SKF USA INC. v. UNITED STATES
Slip Op. 00-81 (CIT July 12, 2000)
FINAL RESULTS OF REDETERMINATION PURSUANT TO COURT REMAND
The Department of Commerce has prepared these final results of redetermination pursuant to the remand order of the U.S. Court of International Trade in SKF USA Inc. and SKF Industrie S.p.A. v. United States, Slip Op. 00-81 (CIT July 12, 2000). In accordance with its instructions, we have annulled all findings and conclusions made pursuant to our duty-absorption inquiry conducted for the subject review with respect to SKF USA Inc. and SKF Industrie S.p.A. (collectively SKF Italy).
On September 8, 2000, the Department released to interested parties for comment the draft results of redetermination pursuant to court remand. On September 12, 2000, we received comments from The Torrington Company which we have addressed in the "Discussion" section that follows. We did not receive comments from any other party.
BACKGROUND AND RESULTS
On July 12, 2000, the U.S. Court of International Trade (the Court) issued its ruling in SKF USA Inc. and SKF Industrie S.p.A. v. United States, Slip Op. 00-81 (CIT July 12, 2000) (SKF Italy), remanding to the Department of Commerce (the Department) the final results in 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, 64 FR 35590 (July 1, 1999) (AFBs 9). This remand directly affects SKF Italy with respect to the antidumping duty order on ball bearings from Italy and the period May 1, 1997, through April 30, 1998.
The issue remanded in SKF Italy concerns whether section 751(a)(4) of the Tariff Act of 1930, as amended, authorizes the Department to conduct a duty-absorption inquiry for the antidumping duty order in question, since the order predates the effective date of the Uruguay Round Agreements Act. Citing its recent decision in SKF USA Inc. v. United States, Slip Op. 00-28 (CIT March 22, 2000), the Court found that the Department lacked statutory authority to conduct a duty-absorption inquiry in the seventh administrative review of 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 (October 17, 1997). The Court remanded the review to the Department to annul all findings and conclusions made pursuant to its duty-absorption inquiry.
Comment: The Torrington Company (Torrington) contends that the Department has inherent authority to conduct inquiries into the absorption of antidumping duties in any review apart from the specific requirement imposed by section 751(a)(4) of the Act. It contends further that the Court exceeded its power by directing the Department to annul all findings and
conclusions made pursuant to its duty-absorption inquiry without permitting the agency to reach
a determination consistent with the Court's order. In support of these arguments Torrington cites to the rehearing motion it filed in the related court proceeding, Ct. No. 99-08-00473, dated March 30, 2000, and the April 4, 2000, rehearing motion filed by the United States in the same proceeding. It provides copies of these motions as attachments to its September 12, 2000, comments on the Department's draft remand results. While acknowledging that the Court denied both motions in an Order of May 8, 2000, Torrington still urges the Department to state in the final remand results that it disagrees with the decision of the Court in Slip. Op. 00-81 and on the aforementioned rehearing motions. It also urges the Department to state that the Court exceeded its power on judicial review.
Department's Position: As noted by Torrington, on April 14, 2000, the Department presented a motion to the Court to modify its ruling in the related proceeding on the ground that the Court had erred as a matter of law. See Defendant's Motion for Rehearing and Modification of the Court's Decision, Slip Op. 00-28, and Accompanying Order of March 22, 2000, filed in Court No. 99-08-00473 (CIT April 14, 2000), attached to Torrington's comments on our draft remand. That motion in the related proceeding set forth the Department's position on the matter (i.e., that the Court erred in nullifying the Department's duty absorption). As such, there is no need to repeat it here.
FINAL RESULTS OF REDETERMINATION
Therefore, the Department hereby complies with the remand order as directed by the Court in SKF Italy and annuls all findings and conclusions made pursuant to its duty-absorption inquiry conducted for AFBs 9 with respect to SKF Italy. Upon a final and conclusive court
decision affirming our remand determination, we will publish an amended final results of review to that effect. This change does not effect SKF Italy's weighted-average margin or duty-assessment rate.
Troy H. Cribb
Acting Assistant Secretary
for Import Administration