and that has access to the necessary

information.'' See Timken at 513. SKF Sweden, France and Italy have met

that burden with respect to Steyr sales through the explanations

provided in their submissions and through verification. Further, it is

the Department's practice to accept the information submitted by

respondents as factual, absent verification, unless it has reason to

believe otherwise. The record demonstrates clearly that SKF Sweden

incurs only two types of ISEs with respect to sales in the HM, and

there is nothing on the record to indicate that either of these

reported expenses are duplicative.

We also disagree with Torrington's argument that, in AFBs I, we

determined that selling expenses such as those incurred in connection

with sales to Steyr are export selling expenses that should not be

reported on HM sales. In AFBs I, we found that certain expenses that

INA claimed were related to HM sales were in fact incurred on U.S.

sales. We treated the selling expenses incurred by INA on U.S. sales as

U.S. ISEs, noting that a portion of the cost of INA's export team could

be tied to sales made in the United States. Id. at 31692. In the

present case, SKF Sweden, France and Italy have demonstrated that all

reported expenses are associated with HM sales.

Comment 3: Torrington contends that the Department should reject

SKF France's and SKF Italy's calculations of separate indirect expenses

for OEM sales and AM sales in both the U.S. market and the HM.

Torrington states that the Department has rejected similar reporting by

other respondents in previous reviews (referencing the Department's

position regarding NTN's ISE allocations in AFBs III (at 39750) and

AFBs IV (at 10940)). Torrington argues that these precedents establish

that the Department recognized that ISEs are incurred on all sales and,

therefore, they should be calculated as one rate for both OEM and AM

sales.

The SKF companies claim that the calculation of two separate ISE

rates is consistent with how they incurred these expenses and with

their reporting methodology in each of the four prior administrative

reviews. SKF France adds that the Department verified this methodology

and/or accepted it in each of these previous reviews.

Department's Position: We disagree with Torrington. We have

determined that both SKF France and SKF Italy have demonstrated that

they can segregate such expenses reasonably between OEM and AM sales.

We note that SKF France and SKF Italy stated that the AM division sells

to small OEMs as well as the AM. We examined this situation and found

that the AM factor is the appropriate factor to apply to these small

OEMs. These SKF companies claimed, however, the OEM factor for these

small OEMs. Nevertheless, the application of the OEM factor, instead of

the AM factor, to such sales results in a smaller downward adjustment

to FMV and is, therefore, a conservative measure of the expenses

incurred in selling to small OEMs. For the above reasons, we have used

ISEs for SKF France and Italy as reported for these final results.

Comment 4: Torrington argues that Koyo's HM ISE claim, which the

Department accepted, included a miscellaneous category that constituted

the fifth largest category of Koyo's ISEs. Torrington maintains that

there is insufficient detail regarding this miscellaneous category to

determine whether these expenses are permissible. Torrington states

that Koyo's ISEs appear to have increased for this POR even though

total sales dropped significantly. Torrington argues that, at a

minimum, this category of miscellaneous expenses should be deducted

from Koyo's total ISEs for the final results.

Koyo maintains that the categories it used for the ISEs worksheet

in the response are the same account categories that appear in its

accounting records. Koyo notes that this is the same reporting

methodology that Koyo has used, and the Department has accepted, in all

prior reviews of the AFB orders. Finally, Koyo states that the

Department verified its reporting of ``other ISEs'' in this review and

noted in its verification report that it was able to tie all selected

items to source documents.

Department's Position: We agree with Koyo. When we verified the

various items that comprise ``other ISEs', we not only tied selected

expenses to source documents but we also examined the nature of these

items and found that they were properly included as ISEs.

Comment 5: Torrington contends that the Department should reject

certain downward adjustments to NTN's U.S. ISEs, including: (1) An

adjustment for interest expenses that NTN allegedly incurred when

borrowing to finance cash deposits of estimated antidumping duties, and

(2) an adjustment for commissions paid to a related party on certain PP

sales.

Torrington objects to NTN's reduction of its pool of U.S. ISEs by

the amount it paid in interest expenses on loans taken out to cover

cash deposits of estimated antidumping duties for entries during this

period. Petitioner notes that the Department rejected NTN's downward

adjustment to ISEs for interest paid on loans to finance cash deposits

in AFBs III and contends that the Department should reject the downward

adjustment in this review for the same reasons. Torrington also argues

that certain expenses that NTN classified as related-party U.S.

commissions appear to be directly related to PP sales to one U.S.

customer. Citing LMI-La Metalli Industriale S.p.A. v. United States,

912 F.2d 455, 459 (Fed. Cir. 1990), Torrington contends that the

Department must examine the circumstances surrounding related-party

commissions before determining that they should not be used in the

Department's analysis. Torrington concludes that the Department should

consider these expenses to be direct selling expenses in the U.S.

market and contends that, because NTN failed to report the commission

rate it paid to the related party, the Department should resort to BIA

in determining the commission amount to be deducted. Torrington claims

that these actions reflect current Department policy positions.

Department's Position: We disagree with Torrington regarding the

adjustment for interest expenses that NTN incurred when borrowing to

finance cash deposits of estimated antidumping duties, and consider it

proper to allow the downward adjustment to U.S. ISEs. NTN Bearing

Company of America (NBCA) incurred expenses on actual loans that it

sought specifically to pay antidumping duty cash deposits. As such, the

Department considers these expenses to be comparable to expenses for

legal fees related to antidumping proceedings. The expenses were

incurred only because of the existence of the antidumping duty orders

and NTN's involvement therein. Therefore, the expenses cannot be

categorized as selling expenses. It is the Department's longstanding

practice to not treat expenses related to the dumping proceedings as

selling expenses. For example, in Color Television Receivers From the

Republic of Korea; Final Results of Administrative Review of

Antidumping Duty Order, 58 FR 50336, the Department stated that such

expenses ``are not expenses incurred in

[[Page 66489]]

selling merchandise in the United States.'' The CIT recognized this

line of reasoning in Daewoo Electronics Co. v. United States, 712 F.

Supp. 931 (CIT 1989) (Daewoo), when it concluded that the

classification of such expenses as selling expenses subject to

deduction from USP ``would create artificial dumping margins and might

encourage frivolous claims . . . which would result in increased

margins.'' These expenses were incurred as part of the process

attendant to the antidumping duty orders. Had the antidumping duty

orders not existed, the expenses would not have been incurred. By their

nature, such expenses are not a selling expense, and they should not be

deducted from USP.

We clarified our position on this issue in our Results of

Redetermination Pursuant to Court Remand, Slip Op. 96-37, submitted to

the CIT on September 20, 1996. In that remand the Department was

ordered to explain its acceptance of the downward adjustment to NTN's

ISEs in AFBs III. In the redetermination we determined that the

interest expenses to finance cash deposits were not borne, directly or

indirectly by NBCA, to sell the subject merchandise in the United

States. Consequently, these expenses were not eligible to be deducted

from USP under section 772(e) of the Tariff Act. We also stated that we

believed that we erred in not allowing the offset to U.S. ISEs in the

92/93 administrative review.

We also disagree with Torrington regarding the related-party

commission. NTN stated that it made commission payments to NBCA for

expenses that NBCA incurred with respect to sales to a specific PP

customer. In its questionnaire responses, NTN provided specific data on

the expenses that NBCA incurred with respect to the sales in question.

Accordingly, rather than including in our analysis the commission,

which is the transfer payment between NTN and NBCA, we have taken into

account the actual expenses NBCA incurred with respect to these sales.

Further, an examination of the specific types of expenses that NBCA

incurred with respect to the sales in question indicates that the

expenses are those that we typically consider to be indirect expenses

incurred by sales organizations. Therefore, we have used the actual

expenses that NBCA incurred with respect to the sales in question in

our analysis, and we have treated them as ISEs.

Comment 6: Torrington argues that the Department should reject

Koyo's claim for the deduction of imputed interest expense on

antidumping cash deposits from its U.S. ISEs.

Department's Position: We disagree with Torrington. The imputed

expenses in question represent expenses comparable to expenses for

legal fees related to antidumping proceedings. The expenses were

incurred only because of the existence of the antidumping duty orders

and Koyo's involvement therein. Therefore, these expenses cannot be

categorized as selling expenses. We and the CIT have recognized that

such expenses should not be included as a cost of selling the

merchandise. See, e.g., Daewoo Electronics Co. v. United States, 712 F.

Supp. 931, 947 (CIT 1989).

In Federal Mogul II, the CIT recognized our practice of imputing

expenses where such expenses are not clearly recorded in a respondent's

records. When we impute an expense not otherwise recorded, we adjust a

respondent's actual selling expenses by adding to them the amount of

the imputed selling expenses. Similarly, with respect to Koyo's

interest expense, we removed from selling expenses an amount

attributable to cash deposits, which do not represent a selling expense

at all. As Koyo properly established the amount of cash deposits it

paid during the POR, we must calculate an amount representing the

expense to Koyo of the lost use of the cash deposits. This is required

by section 772(e)(2) of the Tariff Act, which only permits us to deduct

selling expenses from ESP. Therefore, we have allowed Koyo's claimed

deduction of imputed interest expense on antidumping duty deposits from

its U.S. ISEs.

Comment 7: Torrington argues that the Department should reject

NTN's and NTN Germany's allocation of certain indirect expenses to LOTs

in the United States and HM, as it did in the two previous reviews,

because NTN failed to justify or support with evidence the allocation

of these expenses according to LOTs.

Department's Position: We agree with Torrington. The CIT has upheld

the Department's decision in AFBs III to neutralize the allocation of

expenses based on LOTs in NTN II. The Department determined in AFBs III

that the methods NTN and NTN Germany used for allocating their ISEs did

not bear any relationship to the manner in which they incurred the

expenses in question, thereby leading to distorted allocations.

Further, we found that the allocations NTN and NTN Germany calculated

according to LOTs were misplaced and that they could not conclusively

demonstrate that their ISEs vary across LOTs. In the course of this

review respondents did not provide any sufficient evidence

demonstrating that their selling expenses are attributable to LOTs.

Therefore, we have recalculated NTN's and NTN Germany's expenses to

represent selling expenses for all HM sales for the final results.

Comment 8: Torrington notes that NTN submitted selling expenses for

CV on the basis of customer category. Petitioner believes such a basis

is improper and should be rejected in favor of selling expenses based

on all HM sales. Petitioner contends that LOT is irrelevant to the

calculation of CV. Petitioner also notes that the Department rejected

this calculation methodology in AFBs III and AFBs IV.

Department's Position: We agree with Torrington. NTN has not

provided sufficient evidence demonstrating that selling expenses are

attributable to LOT. NTN's allocation of expenses according to LOT is

unacceptable for sales used to calculate FMV and, for the same reasons,

it is unacceptable for purposes of calculating CV in our analysis of

NTN. Therefore, we have recalculated NTN's expenses for CV to represent

those expenses for all HM sales.

3F. Differences in Merchandise

Comment 1: NTN contends that the Department's methodology for

calculating the 20-percent difference-in-merchandise (DIFMER) ceiling

is incorrect. NTN notes that until AFBs III the Department had

calculated the 20-percent DIFMER ceiling as a percentage of the U.S.

variable cost of manufacturing. NTN complains that the Department's

change in testing, from examining the ratio of the difference in U.S.

and HM variable costs to U.S. variable cost (U.S. variable cost--HM

variable cost/U.S. variable cost) to examining the ratio of the

difference in U.S. and HM variable costs to U.S. COM (U.S. variable

cost--HM variable cost/U.S. COM), was unwarranted, illogical and

unnecessary. NTN submits that the new methodology thwarts the

Department's intention of defining HM merchandise as similar only when

the costs of the HM merchandise are reasonably close to the costs of

U.S. merchandise because the new methodology broadens the range of

costs, thereby allowing less similar merchandise to be considered

comparable.

Department's Position: We disagree with NTN. The Department's

standard for commercial comparability was set forth in IA Policy

Bulletin 92.2 (July 29, 1992). In that bulletin we explain that:

(a)lthough the 20% guideline has been used for a number of years,

there have been some differences in practice in the calculation

formula. While the numerator has always

[[Page 66490]]

been the difference in variable production cost, different

denominators have been used. They have sometimes been price, other

times total manufacturing costs, and yet other times the total

variable manufacturing costs. * * * Because variable manufacturing

costs change as a share of total manufacturing costs from product to

product, the size of a 20% difference would consequently vary as

well in relation to both the price and total manufacturing costs.

Therefore, a more stable basis for the denominator is the total

manufacturing costs, and it has been chosen for uniform use.

Since the issuance of this policy bulletin, the Department has used

the 20-percent-of-COM guideline to determine whether HM merchandise is

reasonably comparable to the exported merchandise. This methodology was

employed in AFBs III (at 39766) and AFBs IV and was upheld by the CIT

in NTN II.

4. Cost of Production and Constructed Value

4A. Cost-Test Methodology

Comment 1: FAG/Barden asserts that the Department erred in

excluding sales below COP for Barden. FAG/Barden argues that the

domestic industry has not made an allegation of sales below cost

against FAG in the United Kingdom since AFBs III. Further, FAG/Barden

contends that the cost allegation did not include specific COM data

particular to Barden or to Barden products. FAG/Barden points out that

the below-cost allegation was brought specifically and exclusively

against a particular firm, FAG U.K., and a single product, purchased

ball bearings, and the Department did not apply the below-cost test to

Barden's product when merging the two companies rates in the prior two

reviews. FAG/Barden requests that the Department correct its computer

program and exclude Barden's HM sales from the application of the cost

test in the final results.

Torrington argues that the Department did not err in applying a

cost test to Barden's HM sales. Torrington asserts that the Department

was consistent in its practice to exclude such sales because it found

that Barden had sold these HM sales at below-cost prices. Further,

Torrington argues, given that FAG U.K. and Barden are related parties

and have been recognized to constitute a single legal entity for

virtually every purpose of this review, the Department had an objective

basis to suspect that Barden engaged in below-cost HM sales. Torrington

requests that, for purposes of the final results, the Department not

exempt Barden's HM sales from the application of the cost test.

Department's Position: Consistent with the CIT's instructions in

FAG II, we are treating FAG U.K. and Barden as separate companies for

this review. However, the court did not issue FAG II until July 10,

1996. Prior to that date we considered FAG (U.K.) and Barden to be one

entity, and, upon receipt of the consolidated questionnaire response,

we applied the cost test to all sales made by that entity. As a result

of applying the cost test, there is now information on the record that

shows that Barden made below-cost sales.

In light of the Court's decision that we improperly collapsed the

two companies, we agree with FAG/Barden that we previously did not have

reason to believe or suspect that Barden made below-cost sales.

However, we cannot disregard the fact that we found that Barden-made

products were being sold in the home market below COP. Therefore, we

must proceed in accordance with the statute, which requires that we

disregard such sales. See section 773(b) of the Tariff Act.

Comment 2: FAG Germany contends that the Department made an error

in its margin analysis program by not eliminating models and sales that

failed the cost test from the HM database.

Torrington states that FAG Germany is correct in that the

Department should eliminate certain below-cost sales from the HM

database, but cautions the Department to ensure that, where ninety

percent or more of a model's sales fail the cost test, the program will

match the U.S. sale to CV instead of matching to HM bearings in the

same family.

Department's Position: We disagree with both FAG Germany and

Torrington that a clerical error has occurred. When ninety percent or

more of sales of a model are below cost, we disregard all sales of this

model from our analysis and use CV as the basis for FMV for U.S. sales

that match to such models. When between ten and ninety percent of sales

of a model are below cost, we disregard the individual below-cost sales

in calculating FMV. We use the remaining above-cost sales of such

models in our analysis, and match such sales in the same manner that we

match all HM sales. We have changed our matching methodology in one

respect, however, applicable to all HM sales. We do not match U.S.

sales to HM sales of similar models where we have disregarded all

contemporaneous identical HM sales as below-cost sales. In this

instance, we resort directly to CV. The program achieves this result.

The ``error'' to which FAG and Torrington refer is not an error in

programming, but simply our way of keeping a marker in the HM sales

database so that we do not match to similar merchandise when we should

be matching to CV.

Section 773(b) of the Act requires that:

Whenever sales are disregarded by virtue of having been made at

less than the cost of production and the remaining sales, made at

not less than the cost of production, are determined to be

inadequate as a basis for the determination of foreign market value

under subsection (a) of this section, the administering authority

shall employ the constructed value of the merchandise to determine

its foreign market value.

As explained in Policy Bulletin 92/4, December 15, 1992, ``(i)n

determining FMV, if the Department finds that sales of a given model,

otherwise suitable for comparison, are sold below the cost of

production, and the remaining sales of that model are inadequate to

determine FMV, the Department will use constructed value to determine

FMV.'' In defining the most similar merchandise, section 771(16) of the

Act directs us to descend through a hierarchy of preferences for

determining which merchandise sold in the foreign market is most

similar to the merchandise sold in the United States. Section 771(16)

also states that such-or-similar merchandise is the merchandise that

falls into the first hierarchical category in which we can make

comparisons. Section 771(16) does not direct us to condition the

selection of the best comparison model on any basis other than

similarity of the merchandise. Therefore, the Department does not

select such or similar merchandise only from models which remain after

conducting the below-cost test. As stated in the Policy Bulletin,

``(t)he statute, therefore, directs us to the use of constructed value

when the most similar model is sold below cost.''

In conducting administrative reviews, the Department relies on the

90/60-day guideline to establish the contemporaneity of sales from

which to choose its HM comparison sales 3. If we are conducting a

COP test, it is possible that we disregard all sales of some HM models

within the 90/60-day window, either because between 10 and 90 percent

of the entire POR's sales are below cost or because more than 90

percent of the entire POR's sales are

[[Page 66491]]

below cost. In the AFB cases, we examine first our contemporaneity

window to find identical merchandise to use as our comparator. Where

there are no sales in the HM of identical merchandise, we identify the

``family'' of bearings as similar merchandise. If we have selected

identical merchandise as our comparator with the contemporaneity

guideline in mind, but we disregard all contemporaneous sales of that

identical model as a result of the COP test, i.e., all sales within the

90/60-day window, the logic of the statute described in the Policy

Bulletin still applies. In other words, in determining FMV, if the

Department finds that contemporaneous sales of a given model, otherwise

suitable for comparison, are sold below COP, and the remaining sales of

that model are inadequate to determine FMV, the Department uses CV to

determine FMV.

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\3\ This guideline establishes the following order of preference

for matching sales of subject merchandise to HM sales. We first

examine whether any identical HM sales were made in the same month

as the U.S. sale. If there were no such identical sales in the same

month, we look for HM sales in the three months that preceded the

U.S. sale. Finally, we look for HM sales in the two months following

the U.S. sale. If we do not find HM identical sales during this

``90/60'' day window, we repeat this process for similar

merchandise.

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In conducting these administrative reviews of the AFB orders, we

have relied either on the 90/60-day guideline to establish the

contemporaneity of sales from which to choose HM comparison sales or,

as explained in our preliminary results, we have relied on annual-

average FMVs. Where we have relied on annual-average FMVs, the

applicability of the Policy Bulletin's interpretation of the statute is

clear. If between 10 and 90 percent of a model's sales are below cost

and we disregard those below-cost sales, above-cost sales remain in the

annual-average FMV. Where we have identified that only HM sales which

fall within the 90/60-day contemporaneity guideline are suitable as

potential matches to U.S. sales, the Policy Bulletin's interpretation

of the statute applies equally to the pool of potential matches, i.e.,

those sales within the 90/60-day window. It would be inappropriate to

apply the Policy Bulletin's interpretation differently based on

different contemporaneity periods. Moreover, the Department's

longstanding practice of applying the 10/90 test across the entire POR

is not affected by the 90/60-day guideline, since the 10/90 test is an

interpretation of the quantity requirements of section 773(b)(1).

Therefore, for these final results, if we disregarded all

contemporaneous sales of the best model because they are below COP, we

relied on CV in our determination of FMV.

4B. Research and Development

Comment 1: Torrington claims that the COP and CV formats in SKF

Germany's cost response include separate entries only for general

research and development (R&D) expenses but that there are no

corresponding entries for factory R&D costs. Torrington asks the

Department to determine whether SKF Germany allocated its factory R&D

expense properly and, if not, to resort to an appropriate BIA.

SKF Germany argues that its overhead variance is computed on a

product-division and factory basis, thereby making that variance also

specific on a class-or-kind basis. It claims that, as stated in its

cost response, basic R&D is conducted by SKF Germany ERC in the

Netherlands, and SKF Germany only conducts limited process-engineering

and application R&D at the factory level. According to SKF Germany,

this limited factory-level R&D is included in the fixed overhead

expense of each factory and product division, as adjusted for the

product division and factory-specific overhead variances and job order

variances. SKF Germany contends that this methodology captures the

actual costs of process and application engineering at the factory

level in the COM on a class-or-kind basis. SKF Germany asserts that,

since the involved operations are not product-specific, inclusion of

the factory-level actual process and application engineering costs in

factory overhead, and thereby the COM of each bearing, is the proper

methodology for reporting the costs. Since these costs are included in

overhead costs, SKF Germany concludes, a separate breakout for factory

R&D costs is not possible.

Department's Position: We disagree with Torrington. SKF Germany's

overhead variance is computed on a product- and factory-specific basis.

Hence, the variance is also specific on a class-or-kind basis. SKF

Germany's methodology captures the actual costs of process and

application engineering at the factory level in the COM on a class-or-

kind basis. We have accepted SKF Germany's methodology because the

costs of necessary operations are not product-specific but relate to

the products generally produced in the product division or are in the

factory overhead. In this case, the COM of each bearing on a class-or-

kind basis reflects an acceptable methodology for reporting these

costs. SKF Germany accounted for its factory-level R&D costs and

allocated these costs on a class-or-kind basis appropriately.

Comment 2: Torrington argues that the Department should restate FAG

Germany's R&D costs for all products under review. Torrington observes

that the questionnaire asked respondents to report ``product-specific

or product-line'' R&D costs and, Torrington claims, while FAG Germany

reported average amounts for all roller bearing products calculated

using a broadly based factor, statements by FAG Germany on the

administrative record suggest that actual amounts could have been

reported. Torrington asks that the Department restate FAG Germany's R&D

cost by substituting partial BIA for R&D costs in FAG Germany's COP and

CV datasets.

FAG Germany argues that it incurs the bulk of R&D costs before the

first regular production unit is manufactured. FAG Germany contends

that, because GAAP requires that most R&D costs be expensed when

incurred and the bulk of R&D costs incurred during the POR relate to

products which have not yet begun production, R&D costs for individual

products reported in its response would be minimal or non-existent if

calculated in the manner petitioner suggests. FAG Germany states that,

to the extent possible, R&D costs have been assigned to the product

lines for which they were incurred. FAG Germany also states that the

Department verified FAG Germany's methodology for calculating and

allocating R&D costs and found no discrepancies.

Department's Position: We agree with FAG Germany. When we examined

FAG Germany's accounting system at verification, we found that

allocating FAG Germany's R&D expenses on a product-specific basis would

not be feasible because a large portion of R&D projects are on-going

and benefit more than one product or category of products. FAG

Germany's response and the documentation it provided at verification

confirmed that, to the extent possible, R&D expenses have been assigned

directly to particular manufacturing and distribution cost-center

areas. Thus, we conclude that FAG Germany's allocation method for R&D

costs is appropriate.

4C. Profit for Constructed Value

Comment 1: Torrington argues that the Department should recalculate

profit for CV to exclude below-cost sales. Torrington acknowledges that

the Department has previously rejected this position (citing AFBs IV at

10922-23) but argues that, from a policy perspective, the Department

should adopt an approach that is consistent with the long-standing

construction of ``ordinary course of trade'' under the GATT code and

find that below-cost sales are outside the ordinary course of trade

and, therefore, inappropriate for use in the CV profit calculation.

Respondents FAG, INA, NSK, NTN, and SKF maintain that it would be

incorrect for the Department to disregard below-cost sales in the

calculation of profit for CV, arguing that such an action is not

supported by the

[[Page 66492]]

statute and would be inconsistent with prior reviews. Respondents first

note that the Department has rejected Torrington's position in past

reviews and that the CV profit methodology used in these previous

reviews has been upheld by the CIT (citing AFBs II at 28374, AFBs III

at 39752, AFBs IV at 10922, and Torrington I at 633). NSK adds that

below-cost sales can only be excluded from the CV profit calculation if

such sales are ``outside the ordinary course of trade,'' which does not

exclude below-cost sales per se. NSK states that it is well accepted

that respondents in these reviews make some sales above and some sales

below cost as a regular business practice during the ordinary course of

trade.

Department's Position: We disagree with Torrington that the

calculation of profit should include only sales priced above the COP.

Section 773(e)(1)(B) of the Tariff Act directs that profit should be

equal to that usually reflected on sales: (1) Of the same general class

or kind of merchandise; (2) made by producers in the country of

exportation; (3) in the usual commercial quantities; and (4) in the

ordinary course of trade. Thus, the statute does not explicitly provide

that below-cost sales be disregarded in the calculation of profit. The

detailed nature of this subsection suggests that any requirement

concerning the exclusion of below-cost sales in the calculation of

profit for CV would explicitly be included in this provision.

Accordingly, it would be inappropriate to read such a requirement into

the statute. See AFBs III at 39752 and AFBs IV at 10922. Further, the

``ordinary course of trade'' provision in the statute (section 771(15))

does not include or even mention below-cost sales. Finally, Torrington

has not demonstrated that the below-cost sales at issue are actually

outside the ordinary course of trade. See also FAG III and case cited

therein.

Comment 2: Torrington argues that, if the Department rejects

petitioner's position that below-cost sales should not be included in

calculating profit for CV, the Department should assign a profit rate

of zero to such sales instead of the actual, negative, profit rates

realized. Torrington suggests that this result could be reached by

setting the negative profit amounts realized on such sales to zero in

the profit ratio numerator, while continuing to include the actual cost

of production of unprofitable sales (along with all other sales) in the

profit ratio denominator. Torrington contends that the inclusion of

negative profit rates on such sales in the CV profit calculation allows

respondents to offset or ``mask'' profits on selected sales with losses

on unprofitable sales. Torrington states that setting negative profits

to zero would be consistent with other Department practices designed to

avoid the possibility of manipulation via targeted high-priced and low-

priced sales, and cites as an example the Department's practice of

setting negative transaction-specific dumping margins to zero when

calculating the weighted-average dumping margin.

FAG, INA, NSK, NTN, and SKF respond that Torrington's proposal

should be disregarded because the Department's current practice of

calculating profit for CV without regard to the profitability of

individual sales is statutorily correct and has been upheld by the CIT.

SKF notes in addition that Torrington provides no direct statutory or

case law support for its position and contends that Torrington's

argument is incorrect because: (1) The statute requires that profit be

calculated for the general class or kind of merchandise at issue

without regard to the inclusion or exclusion of particular sales; (2)

Congress intended profit for CV to be a ``representative'' profit

(including both below-cost and above-cost sales) and that the remedy

that Congress provided for situations involving a profit too low to be

considered representative is the eight-percent statutory minimum; (3)

Congress addressed the concern regarding ``targeted'' below-cost sales

through the below-cost provisions of the statute; and (4) Torrington's

suggested calculation methodology is distortive because it excludes

below-cost sales in the numerator (total profit) but includes such

sales in the denominator (total COP).

FAG adds that the statute requires that the profit must be that

``usually reflected'' in sales of the same general class or kind. FAG

contends that Torrington's methodology does not meet this requirement

because it excludes profit on certain sales in the general class or

kind, namely those made at below-cost prices.

Department's Position: We disagree with Torrington for the same

reasons as those provided in Comment 1, above. Specifically, the

statute requires that we base profit on sales of the general class or

kind of merchandise at issue, provided that they are made in the

ordinary course of trade. With respect to such sales, the statute does

not provide that the sale, if profit is negative, be treated as a zero-

profit sale.

Comment 3: Torrington argues that the Department should calculate

profit for CV based on profits observed on reported HM sales made

during the designated sample weeks, not on sales of the same general

class or kind of merchandise in the HM as calculated by respondents.

Torrington notes that the Department has previously rejected this

position (citing AFBs IV at 10923), but asks that the Department

reconsider its position for the following reasons: (1) Use of sample-

week sales insures that profit data are based on a verified database of

sales of in-scope merchandise; and (2) general class-or-kind profit

data are based on the particular cost-accounting methods employed by

respondents and do not provide assurance that the reported profits are

based on sales of in-scope merchandise.

FAG, INA, and NSK respond that Torrington has provided no new

evidence to alter the Department's longstanding position. Respondents

contend that the Department's preference for non-sampled profit data is

consistent with section 773(e)(1)(B) of the Tariff Act, which requires

the use of profit based on sales of the same general class or kind of

merchandise, not such-or-similar merchandise.

Department's Position: We disagree with Torrington with respect to

calculating profit on the basis of sample-week sales. See AFBs III at

39752 and AFBs IV at 10923. Because the profit on sales of such-or-

similar merchandise may not be representative of the profit for the

general class or kind of merchandise, we requested profit information

based on the general class or kind of merchandise. This method for

calculating profit for CV is in compliance with section 773(e) of the

Tariff Act and has been upheld by the CIT. See FAG III.

Comment 4: Torrington argues that the Department should exclude

from the profit calculation sales to related parties that were not at

arm's-length prices. Torrington states that this policy has been

employed in other administrative reviews (citing AFBs IV at 10921 and

Certain Hot-Rolled, Cold-Rolled, Corrosion-Resistant and Cut-to-Length

Carbon Steel Flat Products from Korea, 58 FR 37176). Torrington

requests that the Department ensure that the CV profit calculations for

a number of companies, including NTN, Koyo, NSK, and SNR, do not

include non-arm's-length sales.

NSK responds that it only made sales to unrelated parties in the

HM, and that this issue therefore does not apply to NSK. NTN states

that the Department did not exclude any of its related-party sales in

the 92/93 review and requests that the Department include all HM sales

in the CV profit calculation for this review.

[[Page 66493]]

Department's Position: We agree with Torrington, in part. As we

stated in AFBs IV, contrary to Torrington's contention, there is no

basis for automatically excluding, for the purposes of calculating

profit for CV, sales to related parties that fail the arm's-length

test. Section 773(e)(2) of the Tariff Act provides that a transaction

between related parties may be ``disregarded if, in the case of an

element of value required to be considered, the amount representing

that element does not fairly reflect the amount usually reflected in

sales in the market under consideration.'' The arm's-length test, which

is conducted on a class-or-kind basis, determines whether sales prices

to related parties are equal to, or higher than, sales prices to

unrelated parties in the same market. This test, therefore, is not

dispositive of whether the element of profit on related-party sales is

somehow not reflective of the amount usually earned on sales of the

merchandise under consideration.

Related-party sales that fail the arm's-length test do give rise to

the possibility, however, that certain elements of value, such as

profit, may not fairly reflect an amount usually earned on sales of the

merchandise. We considered whether the amount for profit on these sales

to related parties was reflective of an amount for profit usually

experienced on sales of the merchandise. To do so, we compared profit

on sales to related parties that failed the arm's-length test to profit

on sales to unrelated parties. If the profit on sales to related

parties varied significantly from the profit on sales to unrelated

parties, we disregarded related-party sales for the purposes of

calculating profit for CV. We first calculated profit on sales to

unrelated parties on a class-or-kind basis. If the profit on these

sales was less than the statutory minimum of eight percent, we used the

eight-percent statutory minimum in the calculation of CV. If the profit

on these sales was equal to or greater than the eight-percent statutory

minimum, we calculated profit on the sales to related parties that

failed the arm's-length test and compared it to the profit on sales to

unrelated parties as described above. If the profits on such sales to

related parties varied significantly from the profits on sales to

unrelated parties, we excluded those related-party sales for the

purpose of calculating profit on CV. See AFBs IV at 10922.

Comment 5: Torrington argues that the Department improperly

accepted the statutory minimum profit figures submitted by a number of

companies, including NTN, Koyo, NSK, and NMB/Pelmec, without

independently testing them. Torrington argues that the Department

should test these claims using the sales and cost data submitted by

respondents, adjusted for below-cost sales and sales to related

parties.

NMB/Pelmec responds that it calculated weighted-average profit

margins and determined whether the actual profit was above or below the

statutory minimum before applying it to CV. NMB/Pelmec contends,

therefore, that it performed a proper analysis of the profit margins

prior to entering the information into the computer database.

Department's Position: We disagree with Torrington. Torrington's

proposal amounts to taking the higher of the reported profit for the

general class or kind of merchandise or that found using the reported

sales and cost data, which is inappropriate for the reasons we stated

in response to Comment 3. As noted in that position, we have based

profit on all sales of the general class or kind, where this data is

available, and not on reported sales and costs. With respect to NMB/

Pelmec, we neglected to determine whether NMB/Pelmec's actual profit

was greater than the statutory minimum. We have corrected this error

for these final results.

Comment 6: Asahi contends that the Department erroneously excluded

arm's-length sales to certain related customers when calculating profit

for CV. Asahi states that sales to only two customers should have been

disregarded under the related-party CV profit test but that the

Department excluded sales to a number of other customers as well.

Department's Position: We agree with Asahi that we made an error in

our calculation of profit for CV and have corrected this error for the

final results.

Comment 7: Torrington argues that NMB/Pelmec arbitrarily calculated

profit margins for small and medium-size BBs while the statute refers

to the profits earned on the general class or kind of merchandise.

Given the requirements of the statute, Torrington argues that the

Department should recalculate the actual average profit rate on the

basis of all BB sales in Singapore.

Department's Position: We agree with Torrington that the statute

requires profit to be calculated on sales of the general class or kind

of merchandise and not be based on subsets of bearings. We have

recalculated the company's profit rate based on BB sales to reflect

profit on the general class or kind of merchandise sold by NMB/Pelmec

in Singapore.

4D. Related-Party Inputs

Comment 1: Torrington contends that the Department should

scrutinize all related-party material costs and verify data for which

questions remain regarding related-party component costs. Torrington

argues that the Department should apply BIA to the material costs in

question if the Department is not satisfied that all related-party

material costs are accurate and sold at arm's length. It claims further

that SKF Germany did not respond sufficiently to the Department's

supplemental question addressing the percentage of total material costs

for each part purchased from a related supplier, but instead stated

that the information was not available. Torrington claims that SKF

Germany should have provided the information. Torrington also contends

that SKF Germany stated that it has not reported, and cannot report,

discrete elements of costs for the products not manufactured by SKF

Germany and, Torrington concludes, there is little basis for the

Department to accept representations of actual costs.

SKF Germany replies that its response indicates clearly that it

only purchased two component types from a related supplier for use in

the production of subject merchandise. It states further that, in

another proceeding, a related supplier provided the Department with a

complete description of its methodology for determining the actual cost

of the finished bearing and this related supplier's cost-accounting

methodology has been previously verified by the Department with no

discrepancies noted. SKF Germany states that it used the greater of

transfer price or actual cost for CV purposes to arrive at the actual

cost of purchased components for COP purposes and used the greater of

the transfer or actual cost for CV purposes.

Department's Position: We disagree with Torrington. SKF Germany has

stated on the record that it applied its internal transfer pric

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Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France, Germany, Italy, Japan, Singapore, Sweden, and the United Kingdom; Final Results of Antidumping Duty Administrative Reviews and Partial Termination of Administrative Reviews · 61 FR 66471 | Frix