[Federal Register: October 22, 2004 (Volume 69, Number 204)]
[Notices]
[Page 62023-62025]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc04-28]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-801, A-428-801, A-475-801, A-401-801, A-412-801]
Antifriction Bearings (Other Than Tapered Roller Bearings) and
Parts Thereof From France, Germany, Italy, Sweden, and the United
Kingdom; Amended Final Results of Antidumping Duty Administrative
Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amended final results of antidumping duty
administrative reviews.
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SUMMARY: On April 26, 2004, and May 4, 2004, the United States Court of
Appeals for the Federal Circuit dismissed appeals and lifted the stay
of proceedings against the United States Court of International Trade's
affirmations of the Department of Commerce's final remand results
affecting final assessment rates for the administrative reviews of the
antidumping duty orders on antifriction bearings (other than tapered
roller bearings) and parts thereof from Italy, Sweden, and the United
Kingdom for the period of review May 1, 1995, through April 30, 1996,
and from France, Germany, Italy, and Sweden for the period of review
May 1, 1997, through April 30, 1998, respectively. The classes or kinds
of merchandise covered by these reviews are ball bearings and parts
thereof, cylindrical roller bearings and parts thereof, and spherical
plain bearings and parts thereof. As there are now final and conclusive
court decisions in these actions, we are amending our final results of
reviews and we will instruct U.S. Customs and Border Protection to
liquidate entries subject to these reviews.
EFFECTIVE DATE: October 22, 2004.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun 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) 482-5760 or (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 17, 1997, the Department of Commerce (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, 62 FR 54043, 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 Review, 62 FR 61963 (November 20, 1997) (collectively
AFBs 7), which covered the period of review (POR) May 1, 1995, through
April 30, 1996. On July 1, 1999, the Department published Antifriction
Bearings (Other Than Tapered Roller Bearings) and Parts Thereof from
France, Germany, Italy, Japan, Romania, Sweden, and the United Kingdom:
Final Results of Antidumping Duty Administrative Reviews, 64 FR 35590,
as amended by Antifriction Bearings (Other Than Tapered Roller
Bearings) and Parts Thereof from Italy and Japan: Notice of Amended
Final Results of Antidumping Duty Administrative Reviews, 64 FR 47764
(September 1, 1999) (collectively AFBs 9), which covered the POR May 1,
1997, through April 30, 1998. The classes or kinds of merchandise
covered by these reviews are ball bearings and parts thereof (BBs),
cylindrical roller bearings and parts thereof (CRBs), and spherical
plain bearings and parts thereof (SPBs).
In FAG Italia S.p.A. v. United States, 24 CIT 587 (2000) (FAG), SKF
USA Inc. and SKF Sverige AB v. United States, 24 CIT 349 (2000) (SKF),
RHP Bearings Ltd. v. United States, 110 F. Supp. 2d 1043 (CIT 2000)
(RHP I), and RHP Bearings Ltd. v. United States, 132 F. Supp. 2d 1097
(CIT 2001) (RHP II), the United States Court of International Trade
(CIT) ordered remands for AFBs 7. In SKF USA Inc., SKF France S.A. and
Sarma v. United States, 116 F. Supp. 2d 1257 (CIT 2000) (SKF France),
SKF USA Inc. and SKF GmbH v. United States, 94 F. Supp. 2d 1351 (CIT
2000) (SKF Germany), SKF USA Inc. and SKF
[[Page 62024]]
Industrie S.p.A. v. United States, 24 CIT 583 (2000) (SKF Italy), and
SKF USA Inc. and SKF Sverige AB v. United States, 24 CIT 836 (2000)
(SKF Sweden), the CIT ordered remands for AFBs 9.
As there are now final and conclusive court decisions with respect
to companies affected by these remand orders directly, we are amending
our final results of review for these companies and we will
subsequently instruct U.S. Customs and Border Protection (CBP) to
liquidate the relevant entries subject to these reviews.
1. Remands for AFBs 7
a. FAG
In FAG, the CIT remanded AFBs 7 to the Department to address the
following instructions: (1) annul all findings and conclusions made
pursuant to the duty-absorption inquiry conducted for the subject
reviews and (2) attempt to match U.S. sales to non-identical but
similar home-market sales before resorting to constructed value when
sales of identical merchandise have been found to be outside the
ordinary course of trade. This remand affected FAG Italia S.p.A. and
FAG Bearings Corporation (collectively FAG Italy) and SKF Industrie,
RIV-SKF Officina de Villar Perosa, SKF Cuscinetti Specialti, SKF
Cuscinetti, and RFT (collectively SKF Italy) directly with respect to
the antidumping duty order on BBs from Italy for the POR May 1, 1995,
through April 30, 1996.
On October 11, 2000, the Department filed its Remand Results with
the CIT. On May 24, 2002, the U.S. Court of Appeals for the Federal
Circuit (CAFC) remanded for further explanation the Department's use of
different definitions of ``foreign like product'' in its normal value
calculations; the CAFC affirmed the CIT's decision with respect to duty
absorption. See FAG Italia S.p.A. v. United States, 291 F.3d 806 (CAFC
2002). On November 7, 2002, the Department filed its second remand
determination explaining the definitions of ``foreign like product''
used in calculating normal value. On January 30, 2003, the CIT affirmed
the remand results in their entirety. See FAG Italia S.p.A. v. United
States, Consol. No. 97-11-01984, slip op. 03-12 (CIT 2003). FAG Italy
and SKF Italy appealed the CIT's remand affirmation but later filed
with the CAFC motions to sever and dismiss their appeals voluntarily.
On February 17, 2004, the CAFC granted FAG Italy's unopposed motion to
dismiss. On April 26, 2004, the CAFC granted SKF Italy's unopposed
motion to dismiss and lifted the stay of proceedings.
b. SKF
In SKF, the CIT remanded AFBs 7 to the Department to annul all
findings and conclusions made pursuant to the duty-absorption inquiry
conducted for the subject review. This remand affected SKF USA Inc. and
SKF Sverige AB (collectively SKF Sweden) directly with respect to the
antidumping duty order on BBs from Sweden for the POR May 1, 1995,
through April 30, 1996.
On August 23, 2000, the Department filed its Remand Results with
the CIT. On November 17, 2000, the CIT affirmed the Department's Remand
Results in their entirety. See SKF USA, Inc. and SKF Sverige AB v.
United States, 24 CIT 1310 (2000). SKF Sweden and the United States
appealed the CIT's remand affirmation but later filed with the CAFC
motions to sever and dismiss their appeals voluntarily. On April 26,
2004, the CAFC granted the United States' and SKF Sweden's unopposed
motions to dismiss and lifted the stay of proceedings.
c. RHP I and RHP II
In RHP I, the CIT remanded AFBs 7 to the Department to address the
following instructions: (1) annul all findings and conclusions made
pursuant to the duty-absorption inquiry conducted for the subject
reviews; (2) attempt to match U.S. sales to non-identical but similar
home-market sales before resorting to constructed value when sales of
identical merchandise have been found to be outside the ordinary course
of trade; and (3) recalculate Barden's dumping margin without regard to
the results of the below-cost test. This remand affected the Barden
Corporation (U.K.) Ltd., the Barden Corporation, and FAG Bearing
Corporation (collectively Barden) and RHP Bearings Ltd., NSK Bearings
Europe Ltd., and NSK Corporation (collectively NSK/RHP) directly with
respect to the antidumping duty orders on BBs and CRBs from the United
Kingdom for the POR May 1, 1995, through April 30, 1996.
On October 20, 2000, the Department filed its Remand Results with
the CIT. On February 23, 2001, the CIT in RHP II affirmed the
Department's Remand Results partially and remanded AFBs 7 to the
Department again with a new order to clarify the reasons behind its
decision to conduct the below-cost test and to take any further action
that it deems appropriate. On May 18, 2001, the Department filed its
Remand Results with the CIT pursuant to the remand order in RHP II. On
August 20, 2001, the CIT affirmed the Department's Remand Results in
their entirety. See RHP Bearings Ltd. v. United States, Consol. No. 97-
11-01983, slip op. 01-106 (CIT 2001). Barden, NSK/RHP, Timken US
Corporation (Timken), and the United States appealed the CIT's remand
affirmation but later filed with the CAFC motions to sever and dismiss
their appeals voluntarily. On February 17, 2004, the CAFC granted
Barden's, NSK/RHP's, and Timken's motions to dismiss. On April 26,
2004, the CAFC granted the United States' motion to dismiss and lifted
the stay of proceedings.
2. Remands for AFBs 9
In SKF France, SKF Germany, SKF Italy, and SKF Sweden, the CIT
remanded AFBs 9 to the Department to annul all findings and conclusions
made pursuant to the duty-absorption inquiry conducted for the subject
reviews. These four remand orders affected, in the respective order,
SKF Compagnie d'Applications Mecaniques, S.A. (Clamart), ADR, and SARMA
(collectively SKF France), SKF GmbH, SKF Service GmbH, and Steyr
Walzlager (collectively SKF Germany), SKF Italy, and SKF Sweden
directly with respect to the antidumping duty orders on antifriction
bearings and parts thereof from France, Germany, Italy, and Sweden for
the POR May 1, 1997, through April 30, 1998.
The Department filed its Remand Results for SKF France and SKF
Sweden on November 22, 2000, SKF Germany on June 20, 2000, and SKF
Italy on October 10, 2000, with the CIT. The CIT affirmed the
Department's Remand Results for SKF France\1\ and SKF Sweden\2\ on
January 30, 2001, SKF Germany\3\ on August 18, 2000, and SKF Italy\4\
on December 15, 2000, in their entirety.
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\1\ SKF USA Inc., SKF France S.A. and Sarma v. United States,
No. 99-08-00475, slip op. 01-12 (CIT 2001).
\2\ SKF USA Inc. and SKF Sverige AB v. United States, No 99-08-
00470, slip op. 01-11 (CIT 2001).
\3\ SKF USA Inc. and SKF GmbH v. United States, 126 F. Supp. 2d.
567 (CIT 2000).
\4\ SKF USA Inc. and SKF Industrie S.p.A. v. United States, 24
CIT 1393 (2000).
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The CIT's remand affirmations in SKF France, SKF Germany, SKF
Italy, and SKF Sweden were appealed by the plaintiffs, i.e., SKF
France, SKF Germany, SKF Italy, and SKF Sweden, respectively. Timken
and the United States appealed in all four cases. All parties later
filed with the CAFC motions to sever and dismiss their appeals
voluntarily. On February 17, 2004, the CAFC granted SKF France's, SKF
Italy's, SKF Sweden's, and Timken's motions to dismiss appeals in SKF
France, SKF Italy, and SKF Sweden. On February 18, 2004, the CAFC
granted
[[Page 62025]]
SKF Germany's and Timken's motions to dismiss appeals in SKF Germany.
On April 26, 2004, the CAFC granted the United States' motion to
dismiss appeals in all four cases and lifted the stay of proceedings.
Assessment of Duties
The remands for AFBs 7 had no effect on weighted-average margins or
duty-assessment rates for FAG Italy, SKF Italy, SKF Sweden, Barden, and
NSK/RHP. The remands for AFBs 9 had no effect on weighted-average
margins or duty-assessment rates for SKF France, SKF Germany, SKF
Italy, and SKF Sweden.
Accordingly, the Department will determine and CBP will assess
appropriate antidumping duties on entries of the subject merchandise
produced by the affected companies. Individual differences between U.S.
price and foreign market value may vary from the percentages published.
The Department has disclosed or will disclose assessment instructions
to the parties in advance. The Department will issue assessment
instructions to CBP within 15 days of publication of these amended
final results of reviews.
The CIT remanded AFBs 7 and AFBs 9 to the Department to annul all
findings and conclusions made pursuant to the duty-absorption inquiries
it conducted in both segments of proceeding. The Department hereby
complies with the remand as directed by the CIT and annuls all findings
and conclusions made pursuant to its duty-absorption inquiries
conducted for the subject reviews with respect to the following
companies:
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Segments Country Company Class or Kind of Merchandise
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AFBs 7............................................................ Italy FAG Italy BBs
....................... SKF Italy BBs
Sweden SKF Sweden BBs
United Kingdom Barden BBs
....................... NSK/RHP BBs, CRBs
AFBs 9............................................................ France SKF France BBs
Germany SKF Germany BBs, CRBs, SPBs
Italy SKF Italy BBs
Sweden SKF Sweden BBs, CRBs
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We are issuing and publishing these determinations in accordance
with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as
amended.
Dated: October 15, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-23719 Filed 10-21-04; 8:45 am]