[Federal Register Volume 61, Number 134 (Thursday, July 11, 1996)]
[Notices]
[Page 36551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17677]


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DEPARTMENT OF COMMERCE
International Trade Administration
[A-421-803]


Notice of Court Decision: Certain Cold-Rolled Carbon Steel Flat 
Products From the Netherlands

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

SUMMARY: On June 14, 1996, The United States Court of International 
Trade (the CIT) affirmed the Department of Commerce's (the Department) 
redetermination on remand of the Final Determination of Sales at Less 
than Fair Value: Certain Hot-Rolled Carbon Steel Flat Products and 
Certain Cold-Rolled Carbon Steel Flat Products from the Netherlands (58 
FR 37199 , July 9,1993), as amended by the Antidumping Duty Order (58 
FR 44172, August 19, 1993). National Steel Corp. versus United States, 
(Slip. Op. 96-97, Court No. 93-09-00616, June 14) (National Steel).

EFFECTIVE DATE: July 11, 1996.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger at (202) 482-4136, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230.

SUPPLEMENTARY INFORMATION: On June 14, 1996, the CIT accepted the 
Department's methodology for selecting the highest non-aberrant margin 
to be applied to the respondent's, Hoogovens Groep B.V., unreported 
exporter's sales price data. The CIT also accepted the Department's 
methodology for calculating the cash deposit rate after the Department 
had revised its value-added tax adjustment methodology, in accordance 
with Federal-Mogul Corp. versus United States, 63 F.3d 1572, 1580 (Fed. 
Cir. 1995), under remand.
    In its decision in Timken Co. versus 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 National Steel on June 14, 1996, constitutes a decision ``not in 
harmony'' with the Department's final affirmative determination. This 
notice fulfills the publication requirements of Timken.
    Accordingly, the Department will continue the suspension of 
liquidation of the subject merchandise pending the expiration of the 
period of appeal, or, if appealed, upon a ``conclusive'' court 
decision.

    Dated: July 5, 1996.
Holly A. Kuga,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 96-17677 Filed 7-10-96; 8:45 am]
BILLING CODE 3510-DS-P