[Federal Register Volume 60, Number 40 (Wednesday, March 1, 1995)]
[Notices]
[Page 11110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5000]



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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-287 and 731-TA-378 (Final) (Remand)]


Certain Electrical Conductor Aluminum Redraw Rod From Venezuela

AGENCY: International Trade Commission.

ACTION: Notice of remand determination.

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SUMMARY: The Commission hereby gives notice of a final court decision 
affirming its final negative determinations, made pursuant to court 
remand, in the above-identified antidumping and countervailing duty 
investigations.

FOR FURTHER INFORMATION CONTACT: Andrea C. Casson, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
S.W., Washington, DC 20436; (202) 205-3105. Hearing-impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal at (202) 205-1810.

SUPPLEMENTARY INFORMATION:

    In August 1988, the Commission published its determinations that an 
industry of the United States was threatened with material injury by 
reason of imports of electrical conductor aluminum redraw rod (``EC 
rod'') from Venezuela which the Department of Commerce (``Commerce'') 
had determined are being subsidized and sold at less than fair value. 
53 F.R. 31111 (Aug. 17, 1988); Certain Electrical Conductor Aluminum 
Redraw Rod from Venezuela, Invs. Nos. 701-TA-287 and 731-TA-378 
(Final), USITC Pub. 2103 (Aug. 1988). Suramerica de Aleaciones 
Laminadas, C.A., a Venezuelan exporter of EC rod, and others, sought 
review of those final determinations in the Court of International 
Trade (CIT).
    On March 15, 1993, the CIT issued an opinion and order, finding 
that the Commission's final affirmative threat determinations were 
unsupported by substantial evidence and otherwise not in accordance 
with law. The CIT reversed and remanded the Commission's original 
determinations. Suramerica de Aleaciones Laminadas, C.A. v. United 
States, 818 F. Supp. 348 (CIT 1993). In compliance with the CIT's 
remand order, the Commission, on June 2, 1993, issued final remand 
determinations finding that an industry in the United States was not 
threatened with material injury by reason of imports of the subject EC 
rod. Certain Electrical Conductor Aluminum Redraw Rod from Venezuela, 
Invs. Nos. 701-TA-287 and 731-TA-378 (Final) (Remand), USITC Pub. 2860 
(Feb. 1995).
    The CIT sustained the remand determinations. Suramerica de 
Aleaciones Laminadas, C.A. v. United States, 841 F. Supp. 1220 (Aug. 4, 
1993). Commerce published notice of the CIT's decision, pursuant to 19 
U.S.C. 1516a(c)(1). 58 FR 52744 (Oct. 12, 1993). In accordance with 
Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990), Commerce 
stated that it would continue the suspension of liquidation of the 
subject merchandise. Commerce's notice also indicated that, if the CIT 
decision was affirmed on appeal, the antidumping and countervailing 
duty orders would be revoked effective August 14, 1993.
    The Commission and petitioner Southwire, Inc. appealed the CIT's 
decision to the U.S. Court of Appeals for the Federal Circuit. On 
December 30, 1994, the Court of Appeals affirmed the CIT's final 
judgment upholding the Commission's negative remand determinations. 
Suramerica v. United States, Nos. 93-1579 and 94-1021 (Fed. Cir. Dec. 
30, 1994). Southwire filed in the Court of Appeals a petition for 
rehearing and suggestion for rehearing in banc. On February 13, 1995, 
the court denied Southwire's petition for rehearing and declined the 
suggestion for rehearing in banc. On February 17, 1995, the Court of 
Appeals issued its mandate. The judicial proceedings having ended and 
the final court decision having been issued, the Commission now, 
pursuant to 19 U.S.C. 1516a(e), publishes notice of the final court 
decision affirming its negative remand determinations.

    By order of the Commission.

    Issued: February 23, 1995.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-5000 Filed 2-28-95; 8:45 am]
BILLING CODE 7020-02-P