Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof from Japan; Amended Final Results of Antidumping Duty Administrative Review Pursuant to Final Court Decision, 34447-34448 [E5-3066]
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Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–804]
Antifriction Bearings (Other Than
Tapered Roller Bearings) and Parts
Thereof from Japan; Amended Final
Results of Antidumping Duty
Administrative Review Pursuant to
Final Court Decision
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 15, 2001, in
response to its action in NSK Ltd. and
NSK Corporation, Koyo Seiko Co., Ltd.
and Koyo Corporation of U.S.A, NTN
Bearing Corporation of America, NTN
Corporation, American NTN Bearing
Manufacturing Corporation, NTN
Driveshaft, Inc. and NTN–Bower
Corporation, and Nippon Pillow Block
Sales Co., Ltd. and FYH Bearing Units
USA Inc. v. United States and The
Torrington Company (NSK Ltd. v.
United States), Consol. Court No. 97–
02–00216, Slip. Op. 01–69 (CIT June 6,
2001), 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 orders on antifriction
bearings (other than tapered roller
bearings) and parts thereof from Japan
for the period of review May 1, 1994,
through April 30, 1995. The
merchandise covered by these reviews
is ball bearings and parts thereof (BBs),
cylindrical roller bearings and parts
thereof (CRBs), and spherical plain
bearings and parts thereof (SPBs).
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
review and we will instruct U.S.
Customs and Border Protection to
liquidate entries subject to these
reviews.
AGENCY:
EFFECTIVE DATE:
June 14, 2005.
John
Holman 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) 482–3683 or (202) 482–
4477, respectively.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
On January 15, 1997, the Department
published Antifriction Bearings (Other
Than Tapered Roller Bearings) and
Parts Thereof from France, Germany,
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20:14 Jun 13, 2005
Jkt 205001
Italy, Japan, Singapore, Sweden, and the
United Kingdom: Final Results of
Antidumping Duty Administrative
Reviews, 62 FR 2081 (January 15, 1997),
as amended by Antifriction Bearings
(Other Than Tapered Roller Bearings)
and Parts Thereof from Japan and the
United Kingdom: Amended Final
Results of Antidumping Duty
Administrative Reviews, 62 FR 45795
(August 29, 1997) (collectively AFBs 6),
which covered the period of review
(POR) May 1, 1994, through April 30,
1995. The classes or kinds of
merchandise covered by these reviews
are BBs, CRBs, and SPBs.
NSK Ltd. and NSK Corporation
(collectively NSK), Koyo Seiko Co., Ltd.,
and Koyo Corporation of U.S.A
(collectively Koyo), NTN Bearing
Corporation of America, NTN
Corporation, American NTN Bearing
Manufacturing Corporation, NTN
Driveshaft, Inc., and NTN–Bower
Corporation (collectively NTN), Nippon
Pillow Block Sales Co., Ltd., FYH
Bearing Units USA Inc. (collectively
NPB), and The Torrington Company
(collectively Torrington) appealed the
Department’s decisions in AFBs 6. On
June 6, 2001, the CIT issued its ruling
in NSK Ltd. v. United States, Consol.
Court No. 97–02–00216, Slip Op. 01–69
(CIT June 6, 2001), remanding to the
Department the final results in AFBs 6
as follows: (1) To exclude any
transactions that were not supported by
consideration from NSK’s U.S. sales
database; (2) to include the imputed
inventory carrying costs in the
calculation of the constructed export–
price offset for NSK when matching
constructed export–price sales to
constructed value; (3) to reconsider
NSK’s supplier relationship; (4) to
reconsider the Department’s
determination that a certain model of
Koyo’s was outside the ordinary course
of trade; (5) to reconsider its
determination that a certain home–
market ball bearing of Koyo’s could be
compared to U.S. sales because it is a
foreign like product; (6) to recalculate
the dumping margins accordingly. This
remand affected NSK and Koyo directly
with respect to the antidumping duty
orders on BBs and CRBs from Japan.
On September 4, 2001, the
Department filed its final results of
redetermination with the CIT. See Final
Results of Redetermination Pursuant to
Court Remand in Administrative Review
of the Antidumping Orders on
Antifriction Bearings (other than
Tapered Roller Bearings) and Parts
Thereof from Japan (September 4, 2001)
(Remand Results). In its
redetermination, the Department
excluded any transactions that were not
PO 00000
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Fmt 4703
Sfmt 4703
34447
supported by consideration from NSK’s
U.S. sales databases and adjusted the
dumping margins accordingly. The
Department also calculated the
inventory carrying costs for constructed
value in the same manner as indirect
selling expenses for constructed value,
and it included the inventory carrying
costs in the calculation of the
constructed export–price offset. As a
result of the Department’s
redetermination, NSK’s weighted–
average margins for the POR changed
from 12.61 percent to 12.57 percent
with respect to BBs and changed from
21.61 percent to 21.51 percent with
respect to CRBs. The Department’s
redetermination did not result in any
changes for Koyo’s weighted–average
margins or duty–assessment rates. On
November 15, 2001, the CIT affirmed
the Department’s Remand Results in
their entirety. See NSK Ltd. v. United
States, Consol. Court No. 97–02–00216,
Slip. Op. 01–133 (CIT November 15,
2001).
NSK, NTN, and Torrington appealed
the CIT’s remand affirmation but later
filed motions with the United States
Court of Appeals for the Federal Circuit
(CAFC) to sever and dismiss their
appeals voluntarily. On February 23,
2004, in response to motions of
voluntary dismissal by NSK and
Torrington in NSK Ltd. v. United States,
appeal numbers 02–1172 and 02–1173,
the CAFC granted the unopposed
motions and dismissed the appeals. On
July 19, 2004, in response to a motion
of voluntary dismissal by NTN in NSK
Ltd. v. United States, appeal number
02–1171, the CAFC granted the
unopposed motion and dismissed the
appeal.
Because all appeals have been
dismissed, there is now a final and
conclusive court decision with respect
to the companies affected by this
litigation (Koyo, NSK, NTN, and NPB),
pursuant to section 516A(e) of the Tariff
Act of 1930, as amended. We are
amending our final results of review for
these companies and we will instruct
U.S. Customs and Border Protection
(CBP) to liquidate the relevant entries
subject to these reviews in accordance
with our remand results.
Assessment of Duties
We are now amending the final
results of the 1994–1995 administrative
reviews of the antidumping duty orders
on BBs and CRBs from Japan to reflect
revised weighted–average margins for
NSK. We determine that revised
weighted–average margins of 12.57
percent exist for NSK on BBs and 21.51
percent for NSK on CRBs from Japan for
the period May 1, 1994, through April
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14JNN1
34448
Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Notices
30, 1995. There were no other changes
to the final margins we calculated for
other companies as a result of litigation.
Accordingly, the Department will
determine and CBP will assess
appropriate antidumping duties on
entries of the subject merchandise
produced or exported by the reviewed
companies. Individual differences
between U.S. price and normal value
may vary from the above percentages.
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: June 8, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–3066 Filed 6–13–E5; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[–485–806]
Certain Hot–Rolled Carbon Steel Flat
Products From Romania: Final Results
of Antidumping Duty Administrative
Review.
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 7, 2004, the
Department of Commerce (the
Department) published the preliminary
results of the antidumping duty
administrative review of certain hot–
rolled carbon steel flat products from
Romania. This review covers one
manufacturer/exporter of the subject
merchandise. The period of review
(POR) is November 1, 2002, through
October 31, 2003. Based on our analysis
of comments received, these final
results differ from the preliminary
results. The final results are listed below
in the ‘‘Final Results of Review’’
section.
AGENCY:
EFFECTIVE DATE:
June 14, 2005.
FOR FURTHER INFORMATION CONTACT:
David Layton or Paul Stolz, AD/CVD
Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–0371 and (202)
482–4474, respectively.
SUPPLEMENTARY INFORMATION:
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20:14 Jun 13, 2005
Jkt 205001
Background
On December 7, 2004, the Department
published the preliminary results of the
antidumping duty administrative review
of certain hot–rolled carbon steel flat
products from Romania. See Certain
Hot–Rolled Carbon Steel Flat Products
from Romania: Preliminary Results of
Antidumping Duty Administrative
Review, 69 FR 70644 (December 7, 2004)
(Preliminary Results). The review covers
one manufacturer/exporter, S.C. Ispat
Sidex S.A. (Sidex).
Romania’s designation as a non–
market-economy (NME) country
remained in effect until January 1, 2003.1
Since the first two months of the POR
fell before Romania’s graduation to
market–economy status and the last ten
months of this POR came after its
graduation, in its antidumping
questionnaire to Ispat Sidex, dated
January 26, 2004, the Department
determined that it would treat Romania
as an NME country from November 1,
2002, through December 31, 2002, and
a market–economy (ME) country from
January 1, 2003, through October 31,
2003. Ispat Sidex stated in its February
23, 2004, response to the Department’s
ME Section A questionnaire that it made
no sales of subject merchandise during
the 10-month ME period. In a separate
February 23, 2004, submission, Ispat
Sidex provided documentation to
support its claim that it had no sales
subject merchandise during the ME
portion of the POR. The Department
corroborated this claim using U.S.
Customs and Border Protection (CBP)
import data. See Decision Memorandum
to Gary Taverman (March 9, 2004)
available in the Department’s Central
Records Unit, room B099, of the main
Commerce building (CRU). Therefore, in
the section of this notice entitled ‘‘Final
Results of Review’’, we have calculated
a weighted–average dumping margin for
the NME portion of the POR because we
found no sales of subject merchandise
during the ME portion of the POR. This
1 In Certain Small Diameter Carbon and Alloy
Seamless Standard, Line, and Pressure Pipe from
Romania: Final Results of Antidumping Duty
Administrative Review, 68 FR 12672, 12673 (March
17, 2003), the Department reviewed the non-marketeconomy status of Romania and determined to
reclassify Romania as a market economy for
purposes of antidumping and countervailing duty
proceedings, pursuant to section 771(18)(A) of
Tariff Act of 1930 as amended, effective January 1,
2003. See Memorandum from Lawrence Norton,
Import Policy Analyst, to Joseph Spetrini, Acting
Assistant Secretary for Import Administration:
Antidumping Duty Administrative Review of
Certain Small Diameter Carbon and Alloy Seamless
Standard, Line, and Pressure Pipe from RomaniaNon-Market Economy Status Review (March 10,
2003).
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Frm 00008
Fmt 4703
Sfmt 4703
weighted–average figure represents the
dumping margin for the entire POR.
We invited parties to comment on our
preliminary results of review. Sidex and
a domestic interested party, United
States Steel Corporation (U.S. Steel),
filed case briefs on January 6, 2005, and
rebuttal briefs on January 18, 2005.
On April 13, 2005, the Department
published in the Federal Register a
notice extending the final results of the
administrative review of the
antidumping duty order on certain hot–
rolled carbon steel flat products from
Romania until no later than May 6,
2005. See Notice of Extension of Time
Limit for the Final Results of
Antidumping Duty Administrative
Review: Certain Hot–Rolled Carbon
Steel Flat Products from Romania, 70
FR 19417 (April 13, 2005).
On May 17, 2005, the Department
published in the Federal Register a
second notice further extending the
final results until no later than June 6,
2005. See Notice of Extension of Time
Limit for the Final Results of
Antidumping Duty Administrative
Review: Certain Hot–Rolled Carbon
Steel Flat Products from Romania, 70
FR 28275 (May 17, 2005).
Scope of the Order
The products covered by the order are
certain hot–rolled carbon steel flat
products of a rectangular shape, of a
width of 0.5 inch or greater, neither
clad, plated, nor coated with metal and
whether or not painted, varnished, or
coated with plastics or other non–
metallic substances, in coils (whether or
not in successively superimposed
layers), regardless of thickness, and in
straight length, of a thickness of less
than 4.75 mm and of a width measuring
at least 10 times the thickness.
Universal mill plate (i.e., flat–rolled
products rolled on four faces or in a
closed box pass, of a width exceeding
150 mm, but not exceeding 1250 mm,
and of a thickness of not less than 4.0
mm, not in coils and without patterns
in relief) of a thickness not less than 4.0
mm is not included within the scope of
this order.
Specifically included within the
scope are vacuum degassed, fully
stabilized steels (commonly referred to
as interstitial–free (IF) steels), high
strength low alloy (HSLA) steels, and
the substrate for motor lamination
steels. IF steels are recognized as low
carbon steels with micro–alloying levels
of elements such as titanium or niobium
(also commonly referred to as
columbium), or both, added to stabilize
carbon and nitrogen elements. HSLA
steels are recognized as steels with
micro–alloying levels of elements such
E:\FR\FM\14JNN1.SGM
14JNN1
]]>Agencies
[Federal Register Volume 70, Number 113 (Tuesday, June 14, 2005)]
[Notices]
[Pages 34447-34448]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3066]
[[Page 34447]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-804]
Antifriction Bearings (Other Than Tapered Roller Bearings) and
Parts Thereof from Japan; Amended Final Results of Antidumping Duty
Administrative Review Pursuant to Final Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 15, 2001, in response to its action in NSK Ltd.
and NSK Corporation, Koyo Seiko Co., Ltd. and Koyo Corporation of
U.S.A, NTN Bearing Corporation of America, NTN Corporation, American
NTN Bearing Manufacturing Corporation, NTN Driveshaft, Inc. and NTN-
Bower Corporation, and Nippon Pillow Block Sales Co., Ltd. and FYH
Bearing Units USA Inc. v. United States and The Torrington Company (NSK
Ltd. v. United States), Consol. Court No. 97-02-00216, Slip. Op. 01-69
(CIT June 6, 2001), 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 orders on antifriction bearings (other than tapered
roller bearings) and parts thereof from Japan for the period of review
May 1, 1994, through April 30, 1995. The merchandise covered by these
reviews is ball bearings and parts thereof (BBs), cylindrical roller
bearings and parts thereof (CRBs), and spherical plain bearings and
parts thereof (SPBs). 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 review and we will instruct U.S. Customs
and Border Protection to liquidate entries subject to these reviews.
EFFECTIVE DATE: June 14, 2005.
FOR FURTHER INFORMATION CONTACT: John Holman 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) 482-3683 or (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 15, 1997, the Department published Antifriction Bearings
(Other Than Tapered Roller Bearings) and Parts Thereof from France,
Germany, Italy, Japan, Singapore, Sweden, and the United Kingdom: Final
Results of Antidumping Duty Administrative Reviews, 62 FR 2081 (January
15, 1997), as amended by Antifriction Bearings (Other Than Tapered
Roller Bearings) and Parts Thereof from Japan and the United Kingdom:
Amended Final Results of Antidumping Duty Administrative Reviews, 62 FR
45795 (August 29, 1997) (collectively AFBs 6), which covered the period
of review (POR) May 1, 1994, through April 30, 1995. The classes or
kinds of merchandise covered by these reviews are BBs, CRBs, and SPBs.
NSK Ltd. and NSK Corporation (collectively NSK), Koyo Seiko Co.,
Ltd., and Koyo Corporation of U.S.A (collectively Koyo), NTN Bearing
Corporation of America, NTN Corporation, American NTN Bearing
Manufacturing Corporation, NTN Driveshaft, Inc., and NTN-Bower
Corporation (collectively NTN), Nippon Pillow Block Sales Co., Ltd.,
FYH Bearing Units USA Inc. (collectively NPB), and The Torrington
Company (collectively Torrington) appealed the Department's decisions
in AFBs 6. On June 6, 2001, the CIT issued its ruling in NSK Ltd. v.
United States, Consol. Court No. 97-02-00216, Slip Op. 01-69 (CIT June
6, 2001), remanding to the Department the final results in AFBs 6 as
follows: (1) To exclude any transactions that were not supported by
consideration from NSK's U.S. sales database; (2) to include the
imputed inventory carrying costs in the calculation of the constructed
export-price offset for NSK when matching constructed export-price
sales to constructed value; (3) to reconsider NSK's supplier
relationship; (4) to reconsider the Department's determination that a
certain model of Koyo's was outside the ordinary course of trade; (5)
to reconsider its determination that a certain home-market ball bearing
of Koyo's could be compared to U.S. sales because it is a foreign like
product; (6) to recalculate the dumping margins accordingly. This
remand affected NSK and Koyo directly with respect to the antidumping
duty orders on BBs and CRBs from Japan.
On September 4, 2001, the Department filed its final results of
redetermination with the CIT. See Final Results of Redetermination
Pursuant to Court Remand in Administrative Review of the Antidumping
Orders on Antifriction Bearings (other than Tapered Roller Bearings)
and Parts Thereof from Japan (September 4, 2001) (Remand Results). In
its redetermination, the Department excluded any transactions that were
not supported by consideration from NSK's U.S. sales databases and
adjusted the dumping margins accordingly. The Department also
calculated the inventory carrying costs for constructed value in the
same manner as indirect selling expenses for constructed value, and it
included the inventory carrying costs in the calculation of the
constructed export-price offset. As a result of the Department's
redetermination, NSK's weighted-average margins for the POR changed
from 12.61 percent to 12.57 percent with respect to BBs and changed
from 21.61 percent to 21.51 percent with respect to CRBs. The
Department's redetermination did not result in any changes for Koyo's
weighted-average margins or duty-assessment rates. On November 15,
2001, the CIT affirmed the Department's Remand Results in their
entirety. See NSK Ltd. v. United States, Consol. Court No. 97-02-00216,
Slip. Op. 01-133 (CIT November 15, 2001).
NSK, NTN, and Torrington appealed the CIT's remand affirmation but
later filed motions with the United States Court of Appeals for the
Federal Circuit (CAFC) to sever and dismiss their appeals voluntarily.
On February 23, 2004, in response to motions of voluntary dismissal by
NSK and Torrington in NSK Ltd. v. United States, appeal numbers 02-1172
and 02-1173, the CAFC granted the unopposed motions and dismissed the
appeals. On July 19, 2004, in response to a motion of voluntary
dismissal by NTN in NSK Ltd. v. United States, appeal number 02-1171,
the CAFC granted the unopposed motion and dismissed the appeal.
Because all appeals have been dismissed, there is now a final and
conclusive court decision with respect to the companies affected by
this litigation (Koyo, NSK, NTN, and NPB), pursuant to section 516A(e)
of the Tariff Act of 1930, as amended. We are amending our final
results of review for these companies and we will instruct U.S. Customs
and Border Protection (CBP) to liquidate the relevant entries subject
to these reviews in accordance with our remand results.
Assessment of Duties
We are now amending the final results of the 1994-1995
administrative reviews of the antidumping duty orders on BBs and CRBs
from Japan to reflect revised weighted-average margins for NSK. We
determine that revised weighted-average margins of 12.57 percent exist
for NSK on BBs and 21.51 percent for NSK on CRBs from Japan for the
period May 1, 1994, through April
[[Page 34448]]
30, 1995. There were no other changes to the final margins we
calculated for other companies as a result of litigation.
Accordingly, the Department will determine and CBP will assess
appropriate antidumping duties on entries of the subject merchandise
produced or exported by the reviewed companies. Individual differences
between U.S. price and normal value may vary from the above
percentages. 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: June 8, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-3066 Filed 6-13-E5; 8:45 am]
BILLING CODE 3510-DS-S
