AD: China Tapered Roller Bearings and Parts Thereof, Finished or Unfinished
The International Trade Administration (ITA) has issued a notice stating that on January 21, 2005, the Court of International Trade (CIT) affirmed the ITA's final results of redetermination on remand (remand results) with respect to tapered roller bearings and parts thereof, finished or unfinished from China.
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(The CIT issued this ruling with respect to Luoyang Bearing Factory v. United States (Slip Op. 05-3), a lawsuit challenging the ITA's final results of the 1998-1999 antidumping (AD) duty administrative review of subject merchandise from China.)
The ITA states that in its remand results, it revised the surrogate value for steel inputs used in the production of rollers by excluding aberrational data as well as data that it had reason to believe or suspect were distorted. The ITA also corrected a clerical error in the programming used to calculate the margin for Zheijiang Machinery Import & Export Corporation (ZMC).
Court Decision Would Revise Rates for 3 Companies, Rates for 1 Company and China Entity Would Remain Unchanged
According to the ITA, as a result of the remand results, the recalculated AD duty rate for Luoyang Bearing Factory (Luoyang) would be 3.85% (from 4.37%), for ZMC would be zero (from 7.37%), and for China National Machinery Import & Export Corporation (CMC) would be 0.78% (from 0.82%).
The ITA states that the remand results would not change the zero AD duty rate for Wafangdian Bearing Company, Limited (Wafangdian) or the China Entity AD duty rate of 60.95% as determined in the final results of administrative review for the 1998-1999 period. In addition, the final results determination to revoke the order with respect to Wafangdian when it is both producer and exporter would not change.
Revised Rates, Liquidation, Etc. Not in Effect Until "Conclusive" Court Decision
The ITA states that it must continue to suspend liquidation of subject merchandise pending the expiration of the period of appeal to the CIT's January 21, 2005 decision, or, if that decision is appealed, pending a final decision by the Court of Appeals for the Federal Circuit (CAFC).
The ITA states that if the case is not appealed, or if it is appealed and upheld by the CAFC, the ITA will instruct U.S. Customs and Border Protection (CBP) to revise the AD duty cash deposit rates, as appropriate, and to liquidate relevant entries covering the subject merchandise, effective February 16, 2005.
(See ITT's Online Archives or 01/12/01 news, 01011130, for BP summary of the final results of AD duty administrative review for the June 1, 1998 - May 31, 1999 review period. See ITT's Online Archives or 02/28/01 news, 01022728, for BP summary of the amended final results for this review period.)
ITA Contact - Andrew Smith (202) 482-1276
ITA Notice (FR Pub 02/16/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-651.pdf