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RHP Bearings Ltd. v. United States

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Appealed from: United States Court of International Trade

Senior Judge Nicholas Tsoucalas

RHP Bearings Ltd. (“RHP Bearings”), NSK Bearings Europe Ltd. (“NSK Bearings”), and NSK Corporation (collectively, “RHP-NSK”) appeal the final decision of the United States Court of International Trade that affirmed the final antidumping duty determination of the United States Department of Commerce, International Trade Administration (“Commerce”), in Antifriction Bearings (Other Than Tapered Rolling Bearings) and Parts Thereof From France, Germany, Italy, Japan, Romania, Singapore, Sweden, and the United Kingdom; Final Results of Antidumping Duty Administrative Reviews (“Final Results”), 63 Fed. Reg. 33,320 (Dep’t Commerce June 18, 1998). RHP Bearings Ltd. v. United States, 120 F. Supp. 2d 1116 (Ct. Int’l Trade 2000). The Court of International Trade held that, in its determination of the antidumping duty to be applied to antifriction bearings imported into the United States by RHP-NSK during the period covered by the Final Results, Commerce had not erred in computing (i) the constructed export price of the imported bearings, pursuant to 19 U.S.C. � 1677a (1999) *fn1 , or (ii) the normal value of the bearings, pursuant to 19 U.S.C. � 1677b. RHP Bearings, 120 F. Supp. 2d at 1131. Specifically, the court determined that Commerce did not err when, in computing the constructed export price of the subject bearings, it declined to apply the special rule of 19 U.S.C. � 1677a(e), that comes into play in the circumstances where value is added to merchandise after importation. RHP Bearings, 120 F. Supp. 2d at 1126. The court also held that, when using constructed value to determine the normal value of the subject bearings, see 19 U.S.C. � 1677b(e), Commerce did not err in computing the profit component of constructed value. *fn2 RHP Bearings, 120 F. Supp. 2d at 1126-27.

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