[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Notices]
[Pages 6814-6815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3900]



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DEPARTMENT OF COMMERCE
A-405-071


Viscose Rayon Staple Fiber From Finland; Notice of Final Court 
Decision and Rescission of Revocation of Antidumping Duty Finding

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

ACTION: Notice of final court decision and reinstatement of antidumping 
duty finding.

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[[Page 6815]]


SUMMARY: On November 7, 1994, the Department of Commerce revoked the 
finding on viscose rayon staple fiber from Finland pursuant to an order 
of the United States Court of International Trade (``CIT'') in Kemira 
Fibres Oy v. United States, 861 F. Supp. 144 (CIT 1994). In Kemira, the 
CIT ruled that the Department was required to revoke the finding 
because no interested party filed a request for administrative review 
for this finding or objected to the finding's revocation by March 31, 
1993, notwithstanding the Department's failure to issue timely notice 
of intent to revoke. The Department appealed the Court's order and, on 
August 2, 1995, the United States Court of Appeals for the Federal 
Circuit (``Federal Circuit'') overturned the CIT order. Therefore, we 
are now rescinding the revocation of the fiber finding and instructing 
the U.S. Customs Service to suspend liquidation of entries of fiber 
from Finland.

EFFECTIVE DATE: February 22, 1996.

FOR FURTHER INFORMATION CONTACT: Matthew Blaskovich or Zev Primor, 
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) 
482-5831/4114.

SUPPLEMENTARY INFORMATION:

Background

    On September 8, 1994, the CIT ruled that the Department was 
required to revoke the antidumping finding on viscose rayon staple 
fiber from Finland, terminate the ongoing administrative review and end 
the suspension of liquidation of the subject merchandise pursuant to 19 
C.F.R. Sec. 353.25(d)(4). See Kemira Fibres Oy v. United States, 861 F. 
Supp. 144 (CIT 1994). The Court stated that the Department was required 
to revoke the finding because no interested party filed a request for 
an administrative review or objected to revocation by the last day of 
the fifth anniversary month, notwithstanding the Department's failure 
to issue timely notice of intent to revoke.
    In compliance with the CIT's ruling, the Department revoked the 
antidumping duty finding on November 7, 1994, terminated the 1993-94 
administrative review and ended the suspension of liquidation on all 
entries of the subject merchandise. See Viscose Rayon Staple Fiber From 
Finland; Termination of Administrative Review and Revocation of 
Antidumping Finding, 59 FR 55441 (Nov. 7, 1994). The Department took 
these actions, rather than suspend liquidation of the subject 
merchandise during the pendency of appeal, because the CIT decision was 
issued pursuant to 28 U.S.C. Sec. 1581(i), the Court's residual 
jurisdiction authority, rather than pursuant to 19 U.S.C. Sec. 1516a, 
the Court's general jurisdictional authority.
    In the subsequent appeal, the Federal Circuit found the 
Department's interpretation of 19 C.F.R. Sec. 353.25(d)(4) (i.e., that 
notice of intent to revoke is a prerequisite to revocation of an 
antidumping order or finding) to be reasonable. Therefore, the Federal 
Circuit reversed the CIT's order and opinion and remanded for further 
proceedings consistent with its decision. See Kemira Fibres Oy v. 
United States, 61 F.3d 866 (Fed. Cir. 1995).
    On November 13, 1995, the CIT vacated its earlier decision and 
declaratory judgment of September 8, 1994 and instructed the Department 
to proceed with further proceedings consistent with the Federal 
Circuit's opinion.
    Thus, consistent with the Federal Circuit's decision, the 
Department hereby rescinds the revocation of the antidumping duty 
finding on viscose rayon staple fiber from Finland, published at 44 FR 
17156 (Mar. 21, 1979). Further, the Department is directing the U.S. 
Customs Service to suspend liquidation and require a cash deposit in 
the amount of 0.00 percent ad valorem, the last published deposit rate, 
for each entry of the subject merchandise from Finland which is 
entered, or withdrawn from warehouse, for consumption, on or after the 
date of publication of this notice.

    Dated: February 13, 1996.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 96-3900 Filed 2-21-96; 8:45 am]
BILLING CODE 3510-DS-P