FINAL RESULTS OF REDETERMINATION
The Department of Commerce (the Department) has prepared the final results of redetermination pursuant to the remand order from the U.S. Court of International Trade (CIT) in SKF USA Inc. v. The United States, Consol. Court No. 97-01-00054, Slip Op. 99-56 (June 29, 1999) (SKF). In accordance with the CIT's instructions, we have removed zero-price sample sales from our margin calculations. This change has resulted in a weighted-average margin of 3.73 percent for ball bearings and 18.80 percent for spherical plain bearings manufactured by SKF France S.A. and Sarma (SKF France).
On June 29, 1999, the CIT issued an order in SKF, remanding to the Department the final results in Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France, et al.; Final Results of Antidumping Duty Administrative Reviews, Partial Termination of Administrative Reviews, and Revocation in Part of Antidumping Duty Orders, 61 FR 66472 (December 17, 1996) (AFBs V). In SKF, the CIT remanded the final results to the Department to exclude from the U.S. sales database for SKF France samples for which SKF France received no consideration. The remand affects SKF France with respect to the antidumping duty orders on ball bearings and spherical plain bearings from France for the period May 1, 1993, through April 30, 1994.
Pursuant to the order of the CIT, we have excluded from the U.S. sales database for SKF France samples for which SKF France received no consideration. The Department did this by setting the U.S. price and the antidumping duty margin for such transactions to zero. Thus, these transactions are effectively excluded from our weighted-average margin calculation. However, the U.S. Customs Service collects 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.(1) Thus, even though the customer-specific assessment rates are applied to all subject merchandise because of the logistical limitations of the Customs Service, the actual amount of dumping duties due is exclusive of sample merchandise. This practice is consistent with our practice in all reviews of this order since the Court of Appeals for the Federal Circuit's decision in NSK Ltd. v. United States, 115 F.3d 965, 975 (Fed. Cir. 1997). See, e.g., 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, 54068-9 (October 17, 1997).
On August 27, 1999, we issued our draft results of remand to interested parties for comments. We received no comments from any interested party and have made no changes to our draft results determination.
FINAL RESULTS OF REDETERMINATION
In accordance with the remand order, we have recalculated the antidumping duty margins for SKF France as directed by the CIT. As a result, the antidumping margin for SKF France for the period May 1, 1993, through April 30, 1994, decreased from 3.75 percent to 3.73 percent for ball bearings and remained at 18.80 percent for spherical plain bearings.
Acting Assistant Secretary
for Import Administration
September 10, 1999
1. Custom Services has no way of distinguishing between "sample" and "sold" subject merchandise as the subject merchandise enters the country. Thus, we calculated the customer-specific assessment rates by spreading the amount of dumping duties due that we calculated after excluding sample merchandise over the value (or quantity) of all subject merchandise to derive an ad valorem (or per-unit) rate applicable to all entries made during the period of review.