FINAL RESULTS OF REDETERMINATION PURSUANT TO COURT REMAND
The Department of Commerce has prepared these final results of redetermination pursuant to the remand order from the U.S. Court of International Trade (CIT) in SKF USA Inc. v. United States, Consol. Court No. 97-01-00054-S, Slip Op. 01-86 (CIT July 16, 2001). In accordance with the CIT's instructions, we have reconsidered our calculation of FAG Kugelfischer Georg Schafer AG's general and administrative expenses, and we have recalculated FAG Kugelfischer Georg Schafer AG's margins accordingly. This change has resulted in a weighted-average margin of 12.33 percent for ball bearings manufactured by FAG, 12.50 percent for cylindrical roller bearings manufactured by FAG, and 2.10 percent for spherical plain bearings manufactured by FAG. No other company was involved in this remand.
On December 2, 1999, the CIT issued an order in SKF USA Inc. v. United States, Consol. Court No. 97-01-00054-S, Slip Op. 01-86 (CIT July 16, 2001), 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, Singapore, Sweden, and the United Kingdom; Final Results of Antidumping Duty Administrative Reviews and Partial Termination of Administrative Reviews, 61 FR 66472 (December 17, 1996) (AFBs 5). In SKF USA Inc. v. United States, the CIT remanded the final results to the Department to reconsider its calculation of general and administrative (G&A) expenses with respect to FAG Kugelfischer Georg Schafer AG (FAG). On September 6, 2001, we released our draft results of redetermination to interested parties for comment. On September 13, 2001, we received comments from FAG. The remand affects FAG with respect to the antidumping duty orders on ball bearings (BBs), cylindrical roller bearings (CRBs), and spherical plain bearings (SPBs) from Germany for the period May 1, 1993, through April 30, 1994.
Pursuant to the order of the CIT, we have reconsidered our calculation of FAG's G&A expenses. In AFBs 5, we included the loss from the sale of FAG's Korean joint venture in FAG's G&A expenses. However, upon reconsideration, we conclude that the inclusion of this loss is inappropriate because it is related to an investment and not to the general operations of the company. Therefore, we have recalculated FAG's G&A expenses by not including the loss from the sale of its Korean facility and we have recalculated FAG's margin accordingly.
Comment: FAG contends that the Department made a clerical error in not excluding the loss from the sale of its Korean facility from the G&A expenses it calculated for further manufacturing in the United States.
Department's Position: We agree with FAG that this is a clerical error. We have corrected this error and recalculated FAG's margins accordingly.
FINAL RESULTS OF REDETERMINATION
In accordance with the remand order, we have recalculated the antidumping duty margins for FAG as directed by the CIT.
The recalculated weighted-average percentage dumping margins for the period
May 1, 1993 through April 30, 1994, for BBs, CRBs, and SPBs are as follows:
These final results of redetermination are pursuant to the remand order of the CIT in SKF USA Inc. v. United States, Consol. Court No. 97-01-00054-S, Slip Op. 01-86 (CIT July 16, 2001).
Joseph A. Spetrini
Date: October 9, 2001