[Federal Register: November 30, 1999 (Volume 64, Number 229)] [Notices] [Page 66891-66892] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr30no99-68] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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: ------------------------------------------------------------------------ Margin Manufacturer/exporter (percent) ------------------------------------------------------------------------ NTN Toyo Bearing Co., Ltd.................................. 29.63 ------------------------------------------------------------------------ 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