[Federal Register Volume 59, Number 134 (Thursday, July 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17124]


[[Page Unknown]]

[Federal Register: July 14, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE
[A-582-802, A-580-806, A-583-808]

 

Sweaters Wholly or in Chief Weight of Man-Made Fiber From Hong 
Kong, Korea, and Taiwan, Notice of Court Decision, Revocation of 
Antidumping Duty Orders, and Termination of Administrative Reviews

AGENCY: International Trade Administration/Import Administration, 
Department of Commerce.

ACTION: Notice of court decision, revocation of antidumping duty 
orders, and termination of administrative reviews.

-----------------------------------------------------------------------

SUMMARY: On August 11, 1993, the United States Court of International 
Trade (CIT) affirmed the International Trade Commission's (ITC) amended 
determination on remand that there is no material injury to the U.S. 
industry. The CIT decision was appealed. On July 6, 1994, the CIT 
decision was affirmed by the Court of Appeals for the Federal Circuit 
(CAFC). On July 6, 1994, the ITC notified the Department of Commerce 
(the Department) of the final court decision affirming its negative 
remand determination. Therefore, we are revoking the antidumping duty 
orders on sweaters wholly or in chief weight of man-made fiber (MMF 
sweaters) from Hong Kong, Korea, and Taiwan, and terminating the 
administrative reviews.

EFFECTIVE DATE: July 14, 1994.

FOR FURTHER INFORMATION CONTACT:
G. Leon McNeill or Maureen Flannery, Office of Antidumping Compliance, 
International Trade Administration, U.S. Department of Commerce, 
Washington, D.C., 20230; telephone: (202) 482-4733.

SUPPLEMENTARY INFORMATION:

Background

    On July 27, and August 10 and 23, 1990, the Department determined 
that MMF sweaters from Hong Kong, Korea, and Taiwan, were being sold in 
the United States at less than fair value (55 FR 30733, 32659, and 
34585, respectively). On September 19, 1990, the ITC determined that a 
U.S. industry was being materially injured by reason of imports of MMF 
sweaters from Hong Kong, Korea, and Taiwan (55 FR 38558). On September 
24, 1990, the Department published in the Federal Register the 
antidumping duty orders on MMF sweaters from Hong Kong, Korea, and 
Taiwan (55 FR 39035, 39036, and 39033, respectively).
    The ITC determination was appealed, and the CIT remanded the 
determination to the ITC. On November 23, 1992, the ITC determined on 
remand that there was no material injury to a U.S. industry. This 
remand was affirmed by the CIT on August 11, 1993. Chung Ling Co., 
Ltd., et al. v. United States, 829 F.Supp. 1353 (CIT 1993).
    The petitioner, the National Knitwear & Sportswear Association 
(NKSA), appealed the CIT decision on October 6, 1993. On July 6, 1994, 
the CIT decision was affirmed by the CAFC. On July 6, 1994, the ITC 
notified the Department of the final court decision affirming its 
negative remand determinations.
    As a result of the ITC notification that there is no material 
injury to the U.S. industry, the Department is revoking the antidumping 
duty orders on MMF sweaters from Hong Kong, Korea, and Taiwan. On 
December 29, 1992, and January 4 and 11, 1993, the CIT granted 
preliminary injunctions enjoining liquidation of entries of MMF 
sweaters from Hong Kong, Taiwan, and Korea, entered after April 27, 
1990. Therefore, revocation is effective April 27, 1990, for all 
unliquidated entries. We are also terminating the ongoing 
administrative reviews on MMF sweaters from these countries. Ongoing 
administrative reviews include the review on MMF sweaters from Taiwan 
initiated on October 18, 1991 (56 FR 52254), covering the period April 
27, 1990, through August 31, 1991, and the reviews on MMF sweaters from 
all three countries initiated on October 22, 1992 (57 FR 48201), 
covering the period September 1, 1991, through August 31, 1992.

TERMINATION OF SUSPENSION OF LIQUIDATION: Pursuant to section 516(e)(2) 
of the Tariff Act of 1930, as amended, the Department will instruct the 
U.S. Customs Service to terminate the suspension of liquidation of MMF 
sweaters from Hong Kong, Korea, and Taiwan, and proceed with 
liquidation of the subject merchandise, which entered the United States 
on or after April 27, 1990, without regard to antidumping duties.

    Dated: July 7, 1994.
Paul L. Joffe,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 94-17124 Filed 7-13-94; 8:45 am]
BILLING CODE 3510-DS-P