Tapered Roller Bearings, Four Inches or Less in Outside Diameter, and Components Thereof, From Japan: Final Court Decisions and Amended Final Results of Antidumping Duty Administrative Reviews

Federal RegisterApr 1, 1999

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-054]

Tapered Roller Bearings, Four Inches or Less in Outside Diameter,

and Components Thereof, 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 December 16, 1991, 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 August 1,

1988 through July 31, 1989. See Tapered Roller Bearings, Four Inches or

Less in Outside Diameter, and Certain Components Thereof, from Japan;

Final Results of Antidumping Duty Administrative Review 56 FR 65228.

Subsequent to our publication of these final results, parties to the

proceeding challenged certain aspects of our final results

determinations before the Court of International Trade (CIT) (the

Court) and, in certain instances, before the United States Court of

Appeals for the Federal Circuit (CAFC).

The Court recently affirmed final remand results with respect to

the 1988-89 final results. As there are now final and conclusive court

decisions with respect to litigation for these final results, where

applicable, we are amending our final results of review and will

subsequently instruct customs to liquidate entries subject to these

reviews.

EFFECTIVE DATE: April 1, 1999.

FOR FURTHER INFORMATION CONTACT: Ilissa Kabak or John Kugelman, Import

Administration, International Trade Administration, U.S. Department of

Commerce, 14th Street and Constitution Avenue, NW., Washington, DC

20230; telephone (202) 482-1395 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

Below is a summary of the litigation for the 1998-1989 final

results for which the Court has 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 Court 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 Court

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 Court with respect to

litigation which affected the respondent's final results.

On December 16, 1991, we published in the Federal Register our

notice of the final results of administrative reviews for the 1988-89

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

for (1) Koyo Seiko Co., Ltd. (Koyo), (2) NSK Ltd. (INSK), (3) Isuzu

Motors, Ltd., (4) Toyota Motors Corporation, and (5) Nachi-Fujikoshi

Corporation. Subsequent to the publication of these final results,

Koyo, NSK, and The Timken Company (Timken), the petitioners in this

case, challenged certain issues before the CIT (Court Nos. 92-01-00047,

92-01-00028, and 92-01-00031, respectively). The CIT has issued final

and conclusive decisions with respect to each of these proceedings.

The decisions issued by the Court with respect to the Department's

final results for Koyo were:

Koyo v. U.S., Slip Op. 93-87 (June 1, 1993) (The CIT

ruled in favor of the Department on all issues and dismissed the

case).

Timken v. U.S., Slip Op,. 94-107 (July 1, 1994) (The

CIT ordered the Department to recalculate the foreign market value

without a circumstance-of-sale adjustment and reconsider its

treatment of commissions and home market pre-sale freight expenses

where foreign market value was calculated using purchase price).

Timken v. U.S., Slip Op. 96-126 (August 7, 1996) (On

December 28, 1994, the CIT granted a stay in the Timken proceedings

pending a decision by the CAFC with respect to the Japanese value

added tax (VAT) issue in Koyo v. U.S., CAFC Nos. 94-1097, -1044.

Based on a motion by plaintiff (Timken), in Slip Op. 96-126 the CIT

lifted the stay in these proceedings and remanded the case to the

Department to apply the tax-neutral VAT adjustment methodology

approved by the CAFC in Koyo v. U.S., 63 F.3d 1572 (Fed. Cir. 1995).

The CIT affirmed these results and dismissed the 92-01-00031

litigation in Slip Op. 98-79 on June 17, 1998).

The decisions issued by the Court with respect to the Department's

final results for NSK were:

NSK v. U.S., Slip OP. 93-211 (November 5, 1993) (The

CIT ruled in favor of the Department on all issues and dismissed the

case.