V. THE UNITED STATES
Slip Op. 97-122 (August 28, 1997)
Court No. 92-07-00470
FINAL RESULTS OF REDETERMINATION PURSUANT TO COURT REMAND
The Department of Commerce (the Department) has prepared these final results of redetermination pursuant to the remand order from the U.S. Court of International Trade (CIT) in NSK LTD. and NSK Corporation (NSK) v. United States, Slip Op. 97-122 (August 28, 1997). In accordance with the CIT's instructions, we have removed the zero-priced U.S. samples sales from our analysis. This change has resulted in weighted-average margins of 4.63 percent and 12.47 percent for ball bearings and cylindrical roller bearings manufactured by NSK, respectively.
On August 28, 1997, the CIT remanded to the Department of Commerce (the Department) the amended final results of the 1990-91 administrative reviews of the antidumping duty orders on antifriction bearings and parts thereof (AFBs) from Japan. See NSK v. United States, Slip Op. 97-122 (August 28, 1997). In its order, the CIT vacated its March 7, 1996, order upholding the Department's inclusion of NSK's free samples to potential U.S. customers in NSK's U.S. sales database to compute U.S. price. The CIT's decision to vacate its earlier ruling was made pursuant to a June 10, 1997, decision by the United States Court of Appeals for the Federal Circuit in NSK Ltd. and NSK Corporation v. United States, 115 F.3d 965 (1997), in which the Federal Circuit reversed the CIT's March 7, 1996 decision with respect to the U.S. sample-sale issue. On October 15, 1997, we released the draft remand results to interested parties for comment. Because we received no comments on our draft results of remand, the final results of remand are the same as the draft results of remand.
FINAL RESULTS OF REDETERMINATION
In accordance with the remand order, we have recalculated the antidumping duty margins for NSK as directed by the CIT. We have implemented the CIT's instruction by setting the margin and price of sample transactions to zero, which has the effect of eliminating such transactions from the database for the weighted-average margin calculations.
In order to ensure that we collect duties only on sales of subject merchandise, however, we have included the entered values and quantities of the sample transactions in our calculation of the assessment rates and set the dumping duties due for such transactions to zero. We have done this because U.S. Customs will collect the ad valorem (or per-unit, where applicable) duty-assessment rate on all entries of subject merchandise regardless of whether the merchandise was a sample transaction.
The recalculated weighted-average percentage dumping margins for the period
May 1, 1990 through April 30, 1991, for BBs and CRBs are as follows:
Company BBs CRBs
NSK LTD. and NSK Corporation 4.63 12.47
This redetermination is pursuant to the order of the CIT in NSK LTD. and NSK
Corporation (NSK) v. The United States, Slip Op. 97-122 (August 28, 1997).
Robert S. LaRussa
for Import Administration
Date: October 24, 1997