[Federal Register: May 3, 2005 (Volume 70, Number 84)]
[Notices]
[Page 22844]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03my05-25]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-412-801
Antifriction Bearings (Other Than Tapered Roller Bearings) and
Parts Thereof from the United Kingdom; Amended Final Results of
Antidumping Duty Administrative Review Pursuant to Final Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 9, 2001, in response to its action in FAG Italia
S.p.A, Barden Corporation (U.K.) Limited, The Barden Corporation and
FAG Bearing Corporation v. the United States, Court No. 98-07-02528,
Slip. Op. 00-95 (CIT August 4, 2000), the Court of International Trade
(CIT) affirmed the Department of Commerce's (the Department's) remand
determination affecting final assessment rates for the administrative
review of the antidumping duty order on antifriction bearings (other
than tapered roller bearings) and parts thereof from the United Kingdom
for the period of review May 1, 1996, through April 30, 1997. The
merchandise covered by this review is ball bearings and parts thereof
and cylindrical roller bearings and parts thereof. Because the appeals
have been dismissed and there is now a final and conclusive court
decision in this action, we are amending our final results of the
review and we will instruct U.S. Customs and Border Protection to
liquidate entries subject to this review.
EFFECTIVE DATE: May 3, 2005.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Richard
Rimlinger, AD/CVD Operations, Office 5, Import Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-0665 or (202) 482-4477,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 18, 1998, the Department published 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, 63
FR 33320 (June 18, 1998), as amended by Antifriction Bearings (Other
Than Tapered Roller Bearings) and Parts Thereof from France, Germany,
Italy, Japan, Romania, Singapore, Sweden, and the United Kingdom:
Amended Final Results of Antidumping Duty Administrative Reviews, 63 FR
40878 (July 31, 1998) (collectively AFBs 8), which covered the period
of review (POR) May 1, 1996, through April 30, 1997. The classes or
kinds of merchandise covered by these reviews are ball bearings and
parts thereof (BBs), cylindrical roller bearings and parts thereof, and
spherical plain bearings and parts thereof.
FAG Italia S.p.A., The Barden Corporation (U.K.) Ltd., The Barden
Corporation and FAG Bearings Corporation appealed the Department's
decisions in AFBs 8. In FAG Italia S.p.A., The Barden Corporation
(U.K.) Ltd., The Barden Corporation and FAG Bearings Corporation v.
United States, 110 F. Supp. 2d 1055 (CIT August 4, 2000) (FAG-Barden),
the CIT ordered a remand concerning the margin the Department
determined for BBs from the United Kingdom covered by AFBs 8.
In FAG-Barden, the CIT remanded AFBs 8 to the Department to
disregard The Torrington Company's below-cost sales allegation and to
recalculate the dumping margin without regard to the results of the
below-cost sales test. This remand affected Barden Corporation (U.K.)
Limited, The Barden Corporation, and FAG Bearings Corporation
(collectively, Barden) directly with respect to the antidumping duty
order on BBs from the United Kingdom for the POR.
On November 2, 2000, the Department filed its final results of
redetermination with the CIT. See Final Results of Redetermination
Pursuant to Court Remand in FAG-Barden (November 2, 2000) (Remand
Results). In its redetermination, the Department disregarded The
Torrington Company's below-cost allegation and recalculated the dumping
margin with respect to Barden and, as a result, Barden's weighted-
average margin for the POR changed from 6.63 percent to 5.06 percent
with respect to BBs. On January 9, 2001, the CIT affirmed the
Department's Remand Results in their entirety. See FAG Italia S.p.A,
Barden Corporation (U.K.) Limited, The Barden Corporation and FAG
Bearing Corporation v. the United States, Court No. 98-07-02528, Slip.
Op. 01-1 (CIT January 9, 2001).
FAG Italia S.p.A, Barden Corporation (U.K.) Limited, The Barden
Corporation, and FAG Bearing Corporation (the plaintiffs) and The
Torrington Corporation (defendant-intervenor) appealed the CIT's remand
affirmation but later filed with the United States Court of Appeals for
the Federal Circuit (CAFC) motions to sever and dismiss their appeals
voluntarily.
On February 12, 2004, the CAFC granted the plaintiffs' and the
defendant-intervenor's motions to dismiss their appeals.
As there is now a final and conclusive court decision with respect
to the company affected by this remand order directly, we are amending
our final results of review for this company and we will instruct U.S.
Customs and Border Protection (CBP) to liquidate the relevant entries
subject to this review in accordance with our remand results.
Assessment of Duties
We are now amending the final results of the 1996-1997
administrative review of the antidumping duty order on BBs from the
United Kingdom to reflect a revised weighted-average margin for Barden.
We determine that a revised weighted-average margin of 5.06 percent
exists for Barden on BBs from the United Kingdom for the period May 1,
1996, through April 30, 1997.
Accordingly, the Department will determine and CBP will assess
appropriate antidumping duties on entries of the subject merchandise
produced by the affected company. Individual differences between U.S.
price and foreign market value may vary from the above percentage. The
Department will issue assessment instructions to CBP within 15 days of
publication of this notice.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.
Dated: April 26, 2005.
Barbara E. Tillman
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2144 Filed 5-2-05; 8:45 am]