[Federal Register: May 6, 2002 (Volume 67, Number 87)]
[Notices]               
[Page 30365-30366]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my02-29]                         

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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 Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Final Court Decisions and Amended Final Results of 
Antidumping Duty Administrative Review.

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SUMMARY: On March 13, 1997, the Department of Commerce (the Department) 
published the final results of its administrative reviews of the 
antidumping duty order on tapered roller bearings (TRBs) and parts 
thereof, finished and unfinished, from Japan (A-588-604), and the 
antidumping finding on TRBs, four inches or less in outside diameter, 
and components thereof, from Japan (A-588-054) for the period October 
1, 1994 through September 30, 1995. See Tapered Roller Bearings and 
Parts Thereof, Finished and Unfinished, From Japan and Tapered Roller 
Bearings, Four Inches or Less in Outside Diameter, and Components 
Thereof, From Japan; Final Results of Antidumping Duty Administrative 
Reviews and Termination in Part, 62 FR 11825 (March 13, 1997) (1994-95 
TRBs from Japan). Subsequent to our publication of these final results, 
one party to the proceedings challenged certain aspects of our final 
results before the United States Court of International Trade (CIT).The 
CIT has affirmed the final remand results with respect to the 1994-95 
final results. As there are now final and conclusive court decisions 
with respect to the litigation pertaining to this proceeding, we are 
hereby amending our final results of review and will subsequently 
instruct Customs to liquidate entries subject to these reviews.

DATES: May 6, 2002.

FOR FURTHER INFORMATION CONTACT: Deborah Scott or Robert James, AD/CVD 
Enforcement, Group III, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
2657 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Below is a summary of the litigation for the 1994-95 final results 
for which the CIT has now issued a final and conclusive decision.
    On March 13, 1997, we published in the Federal Register our notice 
of the final results of administrative reviews for the 1994-95 period 
of review (POR) (see 1994-95 TRBs from Japan). Subsequent to the 
publication of these final results, the petitioner, The Timken Co. 
(Timken), challenged various aspects of our final results before the 
CIT (Court No. 97-04-00562). The CIT remanded the case with respect to 
TRBs manufactured by Koyo Seiko Co., Ltd. (Koyo) and ordered the 
Department to: 1) determine the extent to which Koyo reported any 
positive values for inside diameters for cups and outside diameters for 
cones in its sales of U.S. cups and cones and to correct the computer 
program by setting the value of any positive inside cup diameters or 
outside cone diameters to zero in Koyo's U.S. summary sales database; 
and 2) ensure that no models were matched to constructed value (CV) 
when a comparison to similar home-market products was appropriate in 
accordance with Cemex, S.A. v. United States, 113 F.3d 897 (Fed. Cir. 
1998). See Timken v. U.S., Slip Op. 98-92 (July 2, 1998). No party 
appealed the CIT's decision.
    As there is now a final and conclusive court decision with respect 
to this litigation (see Timken v. U.S., Slip Op. 99-9 (January 22, 
1999)), we are amending our final results of review for Koyo based on 
our recalculation of Koyo's rates pursuant to the remand. The amended 
final results margin for Koyo is 21.49 percent for the 1994-95 
administrative review of the antidumping finding on TRBs from Japan. We 
will issue instructions to Customs to liquidate entries of subject 
merchandise made by Koyo 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 1994-95 administrative review of the antidumping finding 
on TRBs from Japan manufactured by Koyo. The amended weighted-average 
margin for Koyo in the antidumping finding on TRBs from Japan (A-588-
054) for the period October 1, 1994 through September 30, 1995 is 21.49 
percent.
    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

[[Page 30366]]

period listed above. The Department will issue appraisement 
instructions directly to Customs.

    Dated: April 29, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-11181 Filed 5-3-02; 8:45 am]
BILLING CODE 3510-DS-S