Torrington Co. v. United States

16 Ct. Int'l Trade 71, 786 F. Supp. 1016, 16 C.I.T. 71, 13 I.T.R.D. (BNA) 2413, 1992 Ct. Intl. Trade LEXIS 12
Procedural entryThis page is a short order in Torrington Co. v. United States. Read the opinion of the Court — 745 F. Supp. 718
United States Court of International Trade·Decided February 19, 1992·No. Court No. 89-06-00358·Published

Opinion

Opinion

Tsoucalas, Judge:

Plaintiff, The Torrington Company (“Tor-rington”), brings this action to challenge the final determination of the Department of Commerce, International Trade Administration (“Commerce” or “ITA”) in the antidumping investigation of antifriction bearings from France. Final Determinations of Sales at Less Than Fair Value: Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France, 54 Fed. Reg. 19,092 (1989). Pursuant to Rule 56.1 of the Rules of this Court, plaintiff seeks partial judgment upon the agency record regarding that part of the ITA’s determination which stated that the petition encompassed five separate classes or kinds of antifriction bearings. Torrington also contests the ITA’s decision to discontinue its investigation of the French costs of production.

[72]*72Discussion

A final determination by the Department of Commerce will be sustained unless that determination is not supported by substantial evidence or is otherwise not in accordance with law. 19 U.S.C. § 1516a(b)(l)(B) (1988). Substantial evidence is relevant evidence that “a reasonable mind might accept as adequate to support a conclusion.” Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229 (1938); Alhambra Foundry Co. v. United States, 12 CIT 343, 345, 685 F. Supp. 1252, 1255 (1988). Under this standard, Commerce is granted considerable deference “in both its interpretation of its statutory mandate and the methods it employs in administering the antidumping law. ” Chemical Prods. Corp. v. United States, 10 CIT 626, 628, 645 F. Supp. 289, 291 (1986) (citations omitted).

I. Class or Kind:

The facts of this case were set out in detail in Torrington Co. v. United States (“Torrington F), 14 CIT 507, 745 F. Supp. 718 (1990), aff’d, 938 F.2d 1276 (Fed. Cir. 1991). Briefly, while Torrington’s petition described the subject merchandise as all ground antifriction bearings (except tapered roller bearings) and parts thereof, the ITA subdivided the merchandise into five classes or kinds: ball bearings, spherical roller bearings, cylindrical roller bearings, needle roller bearings and spherical plain bearings. 54 Fed. Reg. at 18,999. Plaintiff claims Commerce does not have the authority to modify the petition’s description of “class or kind,” but even if it did, its modification here is not supported by substantial evidence in the record.

Our appellate court has adjudged that, as a matter of law, the ITA has the authority to subdivide the petition’s class or kind description when necessary, and when there is substantial evidence to support the subdivision. 938 F.2d at 1277-78. In the case at bar, plaintiff has attempted to prove that antifriction bearings are one class or kind by showing similarities among the various bearings within the framework of the criteria set forth in Diversified Prods. Corp. v. United States, 6 CIT 155, 162, 572 F. Supp. 883, 889 (1983).1 The Court finds that the similarities among the bearings are outweighed by substantial evidence supporting the finding of five classes or kinds. See Torrington 1, 14 CIT at 513-19, 745 F. Supp at 723-27. Accordingly, that finding is sustained.

II. Cost of Production:

Torrington also claims that the ITA’s decision to terminate the investigation of French costs of production (“COP”) was not in accordance with law. The Tariff Act of 1930, as amended, 19 U.S.C. § 1677b(b) [73]*73(1988), provides that, if the ITA “has reasonable grounds to believe or suspect that sales in the home market of the country of exportation * * * have been made at prices which represent less than the cost of producing the merchandise * * *, such sales shall be disregarded in the determination of foreign market value.” 19U.S.C. § 1677b(b). A cost of production investigation may be initiated at the request of the petitioner if the petitioner files its request in a timely manner and the information supporting the request meets statutory and judicial standards. Id.; Al Tech Specialty Steel Corp. v. United States, 6 CIT 245, 247-48, 575 F. Supp. 1277, 1280-81 (1983), aff’d, 745 F.2d 632 (Fed. Cir. 1984); Floral Trade Council of Davis, Cal. v. United States, 12 CIT 981, 982, 698 F. Supp. 925, 926 (1988).

In its petition, Torrington alleged that sales in the home market of French manufacturers of antifriction bearings (“AFBs”) were being made at prices below the cost of production. General Administrative Record (“GAR”) (Pub.) Doc. 1 at 104-05. On the basis of the petition’s allegations, the ITA initiated an investigation as to the cost of producing AFBs in France. The importers objected to the investigation based on the fact that Torrington’s allegations relied on an amalgam of French costs, rather than the company-specific data required by this court in Al Tech. Commerce concurred and on July 22,1988, Commerce asked Tor-rington to supplement its submissions. GAR (Pub.) Doc. 120.

When Torrington’s supplements still did not satisfy the statutory and Al Tech standards, Commerce rescinded the COP investigations in each of the five classes or kinds of bearings as to all the foreign manufacturers. See GAR (Pub.) Doc. 160. Plaintiff contends that the company-specific standard is an overly onerous one which is not consistent with the mandates of the Tariff Act.

In Torrington Co. v. United States (Torrington II, 15 CIT 456, 772 F. Supp. 1284 (1991), this Court followed the Al Tech ruling and held that, a plaintiff seeking initiation of a COP investigation must “submit specific and objective evidence that particular producers were selling below cost in their home markets.” Id. at 460, 772 F. Supp. at 1288. Cf. Monsanto Co. v. United States, 12 CIT 949, 952, 698 F. Supp. 285, 288-89 (1988) (cost allegations against different producers considered separately) . The Court adheres to its opinion in Torrington II and finds that Commerce applied the correct standard in deciding to rescind the COP inquiries herein. Moreover, Torrington’s admitted lack of company-specific data supports Commerce’s decision.

After revoking the COP investigations, the ITA afforded Torrington the opportunity to submit revised cost allegations which would satisfy the statutory and judicial standards, and which could result in a reopening of the COP probes. GAR (Pub.) Doc. 164 at 2-3. Petitioner submitted additional data within the ITA’s stated deadline. However, Commerce reactivated only the investigation pertainingto ballbearings manufactured by SKF-France. Preliminary Determinations of Sales at Less Than Fair Value: Antifriction Bearings (Other Than Tapered [74]*74Roller Bearings) and Parts Thereof From France, 53 Fed. Reg. 45,328, 45,330 (1988).

Free access — add to your briefcase to read the full text and ask questions with AI

Torrington Co. v. United States, 16 Ct. Int'l Trade 71, 786 F. Supp. 1016, 16 C.I.T. 71, 13 I.T.R.D. (BNA) 2413, 1992 Ct. Intl. Trade LEXIS 12 (cit 1992).

16 Ct. Int'l Trade 71 (Torrington Co. v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Al Tech Specialty Steel Corp. v. The United States
745 F.2d 632 (Federal Circuit, 1984)
The Torrington Company v. The United States
938 F.2d 1276 (Federal Circuit, 1991)
Al Tech Speciality Steel Corp. v. United States
575 F. Supp. 1277 (Court of International Trade, 1983)
Chemical Products Corp. v. United States
645 F. Supp. 289 (Court of International Trade, 1986)
Torrington Co. v. United States
745 F. Supp. 718 (Court of International Trade, 1990)
Kyowa Gas Chemical Industry Co., Ltd. v. United States
582 F. Supp. 887 (Court of International Trade, 1984)
Torrington Co. v. United States
772 F. Supp. 1284 (Court of International Trade, 1991)
Alhambra Foundry Co., Ltd. v. United States
685 F. Supp. 1252 (Court of International Trade, 1988)
Diversified Products Corp. v. United States
572 F. Supp. 883 (Court of International Trade, 1983)
Monsanto Co. v. United States
698 F. Supp. 285 (Court of International Trade, 1988)
Floral Trade Council of Davis, California v. United States
698 F. Supp. 925 (Court of International Trade, 1988)