[Federal Register Volume 59, Number 81 (Thursday, April 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10164]


[Federal Register: April 28, 1994]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-401-601]


Brass Sheet and Strip From Sweden Affirmation of the Results of 
Redetermination Pursuant to Court Remand

SUMMARY: On March 16, 1994, the United States Court of International 
Trade (CIT) affirmed the Department of Commerce's redetermination on 
remand of the final results of the 1988-89 and the 1989-90 
administrative reviews of the antidumping duty order on brass sheet and 
strip from Sweden (57 FR 2706, January 23, 1992). Outokumpu Cooper 
Rolled Products AB and Outokumpu Copper (USA), Inc. v. United States 
(Slip Op. 94-45, March 16, 1994) (Outokumpu). The results covered the 
periods March 1, 1988 through February 28, 1989, and March 1, 1989 
through February 28, 1990.

EFFECTIVE DATE: April 28, 1994.

FOR FURTHER INFORMATION CONTACT:
Valerie Turoscy or John Kugelman at (202) 482-5253, Office of 
Antidumping Compliance, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    On August 12, 1993, the CIT in Outokumpu Copper Rolled Products AB 
and Outokumpu Copper (USA) Inc. v. United States, Slip Op. 93-155 
(August 12, 1993), issued an order remanding to the Department the 
final results of the 1988-89 and 1989-90 administrative reviews of the 
antidumping duty order on brass sheet and strip from Sweden (57 FR 
2706, January 23, 1992). On September 27, 1993, the Department 
submitted its redetermination on remand to the CIT. On March 16, 1994, 
the CIT affirmed the Department's redetermination on remand 
(Outokumpu).
    In its decision in Timken Co. v. United States, 893 F. 2d 337 (Fed. 
Cir. 1990) (Timken), the United States Court of Appeals for the Federal 
Circuit held that pursuant to 19 U.S.C. 1516a(e), the Department must 
publish a notice of a court decision which is not ``in harmony'' with a 
Department determination, and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The CIT's decision in 
Outokumpu on March 16, 1994, which affirmed the Department's 
redetermination, constitutes a decision not in harmony with the 
Department's affirmative final results. Publication of this notice 
fulfills the Timken requirement.
    Accordingly, the Department will continue the suspension of 
liquidation of the subject merchandise. Further, absent appeal, or, if 
appealed, upon a ``conclusive'' court decision affirming the CIT's 
opinion, the Department will amend the final affirmative results of 
review of the antidumping duty order on brass sheet and strip from 
Sweden to reflect the amended margins of the Department's 
redetermination on remand, which was affirmed by the CIT.

    Dated: April 20, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-10164 Filed 4-26-94; 8:45 am]
BILLING CODE 3510-DS-M