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The eBearing News
November 18, 2003
U.S. ITC Answers Court-Ordered Remand,
Votes to Continue Dumping Duties on Bearings
copyright © 2003 eBearing Inc.
The United States International Trade Commission (ITC) voted yesterday, November 17, 2003,
to continue dumping duties on ball bearings, as determined in their five-year
sunset review and published in 2000.
eBearing spoke to an ITC representative, who indicated today's vote was 3-0 in favor of continuing
the duties.
The Commission said, "The Commission found on remand that revoking the existing antidumping duty orders
on imports of ball bearings from France, Germany, Italy, Japan, Singapore, and the United Kingdom
would be likely to lead to continuation or recurrence of material injury to an industry
in the United States within a reasonably foreseeable time."
• ITC News Release full text: November 17, 2003
The vote was required because the United States Court of International Trade remanded the ITC's
original decision back for clarification and vote.
Background
Many of these dumping duties on bearings go back to 1976 and 1987 findings that bearings were being
sold into the United States at less than fair value ("dumped"), damaging the domestic industry.
The Uruguay Round Agreements Act requires the Department of Commerce to revoke antidumping duties
after five years unless the Department of Commerce and the ITC determine that revoking the duties
would result in repeat violations and/or further damage to the domestic industry. The reviews
can either be short, expedited reviews or full reviews with public hearings, questionnaires, and
solicited input from involved parties.
In 1999, due to input from a wide number of bearing manufacturers, the ITC voted to conduct full
five-year (Sunset) reviews concerning certain bearings
from China, France, Germany, Hungary, Italy, Japan, Romania, Singapore, Sweden and the United Kingdom.
In those reviews, the ITC determined whether revoking the existing antidumping finding and antidumping
duty orders would, "be likely to lead to continuation or recurrence of material injury within a
reasonably foreseeable time."
Completing it investigation in early 2000, the ITC made the decision to revoke antidumping findings on
tapered roller bearings
from Japan, Hungary and Romania, and on ball bearings from Romania and Sweden, on cylindrical roller
bearing from France, Germany, Italy, Japan, Sweden and the United Kingdom, and spherical plain
bearings from Germany and Japan.
In 2000, the ITC also decided to keep antidumping duties on tapered roller bearings from China
and on ball bearings from France, Germany, Italy, Japan, Singapore and the United Kingdom. Spherical
plain bearings from France also continued with antidumping duties.
The ITC's full review and findings were published as Publication 3309 in June 2000.
• ITC Publication 3309, June 2000
The findings were summarized in the ITC's news release:
• ITC News Release: Five-Year
(Sunset) Reviews
Concerning Certain Bearings from China, France, Germany, Hungary,
Italy, Japan, Romania,
Singapore, Sweden, and the United Kingdom
The revocation notice for dumping duties was published in the Federal Register:
• ITC Revocation Order
As was the continuation notice for dumping duties on other bearings:
• ITC Continuation Order
In April 2003, Timken appealed the revocation of dumping duties on bearings from Japan, via a filing
with the United States Court of International Trade. Timken argued that, for a variety of factual and
procedural reasons, the ITC's 4-to-1 vote to rescind dumping duties on tapered roller bearings from Japan should not be
allowed to stand. NSK Ltd. and its divisions, NTN and its divisions, and Koyo Seiko opposed Timken's arguments.
The court remanded the final determination back to the ITC to: (a) explain the likely impact of TRB imports
Japan on the entire United States TRB industry; (b) further investigate and explain the basis that Japanese
TRB producers used to report their capacity to produce TRBs to the commission; (c) further explain the
Commission's findings in the context of the TRB business cycle.
• Decision Slip Op. 03-45 of the Court of International Trade
In September 2003, NMB, NSK-RHP, NSK, SKF, NTN, NTN-BCA, Barden and FAG appealed a wide variety and
various aspects of the June 2000 Sunset review; specifically, the decision to continue
dumping duties on ball bearings.
The United States Court of International Trade found against the companies on some issues but again remanded
the 2000 review back to the ITC to:
"(1) explain how commodity-like the Commission deems the other antifriction bearings; and (2)(a) apply this
Court's finding as to the meaning of the term "likely" in determining, pursuant to 19 U.S.C. 1675a(a)(7)
whether to cumulate subject imports of ball bearings from France, Germany, Italy, Japan, Singapore,
and the United Kingdom, (b) reconcile the error alleged by NMB with respect to NMB's sister company, if
the Commission utilizes NMB's sister company in the Commission's cumulation determination, and
(c) apply this Court's finding as to the meaning of the term "likely" in determining, pursuant
to 19 U.S.C. 1675a(a)(1), whether revocation of antidumping duty orders on ball bearings from France,
Germany, Italy, Japan, Singapore and the United Kingdom would likely lead to continuation or recurrence
of material injury."
• Decision Slip Op. 03-115 of the Court of International Trade
Yesterday's 3-0 vote by the ITC, continuing the findings and duties as-is, will be further explained by the
ITC in its report back to the CIT which is due by December 2, 2003.
The ITC said its, "remand determinations will be delivered to the Court of International Trade
by December 2, 2003. The ITC's public report, "Ball Bearings from France, Germany, Italy, Japan,
Singapore, and the United Kingdom (Views on Remand) (Inv. Nos. 731-TA-391-394, 396, and 399 (Review)
(Remand), USITC Publication 3648, December 2003)," will contain the views of the Commission."
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- by Bruce A. Carr
from individual research,
tips and commercial sources.
Unauthorized reproduction is prohibited.
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eBearing.com ... for everything that moves™
Entire contents Copyright 1999-2008, eBearing Inc. All rights reserved.
eBearing.com and "... for everything that moves" are registered
trademarks of eBearing Inc.
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eBearing.com ... for everything that moves™
Entire contents Copyright © 1999-2008, eBearing Inc. All rights reserved.
eBearing.com and "... for everything that moves" are registered trademarks of eBearing Inc.
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