[Federal Register Volume 59, Number 164 (Thursday, August 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21043]


[[Page Unknown]]

[Federal Register: August 25, 1994]


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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-817]

 

Electroluminescent High Information Content Flat Panel Displays 
(EL FPDs) and Display Glass Therefor From Japan; Amendment of Notice of 
Court Decision and Revocation of Antidumping Duty Order

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

ACTION: Amendment of May 6, 1994, Notice of Court Decision and 
Revocation of Antidumping Duty Order.

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SUMMARY: On April 15, 1994, in the case of Hosiden Corporation v. 
United States, 18 CIT ____, Slip Op. 94-60 (April 14, 1994) (Hosiden 
I), 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 from imports of 
electroluminescent (EL) flat panel displays and display glass therefor 
(FPDs) from Japan. In accordance with the decision of the Court of 
Appeals for the Federal Circuit in Timken Co. v. United States, 893 
F.2d 337 (Fed. Cir. 1990) (Timken), the Department of Commerce (the 
Department) published a Notice of Court Decision in the Federal 
Register on May 6, 1994 (59 FR 23690, May 6, 1994) stating that The 
Department will continue to order the suspension of liquidation of the 
subject merchandise and that ``[i]f the case is not appealed, or is 
affirmed on appeal, then the antidumping duty order on EL FPDs will be 
revoked.'' 59 FR at 23690.
    On May 10, 1994, Sharp Corporation filed with the CIT a Motion for 
Writ of Mandamus to Enforce Judgment requesting that the CIT order the 
Department to take four specific actions to carry out the CIT's April 
14, 1994, Order. On August 12, 1994, the CIT issued a Memorandum and 
Order granting Sharp Corporation's Motion for Writ of Mandamus to 
Enforce Judgment. Hosiden Corporation v. United States, Slip Op. 94-
128, August 12, 1994 (Hosiden II). This notice is published in 
accordance with the CIT's August 12, 1994, Order and amends the 
Department's May 6, 1994, Notice of Court Decision.

EFFECTIVE DATE: August 17, 1994.

FOR FURTHER INFORMATION CONTACT:
Michael Diminich or Richard Rimlinger, Office of Antidumping 
Compliance, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C., 20230; telephone (202) 482-4733.

SUPPLEMENTARY INFORMATION:

Background

    On August 26, 1991, the ITC determined that a U.S. industry was 
being materially injured by reason of imports of EL FPDs from Japan (56 
FR 43937, Sept. 5, 1991). On September 4, 1991, the Department 
published an antidumping duty order on EL FPDs (56 FR 43741, September 
4, 1991).
    The ITC determination was appealed to the CIT by exporters of FPDs. 
Sharp Corporation obtained a preliminary injunction, dated January 20, 
1994 (Preliminary Injunction Order), enjoining liquidation of entries 
of EL FPDs entered after February 21, 1991, the date of publication of 
the Department's preliminary determination of sales at less than fair 
value (56 FR 7008, February 21, 1991). The CIT remanded the 
determination to the ITC to reconsider its injury determination, and on 
March 8, 1993, the ITC determined on remand that no U.S. industry was 
being materially injured by reason of imports of EL FPDs. This remand 
was affirmed by the CIT on April 14, 1994 in Hosiden I. The Department 
published a Timken notice on May 6, 1994, stating that the Department 
will continue to order the suspension of liquidation of the subject 
merchandise and that ``[i]f the case is not appealed, or is affirmed on 
appeal, then the antidumping duty order on EL FPDs will be revoked.'' 
59 FR at 23690.
    On May 10, 1994, Sharp Corporation filed with the CIT a Motion for 
Writ of Mandamus to Enforce Judgment objecting to the steps taken by 
the Department in its May 6, 1994 Federal Register notice to enforce 
the CIT's April 14, 1994 Order and requesting that the CIT order the 
Department to: (1) Terminate the collection of cash deposits for 
estimated antidumping duties on EL FPDs; (2) suspend liquidation of 
entries of EL FPDs; (3) refrain from imposing any further obligation on 
any party involved in any administrative review by the Department 
relating to EL FPDs; and (4) execute all documents and take all 
necessary actions to effectuate a revocation of the antidumping duty 
order. On August 12, 1994, the CIT issued a Memorandum and Order 
granting Sharp Corporation's Motion for Writ of Mandamus to Enforce 
Judgment. Hosiden II, Slip. Op. 94-128. Pursuant to the CIT's August 
12, 1994 Order, we are hereby amending the Department's May 6, 1994, 
Notice of Court Decision and revoking the antidumping duty order on EL 
FPDs from Japan.

Actions Pursuant to Writ of Mandamus

    Pursuant to Hosiden II, the Department will instruct the U.S. 
Customs Service (Customs) to cease collection of cash deposits on 
entities of EL FPDs as of the date of publication of this Order and 
instruct Customs to release any bonds and to refund cash deposits. The 
Department will further instruct Customs to suspend the liquidation of 
entries of EL FPDs effective on entries made on or after February 21, 
1991. The Department will take no further action with respect to any 
administrative review under section 751 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1675, relating to EL FPDs. Finally, the Department 
hereby revokes the antidumping duty order on EL FPDs from Japan (56 FR 
43741, September 4, 1991), which revocation shall be effective February 
21, 1991, the date of the Department's publication in the Federal 
Register of the preliminary determination of sales at less than fair 
value in this case.

    Dated: August 19, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-21043 Filed 8-23-94; 9:24 am]
BILLING CODE 3510-DS-M