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

Federal RegisterOct 17, 1997

Ask Donna

What actually matters in this document.

Text

DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-801, A-428-801, A-475-801, A-588-804, A-485-801, A-559-801, A-

401-801, A-412-801]

Antifriction Bearings (Other Than Tapered Roller Bearings) and

Parts Thereof From France, Germany, Italy, Japan, Romania, Singapore,

Sweden and the United Kingdom; Final Results of Antidumping Duty

Administrative Reviews

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of antidumping duty administrative

reviews.

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

SUMMARY: On June 10, 1997, the Department of Commerce (the Department)

published the preliminary results of administrative reviews of the

antidumping duty orders on antifriction bearings (other than tapered

roller bearings) and parts thereof from France, Germany, Italy, Japan,

Romania, Singapore, Sweden, and the United Kingdom. The classes or

kinds of merchandise covered by these orders are ball bearings and

parts thereof, cylindrical roller bearings and parts thereof, and

spherical plain bearings and parts thereof. The reviews cover 21

manufacturers/exporters. The period of review (POR) is May 1, 1995,

through April 30, 1996.

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

changes, including corrections of certain

[[Page 54044]]

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

Reviews.''

EFFECTIVE DATE: October 17, 1997.

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,

Washington, DC 20230; telephone: (202) 482-4733.

France

Chip Hayes (SKF), Lyn Johnson (SNFA), Michael Panfeld (SNR), Robin Gray

or Richard Rimlinger.

Germany

John Heires (Torrington Nadellager), J. David Dirstine (SKF), Suzanne

Flood (INA), Michael Panfeld (NTN Kugellagerfabrik), Thomas Schauer

(FAG), Robin Gray or Richard Rimlinger.

Italy

Chip Hayes (SKF), Mark Ross (FAG) or Richard Rimlinger.

Japan

J. David Dirstine (Koyo Seiko), Gregory Thompson (NTN), Kristie

Strecker (NPBS), Thomas Schauer (NSK Ltd., Nachi-Fujikoshi Corp.) or

Richard Rimlinger.

Romania

Kristie Strecker (Tehnoimportexport, S.A.) or Robin Gray.

Singapore

Lyn Johnson (NMB/Pelmec) or Richard Rimlinger.

Sweden

Mark Ross (SKF) or Richard Rimlinger.

United Kingdom

Hermes Pinilla (FAG, Barden, NSK/RHP) or Robin Gray.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (the Tariff Act), are references to the provisions

effective January 1, 1995, the effective date of the amendments made to

the Tariff Act by the Uruguay Round Agreements Act (URAA). In addition,

unless otherwise indicated, all citations to the Department's

regulations are to 19 CFR Part 353 (1997).

Background

On June 10, 1997, the Department of Commerce (the Department)

published the preliminary results of administrative reviews of the

antidumping duty orders on antifriction bearings (other than tapered

roller bearings) and parts thereof (AFBs) from France, Germany, Italy,

Japan, Romania, Singapore, Sweden, and the United Kingdom (62 FR

31566). The reviews cover 21 manufacturers/exporters. The period of

review (the POR) is May 1, 1995, through April 30, 1996. We invited

parties to comment on our preliminary results of review. At the request

of certain interested parties, we held public hearings for General

Issues on July 8, 1997, and for Japan-specific issues on July 15, 1997.

The Department has conducted these administrative reviews in accordance

with section 751 of the Tariff Act.

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 of kinds of

merchandise, including a compilation of all pertinent scope

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

notice of final results.

Use of Facts Available

For a discussion of our application of facts available, see the

``Facts Available'' section of the Issues Appendix.

Sales Below Cost in the Home Market

The Department disregarded home market (HM) sales below cost for

the following firms and classes or kinds of merchandise for these final

results of reviews:

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

Country Company Class or kind of merchandise

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

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

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

Germany.................................. NTN......................... BBs

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

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

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

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

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

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

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

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

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

NPBS........................ BBs

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

Sweden................................... SKF......................... BBs

United Kingdom........................... NSK-RHP..................... BBs, CRBs

Barden...................... BBs

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

Duty Absorption

We have determined that duty absorption has occurred with respect

to the following firms and with respect to the following percentages of

sales which these firms made through their U.S. affiliated parties:

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

Percentage

of U.S.

affiliate's

Name of Firm Class or kind sales with

dumping

margins

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

France

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

SKF.................................... BBs 23.24

SPBs 100.00

SNR.................................... BBs 36.22

CRBs 44.64

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

Germany

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

FAG.................................... BBs 54.57

CRBs 40.14

SPBs 21.10

INA.................................... BBs 64.47

CRBs 40.89

NTN.................................... BBs 36.44

SKF.................................... BBs 7.03

CRBs 53.78

SPBs 21.17

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

Italy

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

FAG.................................... BBs 20.43

SKF.................................... BBs 8.15

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

Japan

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

Koyo Seiko............................. BBs 49.49

CRBs 86.02

Nachi.................................. BBs 58.49

CRBs 31.87

NPBS................................... BBs 55.46

NSK.................................... BBs 24.23

CRBs 36.19

NTN.................................... BBs 37.50

CRBs 19.26

SPBs 73.03

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

Singapore

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

NM Singapore/Pelmec Inc................ BBs 8.51

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

Sweden

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

SKF.................................... BBs 45.26

United Kingdom

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

NSK/RHP................................ BBs 27.76

CRBs 52.51

Barden................................. BBs 13.36

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

[[Page 54045]]

For a discussion of our determination with respect to this matter,

see the ``Duty Absorption'' section of the Issues Appendix.

Changes Since the Preliminary Results

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

corrections that changed our results. We have corrected certain

programming and clerical errors in our preliminary results, where

applicable. 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, 1995, through April 30, 1996:

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

Company BBs CRBs SPBs

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

France

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

SKF.................................... 5.38 (\2\) 42.79

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

SNR.................................... 8.60 10.14 (\2\)

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

Germany

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

FAG.................................... 12.40 19.49 10.32

INA.................................... 49.62 20.08 28.62

NTN.................................... 9.44 (\2\) (\2\)

SKF.................................... 4.25 17.82 4.72

Torring- ton Nadellager................ (\3\) 76.27 (\3\)

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

Italy

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

FAG.................................... 1.76 (\1\) .........

SKF.................................... 3.59 (\3\) .........

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

Japan

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

Koyo Seiko............................. 14.20 15.38 (\1\)

NPBS................................... 16.70 (\2\) (\2\)

NSK.................................... 9.88 6.88 (\2\)

NTN.................................... 7.10 3.86 7.69

Nachi.................................. 12.89 3.15 (\2\)

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

Romania

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

TIE.................................... .20 ......... .........

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

Singapore

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

NMB Singapore/Pelmec Ind............... 2.10 ......... .........

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

Sweden

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

SKF.................................... 12.62 ......... .........

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

United Kingdom

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

NSK-RHP................................ 16.49 68.26 .........

Barden................................. 4.00 (\1\) .........

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

\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\ No review.

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-by-entry assessments, we

will calculate wherever possible an exporter/importer-specific

assessment rate for each class or kind of AFBs.

1. Export Price Sales

With respect to export price (EP) sales for these final results, we

divided the total dumping margins (calculated as the difference between

normal value (NV) and EP) for each importer/customer by the total

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

to assess the resulting per-unit dollar amount against each unit of

merchandise in each of that importer's/customer'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/customer under

each order for the review period will be almost exactly equal to the

total dumping margins.

2. Constructed Export Price Sales

For constructed export price (CEP) 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/customer.

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/customer'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.

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 value for

that exporter's sales for each relevant class or kind of merchandise to

the United States 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 EP and CEP deposit

rates (using the EP and CEP, respectively, as the weighting factors).

To accomplish this where we sampled CEP sales, we first calculated the

total dumping margins for all CEP sales during the review period by

multiplying the sample CEP margins by the ratio of total weeks in the

review period to sample weeks. We then calculated a total net value for

all CEP sales during the review period by multiplying the sample CEP

total net value by the same ratio. We then divided the combined total

dumping margins for both EP and CEP sales by the combined total value

for both EP and CEP 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 unaffiliated 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

[[Page 54046]]

above except that, for firms whose weighted-average margins are less

than 0.5 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) and, for BBs from

Italy, see 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, 61 FR 66472

(December 17, 1996)). 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.

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) or conversion

to judicial protective order is hereby requested. Failure to comply

with the regulations and terms of an APO is a violation which is

subject to sanction.

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: October 8, 1997.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

Scope Appendix Contents

A. Description of the Merchandise

B. Scope Determinations

Issues Appendix Contents

Abbreviations

Comments and Responses

1. Facts Available

2. Discounts, Rebates, and Price Adjustments

3. Circumstance-of-Sale Adjustments

A. Technical Services and Warranty Expenses

B. Credit

C. Indirect Selling Expenses

4. Level of Trade

5. Cost of Production and Constructed Value

A. Cost-Test Methodology

B. Research and Development

C. Profit for Constructed Value

D. Affiliated-Party Inputs

E. Abnormally High Profits

F. Credit and Inventory Costs

G. Other Issues

6. Further Manufacturing

7. Packing and Movement Expenses

8. Affiliated Parties

9. Sample Sales and Prototypes/Zero Price Transactions

10. Export Price and Constructed Export Price

11. Programming and Clerical Errors

12. Duty Absorption

13. Reimbursement

14. Tooling Revenue

15. Cash Deposit Financing

16. Romania-Specific Issues

17. Miscellaneous Issues

A. Ocean and Air Freight

B. Burden of Proof

C. HTS

D. Certification of Conformance to Past Practice

E. Pre-Existing Inventory

F. Inland Freight

G. Other Issues

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: 3926.90.45,

4016.93.00, 4016.93.10, 4016.93.50, 6909.19.5010, 8431.20.00,

8431.39.0010, 8482.10.10, 8482.10.50, 8482.80.00, 8482.91.00,

8482.99.05, 8482.99.35, 8482.99.2580, 8482.99.6595, 8483.20.40,

8483.20.80, 8483.50.8040, 8483.50.90, 8483.90.20, 8483.90.30,

8483.90.70, 8708.50.50, 8708.60.50, 8708.60.80, 8708.70.6060,

8708.70.8050, 8708.93.30, 8708.93.5000, 8708.93.6000, 8708.93.75,

8708.99.06, 8708.99.31, 8708.99.4960, 8708.99.50, 8708.99.5800,

8708.99.8080, 8803.10.00, 8803.20.00, 8803.30.00, 8803.90.30, and

8803.90.90.

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: 3926.90.45, 4016.93.00, 4016.93.10, 4016.93.50,

6909.19.5010, 8431.20.00, 8431.39.0010, 8482.40.00, 8482.50.00,

8482.80.00, 8482.91.00, 8482.99.25, 8482.99.35, 8482.99.6530,

8482.99.6560, 8482.99.70, 8483.20.40, 8483.20.80, 8483.50.8040,

8483.90.20, 8483.90.30, 8483.90.70, 8708.50.50, 8708.60.50,

8708.93.5000, 8708.99.4000, 8708.99.4960, 8708.99.50, 8708.99.8080,

8803.10.00, 8803.20.00, 8803.30.00, 8803.90.30, and 8803.90.90.

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: 3926.90.45, 4016.93.00, 4016.93.00, 4016.93.10,

4016.93.50, 6909.50,10, 8483.30.80, 8483.90.30, 8485.90.00,

8708.93.5000, 8708.99.50, 8803.10.00, 8803.10.00, 8803.20.00,

8803.30.00, and 8803.90.90.

The HTS item numbers are provided for convenience and customs

purposes. 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.)

[[Page 54047]]

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, 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 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 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 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.

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.

[[Page 54048]]

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 between January 1, 1994, and 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.

Rockwell International Corporation--Automotive component,

known variously as a cushion suspension unit, cushion assembly unit, or

center bearing assembly, is outside the scope of the order.

Enkotec Company, Inc.--``Main bearings'' imported for

incorporation into Enkotec Rotary Nail Machines are slewing rings and,

therefore, are outside the scope of the order.

Issues Appendix

Company Abbreviations

Barden--Barden Corporation (U.K.) Ltd. and the Barden Corporation

FAG Germany--FAG Kugelfischer Georg Schaefer KGaA

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

FAG U.K.--FAG (U.K.) Ltd.

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

Koyo--Koyo Seiko Co. Ltd.

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

Inc.

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 Japan--NTN Corporation; NTN Bearing Corporation of America;

American NTN Bearing Manufacturing Corporation

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 Group--SKF-France; SKF-Germany; SKF-Italy; SKF-Sweden; SKF USA,

Inc.

SKF Sweden--SKF Sverige AB

SNFA--SNFA Bearings, Ltd.

SNR France--SNR Nouvelle Roulements

TIE--Tehnoimportexport

Torrington--The Torrington Company

Other Abbreviations

COP--Cost of Production

COM--Cost of Manufacturing

CV--Constructed Value

CEP--Constructed Export Price

NV--Normal Value

HM--Home Market

OEM--Original Equipment Manufacturer

POR--Period of Review

PSPA--Post-Sale Price Adjustment

SAA--Statement of Administrative Action

URAA--Uruguay Round Agreements Act

AFB Administrative Determinations

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).

AFBs III--Antifriction Bearings (Other Than Tapered Roller

Bearings) and Parts Thereof From France, et al.; 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).

AFBs V--Antifriction Bearings (Other Than Tapered Roller Bearings)

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

Administrative Reviews and Partial Termination of Administrative

Reviews, 61 FR 66472 (December 17, 1996).

AFBs VI--Antifriction Bearings (Other Than Tapered Roller Bearings)

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

Administrative Reviews and Partial Termination of Administrative

Reviews, 62 FR 2081 (January 15, 1997).

1. Facts Available

Comment: SKF France maintains that, with respect to its CRBs, the

Department had no basis upon which to make an adverse inference since

SKF companies did not sell French CRBs to the United States during this

review period and since in its questionnaire responses it stated that

SKF France did not make such sales. SKF France maintains that its

response demonstrates that only BBs and SPBs were subject to review

and, further, that SKF's reporting of HM and U.S. sales of SKF's French

AFBs has been verified consistently. Finally, SKF France argues that,

because the Department's use of facts available and an adverse

inference is inappropriate as to CRBs, it is also inappropriate as to

duty absorption by SKF with respect to CRBs.

[[Page 54049]]

Department's Position: We agree with SKF France. We sent a no-

shipment inquiry to U.S. Customs on March 24, 1997. Customs did not

indicate that there were any entries of CRBs from SKF France. Without

such entries during the review period, there is nothing upon which we

may assess any duties we determine in the course of the review.

Therefore, the issue of whether SKF France had any sales of CRBs is

moot.

In addition, we will continue to apply the ``all others'' rate,

which is the rate established in the LTFV investigation, to CRBs from

France for future entries of this merchandise. Because we are not

applying facts available to SKF France's CRBs, we have not applied

facts available in our duty-absorption determination on CRBs from SKF

France.

2. Discounts, Rebates, and Price Adjustments

We have accepted claims for discounts, rebates, and other billing

adjustments as direct adjustments to price if we determined that the

respondent, in reporting these adjustments, acted to the best of its

ability and that its reporting methodology was not unreasonably

distortive. We did not treat such adjustments as direct (or indirect)

selling expenses but, rather, as direct adjustments necessary to

identify the correct starting price. While we prefer that respondents

report these adjustments on a transaction-specific basis (or, where a

single adjustment was granted for a group of sales, as a fixed and

constant percentage of the value of those sales), we recognize that

this is not always feasible, particularly given the extremely large

volume of transactions involved in these AFBs reviews. It is

inappropriate to reject allocations that are not unreasonably

distortive in favor of facts otherwise available where a fully

cooperating respondent is unable to report the information in a more

specific manner. See section 776 of the Tariff Act. Accordingly, we

have accepted these adjustments when it was not feasible for a

respondent to report the adjustment on a more specific basis, provided

that the allocation method the respondent used does not cause

unreasonable inaccuracies or distortions.

In applying this standard, we have not rejected an allocation

method solely because the allocation includes adjustments granted on

merchandise that is not subject to these reviews (out-of-scope

merchandise). However, such allocations are not acceptable where we

have reason to believe that respondents did not grant such adjustments

in proportionate amounts with respect to sales of out-of-scope and in-

scope merchandise. We have made this determination by examining the

extent to which the out-of-scope merchandise included in the allocation

pool is different from the in-scope merchandise in terms of value,

physical characteristics, and the manner in which it is sold.

Significant differences in such areas may increase the likelihood that

respondents did not grant price adjustments in proportionate amounts

with respect to sales of in-scope and out-of-scope merchandise. While

we scrutinize any such differences carefully between in-scope and out-

of-scope sales in terms of their potential for distorting reported per-

unit adjustments on the sales involved in our analysis, it would not be

reasonable to require that respondents submit sale-specific adjustment

data on out-of-scope merchandise in order to prove that there is no

possibility for distortion. Such a requirement would defeat the purpose

of permitting the use of reasonable allocations by a respondent that

has cooperated to the best of its ability.

Where we have found that a company has not acted to the best of its

ability in reporting the adjustment in the most specific and non-

distortive manner feasible, we have made an adverse inference in using

the facts available with respect to this adjustment pursuant to section

776(b) of the Tariff Act. With respect to HM adjustments, in accordance

with the Court of Appeals for the Federal Circuit's (CAFC) decision in

The Torrington Company v. United States, 82 F.3d 1039, 1047-51 (CAFC

1996) (Torrington I) , we have not treated improperly allocated HM

price adjustments as if they were indirect selling expenses (ISEs), but

we have instead disallowed downward adjustments in their entirety.

However, we have included positive (upward) HM price adjustments (e.g.,

positive billing adjustments that increase the final sales price) in

our analysis of such companies. The treatment of positive HM billing

adjustments as direct adjustments is appropriate because disallowing

such adjustments would provide an incentive to report positive billing

adjustments on an unacceptably broad basis in order to reduce NV and

margins. That is, if we were to disregard positive billing adjustments,

which would be upward adjustments to NV, respondents would have no

incentive to report these adjustments in the most specific and non-

distortive manner feasible. See AFBs V at 66498.

Comment 1: Torrington asserts that some respondents reported home-

market discounts, rebates, and post-sale price adjustments (PSPAs) by

allocating amounts across all sales or across all sales to a given

customer, even when some sales were not entitled to the adjustment.

Torrington cites the CAFC's decision in Torrington I (at 1047-51),

arguing that direct PSPAs must be reported on a sale-specific basis in

order for the Department to make a downward adjustment to NV and that

the Department may not make an adjustment for improperly allocated

direct expenses as if these were indirect expenses. Torrington contends

that the new statute retains the distinction between direct and

indirect selling expenses, citing sections 772(d)(1)(B) and (D) and

section 773(a)(7)(B) of the Tariff Act. Petitioner argues that, while

the discussion in the SAA at 823-824 demonstrates the intention to

continue the practice of allowing allocations when allocations were

non-distortive, this statement is no longer valid because it was

written in 1994, prior to Torrington I, when the Administration held

the belief that its practice was sustained by the courts. Therefore,

Torrington asserts, the Department should deny all rebates, discounts,

and PSPAs that respondents did not report on a transaction-specific

basis or which they did not allocate in such a manner as to be

tantamount to reporting on a transaction-specific basis.

FAG, Koyo, Nachi, NSK, and SKF argue that the Department should

make direct adjustments to price when the allocation of PSPAs is

reasonable and not distortive and that such practice conforms with the

SAA and the new regulations at 351.401(g)(1). Koyo, Nachi, NSK, and SKF

contend that, in Torrington I, the CAFC did not disallow an adjustment

merely because it involved an allocation. According to respondents, the

court stated that, regardless of the allocation method, the Department

could not treat direct price adjustments as indirect selling expenses,

but the court did not address the propriety of the allocation

methodology. Additionally, respondents claim, the allocation of these

expenses does not detract from their relation to particular

transactions, thereby making them direct expenses and deductible from

price.

NSK further argues that the Department need not disallow price

adjustments simply because the respondent is unable to report these

expenses on a sales-specific basis (citing Smith-Corona v. United

States, 713 F. 2d 1568, 1580 (CAFC 1983)). Additionally, Koyo argues

that the Department treated the PSPAs properly as direct adjustments to

gross price,

[[Page 54050]]

rather than as direct or indirect selling expenses, since they are

corrections to the sales price and do not arise as a result of

preparing the merchandise for sale or from selling activities.

NTN contends it reported such adjustments on a transaction-specific

basis. Therefore, NTN claims that Torrington's arguments do not apply

to its response.

Department's Position: We agree with FAG, Koyo, Nachi, NSK, SKF,

and NTN. As we discussed in the introductory remarks to this section,

our practice is not to reject an allocation of price adjustments when

it was not feasible for a respondent to report the adjustments on a

more specific basis, provided that the allocation method the respondent

used does not cause unreasonable inaccuracies or distortions.

We see no conflict between Torrington I and our acceptance of

allocated price adjustments subject to the above conditions because the

CAFC did not address the propriety of the allocation methods

respondents used in reporting the price adjustments in question.

Although the CAFC appeared to question whether price adjustments

constituted expenses at all (see Torrington I at n.15), it held that,

assuming the adjustments were expenses, they had to be treated as

direct selling expenses and could not be used to offset the deduction

of U.S. indirect selling expenses. The CAFC did not find that such

price adjustments could not be based on allocations. In fact, such a

holding would have been inconsistent with the CAFC's prior holding in

Smith-Corona Group v. United States, 713 F. 2d 1568, 1580-81 (CAFC

1983), which the Torrington I court did not question.

Comment 2: Torrington asserts that, if the Department accepts

allocated PSPAs as a direct adjustment to NV in these reviews, it

should not follow the method it used in the 1994/95 administrative

reviews to determine whether the allocations are distortive. Rather,

Torrington argues, the Department should judge all allocations using

product-specific sales information. Torrington notes that different

classes or kinds of AFBs cannot be deemed similar for purposes of

expense allocations because the Department found in the original less-

than-fair-value proceeding that there are several ``classes or kinds''

of bearings, each requiring a separate proceeding. Torrington explains

that the physical characteristics of non-subject merchandise should not

be considered similar to those of subject merchandise for purposes of

expense allocations. Torrington argues that, if the physical

characteristics of an out-of-scope bearing are considered similar to

those of an in-scope bearing for purposes of allocating price

adjustments, then the former should be included within the scope of the

order.

FAG, Koyo, NSK, and SKF assert that the Department's 1994/95 review

methodology used to determine the distortiveness of the allocation of

PSPAs is sufficient. These respondents contend that the Department has

reviewed the propriety of their allocation methodologies correctly by

considering those products receiving allocated expenses according to

the value and physical characteristics of the products and the manner

in which they were sold. FAG, Koyo, NSK, and SKF contend that there is

no evidence that the Department's methodology allowed disproportionate

allocations of PSPAs across subject and non-subject merchandise and

conclude that the Department should continue their use.

NTN asserts that Torrington's argument concerning the Department's

methodology for determining distortiveness of allocations does not

apply to it because it reported discounts on a product-specific basis.

Department's Position: We agree with FAG, Koyo, NSK, NTN, and SKF.

As stated above in the introductory remarks to this section, in

determining the propriety of respondents' allocation methodologies for

price adjustments, we have not rejected an allocation method solely

because the allocation includes adjustments granted on merchandise that

is not subject to these reviews (out-of-scope merchandise). However, we

did not accept such allocations where we had reason to believe that a

respondent granted such adjustments in disproportionate amounts with

respect to sales of out-of-scope and in-scope merchandise. We have made

this determination by examining the extent to which the out-of-scope

merchandise included in the allocation pool is different from the in-

scope merchandise in terms of value, physical characteristics, and the

manner in which it was sold. Significant differences in such areas may

increase the likelihood that respondents granted price adjustments in

disproportionate amounts with respect to sales of in-scope and out-of-

scope merchandise.

Comment 3: Torrington contends that the Department should disallow

certain discounts NTN Japan reported. Torrington argues that, based on

documentation the Department obtained at verification which relates to

the negotiation of certain discounts, NTN Japan's reported discounts

were not granted on a customer-and product-specific basis and were not

limited to subject merchandise. In addition, Torrington asserts that

evidence on record indicates that these adjustments may not be

discounts but, rather, may be claims for a different kind of adjustment

for which, Torrington asserts, NTN has not met the Departmental

standard.

NTN Japan maintains that negotiating discounts is a part of its

normal business activity and that the Department verified its reported

discounts in detail and found that they were granted on a customer-and

product-specific basis. NTN asserts that Torrington's argument is based

improperly on limited documentation included on the record and it fails

to consider the overall verification by the Department officials, which

included the examination of numerous documents relevant to these

discounts which were not entered on the record. NTN notes that the

Department is not required to enter all documents examined during

verification on the record.

Department's Position: We disagree with the petitioner. We verified

this discount and found that NTN granted it ``by product for each

customer.'' In addition, it meets the Department's standard for a

discount. We reached this conclusion after reviewing numerous documents

at verification, although we did not include all reviewed information

was included in the record as a verification exhibit. (See Verification

Report dated May 8, 1997, at 5.) Therefore, petitioner's argument

regarding whether the discount should be treated as something other

than a discount is incorrect.

Comment 4: Koyo contends that the Department correctly accepted one

of its billing adjustment claims (designated BILADJ1H in the response)

but inexplicably failed to accept the other billing adjustment claim

(designated BILADJ2H in the response). Koyo contends that both billing

adjustments have been accepted in past AFB and tapered roller bearing

(TRB) administrative reviews and that there have been no changes in its

reporting methodology since the completion of those reviews.

Torrington argues that both of Koyo's billing adjustments, which it

reported on a customer-specific basis, should be rejected. Torrington

contends that BILADJ1H, which it claims was granted on a model-specific

basis but was reported on a customer-specific basis, and BILADJ2H,

which it claims was granted on a lump-sum basis, should both be

rejected as both reporting methods result in the application of

[[Page 54051]]

price adjustments to transactions which were not subject to these

adjustments.

Department's Position: With respect to BILADJ1H, Koyo granted the

adjustment amount on a customer- and model-specific basis. Koyo then

totaled the price adjustments granted and sales of subject merchandise

sold to each customer to calculate an overall adjustment factor per

customer in order to allocate the adjustment over subject merchandise

sales to the respective customer. Our examination of the record leads

us to conclude that, while Koyo has paper records of the adjustment, it

is not feasible for Koyo to retrieve the information electronically or

to allocate this adjustment more specifically, given the large volume

of transactions involved, the level of detail contained in Koyo's

normal accounting records, and the time constraints imposed by the

statutory deadlines under which all parties must operate. Therefore, we

have accepted Koyo's reporting methodology for these billing

adjustments.

With respect to BILADJ2H, Koyo granted both lump-sum adjustments

which it negotiated with its customers without reference to model-

specific selling prices and some adjustments which it granted on a

model-specific basis but which Koyo reported on a customer-specific

basis. Koyo allocated BILADJ2H to subject merchandise on the basis of

sales value.

We have reconsidered our disallowance of BILADJ2H for the

preliminary results and now agree with Koyo that we should allow its

lump-sum billing adjustments as a direct adjustments to NV. We

determine that Koyo acted to the best of its ability in reporting this

information using customer-specific allocations. Given the fact that

Koyo's records do not readily identify a discrete group of sales to

which each billing adjustment pertains and the extremely large number

of POR sales Koyo made, it is not feasible for Koyo to report this

adjustment on a more specific basis. Moreover, we are satisfied that

Koyo's allocation methodology across subject merchandise by sales value

was not distortive.

Comment 5: Torrington argues that FAG Germany reported HM rebates

improperly. Torrington notes that, while some rebates were payable only

in connection with purchases of certain types of products, FAG reported

these rebates on a customer-specific basis, creating the likelihood

that some rebates were reported on sales when no rebates were actually

paid. For this reason, Torrington asserts that the Department should

deny the claimed adjustment.

FAG argues that it reported all rebates properly so that no rebates

were reported where they did not apply. For customer-specific rebates,

FAG claims it reported instances where the rebate was applicable to

only certain products and factored the rebate only over sales of those

products.

Department's Position: We disagree with Torrington. As Exhibit B-6

of FAG's questionnaire response dated September 9, 1996 demonstrates,

FAG allocated its rebates on a customer-specific basis over sales only

of those products that actually received rebates. Therefore, we

determine that FAG's methodology for reporting rebates is reasonable

and not distortive, and, in accordance with our policy, we have

accepted FAG's HM rebates as reported.

Comment 6: Torrington argues that the Department should disallow

certain post-sale price adjustments which SKF Germany reported in an

inaccurate manner. Torrington contends that SKF Germany reported

support rebates to distributors in a manner different from the manner

in which the rebate was actually granted and, therefore, the Department

should reject the adjustment to price. Torrington purports that,

whereas SKF determines eligibility by comparing SKF Germany's invoice

price to the reseller's invoice price, the reporting methodology

allocates the rebate across all sales to the reseller, thereby

reporting rebates on sales where none actually occurred.

Additionally, Torrington argues that the Department should reject

SKF Germany's billing adjustment 2 in the HM, as it was not reported in

an accurate manner. Petitioner contends that customer-specific

reporting of the adjustment is not accurate unless the adjustment

applies equally to all sales to that customer. Torrington also asserts

that SKF did not report the timing of such billing adjustments

accurately. Furthermore, Torrington points out that SKF was able to

report such billing adjustments on a transaction-specific basis for

U.S. sales but did not explain why it was unable to report the same

adjustment on a transaction-specific basis for HM sales.

Finally, Torrington claims that it should not be responsible for

demonstrating the distortive nature of such allocations because it does

not have access to information which would allow such demonstration.

Torrington maintains that it is SKF Germany's responsibility to produce

evidence to demonstrate that its methodology is not distortive.

Torrington concludes that, while the Department requested additional

information for purposes of determining the distortiveness of such

allocations, SKF Germany responded in a general, non-specific manner,

precluding such a judgment by the Department.

SKF Germany argues that the Department was correct in accepting

support rebates and billing adjustment 2 as adjustments to HM price.

SKF Germany contends that Torrington is incorrect in arguing that SKF's

reporting methodology regarding support rebates is likely to result in

rebates on sales where none actually occurred. SKF Germany notes that,

for each customer for whom SKF reported a support rebate, it actually

granted a rebate to that customer and the actual amount granted does

relate to the totality of sales to that customer. SKF Germany argues

that the allocation of the rebate on aggregate sales to that customer

is proper since the amount is based on sales of the customer, not sales

of SKF Germany to the customer. As such, SKF states that it reported

the rebate in exactly the manner in which it was incurred.

SKF Germany also disagrees with Torrington concerning billing

adjustment 2, arguing that this billing adjustment applies only in

instances where transaction-specific attribution was not possible. SKF

disagrees further with Torrington's argument that SKF USA's ability to

report billing adjustments on a transaction-specific manner supports

Torrington's contention that the adjustment should be disallowed in the

HM. Rather, SKF contends this difference in reporting methodology

supports the allowance of SKF Germany's billing adjustment 2 because it

demonstrates the two types of billing adjustments the two companies

made. SKF USA only grants transaction-specific billing adjustments

(billing adjustment 1), while SKF Germany grants rebates associated

with a specific transaction (billing adjustment 1) and those that are

not linked with a particular transaction (billing adjustment 2).

Department's Position: We agree with SKF Germany regarding our

treatment of support rebates and billing adjustment 2. We find that SKF

Germany's allocation methodologies are not unreasonably distortive. Due

to the nature of the support rebates, transaction-specific reporting is

not appropriate. SKF Germany grants these rebates to distributors/

dealers to ensure that they obtain a minimum profit level on sales to

select customers. Hence, because SKF Germany does not issue these

rebates based on specific sales to the distributor/dealers but rather

on the sales of the distributors/dealers, SKF Germany cannot report

transaction-

[[Page 54052]]

specific rebate amounts. Rather, SKF Germany has allocated the rebates

it granted to a specific customer over all sales to that customer. SKF

Germany's allocation methodology is not unreasonably distortive, as we

are satisfied that each adjustment was granted in proportionate amounts

with respect to the value of sales of in-scope and out-of-scope

merchandise.

With respect to billing adjustment 2, SKF Germany reported billing

adjustments not associated with a specific transaction. SKF Germany

could not tie these adjustments to a specific transaction because the

billing adjustments it reported in this field were part of credit or

debit notes, issued to the customer, that related to multiple invoices,

products, or invoice lines. In these cases, the most feasible reporting

methodology that SKF Germany could use was a customer-specific

allocation, given the large volume of transactions involved in these

AFB reviews and the time constraints imposed by the statutory

deadlines. Furthermore, we found that the products which received the

adjustment were similar in terms of value, physical characteristics,

and the manner in which they were sold. For these reasons, we find that

this methodology is not unreasonably distortive.

We agree with Torrington that it should not be responsible for

demonstrating the distortive nature of this allocation; rather it is

the responsibility of the respondent to demonstrate that its

methodology is not unreasonably inaccurate or distortive. SKF Germany

has satisfied this responsibility with regard to the reporting of its

support rebates and billing adjustment 2 with adequate explanation in

its response. SKF Germany demonstrated that its allocation methodology

was reasonable and that the AFB products over which it allocated a PSPA

were similar in terms of value, physical characteristics and the method

in which they were sold.

Comment 7: INA argues that the Department did not transfer negative

billing adjustments from the HM sales database submitted by INA to the

HM sales file used for the preliminary results, since the Department

did not include in its preliminary results calculations the negative

billing adjustments INA reported in the Department's preliminary

results calculations. INA claims that this is a clerical error and that

this error should be corrected in the final results.

In rebuttal, Torrington contends that the Department should

disallow all of INA's claimed downward billing adjustments in

calculating NV because INA provided only a brief description of its HM

billing adjustments which did not indicate whether the adjustments were

limited to in-scope merchandise. Torrington argues that the CAFC held

that direct PSPAs must be reported on a sale-specific basis before the

Department can make a downward adjustment in calculating NV.

Department's Position: We disagree with INA. We do not view the

omission of downward HM billing adjustments as a clerical error and

have disallowed this adjustment for the final results. As we discussed

in the introductory remarks to this section, our practice is to accept

claims for discounts, rebates, and other billing adjustments as direct

adjustments to price if we determined that the respondent, in reporting

these adjustments, acted to the best of its ability and that its

reporting methodology was not unreasonably distortive (see section 776

of the Tariff Act).

In our supplemental questionnaire dated January 23, 1997, we

requested specifically that INA provide additional information to

explain and demonstrate the nature of its reported billing adjustments

and how they were incurred and recorded in INA's accounting system, as

well as to demonstrate that the allocations were not unreasonably

distortive. In INA's February 12, 1997 supplemental questionnaire

response at page 16, the firm provided only a brief description of its

HM billing adjustments by stating that all were made strictly on a

transaction-specific basis and were made in cases in which INA Germany

had to correct billing errors and in cases where the prices were

definitely agreed upon with the customers after the shipments. However,

INA did not provide sufficient evidence to demonstrate that the

allocations of downward billing adjustments were limited to in-scope

merchandise or were not otherwise unreasonably distortive. Because

there is nothing on the record to support the accuracy of INA's claim,

we have denied the adjustment.

As we mentioned in the introductory remarks at the beginning of

this section, when we reject a respondent's allocation of price

adjustments, we only reject the downward adjustments to NV. Therefore

for these final results, we have included INA's upward billing

adjustments in our analysis.

3. Circumstance-of-Sale Adjustments

3.A. Technical Services and Warranty Expenses

Comment 1: Torrington argues that the Department should treat

certain of NTN's U.S. technical service expenses as direct rather than

indirect selling expenses. Torrington asserts that NTN's supplemental

questionnaire response did not meet the burden of demonstrating the

indirect nature of the technical service expenses and, therefore,

maintains that the Department should treat such expenses as direct

selling expenses.

NTN argues that it responded adequately to the Department's

supplemental inquiries regarding NTN's reported U.S. technical service

expenses and notes that Torrington misread the question the Department

posed in its supplemental questionnaire. NTN argues further that, if

the Department determined that the technical service information

provided in its responses did not demonstrate the indirect nature of

such expenses, the Department would have requested NTN to submit

additional information. NTN maintains that the manner in which it

reported the expense in these reviews is based on the same methodology

with which it reported the expense in the 94/95 administrative reviews

and states that, in those reviews, the Department accepted NTN's

methodology of reporting this expense.

Department's Position: We disagree with Torrington. In its

supplemental response, NTN explained that the expenses are fixed

expenses and do not vary with sales volumes. Therefore, because we are

satisfied with NTN's responses to our questions, we have treated these

expenses as indirect in nature.

Comment 2: Torrington asserts that SKF Germany under-reported its

direct warranty expenses with regard to U.S. sales and that the

Department should recalculate the direct adjustment to U.S. prices for

warranty claims, including a facts-available amount for additional

expenses which SKF Germany did not report properly. Torrington explains

that, while SKF Germany reported the cost of replacement bearings as a

direct warranty expense in the U.S. market, elsewhere in its response

SKF Germany describes that in its warranty activities it incurs

expenses associated with ``customer contact, processing warranty

claims, testing of bearings, and directing the shipment of defective

and replacement bearings.'' Therefore, petitioner claims, SKF Germany

incurs direct expenses other than merely the replacement cost of

bearings and the

[[Page 54053]]

Department must account for these expenses in its calculations.

SKF Germany disagrees with Torrington's contention that direct

warranty expenses for SKF USA were under-reported and that the

Department should apply facts available, arguing that certain expenses

which Torrington considers to be direct are indirect expenses and were

reported properly as such.

Department's Position: We disagree with Torrington. Based on our

analysis of the information SKF Germany submitted in these reviews, we

agree with SKF Germany that it referred to fixed types of expense

activities correctly, such as salary expenses for customer service

representatives and salesmen who make customer contacts and process

warranty claims as well as salary expenses for application engineers

who test bearings and other internal testing expenses, as indirect

expenses. Because these are fixed expenses, it was proper to report

them as indirect expenses. Because there are no other issues with

respect to SKF Germany's reporting of its U.S. direct warranty

expenses, we have accepted SKF Germany's U.S. direct warranty expenses

as reported for these final results.

3.B. Credit

Comment 1: Torrington contends that the adjusted price SKF Germany

used to calculate credit expenses in the HM differed in its adjustments

from the adjusted price used to calculate credit expenses in the U.S.

market. According to Torrington, the adjusted price SKF Germany used in

the U.S. market calculation included a deduction of cash discounts from

the gross unit price incorrectly, though the HM adjusted price did not

reflect such a deduction. Torrington contends that, because the

calculation in the U.S. market was therefore lower, the result is an

under-reporting of U.S. credit expenses. Because SKF Germany reported

cash discounts in both the United States and the HM, Torrington asserts

that the Department should recalculate reported credit expenses using

fully adjusted prices in the calculation or apply facts-available

information.

SKF Germany argues that it has not changed its methodology of

calculating credit expense from that it used in prior reviews and notes

that the Department has accepted it in prior reviews.

Department's Position: We agree with Torrington. SKF Germany

calculated U.S. credit expense based on prices net of cash discounts

but did not include deductions for reported cash discounts in the

adjustment of prices SKF Germany used for calculation of HM credit

expense. We have recalculated SKF Germany's HM credit expenses based on

adjusted prices net of discounts for these final results.

Comment 2: Torrington contends that the Department should

recalculate NTN's U.S. credit expense because NTN reported a customer-

specific average credit expense rather than a transaction-specific

credit expense. Torrington argues that reporting credit expense on an

average basis may be distortive in cases where not all U.S. sales are

dumped. Torrington points out that NTN has provided the necessary

information on the record to recalculate a transaction-specific credit

expense.

NTN rebuts Torrington's argument that its credit expense should be

recalculated and points out that the Department has accepted NTN's

methodology of reporting an average credit expense in all previous AFB

administrative reviews. NTN argues that the only argument raised by

Torrington, that reporting credit expense on an average basis may yield

distortive results, is a statement applicable to dumping in general and

is not specific to NTN's calculation of NTN's reported credit expense.

Department's Position: We agree with Torrington with regard to CEP

sales. We have data on the record which allows us to calculate

transaction-specific credit expense for CEP sales. Therefore, we have

recalculated NTN's credit expense using the dates of payment which NTN

reported. However, Torrington is incorrect in asserting that NTN

reported transaction-specific payment dates for EP sales. NTN does not

maintain its payment records in a manner which allows it to provide us

with transaction-specific payment dates for EP sales to the United

States (see NTN's September 9, 1996 submission at C-15). Therefore, in

these reviews, as in past reviews, we are allowing NTN to calculate its

U.S. credit expense for EP sales for each customer on the basis of the

average number of days that receivables are outstanding. See AFBs VI at

201.

3.C. Indirect Selling Expenses

Comment 1: Torrington acknowledges that section 351.402(b) of the

Department's new regulations directs the Department to deduct only

those indirect expenses associated with sales to the unaffiliated

customer in the United States and not those expenses which relate to

the sale by the exporting company to the affiliated sales company in

the United States. However, because SKF Germany has not provided

adequate descriptions that would allow the Department to determine

whether the expenses are associated with the sale to the affiliated

company in the United States or with the subsequent resale to the

unaffiliated U.S. customer, Torrington contends that the Department

should deduct all indirect expenses incurred in Germany from CEP.

Torrington argues that, because Koyo attributed certain indirect

selling expenses to its sales through its U.S. subsidiary, these

expenses are related to sales to unaffiliated customers in the United

States and the Department should deduct such expenses from CEP.

With regard to NSK, Torrington argues that the Department should

deduct indirect selling expenses NSK incurred in Japan from CEP if they

are associated with sales to the unaffiliated customer in the United

States because NSK has not provided adequate descriptions which would

allow the Department to determine with certainty whether indirect

expenses incurred in Japan were associated with the sale to NSK's U.S.

affiliate or with the subsequent resale to the unaffiliated U.S.

customer. Citing NSK's chart of selling functions, Torrington asserts

that it appears from the record that all of these expenses are related

to U.S. resales, rather than sales to the U.S. affiliate, and argues

that the Department should deduct all of these indirect expenses from

CEP. Torrington argues that, at a minimum, the Department should regard

the advertising component of NSK's indirect selling expenses incurred

in Japan as associated with the resale to the unaffiliated U.S.

customer and deduct the amount therefor from CEP.

Torrington argues that FAG has not demonstrated that certain

expenses are associated with its sales to the U.S. affiliate rather

than to the unaffiliated customers. Torrington contends that certain

printing costs could be incurred in connection with sales to

unaffiliated customers and, as such, the Department should deduct such

expenses from CEP.

SKF Germany argues that the Department should not deduct these

expenses from CEP because SKF Gleitlager and SKF GmbH incur the

expenses with respect to their sales to SKF USA, not with respect to

SKF USA's sales to the unaffiliated U.S. customer. SKF claims that the

Department may only make such a deduction when these expenses are

incurred in Germany with respect to sales in the United States to the

unaffiliated customer.

Koyo states that Torrington has mischaracterized Koyo's commercial

structure, which it states has remained unchanged from prior reviews.

Koyo

[[Page 54054]]

further contends that the Department has verified that Koyo produces

the subject merchandise and ships it to its U.S. affiliate, not the

ultimate customer in the United States, and that its U.S. affiliate

inventories the product and ultimately negotiates with and sells the

merchandise to the unaffiliated U.S. customer. Thus, Koyo argues, its

expenses attributable to U.S. sales are almost exclusively incurred in

its transactions with its U.S. affiliate, not in that affiliate's

transactions with the unaffiliated customers.

NSK argues that the indirect selling expenses to which Torrington

refers were all associated with NSK's sales to its U.S. affiliate. NSK

notes that Torrington asked the Department to request more information

regarding these expenses in a supplemental questionnaire and asserts

that, because the Department did not ask NSK any questions regarding

these expenses, the Department must have been satisfied with NSK's

explanation. With regard to advertising expenses, NSK asserts that this

expense is general international advertising which the foreign parent

incurred and is not related to NSK's sales to unaffiliated customers

and, therefore, the Department should not make such a deduction from

CEP.

FAG argues that there is nothing on the record to support

Torrington's assertion that certain selling expenses could be incurred

with regard to sales to unaffiliated customers. FAG argues that it

reported these expenses properly for the following reasons: (1) They

are exclusively related to the sales relationship between FAG Germany

and FAG US; (2) they are not a direct advertising cost of FAG US

incurred by FAG Germany; (3) they are in no way related to economic

activity occurring in the United States and are therefore not

deductible from CEP.

Department's Position: As we stated in AFBs VI at 2124, we will

deduct only those expenses associated with economic activities in the

United States which occurred with respect to sales to the unaffiliated

U.S. customer. We found no information on the record for this review

period to indicate that the indirect selling expenses SKF Germany,

Koyo, NSK, or FAG incurred in their respective HMs were incurred on

sales to the unaffiliated customer in the United States. Regarding NSK,

the evidence on the record does not suggest that NSK incurred these

expenses, including advertising expenses, on its U.S. affiliate's sales

to unaffiliated customers in the United States. Rather, the U.S.

affiliate does its own advertising in the United States which we have

deducted from CEP as a direct expense. Furthermore, NSK has cooperated

with all of our requests for information with regard to indirect

selling expenses. Deducting these expenses from CEP on the basis of

Torrington's speculation that there is a possibility that respondents

may have incurred them on the U.S. affiliates' resales would be

inappropriate. Therefore, because indirect selling expenses respondents

incurred in the foreign countries were not related specifically to

commercial activity in the United States, we did not deduct them from

CEP.

Comment 2: FAG claims the Department treated certain other HM

direct selling expenses improperly as indirect selling expenses. FAG

argues that, while it incurs an indirect expense regardless of whether

a particular sale takes place, the other expenses were related directly

to the distributor's sale of a particular bearing to an unrelated

original equipment manufacturer (OEM) at the behest of FAG. FAG asserts

that it explained in its questionnaire response that the direct credit

to this distributor is functionally equivalent to a commission because

it is a payment to the distributor on account of its sale to FAG's OEM

customer. FAG contends that the Department should not consider this

expense as an indirect selling expense since it incurred the expense

with respect to a particular customer. Furthermore, FAG claims that

allocation of a direct expense on a customer-specific basis is

reasonable and proper when transaction-specific reporting is not

possible, citing the SAA at 823-824.

Torrington counters that the selling expenses under contention

should not be classified as direct selling expenses as FAG requests

because FAG has not demonstrated how these are tied to a specific

transaction. Torrington points out that the Department requested

information from FAG which could demonstrate how the distributor's sale

to its customer was tied directly to FAG's sale to the distributor and

that FAG answered that there was no direct tie between the two sales.

Since FAG did not link these payments directly to sales it made to the

distributor, Torrington asks that the Department continue to treat

these payments as indirect expenses.

Department's Position: We disagree with FAG. As Torrington

observes, we asked FAG in a supplemental questionnaire ``[i]f there is

a direct * * * tie between your sales and the customer's sales for

which this expense is incurred, please explain the tie and submit

documentary evidence to support your claim,'' to which FAG responded

``[t]here is no direct tie between FAG's reported sales to the

distributor and the sales of the distributor that generate the payment

or credit.'' See FAG KGS Section A-D Supplemental Response dated

December 10, 1996 at 30. FAG acknowledges in its case brief that this

expense is ``directly related to the distributor's sale of a particular

bearing to an unrelated OEM at the behest of FAG.'' See FAG's German

Case Brief dated June 30, 1997. Because the expense is related directly

to the distributor's sale, FAG would have to demonstrate that there is

a direct tie between its sales to the distributor and the distributor's

sale that generates the payment for us to regard this as a direct

expense. As noted above, FAG did not demonstrate such a tie.

FAG argues that this expense is functionally equivalent to a

commission. We note, however, that ``[g]enerally speaking, a commission

is a payment to a sales representative for engaging in sales activity,

normally on behalf of the seller but occasionally on behalf of the

customer'' and that ``the key question * * * is whether there was one

transaction between [the respondent] and the ultimate purchaser in

which the trading companies acted as [the respondent's] sales

representatives for a commission `` or `` whether there were two

transactions, one in which the trading companies bought from [the

respondent] and received a [payment or credit] for that initial sale

and the ultimate purchaser then bought from the trading companies.''

See Certain Cold-Rolled Carbon Steel Flat Products From Germany; Final

Results of Antidumping Duty Administrative Review, 60 FR 65264 at

65278. In the instant situation, there are two transactions, one from

FAG to the distributor and one from the distributor to the downstream

customer (e.g., sales to the unaffiliated third party). Thus, these

expenses cannot be considered a commission. Finally, we note that FAG

did not demonstrate that these payments were contemplated at the time

of sale to the distributor. Therefore, because this expense is related

to a downstream sale and not to the sales which FAG reported, this

expense is an indirect selling expense, not a direct selling expense or

a commission.

Finally, we did not treat these selling expenses as indirect

because they were allocated on a customer-specific basis. Had we

concluded that the expense was direct in nature but that FAG had failed

to report it to the best of its ability or that its allocation was

unreasonable, we would have denied the adjustment entirely. The fact

that FAG allocated this expense did not enter into our

[[Page 54055]]

decision to treat it as an indirect expense. As stated above, we

treated these selling expenses as indirect expenses because FAG did not

demonstrate that there is a direct tie between its sales to the

distributor and the distributor's sale that generates the payment.

Comment 3: Torrington contends that NTN excluded certain expenses

improperly from the category of reported U.S. indirect selling expenses

and states that, for the purpose of the final results, the Department

should deduct these expenses from CEP.

NTN argues that the Department has rejected Torrington's claim

previously that the expenses to which Torrington refers were excluded

from the category of reported U.S. indirect selling expenses

improperly. NTN points out that, in the 1994/95 administrative reviews,

the Department found that NTN's reporting of such expenses was not

unreasonably distortive. NTN asserts that it has used the same

methodology to report this category of expenses in the current reviews

and, therefore, Torrington's argument is baseless.

Department Position: We agree with NTN. Having verified these

expenses in past reviews and found the adjustments to be reasonable, we

accepted them in the 1994/95 administrative reviews. See AFBs VI at

2105. For these reviews, after examining the record, we asked

supplemental questions which NTN answered appropriately. Inasmuch as

the record in these reviews indicates no reason that a different

methodology should be used, we have accepted NTN's adjustments to its

reported U.S. indirect selling expenses.

Comment 4: NTN Japan contends that the Department should

recalculate NTN Japan's U.S. selling expenses to reflect its reported

indirect-selling-expenses level-of-trade allocations. NTN Japan argues

that the Department intended to calculate NTN Japan's U.S. selling

expenses based on the reported levels of trade but did not do so in its

preliminary calculations. NTN Japan maintains further that, in the

1992/93 TRB administrative review in which NTN Japan was involved, the

Department accepted NTN Japan's level-of-trade-based U.S. selling

expenses because it concluded that it prevents distortions.

Torrington contends that the Department should reject NTN Japan's

reported selling expense allocations based on level of trade.

Torrington states that, for the preliminary results, the Department

recalculated NTN Japan's U.S. selling expenses without regard to level

of trade correctly. Torrington states further that, in AFBs VI, the

Department rejected NTN Japan's allocation methodology because it was

distortive and unsubstantiated. Finally, Torrington states that NTN

Japan's cite to the TRB case is misplaced because, in that case, the

Department recalculated NTN Japan's U.S. selling expense allocations

based on level of trade as a result of other problems inherent in NTN

Japan's response.

Department's Position: We agree with Torrington. In AFBs III (and

subsequently in AFBs IV at 10940, AFBs V at 66489, and AFBs VI at

2105), we determined that NTN Japan's indirect-selling-expense

allocation methodology based on levels of trade bears no relationship

to the manner in which it actually incurs these U.S. selling expenses,

which ultimately results in distorted allocations. The CIT upheld this

decision in NTN Bearing Corp. v. United States, 905 F. Supp. 1083 at

1094-95 (1995)(NTN III). NTN Japan did not provide record evidence to

substantiate its claim that its indirect selling expenses are

attributable to and vary by its reported levels of trade. Therefore,

for these final results, we have maintained the recalculation of NTN

Japan's U.S. indirect selling expenses we made for the preliminary

results to represent such selling expenses for all U.S. sales.

4. Level of Trade

As set forth in section 773(a)(7) of the Tariff Act and in the SAA

at 829-831, to the extent practicable, we have determined NV based on

sales at the same level of trade as the level of trade of the EP or

CEP. When we were unable to find comparison sales at the same level of

trade as the EP or CEP, we compared the U.S. sales to sales at a

different level of trade in the comparison market.

We determined the level of trade of EP on the basis of the starting

prices of sales to the United States. We based the level of trade of

CEP on the price in the United States after making the CEP deductions

under section 772(d) but before making the deductions under section

772(c). Where HM prices served as the basis for NV, we determined the

NV level of trade based on starting prices in the NV market. Where NV

was based on constructed value (CV), we determined the NV level of

trade based on the level of trade of the sales from which we derived

selling, general and administrative expenses (SG&A) and profit for CV.

In order to determine the level of trade of U.S. sales and

comparison sales, we reviewed and compared distribution systems,

including selling functions, class of customer, and the extent and

level of selling expenses for each claimed level of trade. Customer

categories such as distributor, original equipment manufacturer (OEM),

or wholesaler are commonly used by respondents to describe levels of

trade but are insufficient to establish a level of trade. Different

levels of trade necessarily involve differences in selling functions,

but differences in selling functions, even substantial ones, are not

alone sufficient to establish a difference in the levels of trade.

Different levels of trade are characterized by purchasers at different

stages in the chain of distribution and sellers performing

qualitatively or quantitatively different functions in selling to them.

See AFBs VI at 2105.

As in the preliminary results, where we established that the

comparison sales were made at a different level of trade than the sales

to the United States, we made a level-of-trade adjustment if we were

able to determine that the differences in levels of trade affected

price comparability. We determined the effect on price comparability by

examining sales at different levels of trade in the comparison market.

Any price effect must be manifested in a pattern of consistent price

differences between foreign market sales used for comparison and

foreign market sales at the level of trade of the export transaction.

To quantify the price differences, we calculated the difference in the

average of the net prices of the same models sold at different levels

of trade. We used the average difference in net prices to adjust NV

when NV is based on a level of trade different from that of the export

sale. If there was a pattern of no price differences, the differences

in levels of trade did not have a price effect and, therefore, no

adjustment was necessary.

We were able to quantify such price differences and make a level-

of-trade adjustment for certain comparisons involving EP sales, in

accordance with section 773(a)(7)(A). For such sales, the same level of

trade as that of the U.S. sales existed in the comparison market but we

could only match the U.S. sale to comparison-market sales at a

different level of trade because there were no usable sales of the

foreign like product at the same level of trade. Therefore, we

determined whether there was a pattern of consistent price differences

between these different levels of trade in the HM. We made this

determination by comparing, for each model sold at both levels, the

average net price of sales made in the ordinary course of trade at the

two levels of trade. If the average prices were higher at one of the

levels

[[Page 54056]]

of trade for a preponderance of the models, we considered this to

demonstrate a pattern of consistent price differences. We also

considered whether the average prices were higher at one of the levels

of trade for a preponderance of sales, based on the quantities of each

model sold, in making this determination. We applied the average

percentage difference to the adjusted NV as the level-of-trade

adjustment.

We were unable to quantify price differences in other instances

involving comparisons of sales made at different levels of trade.

First, with respect to CEP sales, the same level of trade as that of

the CEP for merchandise under review did not exist in the comparison

market for any respondent except NMB/Pelmec. We also did not find the

same level of trade in the comparison market for some EP sales of

merchandise under review. Therefore, for comparisons involving these

sales, we could not determine whether there was a pattern of consistent

price differences between the levels of trade based on respondents' HM

sales of merchandise under review.

In such cases, we looked to alternative sources of information in

accordance with the SAA. The SAA provides that ``if information on the

same product and company is not available, the level-of-trade

adjustment may also be based on sales of other products by the same

company. In the absence of any sales, including those in recent time

periods, to different levels of trade by the exporter or producer under

investigation, Commerce may further consider the selling expenses of

other producers in the foreign market for the same product or other

products.'' See SAA at 830. Accordingly, where necessary, we attempted

to examine the alternative methods for calculating a level-of-trade

adjustment. In these reviews, however, we did not have information that

would allow us to apply these alternative methods for companies that,

unlike NMB/Pelmec, did not have a HM level of trade equivalent to the

level of the CEP.

The only company for which we made a level-of-trade adjustment for

CEP sales in these final results was NMB/Pelmec. See the discussion at

Comment 7, below. However, we concluded that it would be inappropriate

to apply the level-of-trade adjustment we calculated for NMB/Pelmec to

any of the other respondents. The SAA at 160 states that ``if

information on the same product and company is not available, the

adjustment may also be based on sales of other products by the same

company. In the absence of any sales, including those in recent time

periods, to different levels of trade by the exporter or producer under

investigation, Commerce may consider the selling experience of other

producers in the foreign market for the same product in other

products.'' Because no respondent reported sales in the same market as

NMB/Pelmec (i.e., Singapore), we have not used NMB/Pelmec's data as the

basis of a level-of-trade adjustment for any other respondents.

In those situations where the U.S. sales were EP sales and we were

unable to quantify a level-of-trade adjustment based on a pattern of

consistent price differences, the statute requires no further

adjustments. However, with respect to CEP sales for which we were

unable to quantify a level-of-trade adjustment, we granted a CEP offset

where the HM sales were at a more advanced level of trade than the

sales to the United States, in accordance with section 773(a)(7)(B) of

the Tariff Act.

Comment 1: Koyo, NMB/Pelmec, NTN Germany, SNR France, NSK, and NSK/

RHP contend that the Department's practice with regard to level of

trade effectively precludes a level-of-trade adjustment to NV for CEP

sales and is thus contrary to law and Congressional intent.

NMB, NSK, and NSK/RHP contend that there is no statutory

requirement that a level-of-trade adjustment be based on the full

difference in prices between the HM comparison level of trade and the

HM level of trade equivalent to CEP and suggest that a partial level-

of-trade adjustment is contemplated by the statute. NMB/Pelmec argues

that neither the URAA nor the SAA specifies which two levels of trade

must be the basis for the adjustment. NSK and NSK/RHP contend that the

plain reading of the statute requires that the Department must adjust

NV for CEP sales for the difference between price levels at the two

levels of trade which do exist in the HM. NSK and NSK/RHP argue further

that the Department should at least make such a level-of-trade

adjustment when comparing CEP to HM aftermarket (AM) sales which, they

contend, is more advanced than HM OEM sales because prices are higher

at the HM AM level of trade than at the HM OEM level of trade. Finally,

NSK and NSK/RHP contend that CEP sales should be matched to HM OEM

sales before they are matched to HM AM sales.

Koyo asserts that it and other respondents have proposed to the

Department alternative methods by which the Department could construct

an appropriate HM level of trade by deducting from NV those HM expenses

that correspond to the expenses that are deducted from CEP, but that

the Department has failed to provide a reasonable explanation for

rejecting the proposals.

SNR France contends that its claim for a level-of-trade adjustment

is based on information on the record that demonstrates a consistent

pattern of price differences between OEM and distributor customers.

Moreover, SNR France claims that its OEM sales are made at a level

similar to the CEP level of trade. It suggests that if the CEP and OEM

level of trade were identical (i.e., if selling functions and

activities performed were the same) price differences between OEM and

distributor customers would be even greater. Thus, SNR France asserts,

its claimed adjustment is understated and it is entitled to this

conservative adjustment when CEP sales are compared to HM sales at the

distributor level of trade.

Torrington contends that an analysis of patterns of consistent

price differences between sales at different levels of trade in the HM

cannot be performed absent a HM level of trade equivalent to the level

of trade of the U.S. sale. Torrington also argues that the Department's

requirement that price differences be due to HM level-of-trade

differences before price-based adjustments are allowed is logical since

many factors, not all of which pertain to level of trade, determine

price. Torrington contends further that the balance achieved by the

Department in selecting the appropriate sales to compare in the two

markets on the basis of level of trade would be disturbed if the

Department allowed a level-of-trade adjustment to eliminate a whole set

of price determinants in one market while not removing them in the

other market. Thus, Torrington concludes, the respondents' suggested

level-of-trade adjustment would result in unfair comparisons. Finally,

Torrington argues that Koyo's position concerning alternative methods

is without supporting authority.

Department's Position: We disagree with respondents. Our

methodology does not preclude level-of-trade adjustments to NV for CEP

sales; we made such an adjustment in the case of NMB/Pelmec. Rather, we

did not make a level-of-trade adjustment to NV for CEP sales where the

facts of the case did not warrant such an adjustment.

Based upon our examination of the information on the record, with

the exception of NMB/Pelmec, we found that no respondent in these

reviews had a HM level equivalent to the level of the CEP. Furthermore,

we find no provision in the statute for making a ``partial''

[[Page 54057]]

level-of-trade adjustment. We may make level-of-trade adjustments when

there is ``any difference * * * between the export price or constructed

export price and the [NV] that is shown to be wholly or partly due to a

difference in level of trade between the export price or constructed

export price and the normal value.'' See section 773(a)(7)(A) of the

statute. While respondents seize on the phrase ``wholly or partly'' to

justify a partial level-of-trade adjustment, we interpret this phrase

to mean that we may make a level-of-trade adjustment if only part of

the differences in prices between two levels of trade is attributable

to a difference in levels of trade. In other words, we need not

demonstrate that no factor other than level of trade influenced a

pattern of price differences. Thus, we do not read into this language

of the statute the authority to make a level-of-trade adjustment

between two HM levels of trade where neither level is equivalent to the

level of the U.S. sale.

With regard to SNR's claim that its OEM sales are made at a level

of trade similar to the CEP level of trade and that SNR should be

granted a level-of-trade adjustment when comparing CEP sales to

distributor sales, we found that all of SNR's HM sales are made at a

different level of trade than the level of the CEP. Therefore, for the

reasons enumerated above, it is inappropriate to grant a level-of-trade

adjustment to SNR for its CEP sales.

We disagree with Koyo that we should adopt proposed alternative

methods by which to construct HM levels of trade. We base HM levels of

trade on the respondent's actual experience in selling in the HM. There

is no statutory basis for us to ``construct'' levels in the HM or

elsewhere. Therefore, we have not used Koyo's claimed constructed NV

levels of trade in order to calculate a level-of-trade adjustment for

Koyo's CEP-sales comparisons.

Finally, we disagree with NSK and NSK/RHP that these companies' CEP

sales should be matched to HM OEM sales before they are matched to HM

AM sales. Based upon our examination of the information on the record,

we found that no HM level of trade for either NSK or NSK/RHP had

conclusively more selling functions than another HM level. Rather, the

HM levels of trade each involved different degrees of various selling

functions. We conclude that, for these companies, and for respondents

generally, while the reported HM levels of trade are different from one

another, no HM level of trade is more advanced than any other based

upon the evidence on the record. We also disagree with NSK's and NSK/

RHP's assertion that, because their OEM prices are generally lower than

their AM prices, their OEM levels of trade is less advanced than the

distributor/aftermarket levels of trade. We determine whether one level

of trade is more advanced than another on the basis of the selling

functions performed by a respondent with respect to the two levels of

trade. NSK and NSK/RHP's HM OEM and AM sales are more advanced than the

level of trade of the CEP because comparatively fewer selling functions

are associated with the CEP than are performed for sales to either of

the other levels of trade. Therefore, we have not altered our matching

methodology.

Comment 2: Torrington contends that SKF Germany and SKF Sweden did

not provide adequate information to support their claims for a CEP

offset and requests that the Department deny this adjustment.

Torrington asserts that respondents' explanation of differences in

selling functions between the CEP level of trade and the two HM levels

do not support an offset because an examination of these selling

functions reveals that they are either duplicative, de minimis, equally

applicable to sales to U.S. affiliate and HM sales, or the Department

adjusts for them otherwise. Torrington concludes that the information

respondents provided regarding differences in selling activities is

insufficient for the Department to determine whether respondents' CEP

is less remote than the level of trade of HM OEM sales.

SKF Germany and SKF Sweden assert that the Department determined

correctly that they are entitled to a CEP offset based on differences

in selling activities and functions between the HM levels of trade and

the CEP level of trade. Respondents contend that they substantiated

their CEP-offset claims fully in submissions to the Department,

including the differences in selling functions between HM levels of

trade and the CEP level of trade. SKF Germany contends further that

these claimed differences are ``identical in all material respects'' to

the information the Department verified in the 1994/95 reviews. SKF

Sweden notes that during the current segment of these proceedings the

Department verified the information it provided concerning selling

activities and functions for each level of trade. Respondents assert

that the preliminary results are in accordance with section

773(a)(7)(B) of the Tariff Act and entirely supported by the record. On

this basis, respondents request that the Department reject Torrington's

arguments and continue to grant the CEP offset in the final results.

Department's Position: We disagree with Torrington and determine

that respondents provided adequate factual information to support their

claims that the HM levels of trade are in fact more advanced than the

CEP level of trade. It appears that Torrington may have misinterpreted

the data presented in respondents' submissions. We conducted a thorough

analysis of the information SKF Sweden and SKF Germany submitted on the

record and determined that after deducting respondents' expenses from

CEP pursuant to section 772(d) there exists adequate factual

information to conclude that fewer selling functions are associated

with the CEP than are performed on sales at their HM levels of trade.

Thus, for both respondents, we considered the CEP level of trade to be

different from either HM level of trade and a less advanced stage of

distribution. See Memorandum to Laurie Parkhill, Level of Trade, March

24, 1997, in Import Administration's Central Records Unit (Room B-099

of the main Commerce building (hereafter, B-099)).

For the final results, because we could neither match the CEP level

of trade to sales at the same level of trade in the HM nor determine a

level-of-trade adjustment based on these respondents' HM sales, to the

extent possible we determined NV at the same level of trade as the U.S.

sale to the unaffiliated customer and made a CEP offset in accordance

with section 773(a)(7)(B) of the Tariff Act (see AFBs VI at 2105).

Comment 3: Torrington claims that the Department's pattern-of-

prices analysis does not support a downward level-of-trade adjustment

to NV for differences between SKF France's EP sales matched to HM sales

at the distributor level of trade.

SKF France disagrees with Torrington, arguing that the Department's

adjustment methodology is correct. SKF France asserts that a clerical

error in the Department's analysis memorandum, which reverses the

relative price levels of the two HM levels, misled Torrington into

thinking that the downward adjustment is inappropriate. SKF France

cites to the results of the Department's level-of-trade adjustment

calculations to support that a downward adjustment to NV is appropriate

when matching its EP sales to HM sales at the distributor level.

Department's Position: We disagree with Torrington. We did not err

in making a downward level-of-trade adjustment for SKF France's EP

sales which we matched to HM distributor sales. Torrington's

contentions are based upon a typographical error in the SKF

[[Page 54058]]

France preliminary results analysis memorandum which reversed the price

levels of the HM levels of trade. Therefore, respondent's downward

level-of-trade adjustment was proper.

Comment 4: NTN Japan and NTN Germany state that the Department

should make a price-based level-of-trade adjustment for CEP sales made

at a different level of trade in the United States than the comparison

home market sales. Respondents suggest that using the transaction to

the first unaffiliated U.S. customer prior to the deduction of expenses

pursuant to section 772(d) would be consistent with the use of those

levels of trade in matching U.S. CEP and HM sales and with evidence

demonstrating that different selling activities are performed at each

level of trade that affect price comparability.

Torrington argues that the Department's requirement that price

differences be due to HM level-of-trade differences before price-based

adjustments are allowed is logical since many factors, not all of which

pertain to level of trade, determine price.

Department's Position: We disagree with NTN Japan and NTN Germany.

The statutory definition of ``constructed export price'' contained at

section 772(d) of the Tariff Act indicates clearly that we are to base

CEP on the U.S. resale price, as adjusted for U.S. selling expenses and

profit. As such, the CEP reflects a price exclusive of all selling

expenses and profit associated with economic activities occurring in

the United States. See SAA at 823. These adjustments are necessary in

order to arrive at, as the term CEP makes clear, a ``constructed'' EP.

The adjustments we make to the starting price, specifically those made

pursuant to section 772(d) of the Tariff Act (``Additional Adjustments

for Constructed Export Price''), normally change the level of trade.

Accordingly, we must determine the level of trade of CEP sales

exclusive of the expenses (and associated selling functions) that we

deduct pursuant to this sub-section. With regard to respondents'

characterization of our matching methodology, we generally matched CEP

sales to HM sales on the basis of the level of trade of the resale by

the U.S. affiliate only where all HM levels of trade were more remote

than the level of the CEP. The purpose of this methodology is to use

the CEP offset to deduct indirect selling expenses from NV similar to

those deducted from the U.S. starting price. For example, we were able

to determine the CEP offset ``cap'' for HM OEM sales on the basis of

indirect selling expenses incurred on OEM sales in the United States.

Therefore, because no HM levels of trade reported by NTN Germany or NTN

Japan were equivalent to the level of trade of these respondents' CEP

sales, we were unable to make a level-of-trade adjustment for such

sales.

Comment 5: Torrington argues that the record does not support NSK/

RHP's claim for a CEP offset. Torrington contends that the Department

improperly found that several selling functions associated with the CEP

level of trade are substantially different from the sales functions

associated with the comparison sales in the HM. For instance,

Torrington states that the Department claimed erroneously that, at the

CEP level of trade, little or no advertising was involved. Torrington

states further that the Department determined incorrectly that certain

selling functions (e.g., technical support and strategic and economic

planning) did not apply to the CEP level of trade. With respect to

repacking expenses, Torrington contends that this function is not

involved in the selling process and therefore should not justify a CEP

offset. Citing Certain Corrosion Resistant Carbon Steel Flat Products,

62 FR 18,452 (April 15, 1997), Torrington argues that differences in

selling functions, even substantial ones, may not be enough to warrant

finding different levels of trade. Torrington suggests that the

Department continue to compare prices within the broad comparison

patterns but reject NSK/RHP's claim for a CEP offset based on these

reasons.

NSK/RHP asserts that Torrington compares incorrectly the activities

in which an international distributor engages when selling to a U.S.

national distributor with activities of a U.K. national distributor

selling to customers. Moreover, NSK/RHP contends that, after the

initial error, Torrington then compares a category of expense (e.g.,

advertising) at different points in the chain of distribution and

suggests that the same function is performed by each national

distributor. NSK/RHP contends further that, for CEP sales, it did not

report advertising for its end-user customers because the Department

deducts expenses for the function of advertising to unaffiliated U.S.

customers in the calculation of CEP pursuant to section 772(d) of the

Tariff Act. NSK/RHP notes that it agrees with Torrington that repacking

is not a selling expense within the scope of section 772(d) of the

statute. NSK/RHP therefore suggests that the Department remove

repacking from the CEP-selling-function variable in the final results.

NSK/RHP asserts that the Department should follow the statute as

written and grant a level-of-trade adjustment for CEP matches or, at a

minimum, grant a level-of-trade adjustment for CEP sales matched to HM

aftermarket sales.

Department's Position: We disagree with Torrington. Torrington

compares erroneously activities of an international distributor when

selling to a U.S. affiliate with activities of a U.K. national

distributor selling to customers. As we stated in our March 24, 1997

Memorandum (Id.), we could not determine whether these sales (i.e.,

sales from the international distributor to the U.K. national

distributor) were made at arm's length. Therefore, we did not use these

sales to determine NV or as the basis of any level-of-trade

adjustments. As a result of this determination, we compared sales made

by the U.K. national distributor to customers in the HM with sales made

at the CEP level of trade (i.e., sales made by the international

distributor to the U.S. affiliate). See NSK/RHP's February 6, 1997,

supplemental questionnaire response (Exhibit S-2). Based on our

analysis, we found that, for CEP sales, NSK/RHP did not engage in any

of these selling activities (e.g., freight and delivery arrangement,

inventory maintenance, repacking, pre-sale warehousing and sales

calls). However, we found that, at the HM levels of trade, NSK/RHP

participated in these activities and therefore the HM levels of trade

were substantially dissimilar from the CEP level of trade. Accordingly,

as we explain in our level-of-trade memorandum, we considered the HM

sales to be at different levels of trade and at a more advanced stage

of distribution than CEP.

We agree with Torrington that differences in selling functions may

not be enough in themselves to warrant finding different levels of

trade. However, consistent with our practice in AFB VI, we consider the

class of customer as one factor, along with selling functions and the

selling expenses associated with these functions, in determining the

stage of marketing, i.e., the level of trade associated with the sales

in question. See AFB VI at 2107.

With respect to expenses associated with repacking, please see our

discussion in comment 1 of section 7 of this notice for an explanation

of our treatment of repacking expenses.

Comment 6: Torrington argues, with respect to Barden's HM sales to

government users, that the Department should not have determined that

government users are at a different level of trade than OEM sales.

Torrington asserts that there is no evidence on the record to support

Barden's claim that

[[Page 54059]]

government sales should be treated separately. In addition, Torrington

contends that Barden's assertion that AM sales to airlines and repair

contractors should be treated separately is also unsupported.

Torrington states that Barden has not submitted adequate evidence to

support its claim that AM sales should be treated separately from

distributor sales. Moreover, Torrington claims that Barden's narrative

explanations for certain selling functions (e.g., computer, legal and

accounting, personnel training, advertising, and strategic and economic

planning) do not support the level-of-trade chart found in Exhibit A-4

of Barden's July 23, 1996, Section A Response. Therefore, according to

Torrington, the Department should treat AM sales as being at the same

level as distributor sales.

Barden states that it agrees with Torrington that the Department's

redesignation of its HM level-of-trade categories was in error. Barden

contends that neither the record nor commercial reality supports the

inclusion of these two very distinct and separate channels of

distribution (airline and repair AM contractors and government

customers) under one level of trade. Therefore, according to Barden,

the Department should use the customer category designations Barden

submitted originally in its responses for these final results. Barden

also contends that the Department should designate sales to its EP

customers (e.g., network distribution customers) as Barden originally

identified on the record. Barden asserts that the Department unlawfully

applied a facts-available level-of-trade adjustment to these sales

because Barden allegedly failed to include them in their proper

channels of distribution. Barden contends that it disclosed the types

of selling activities and functions it incurred on its EP sales fully

in its response to the Department's questionnaire.

Department's Position: We disagree with Torrington and Barden.

While we acknowledge that Barden did not provide sufficient evidence to

warrant a distinction for government sales, we disagree with Torrington

that we should treat these sales as OEM sales. Torrington has provided

no evidence nor any references to information on the record that

supports its conclusion. Moreover, there is no evidence on the record

that would suggest that government sales are similar to OEM sales. In

addition, with respect to Barden's assertion that government sales

differ substantially from any of the other level-of-trade categories,

we determined that Barden's narrative explanation does not provide

sufficient information to support its conclusion. Therefore, we have

not changed our analysis from that in our preliminary results with

respect to this issue.

We also disagree with Torrington's contention that we should treat

AM sales as being at the same level as distributor sales. As we

explained in our March 24, 1997 Memorandum (Id.), we found that the

selling activities for level two (e.g., distributors network) differed

from those of level three (e.g., airlines repair contractors (AM sales)

and government customers) in after-sales services and warranties,

advertising, administrative support and personnel training. While we

agree with Torrington's assertion that there are certain discrepancies

between Barden's narrative explanations and its level-of-trade chart,

we have determined that such inconsistencies were not substantial.

Thus, we have not made any changes with respect to this issue.

Finally, we have reexamined our facts-available determination with

respect to Barden's EP sales. Upon further consideration, we determined

that Barden did provide sufficient information concerning the nature of

its customers and the selling functions it performed with respect to

these sales. Therefore, we have accepted Barden's information and have

not applied facts available to these sales for the final results.

Comment 7: Torrington claims that NMB/Pelmec failed to demonstrate

entitlement to either a level-of-trade adjustment or a CEP offset to

its HM prices and that the Department should not make either adjustment

to NV in the final results.

Torrington notes that, in the preliminary results for NMB/Pelmec,

the Department adjusted NV downward in the amount of the CEP offset.

Torrington also notes that NMB admits that its distributor sales in the

HM are at the same level of trade as the CEP level of trade in the

United States. Torrington concludes that, because NMB/Pelmec reported

no distributor sales in the HM during the POR, NMB is entitled to an

adjustment in the form of a CEP offset only if it demonstrated that OEM

sales in the HM were at a more advanced level of trade than the CEP

level of trade. Torrington argues that this is not the case. It notes

that NMB/Pelmec admits that selling expenses, such as after-sales

service/warranties, technical advice and engineering services, and

direct advertising, were all negligible or non-existent and, therefore,

NMB/Pelmec omitted them from the computer-database fields. Torrington

continues that, because these expenses were not reported, NMB/Pelmec

made no visits to customers for these functions. Therefore, Torrington

argues, these functions do not support NMB/Pelmec's claim for a CEP

offset. Torrington notes further that indirect expenses with regard to

solicitation of customer orders were also admittedly negligible. Thus,

Torrington argues, there is no other information on the record to

support NMB/Pelmec's claim that this function is more active in the

case of sales to OEM customers.

Finally, Torrington alleges that NMB/Pelmec reports substantial

activity at the CEP level of trade, which, at a minimum, undermines

NMB/Pelmec's claim that a downward adjustment to NV is needed when

comparison sales are to OEMs. Torrington points to a description in

NMB/Pelmec's financial report of its U.S. affiliate as evidence.

NMB/Pelmec claims that Torrington's characterizations of its sales

are incorrect. It argues that the Department should find that NMB/

Pelmec is entitled to a level-of-trade adjustment and, at a minimum, a

CEP offset whenever CEP sales are not compared to HM distributor sales.

NMB/Pelmec contends that Torrington's claim that it did not report any

distributor sales in the HM during the period is incorrect. NMB/Pelmec

notes that the Department's preliminary findings that NMB/Pelmec did

not report such sales were also incorrect. NMB/Pelmec points out that

the record in this administrative review demonstrates clearly that it

made substantial sales to distributors. Thus, NMB/Pelmec argues that

the Department should have compared CEP sales to HM distributor sales.

NMB/Pelmec asks that the Department correct its findings in the final

results.

In addition, NMB/Pelmec contests Torrington's argument that NMB/

Pelmec has not demonstrated that its HM OEM sales were at a more

advanced level than the CEP level of trade. NMB/Pelmec replies that it

provided detailed descriptions of selling functions for HM OEMs in its

initial and supplemental responses, explaining that most of these

functions were not performed for distributors, in addition to providing

detailed sample support documentation. NMB/Pelmec states that, during

the Department's verification of the 1994/95 administrative review, the

Department verified NMB/Pelmec's claim that it performed more advanced

selling functions for OEMs. NMB/Pelmec alleges that Torrington's claim

appears to be based on confusion regarding the difference between

direct and indirect selling expenses and on its failure to review the

correction regarding selling

[[Page 54060]]

functions NMB/Pelmec made in its supplemental response. NMB/Pelmec

contends that Torrington ignored the supplemental corrections and based

its claims on obvious errors.

Finally, NMB/Pelmec argues that Torrington failed to support its

claim that NMB/Pelmec reported substantial activity at the CEP level of

trade. It notes that the activities to which Torrington refers in NMB/

Pelmec's consolidated financial statement were between NMB/Pelmec's

parent company and its U.S. affiliate, not between NMB/Pelmec and its

U.S. affiliate. Thus, NMB/Pelmec concludes, these activities do not

support Torrington's claim. NMB/Pelmec also notes that the record shows

that its parent company provides the same types of activities to its

other subsidiaries and affiliates.

Department's Position: NMB/Pelmec reported distributor sales for

the POR. We stated incorrectly in our analysis memorandum for NMB/

Pelmec that it only made sales to OEM/trading companies during the

period. This statement was a result of our mis-coding the customer

categories NMB/Pelmec reported when applying our methodology for

identifying the proper level of trade. We have now made the appropriate

changes to calculate NMB/Pelmec's margins properly for these final

results.

We agree with NMB/Pelmec that it is entitled to a level-of-trade

adjustment whenever CEP sales are not compared to HM distributor sales.

We re-examined NMB/Pelmec's response and determined that NMB/Pelmec's

HM distributor sales are equivalent to the CEP level of trade. The

evidence on the record suggests, contrary to Torrington's assertion,

that NMB/Pelmec performs comparatively few selling activities either

for sales to its U.S. affiliate or for HM sales to distributors.

Furthermore, we determined that NMB/Pelmec's HM sales to OEMs are made

at the same level of trade as its HM sales to trading companies but

that these sales are made at a different level of trade than its HM

distributor sales. Accordingly, we attempted to match CEP sales to HM

distributor sales first and we matched CEP sales to OEM/trading company

sales when no HM distributor sales existed. When we matched CEP sales

to HM distributor sales, we made no level-of-trade adjustment or CEP

offset because the sales are made at the same level of trade. When we

matched CEP sales to HM OEM/trading company sales, we made a level-of-

trade adjustment because we found that there was a pattern of

consistent price differences between the two HM levels of trade. See

NMB/Pelmec Final Results Analysis Memorandum dated September 22, 1997.

Finally, because we made a level-of-trade adjustment for

comparisons involving HM OEM/trading company sales, we did not make a

CEP offset for any comparisons of NMB/Pelmec's sales.

Comment 8: Torrington contends that NTN failed to provide record

evidence demonstrating its entitlement to either a level-of-trade

adjustment to NV for CEP sales or a CEP offset for those sales. With

respect to NTN's identification of comparative selling activities,

Torrington argues that, primarily, NTN identifies selling activities

associated with CEP-resale transactions and states that NTN failed to

provide a complete and accurate list of selling activities. In

addition, Torrington contends that NTN did not provide a comprehensive

description of its distribution and selling processes. Torrington also

maintains that the quantification information that NTN provided in its

response lacks the necessary detail to support a level-of-trade

adjustment. Torrington concludes that, for the purpose of the final

results, the Department should not grant NTN either a level-of-trade

adjustment or a CEP offset to NV.

NTN contends that Torrington misreads the Department's questions

and misinterprets NTN's data. NTN argues that, in its response, it

identified distinct selling functions related to the different LOTs in

the United States for both EP and CEP sales. NTN maintains that it

provided responses to the Department's requests for information related

to the selling functions and sales processes performed for, and the

services offered to, each class of customer in both the United States

and HM. NTN argues that it based its responses to the Department's

level-of-trade and channel-of-distribution inquiries on its responses

in the 1994/95 administrative reviews and states that, in those

reviews, the Department accepted NTN Japan's responses.

Department's Position: We disagree with Torrington. NTN Japan

provided adequate factual information to support its claims that its HM

levels of trade are in fact more remote than the CEP level of trade. We

conducted a thorough analysis of the information NTN Japan submitted on

the record and determined that after deducting NTN Japan's expenses

from CEP pursuant to section 772(d) there exists adequate factual

information to conclude that fewer selling functions are associated

with the CEP than are performed on sales at its HM levels of trade.

Thus, for NTN Japan we considered the CEP level of trade different from

all HM levels of trade and at a less-advanced stage of distribution.

For the final results, because we could neither match the CEP level

of trade to sales at the same level of trade in the HM nor determine a

level-of-trade adjustment based on NTN's HM sales, to the extent

possible we determined NV at the same level of trade as the U.S. sale

to the unaffiliated customer and made a CEP offset in accordance with

section 773(a)(7)(B) of the Tariff Act. See our position in response to

comment 4, above.

Comment 9: Torrington contends that, with respect to the customers

to which NTN made EP sales, the Department should not make a level-of-

trade adjustment to NV based on the record evidence developed in the

instant reviews. Torrington asserts that the record contains little

information pertaining to such sales. In addition, Torrington argues

that the information that is on the record is inadequate to warrant a

level-of-trade adjustment.

NTN argues that it has not changed the facts related to these sales

from those of the 1994/95 administrative reviews and states that, in

those reviews, the Department made a level-of-trade adjustment for such

sales. NTN also points out that the Department verified, in detail,

NTN's response as it relates to its claimed levels of trade and found

no discrepancies. NTN asserts that, because the Department made no

further requests for information, the Department has, in essence,

accepted NTN's responses as sufficient to warrant a level-of-trade

adjustment with respect to EP sales it made to both customers.

Department Position: We disagree with Torrington. NTN Japan

provided adequate factual information to support its claims with regard

to the differences and similarities of its HM levels of trade and the

EP level of trade. Therefore, where possible, we matched EP sales to

sales at the same level of trade in the HM and made no level-of-trade

adjustment. Where we matched EP sales to HM sales made at a different

level of trade, in accordance with section 773(a)(7)(A) of the Tariff

Act, we first determined whether there was a pattern of consistent

price differences between these different levels of trade in the HM

and, if so, made a level-of-trade adjustment accordingly.

5. Cost of Production and Constructed Value

5.A. Cost-Test Methodology

Comment 1: INA claims that the Department used CV for NV rather

than seeking to make a family-match comparison where identical HM

[[Page 54061]]

matches existed but were disregarded because they were below cost. INA

contends that this approach is in error because it gives priority to

the use of CV over price-based NV. Citing section 773(a)(4) of the

Tariff Act, INA contends that the Department is to use CV only when it

determines that the NV of the merchandise cannot be determined by

comparison with sales of the foreign like product. INA asserts further

that section 773(b)(1) reinforces this conclusion by stating that, when

below-cost sales are disregarded, ``normal value shall be based on the

remaining sales of the foreign like product in the ordinary course of

trade. If no sales made in the ordinary course of trade remain, the NV

shall be based on the constructed value of the merchandise.'' INA

contends that the Department has defined potential ``foreign like

products'' in terms of bearing families. INA concludes that, where

there are remaining HM sales in the same family, the Department should

base NV on those sales rather than on CV.

INA notes that, in AFBs VI, the Department defended its methodology

on the ground that it makes the ``foreign like product'' determination

under the criteria of section 771(16) only once and that the result of

the cost test is not a criterion in determining the foreign like

product under section 771(16). INA contends that the Department's

automatic reliance on CV when all identical matches are disregarded as

below cost is inconsistent with its approach with regard to

contemporaneity because the Department applies the contemporaneity rule

as a criterion for comparability even though that rule is not included

in the section 771(16) definition.

Torrington argues that the Department should follow its decision in

AFBs VI and continue to resort to CV rather than HM family sales when

all sales of identical bearings are disregarded pursuant to the cost

test.

Department's Position: We disagree with INA. Section 771(16) of the

Tariff Act directs us to select the foreign like product ``in the

first'' of several categories: identical in physical characteristics,

similar in physical characteristics and commercial value, or of the

same general class or kind that can be reasonably compared. The

Department interprets the reference in section 773(b)(1) of the Tariff

Act that it base NV ``on the remaining sales of the foreign like

product in the ordinary course of trade'' to mean the selected foreign

like product, not a succession of foreign like products. Therefore, we

have resorted directly to CV where we have disregarded all

contemporaneous identical HM sales as below cost instead of determining

whether contemporaneous sales of a less similar model would survive the

cost test and remain available as comparators. We explained this

practice in detail in AFBs V at 66490-91 and AFBs VI at 2111-2112.

We disagree with INA's suggestion that our practice of using CV

when all identical matches are disregarded is inconsistent with our

policy with regard to choosing contemporaneous matches. We conduct a

search for sales of the best model for comparison within a

contemporaneity window pursuant to section 773(a)(1)(A) of the statute,

which directs that ``[t]he NV of the subject merchandise shall be the

price described in subparagraph (B), at a time reasonably corresponding

to the time of the sale used to determine the export price or

constructed export price'' (emphasis added). We have a longstanding

practice of considering sales within 90 days before and 60 days after

the month of the U.S. sale to be acceptable as potential comparators

(see Certain Small Business Telephone Systems and Subassemblies Thereof

from Korea: Final Results of Antidumping Administrative Review, 57 FR

8300 (March 9, 1993); Certain Circular Welded Carbon Steel Pipes and

Tubes from Thailand: Final Results of Antidumping Administrative

Review, 61 FR 1332 (January 19, 1996); AFBs III at 39735). Thus, our

determination of which merchandise will be considered the foreign like

product is based on (1) the product categories set forth in 771(16) and

(2) the ability to review contemporaneous sales as contemplated in

773(a)(1)(A).

5.B. Research and Development

Comment: Torrington notes that the SKF Group companies, i.e., SKF

France, SKF Germany, SKF Italy, and SKF Sweden, allocated the general

research and development (R&D) expenses incurred by their European

Research Center (ERC) based on proportionate share holdings in the

facility. Torrington contends that, if the Department accepts this

methodology, the Department must account for expenses attributable to

the share holding in the ERC by the SKF Group's parent company, AB SKF.

Respondents argue that their allocation methodology is proper and

consistent with determinations in prior segments of this proceeding.

Regarding Torrington's allegation of under-reporting, respondents

explain that their parent company holds shares in the ERC on behalf of

SKF Sweden and that SKF Sweden has reported the general R&D expenses

attributable to these shares.

Department's Position: We agree with respondents. In section A of

SKF Sweden's questionnaire response, respondent identifies the shares

to which Torrington refers as SKF Sweden's share in the ERC. SKF Sweden

reported the R&D expenses attributable to these shares as part of its

general and administrative expenses. Thus, based on record evidence we

are satisfied that respondents allocated the ERC expenses properly.

Accordingly, for the final results, we did not adjust the R&D expenses

reported by these respondents.

5.C. Profit for Constructed Value

Comment 1: NSK, INA, FAG Germany, FAG Italy, SNR France, and Barden

argue that the methodology the Department used in the calculation of CV

profit is unlawful. According to respondents, section 773(e)(2) of the

Tariff Act authorizes the Department to make this calculation using one

of four methods, depending on the information on the record.

Respondents contend that, while in the preliminary results the

Department calculated a CV-profit ratio for each level of trade within

each class or kind of product sold in the HM in the ordinary course of

trade, this method is not authorized by section 773(e)(2)(A) of the

Tariff Act. Citing to this provision, respondents claim that the profit

calculation must be equivalent to the sum of profits ``in connection

with the production and sale of a foreign like product.'' Respondents

argue that ``foreign like product'' is a statutorily defined term of

art equivalent to the first of three enumerated categories of

merchandise as defined by section 771(16) of the Tariff Act and that

these three categories are narrower than ``class or kind''.

FAG Germany, FAG Italy and SNR France disagree with the

Department's assertion that the use of the phrase ``a foreign like

product'' rather than ``the foreign like product'' allows it to

aggregate total profits across each class or kind of merchandise and

that the meaning of ``foreign like product'' remains the same in both

cases, as defined in the statute regardless of the preceding article,

citing the Notice of Proposed Rulemaking, 61 FR at 7335. Thus,

respondents argue, although Congress knew the meaning of ``foreign like

product,'' it adopted this term intentionally in place of ``class or

kind.'' Respondents also contend that, in accordance with section

771(16) of the Tariff Act, the foreign like product must be produced in

the same country by the same person, disallowing the

[[Page 54062]]

Department's method of including sales of merchandise they sold that

other manufacturers produced. Respondents contend further that the SAA

at 840 clears any ambiguity regarding the term ``foreign like product''

in section 773(e)(2)(A) of the Tariff Act by recommending the

alternative methods of 773(e)(2)(B) in instances where 773(e)(2)(A)

cannot be used either because there are no HM sales of the foreign like

product or because all such sales are at below-cost prices.

Torrington counters that the Department need not change its policy

with regard to the CV-profit calculation, claiming that ``foreign like

product'' refers to the entire class of merchandise that meets the

definitions of section 771(16) and not just the identical part number

or family. It notes that such a similar reference is made to foreign

like product with respect to statutory passages concerning the

viability test at section 773(a)(1)(C). Torrington adds that the

interpretation of ``foreign like product'' as a family would

necessarily create a gap in the statutory scheme. As an example,

petitioner describes a situation where, if family-specific profit could

not be calculated, the use of profits on the ``same general category''

would never be considered because ``foreign like product'' is too

narrow to constitute ``the same general category'' as directed in

section 773(e)(2)(B) of the Tariff Act. Torrington continues by arguing

that the use of the indefinite article ``a'' rather than the definite

article ``the'' in section 773(e)(2)(A) of the Tariff Act is

significant and is meant to refer to ``any'' foreign like product, as

in more than one foreign like product. In addition, Torrington

disagrees with respondents' argument that Congress replaced the term

``class or kind of merchandise'' deliberately in order to restrict the

calculation of profit only to the foreign like product corresponding to

a U.S. sale. Torrington contends that the removal of the term was

simply to conform the terminology of the U.S. antidumping law to the

international Antidumping Code. Finally, Torrington contends that the

respondents' suggested methodology would resort to the application of

alternative methodologies too soon in the hierarchy of preferable

methods. Petitioner argues that section 773(e)(2)(B) of the Tariff Act

outlines alternative profit methodologies for use only when the method

described in section 773(e)(2)(A) of the Tariff Act cannot be used, as

in instances where there are no HM sales of the foreign like product or

all such sales are below cost.

Department's Position: We disagree with the respondents. As we

stated in AFBs VI, respondents' definition of the term ``foreign like

product'' is overly narrow with respect to its use in the CV-profit

provisions. In applying the ``preferred'' method for calculating profit

(as well as SG&A) under section 773(e)(2)(A) of the Tariff Act, the use

of aggregate data that encompasses all foreign like products under

consideration for NV results in a practical measure of profit that we

can apply consistently in each case. By contrast, an interpretation of

section 773(e)(2)(A) of the Tariff Act that would result in a method

based on varied groupings of foreign like products, each defined by a

minimum set of matching criteria shared with a particular model of the

subject merchandise, would add an additional layer of complexity and

uncertainty to antidumping proceedings without generating more accurate

results. It would also make the statutorily preferred CV-profit

methodology inapplicable to most cases involving CV. We discussed in

the preamble to our final regulations that, although we recognize that

there are other methods available for computing profit for CV under

section 773(e)(2)(A) of the Tariff Act, we continue to believe that our

method represents a reasonable interpretation of the statute. See Final

Rule, 62 FR at 27359. We also note that this approach is consistent

with our method of computing SG&A and profit under the pre-URAA version

of the statute, and, despite the fact that the URAA revised certain

aspects of the SG&A and profit calculations, we do not believe that

Congress intended to change this particular aspect of our practice.

Therefore, we have not changed our methodology for the final results.

See also Notice of Proposed Rulemaking, 61 FR at 7335 (discussing the

Department's practice for calculating profit (and SG&A) using aggregate

figures).

Comment 2: FAG Italy, FAG Germany, SNR France, and Barden contend

that the Department's CV-profit methodology of calculating profit on an

aggregate basis for all foreign like products is most similar to the

first alternative CV-profit methodology described in 773(e)(2)(B)(i) of

the Tariff Act because it aggregates profits encompassing sales from

multiple foreign like products. However, respondents contend, contrary

to the Department's methodology, section 773(e)(2)(B)(i) does not limit

the CV-profit calculation to sales in the ordinary course of trade.

Citing the SAA at 841, respondents argue that the absence of any

language in section 773(e)(2)(B)(i) of the Tariff Act referring to

sales in the ordinary course of trade and the presence of this precise

limitation in descriptions of the other profit methodologies

necessitates the inclusion of sales outside the ordinary course of

trade in methodologies using all sales of the same class or kind.

SKF argues that below-cost sales should be included in the

calculation of CV profit when grouping products of the same general

category (citing section 773(e)(2)(B)(i) of the Tariff Act). Because

the Department has chosen to calculate profit on a class-or-kind basis

rather than for each family (foreign like product), these respondents

contend that the Department is without authority to exclude sales

outside the ordinary course of trade such as below-cost sales.

SKF argues that, if the Department continues to exclude below-cost

sales from the calculation of total profits for each class or kind of

merchandise, it should include the COP for below-cost sales when

calculating the profit ratio for each class or kind of merchandise.

Before dividing total profits by the total COP of all sales producing

those profits, respondents argue that the Department should add the COP

for below-cost sales back into the total costs of production for each

respective group of sales. Respondents argue that this would allow the

Department to determine the profit rate per sale more accurately.

Torrington asserts that respondents' arguments with respect to the

inclusion of below-cost sales in the calculation of CV profit under

section 773(e)(2)(B) of the Tariff Act is inconsistent logically with

their argument concerning section 773(e)(2)(A) of the Tariff Act.

Torrington contends that under respondents' methodology, before

calculating an overall aggregate profit under section 773(e)(2)(B) of

the Tariff Act, the Department would first have to test all sales of

identical and similar models to determine whether any sales were made

in the ``ordinary course of trade.'' Torrington contends further that

below-cost sales would first be excluded under section 773(e)(2)(A)

before resorting to aggregate profit data under section 773(e)(2)(B).

Torrington argues that below-cost sales must be excluded for

purposes of calculating CV profit and should not be included in the

average-profit calculation as so-called zero-profit sales. Citing

section 771(15) of the Tariff Act and the SAA, Torrington contends that

inclusion of sales outside the ``ordinary course'' are not a proper

basis for determining profit under section 773(e)(2)(A) of the Tariff

Act. Torrington argues that the SAA also establishes that ``only''

ordinary-course-of-trade sales will be the basis for the profit

calculation and, therefore, the

[[Page 54063]]

Department should not include the full costs of sales at a loss in the

denominator of the profit-ratio calculation as this would make these

part of the profit calculation.

Department's Position: We disagree with respondents that our CV-

profit methodology is most similar to the first alternative CV-profit

methodology described in 773(e)(2)(B)(i) of the Tariff Act based on our

interpretation of ``foreign like product.'' We agree with Torrington

that we should not include sales that failed the below-cost test in the

calculation of profit for CV because these sales fall outside the

ordinary course of trade. As we stated in the preliminary results, we

have calculated CV profit using the profit methodology as stated in

section 773(e)(2)(A) of the Tariff Act. This provision requires that we

base profit on sales made in the ordinary course of trade which, in

turn, do not include sales that we disregarded as a result of the

below-cost test. See section 771(15) of the Tariff Act. Furthermore, we

do not believe that we should retain the full costs of disregarded

sales while setting those sales' profits to zero. The use of partial

information from the sales would distort the profit rate for sales in

the ordinary course of trade and frustrate the intent of the statute.

Comment 3: NSK and NSK/RHP argue that the Department erred when it

calculated CV profit based upon the HM database. Respondents contend

that the HM database consists of sample-week sales and is not

representative of its HM profit experiences with respect to the class

or kind of merchandise. NSK and NSK/RHP maintain that the SAA intended

the Department to use Financial Statement profit when determining CV

profit and that the Department must apply the preferred profit

methodology at the model-specific or family-specific level or it must

resort to one of the alternative profit methodologies.

Torrington rebuts that respondents offer no evidentiary or rational

basis for concluding that the HM database is not representative of the

profit experiences in the HM when sample week sales are reported.

Department's Position: We disagree with NSK and NSK/RHP. We

rejected this argument in AFBs VI, stating that HM sales and cost data

provided by respondents on a sampled basis does not render such data

inappropriate for purposes of calculating CV profit. Pursuant to the

statutory authority provided at section 777A of the Tariff Act, we

routinely use data in our analysis that has been reported on a sampled

basis. Thus, the statute does not explicitly provide for such an

automatic elimination of these profit methodologies in such cases. See

our response to Comment 1 of section 6.C of AFBs VI, 62 FR at 2112, for

a more comprehensive discussion on this topic.

Comment 4: SNR France argues that the CV profit the Department

calculated for CRBs is based on U.S. sales rather than on HM sales.

Moreover, SNR France asserts that this calculation is unlawful because

it is not based on the actual profit that SNR France earns on HM sales

of the foreign like product made in the ordinary course of trade.

Specifically, SNR France contends that the Department based its profit

calculation on costs taken from SNR France's U.S. CV database which,

SNR France argues, is a mere microcosm when compared to its total HM

sales. SNR France suggests that the Department should instead calculate

a profit ratio based on its financial statements.

Torrington points to the fact that the Department did not request

COP data from SNR France for CRBs. Torrington states that, while SNR

France suggests that financial-statement data would be a more

appropriate proxy for the entire profit calculation, Torrington

contends that SNR France failed to propose appropriate ratios based on

the financial statements. Moreover, Torrington asserts that this data

would necessarily include non-scope products.

Department's Position: We disagree with SNR-France. We must balance

the need to calculate an accurate margin with the need to reduce the

burden on respondents. Because we did not request complete COP data for

SNR-France's sales of CRBs, we were unable to calculate CV profit under

the ``preferred methodology'' of section 773(e)(2)(A). Instead, we

calculated CV profit based on the following methodology.

We subtracted the home market COP from the home market sales value.

Home market COP consists of three costs: COM, interest expenses, and

G&A expenses. First, we aggregated the expenses reported in the CV

dataset. Then, we calculated the ratio of variable COM to total COM

based on data contained in the CV dataset. We applied this ratio to the

variable COM reported in the home market sales dataset. Thus, we

created a reasonable proxy for home market total COM. Likewise, we

calculated a ratio of G&A and interest expenses to the total COM

reported in the CV dataset. We multiplied each of these ratios by the

home market total COM. Finally, we summed these amounts to arrive at

total home market COP.

This methodology results in a reasonable estimation of COP, since

the major element in COP, the variable COM, is an actual amount and the

proxy is limited to fixed costs, G&A, and interest expenses. Thus, this

is a reasonable methodology allowed under section 773(e)(2)(B)(iii).

We agree with Torrington that SNR-France's financial statements

would contain data for non-scope merchandise. Thus, SNR's suggested

methodology would be a proxy as well. The record does not support the

conclusion that SNR-France's financial statements would form a more

appropriate proxy nor has SNR-France established that the Department's

current methodology is distortive. Therefore, we have not changed the

methodology we used in our preliminary results.

Comment 5: NPBS contends that the Department calculated a level-of-

trade-specific profit mistakenly for purposes of calculating CV. NPBS

asserts that profit for CV should not be calculated by level of trade,

particularly when there is no match between HM and U.S. levels of

trade. NPBS argues further that calculating CV profit by level of trade

is contrary to law. Citing section 733(e) of the Tariff Act, NPBS

asserts that the statute says nothing about level of trade in

describing how to calculate CV. NPBS also asserts that the SAA says

nothing about calculating profit for CV on a level-of-trade basis. To

the contrary, citing the SAA at 839-841, NPBS asserts that Congress

intended the Department to calculate profit for CV on a company-wide

basis. NPBS concludes that it would be bad policy to calculate CV

profit by level of trade because it would make dumping calculations

unpredictable.

Torrington requests that the Department reject NPBS's arguments.

Torrington asserts that the lack of explicit instructions in the law

does not prevent the Department from calculating profit for CV on a

level-of-trade basis. In support of this argument, Torrington cites

Mobile Communications Corp. of America v. F.C.C., 77 F.3d 1399, 1404-05

(D.C. Cir. 1996). Torrington concludes that the methodology represents

a reasonable interpretation of the statute's requirements.

Department's Position: We agree with petitioner. Profit for CV

should be calculated on a level-of-trade basis because the level-of-

trade-specific profit calculation recognizes that profit levels may

differ depending on the level of trade. Thus, in the final results we

calculated NPBS's profit for CV on a level-of-trade-specific basis for

each class or kind of merchandise. See our response to Comment 1 of

section 6.C of

[[Page 54064]]

AFBs VI, 62 FR 2081 at 2112, for more information on our methodology

for the calculation of profit for CV.

5.D. Affiliated-Party Inputs.

Comment 1: NSK contends that the Department has no reasonable basis

for requiring the submission of cost information on inputs from

affiliated suppliers and should therefore accept the transfer prices of

such products as NSK reported.

Torrington argues that the Department should reject NSK's argument

for the reasons the Department set forth in detail in AFBs VI.

Department's Position: We disagree with NSK. NSK made an identical

argument in the prior review with respect to this issue, which we

rejected, and NSK offers no new arguments for altering our position.

Pursuant to section 773(f)(2) of the Tariff Act, we generally use the

transfer price of inputs purchased from an affiliated supplier in

determining COP and CV, provided that the transaction occurred at an

arm's-length price. In determining whether a transaction occurred at an

arm's-length price, we generally compare the transfer price between the

affiliated parties to the price of similar merchandise between two

unaffiliated parties. If transactions of similar merchandise between

two unaffiliated parties are not available, we may use the affiliated

supplier's COP for that input as the information available as to what

the amount would have been if the transaction had occurred between

unaffiliated parties. In the case of a transaction between affiliated

persons involving a major input, we use the highest of the transfer

price between the affiliated parties, the market price between

unaffiliated parties, and the affiliated supplier's cost of producing

the major input. See AFBs VI at 2115. Therefore, we have not altered

our methodology for these final results.

Comment 2: NSK argues that the Department should recognize the

unique situation pertaining to a certain affiliated supplier of inputs

and determine that purchases from this supplier were made at arm's-

length prices.

Torrington argues that the situation pertaining to this supplier

does not demonstrate that purchases from the supplier were necessarily

made at arm's-length prices.

Department's Position: We disagree with NSK. NSK made an identical

argument in the prior review with respect to an affiliated supplier,

which we rejected, and offers no new arguments to convince us to alter

our position. See AFBs VI at 2115. There is no evidence on the record

that indicates that purchases from this supplier were necessarily made

at arm's-length prices. Therefore, we have made no change in our

treatment of this supplier for the final results.

Comment 3: NSK argues that the Department should not regard a

certain type of input as a major input because this type of input does

not meet the statutory definition of major inputs.

Torrington argues that NSK does not dispute that this type of input

is an essential component of many types of bearings and that NSK's

reported data demonstrates that this type of input can account for a

significant percentage of the cost of manufacture.

Department's Position: We disagree with NSK. NSK made an identical

argument in the prior review with respect to this type of input, which

we rejected, and offers no new arguments for altering our position. See

AFBs VI at 2116. Therefore, we have made no change in our treatment of

this type of input for the final results.

Comment 4: Nachi contends that the Department should not reject its

reported cost of affiliated-party inputs. Nachi asserts that the

Department misunderstood its characterization of its methodology for

reporting such costs and the underlying reasons for using this

methodology. Nachi explains that its affiliated suppliers were small,

captive producers that lacked the capability to provide product-

specific cost information. Nachi contends that, if the affiliate is

profitable during the POR, the transfer price must necessarily be above

the affiliate's cost of producing the input. By contrast, if an

affiliate had operated at a loss during the POR, Nachi asserts that it

would have reported the COP for the input. Nachi notes that it reported

the transfer price for purchases from all affiliates because all of its

affiliates were profitable during the POR. Nachi also asserts that the

Department accepted this methodology in every prior review in which

Nachi participated.

Torrington argues that the overall profitability of an affiliated

supplier is not determinative as to whether the transfer prices of

particular inputs are above cost or reflect arm's-length prices.

Torrington notes that Nachi did not provide prices of similar inputs it

obtained from unaffiliated suppliers. Torrington further contends that

the Department's preliminary determination to reject Nachi's reported

cost of affiliated-party inputs is in accordance with the precedent the

Department set in AFBs VI at 2115.

Department's Position: We disagree with Nachi. We require costs to

be reported on a product-specific basis. Though Nachi's affiliated

suppliers may have been captive to Nachi during the POR and though

these suppliers may have all been profitable, the fact remains that

some inputs may have been sold at transfer prices which were below the

affiliate's cost of producing the input during the POR. Finally, we

note that each review stands alone and the fact that we accepted

Nachi's methodology in prior reviews is not determinative of which

methodology we use in this review. Because Nachi did not report its

data in such a way that we could determine whether all affiliated-party

inputs were sold at a transfer price which was below the affiliate's

cost of producing the input on a product-specific basis, for these

final results we have used the facts available as described in our

preliminary analysis memorandum for Nachi dated March 28, 1997.

Comment 5: Torrington contends that NMB/Pelmec reported COP and CV

for all models using transfer prices for inputs purchased from

affiliated parties. Torrington asserts that the transfer price of the

input material did not exceed the COP of that material in all cases.

Torrington argues that, in conformance with the policy the Department

enunciated in AFBs VI, the Department should use the higher of the

transfer price, cost, or market value for major inputs NMB/Pelmec

obtained from its affiliated companies.

NMB/Pelmec rebuts that the Department is not strictly required to

use COP in every instance, especially in the case where transfer price

exceeds COP for the vast majority of inputs. Citing the preamble of

Antidumping Duties; Countervailing Duties Final Rule, 62 FR 27296,

27362 (May 19, 1997), NMB/Pelmec contends that the Department has the

discretion to use transfer prices after considering the specific facts

of each case. NMB/Pelmec also notes that, in other comparable aspects

of the antidumping margin calculation, such as the below-cost test for

HM sales, the Department does not automatically exclude all below-cost

prices as long as the vast majority are above cost.

Department's Position: We agree with Torrington that we should have

used COP in cases where COP exceeded transfer price for the value of

affiliated-party major inputs for NMB/Pelmec. We have made this change

for the final results. See our response to comment 1 of section 6.D of

AFBs VI at 2115 for a comprehensive discussion of our practice with

regard to affiliated-party inputs.

[[Page 54065]]

Comment 6: Torrington argues that NTN Japan

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.