Peer Bearing Co. v. United States , 24 Ct. Int'l Trade 143 ( 2000 )

Slip Op. 00-22
UNITED STATES COURT OF INTERNATIONAL TRADE
BEFORE: SENIOR JUDGE NICHOLAS TSOUCALAS
___________________________________
:
PEER BEARING COMPANY, :
:
Plaintiff, :
:
and :
:
L&S BEARING COMPANY, : Court No. 97-12-02123
:
Plaintiff-Intervenor, :
:
v. :
:
UNITED STATES, :
:
Defendant, :
:
and :
:
THE TIMKEN COMPANY, :
:
Defendant-Intervenor. :
___________________________________:
JUDGMENT
On July 21, 1999, this Court remanded to the United States
Department of Commerce, International Trade Administration
(“Commerce”) for correction of a clerical error arising from the
final results of the administrative review, entitled Tapered Roller
Bearings and Parts Thereof, Finished and Unfinished, From the
People’s Republic of China; Final Results of Antidumping
Administrative Review, 62 Fed. Reg. 61,276 (Nov. 17, 1997). See
Peer Bearing Co. v. United States, 23 CIT ___, ___, 57 F. Supp. 2d
1200, 1206 (1999). The Court ordered Commerce to correct the
Court No. 97-12-02123 Page 2
inadvertent reversal of the skilled and unskilled labor rates in
its calculation of factors of production and to adjust the dumping
margins accordingly. See id. at 1203.
On September 17, 1999, Commerce released draft remand results
in this action. The Timken Company (“Timken”) submitted a comment
on the draft remand results. In its comment, Timken argued that
recalculation of the dumping margin was unnecessary.
On October 19, 1999, pursuant to the Court’s remand order,
Commerce filed its Final Results of Redetermination Pursuant to
Court Remand, Peer Bearing Co. v. United States, Court No. 97-12-
02123 (“Remand Results”) (July 21, 1999). In the Remand Results,
Commerce corrected the clerical error reversing the labor rates and
recalculated the margin for the Peer Bearing Company (“Peer”).
Remand Results at 1, 4.
In its comments on the Remand Results, Timken argues (1) that
recalculation of the dumping margin was unnecessary, and (2) that
Commerce erroneously assigned the corrected rate to Peer, the
importer, instead of Chin Jun Industrial Ltd. (“Chin Jun”), the
reseller. Accordingly, Timken contends that Commerce’s Remand
Results should not be affirmed.
The Court finds that contrary to Timken’s arguments,
recalculation of the dumping margin became necessary when Commerce
Court No. 97-12-02123 Page 3
corrected the skilled and unskilled labor rates. Furthermore, the
Court finds that it is unnecessary to remand the case to apply the
corrected rate to Chin Jun. It is obvious that Commerce had
properly calculated and applied the rate to Chin Jun and had
inadvertently switched the names of the companies in the Remand
Results.
Since Commerce has complied with this Court’s remand order, it
is hereby
ORDERED that the Remand Results are affirmed in their
entirety, and all other issues having been previously decided, it
is further
ORDERED that this case is dismissed.
__________________________
NICHOLAS TSOUCALAS
SENIOR JUDGE
Dated: February 22, 2000
New York, New York