Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From Japan: Final Court Decisions and Amended Final Results of Antidumping Duty Administrative Reviews

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-604]

Tapered Roller Bearings and Parts Thereof, Finished and

Unfinished, From Japan: Final Court Decisions and Amended Final Results

of Antidumping Duty Administrative Reviews

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of final court decisions and amended final results of

antidumping duty administrative reviews.

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SUMMARY: On February 11, 1992, the Department of Commerce (the

Department) published the final results of its administrative review of

the antidumping finding on tapered roller bearings (TRBs), finished and

unfinished, and parts thereof, from Japan during the period October 1,

1989 through September 30, 1990. See Tapered Roller Bearings, Finished

and Unfinished, From Japan; Final Results of Antidumping Duty

Administrative Review 57 FR 4960. Subsequent to our publication of

these final results, parties to the proceeding challenged certain

aspects of our final results determinations before the United States

Court of International Trade (CIT) and, in certain instances, before

the United States Court of Appeals for the Federal Circuit (CAFC).

The CIT recently affirmed final remand results with respect to the

1989-90 final results. On April 10, 1998, we amended our final results

of review with respect to certain respondents for which litigation was

completed. See Tapered Roller Bearings, Four Inches or Less in Outside

Diameter, and Components Thereof, from Japan, and Tapered Roller

Bearings, Finished and Unfinished, and Parts Thereof, from Japan: Final

Court Decisions and Amended Final Results of Antidumping Duty

Administrative Reviews, 63 FR 17815 (1989-90 TRB Final Results). As

there is now a final and conclusive court decision with respect to

litigation for the remaining respondent, we are hereby amending our

final results of review and will subsequently instruct Customs to

liquidate entries subject to these reviews.

EFFECTIVE DATE: November 30, 1999.

FOR FURTHER INFORMATION CONTACT: Deborah Scott or Robert James, Import

Administration, International Trade

[[Page 66892]]

Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-2657

or (202) 482-5222, respectively.

SUPPLEMENTARY INFORMATION:

Background

Below is a summary of the litigation for the 1989-90 final results

for which the CIT and CAFC have issued final and conclusive decisions.

It is important to note that, due to the fact that litigation for each

TRBs final results was unconsolidated, the CIT issued two or more

orders throughout the course of litigation, which required us to

recalculate a respondent's final results margin several times. To

ensure the accurate calculation of amended final results, any

recalculation we performed for a given respondent pursuant to a

specific order reflected all recalculations we performed for that

respondent pursuant to earlier orders. As a result, the last CIT order

requiring a recalculation of a respondent's margin reflects the final

amended margin for the respondent, provided that final and conclusive

decisions have been made by the CIT and CAFC with respect to litigation

which affected the respondent's final results.

On February 11, 1992, we published in the Federal Register our

notice of the final results of administrative reviews for the 1989-90

period of review (POR). This notice covered the administrative reviews

for Koyo Seiko Co., Ltd. (Koyo), NSK Ltd. (NSK), Nachi-Fujikoshi

Corporation, and NTN Toyo Bearing Co., Ltd (NTN). Subsequent to the

publication of these final results, three respondents `` NTN, Koyo, and

NSK `` and The Timken Company (Timken), the petitioner in this case,

challenged certain issues before the CIT. The CIT and CAFC issued final

and conclusive decisions with respect to the NSK and Timken litigation;

on April 10, 1998, we published in the Federal Register our notice of

final court decisions and amended final results for NSK. See 1989-90

TRB Final Results at 17818. The CIT has now issued a final and

conclusive decision with respect to the NTN litigation (CIT Ct. Nos.

92-03-00168 and 92-04-00257). We are hereby amending our final results

of the 1989-90 administrative review for NTN.

The decisions issued by the CIT and CAFC with respect to the

Department's final results for NTN were:

NTN v. U.S., Slip Ops. 94-200 (December 29, 1994) and 95-1

(January 3, 1995) (The CIT ordered the Department to apply the 10

percent cap for the model match methodology, explain its disregard of

NTN's credit expense calculation methodology, and correct the margin

calculation program for errors in the deduction of discounts from home

market price for the cost of production test).

NTN v. U.S., Slip Op. 95-104 (June 7, 1995) (The CIT

affirmed the remand results and dismissed the 92-03-00168 and 92-04-

00257 litigation).

NTN v. U.S., Slip Op. 95-1477 and -1479 (July 10, 1996)

(The CAFC overturned the CIT on its decision regarding the 10 percent

cap for the model match methodology used for the final results for

NTN.)

NTN v. U.S., Slip Ops. 96-150 (August 28, 1996) and 96-151

(August 29, 1996) (In light of the CAFC's decision in Slip Op. 95-1479,

the CIT ordered the Department to recalculate the dumping margin for

NTN without imposing the 10 percent cap under the 92-03-00168 and 92-

04-00257 litigation.)

NTN v. U.S., Slip Op. 98-90 (June 30, 1998) (The CIT

affirmed the remand results and dismissed the 92-03-00168 and 92-04-

00257 litigation).

As there are now final and conclusive court decisions with respect

to the 92-03-000168 and -04-00257 (NTN) litigation, we are amending our

final results of review for NTN based on the last court order which

required a recalculation of NTN's rate (NTN v. U.S., CIT Slip Ops. 96-

150 and -151). The amended final results margin for NTN is 29.63

percent. We will issue instructions to Customs to liquidate entries of

subject merchandise made by NTN during this period pursuant to these

amended final results.

Amendment to Final Determinations

Pursuant to 19 U.S.C. 1516(f), we are now amending the final

results of the 1989-90 administrative review of the antidumping finding

on TRBs from Japan. The weighted-average margin is:

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Margin

Manufacturer/exporter (percent)

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NTN Toyo Bearing Co., Ltd.................................. 29.63

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Accordingly, the Department will determine and Customs will assess

appropriate antidumping duties on entries of the subject merchandise

made by firms covered by the review of the period listed above. The

Department will issue appraisement instructions directly to Customs.

Dated: November 22, 1999.

Joseph A. Spetrini,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-31097 Filed 11-29-99; 8:45 am]

BILLING CODE 3510-DS-P