Date: 2013-08-01

U.S. Commerce Adjusts Antidumping Rate on Koyo Ball Bearings

The U.S. Department of Commerce, Import Administration, has adjusted its antidumping duties on ball bearings from Koyo of Japan.

This adjustment goes back to 2004, when Commerce issued its results from the regular administrative review of antidumping duties on ball bearings and parts from Japan. The period in question is May 1, 2002 through April 30, 2003. Commerce calculated Koyo's antidumping duty at 5.56%.

Koyo, NSK and Timken filed lawsuits with the Court of International Trade, challenging the results. It took until January 2006 for the CIT to side with Commerce and affirm the finding, except that Commerce was instructed to review its treatment of lump-sum billing adjustments reported by Koyo. Commerce was also instructed to better explain its "zeroing" handling of high-profit sales reported by NTN.

Commerce responded in April 2006, denied Koyo's lump-sum billing and adjusted the company's antidumping margin. The results are here [requires PDF reader].

By October 2006, the Court reviewed and affirmed Commerce's adjustments and findings.

Koyo, NSK and NTN again appealed, based on Commerce's use of "zeroing" treatment of non-dumped sales. Koyo also appealed the findings on its lump-sum payments, NSK and NTN also appealed on other grounds. At this point, their appeals went up one level, to the Court of Appeals for the Federal Circuit (CAFC).

In December 2007, the CAFC found in Commerce's favor and rejected the appeals. Koyo then filed another request for a rehearing. It was denied in March 2008. The next level for appeal would have been the U.S. Supreme Court, but the time limit for that had expired.

With the process now closed, Commerce has calculated a new weighted average antidumping duty margin for Koyo ball bearings from Japan :

Koyo Seiko Previous weighted-average duty: 5.56 %
Koyo Seiko new weighted-average duty: 5.55 %

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