Fag Kugelfischer Georg Schafer Ag v. U.S.
| Decision Date | 02 February 2001 |
| Docket Number | Court No. 97-02-00260.,Slip Op. 01-13. |
| Citation | 131 F.Supp.2d 104 |
| Parties | FAG KUGELFISCHER GEORG SCHAFER AG, FAG Bearings Corporation, SKF USA Inc., SKF GmbH, NTN Bearing Corporation of America, NTN Kugellagerfabrik (Deutschland) GmbH, INA Walzlager Schaeffler KG and INA Bearing Company, Inc., Plaintiffs and Defendant-Intervenors, v. UNITED STATES, Defendant, and The Torrington Company, Defendant-Intervenor and Plaintiff. |
| Court | U.S. Court of International Trade |
Barnes, Richardson & Colburn, (Donald J. Unger and Kazumune V. Kano), Chicago, IL, for NTN.
Arent Fox Kintner Plotkin & Kahn PLLC, (Stephen L. Gibson), Washington, DC, for INA.
Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, (Velta A. Melnbrencis, Assistant Director); of counsel: Mark A. Barnett, Thomas Fine, Patrick V. Gallagher, Myles S. Getlan, David R. Mason and Dean A. Pinkert, Office of the Chief Counsel, for Import Administration, United States Department of Commerce, Washington, DC, for defendant.
Stewart and Stewart (Terence P. Stewart, James R. Cannon, Jr., Wesley K. Caine, Geert De Prest and Lane S. Hurewitz), Washington, DC, for Torrington.
Plaintiffs and defendant-intervenors, FAG Kugelfischer Georg Schafer AG, FAG Bearings Corporation (collectively "FAG"), SKF USA Inc., SKF GmbH (collectively "SKF"), NTN Bearing Corporation of America, NTN Kugellagerfabrik (Deutschland) GmbH (collectively "NTN"), and INA Walzlager Schaeffler KG and INA Bearing Company, Inc. (collectively "INA"), move pursuant to USCIT R. 56.2 for judgment upon the agency record challenging various aspects of the United States Department of Commerce, International Trade Administration's ("Commerce") final determination, entitled Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France, Germany, Italy, Japan, Singapore, and the United Kingdom; Final Results of Antidumping Duty Administrative Reviews ("Final Results"), 62 Fed. Reg.2081 (Jan. 15, 1997), as amended, Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France, Germany, Italy, Japan, and Singapore; Amended Final Results of Antidumping Duty Administrative Reviews, 62 Fed.Reg. 14,391 (Mar. 26, 1997). Defendant-intervenor and plaintiff, The Torrington Company ("Torrington"), also moves pursuant to USCIT R. 56.2 for judgment upon the agency record challenging certain aspects of Commerce's Final Results.
Specifically, FAG argues that Commerce erred in: (1) calculating constructed value ("CV") profit; (2) failing to match United States sales to similar home-market sales prior to resorting to CV when all home-market sales of identical merchandise have been disregarded; (3) including its zero-value United States transactions in its margin calculations; and (4) excluding amounts for imputed credit and inventory carrying expenses in its calculation of total expenses for the constructed export price ("CEP") profit ratio.
SKF contends that Commerce erred in: (1) calculating CV profit; (2) calculating the CV home-market credit expense rate based on home-market gross unit price while applying that rate to the per unit cost of production; (3) including its zero-value United States transactions in its margin calculations; and (4) failing to match United States sales to similar home-market sales prior to resorting to CV when all home-market sales of identical merchandise have been disregarded.
NTN contends that Commerce erred in: (1) making certain adjustments to the starting price of CEP and denying a price-based level of trade ("LOT") adjustment for CEP sales; (2) recalculating indirect selling expenses without regard to LOT; and (3) determining CEP profit without regard to LOT.
INA contends that Commerce erred in: (1) calculating CV profit; (2) excluding amounts for imputed credit and inventory carrying expenses in its calculation of total expenses for the CEP profit ratio; (3) failing to apply the special rule for merchandise with value added after importation under 19 U.S.C. § 1677a (1994); and (4) failing to convert certain expenses from foreign currency to United States dollars in calculating EP and CEP.
Torrington contends that Commerce erred in its treatment of: (1) SKF's home-market early-payment discounts; (2) SKF's home-market support rebates; (3) SKF's home-market billing adjustments; (4) INA's home-market billing adjustments; and (5) NTN's home-market early-payment discounts.
Held: FAG's USCIT R. 56.2 motion is denied in part and granted in part. SKF's USCIT R. 56.2 motion is denied in part and granted in part. NTN's USCIT R. 56.2 motion is denied. INA's USCIT R. 56.2 motion is denied in part and granted in part. Torrington's USCIT R. 56.2 motion is denied. The case is remanded to Commerce to: (1) first attempt to match FAG's and SKF's United States sales to similar home-market sales before resorting to CV; (2) exclude any transactions that were not supported by consideration from FAG's and SKF's United States sales databases and to adjust the dumping margins accordingly; (3) include all expenses included in "total United States expenses" in the calculation of "total expenses" for FAG's and INA's CEP profit ratios; (4) reconsider its decision to calculate SKF's home-market credit expense rate based upon price and then apply that rate to cost; and (5) convert certain expenses from foreign currency to United States dollars in calculating EP and CEP for INA.
Plaintiffs and defendant-intervenors, FAG Kugelfischer Georg Schafer AG, FAG Bearings Corporation (collectively "FAG"), SKF USA Inc., SKF GmbH (collectively "SKF"), NTN Bearing Corporation of America, NTN Kugellagerfabrik (Deutschland) GmbH (collectively "NTN"), and INA Walzlager Schaeffler KG and INA Bearing Company, Inc. (collectively "INA"), move pursuant to USCIT R. 56.2 for judgment upon the agency record challenging various aspects of the United States Department of Commerce, International Trade Administration's ("Commerce") final determination, entitled Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France, Germany, Italy, Japan Singapore, and the United Kingdom; Final Results of Antidumping Duty Administrative Reviews ("Final Results"), 62 Fed. Reg.2081 (Jan. 15, 1997), as amended, Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France, Germany, Italy, Japan, and Singapore; Amended Final Results of Antidumping Duty Administrative Reviews, 62 Fed.Reg. 14,391 (Mar. 26, 1997). Defendant-intervenor and plaintiff, The Torrington Company ("Torrington"), also moves pursuant to USCIT R. 56.2 for judgment upon the agency record challenging certain aspects of Commerce's Final Results.
Specifically, FAG argues that Commerce erred in: (1) calculating constructed value ("CV") profit; (2) failing to match United States sales to similar home-market sales prior to resorting to CV when all home-market sales of identical merchandise have been disregarded; (3) including its zero-value United States transactions in its margin calculations; and (4) excluding amounts for imputed credit and inventory carrying expenses in its calculation of total expenses for the constructed export price ("CEP") profit ratio.
SKF contends that Commerce erred in: (1) calculating CV profit; (2) calculating the CV home-market credit expense rate based on home-market gross unit price while applying that rate to the per unit cost of production; (3) including its zero-value United States transactions in its margin calculations; and (4) failing to match United States sales to similar home-market sales prior to resorting to CV when all home-market sales of identical merchandise have been disregarded.
NTN contends that Commerce erred in: (1) making certain adjustments to the starting price of CEP and denying a price-based level of trade ("LOT") adjustment for CEP sales; (2) recalculating indirect selling expenses without regard to LOT; and (3) determining CEP profit without regard to LOT.
INA contends that Commerce erred in: (1) calculating CV profit; (2) excluding amounts for imputed credit and inventory carrying expenses in its calculation of total expenses for the CEP profit ratio; (3) failing to apply the special rule for merchandise with value added after importation under 19 U.S.C. § 1677a (1994); and (4) failing to convert certain expenses from foreign currency to United States dollars in calculating export price ("EP") and CEP.
Torrington contends that Commerce erred in its treatment of: (1) SKF's home-market early-payment discounts; (2) SKF's home-market support rebates; (3) SKF's home-market billing adjustments; (4) INA's home-market billing adjustments; and (5) NTN's home-market early-payment discounts.
This case concerns the sixth review of the antidumping duty order on antifriction bearings (other than tapered roller bearings) and parts thereof ("AFBs") imported to the United States from Germany during the review period of May 1, 1994 through April 30, 1995. On July 8, 1996, Commerce published the preliminary results of the subject review. See Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France, Germany, Italy, Japan, Romania, Singapore, Thailand and the United Kingdom; Preliminary Results of Antidumping Duty Administrative Reviews, Termination of...
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