[Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)]
[Notices]
[Pages 39946-39947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19476]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-817]
Electroluminescent High Information Content Flat Panel Displays
and Display Glass Therefor From Japan; Notice of Court Decision and
Rescission of Revocation of Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of court decision and rescission of revocation of
antidumping duty order.
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SUMMARY: On August 25, 1994, the Department of Commerce (the
Department) published a notice of revocation of the antidumping duty
order on electroluminescent (EL) high information content flat panel
displays (FPDs) and display glass therefor from Japan (see
Electroluminescent High Information Content Flat Panel Displays and
Display Glass Therefor from Japan; Amendment of Notice of Court
Decision and Revocation of Antidumping Duty Order, 59 FR 43809 (Aug.
25, 1994)) pursuant to a mandamus order to enforce judgment issued by
the United States Court of International Trade (the CIT) in Hosiden
Corporation v. United States, 861 F. Supp. 115 (CIT August 12, 1994)
(Hosiden II). In Hosiden II, the CIT ordered the Department to suspend
liquidation of entries, but to otherwise reverse all action taken by
the Department pursuant to its determination of sales at less-than-fair
value, in order to implement its earlier decision affirming the
International Trade Commission's (ITC's) negative injury determination
on remand (Hosiden Corporation v. United States, 852 F. Supp. 1050 (CIT
April 14, 1994) (Hosiden I). The Department appealed the CIT's mandamus
order and, on May 31, 1996, the United States Court of Appeals for the
Federal Circuit (the Federal Circuit) held that the mandamus order was
contrary to law and, thus, vacated the CIT's mandamus order in Hosiden
Corp., et al. v. United States, Appeal No. 95-1027 (Fed. Cir. May 31,
1996) . Therefore, we are now rescinding the revocation of the
antidumping duty order on EL FPDs from Japan, reinstating the
suspension of liquidation of entries of EL FPDs from Japan pursuant to
the Department's May 6, 1994 notice of court decision and suspension of
liquidation (59 FR 23690), and reinstating the collection of cash
deposits on EL FPDs from Japan as of the date of this notice.
EFFECTIVE DATE: July 31, 1996.
FOR FURTHER INFORMATION CONTACT: Chip Hayes or Richard Rimlinger of
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 September 4, 1991, the Department published an antidumping duty
order on EL FPDs (56 FR 43937) following an affirmative determination
of sales at less-than-fair value by the Department on July 16, 1991 (56
FR 32376) and an August 26, 1991 decision by the ITC that a U.S.
industry was being materially injured by reason of imports of flat
panel displays and display glass therefor from Japan (56 FR 43937,
September 5, 1991). Exporters of EL FPDs appealed the ITC determination
to the CIT. 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. The ITC's remand was affirmed by the CIT on April
14, 1994, in Hosiden I. In accordance with the decision of the Federal
Circuit in Timken v. United States, 893 F.2d 337 (Fed. Cir. 1990)
(Timken), the Department published a notice on May 6, 1994 (59 FR
23690) stating that the Department would 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.''
Subsequently, on August 12, 1994, the CIT issued a decision and
mandamus order in Hosiden II requiring that the Department: (1) direct
the U.S. Customs Service to cease the collection of cash deposits for
estimated antidumping duties on EL FPDs and return any previously
collected cash deposits; (2) end any previously ordered suspension of
liquidation and suspend the liquidation of entries of EL FPDs in
accordance with the CIT's Preliminary Injunction order, dated January
20, 1994; (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 25,
1994, the Department published the revocation of the antidumping duty
order on EL FPDs (59 FR 43809, August 25, 1994) and took all other
action required by the CIT's mandamus order.
The Department then appealed the CIT's August 12, 1994 decision and
mandamus order to the Federal Circuit. On May 31, 1996, the Federal
Circuit issued a decision that held that the August 12, 1994 mandamus
order was contrary to law, and vacated the CIT's mandamus order.
Hosiden Corp., et al. v. United States, Appeal No. 95-1027 (Fed. Cir.
May 31, 1996). On July 22, 1996, the Federal Circuit issued a mandate
finalizing its May 31, 1996 decision in Appeal No. 95-1027.
On May 31, 1996, the Federal Circuit also rendered a decision in a
related case concerning the ITC's injury determination with respect to
EL FPDs from Japan. In Advanced Display Manufacturers Assn. v. United
States, Appeal No. 94-1380 (Fed. Cir. May 31, 1996), the Federal
Circuit vacated the CIT's decision in Hosiden I with respect to the
ITC's injury determination on remand, and remanded the matter for
appropriate further proceedings. Thus,
[[Page 39947]]
in accordance with the Federal Circuit's Timken decision, the
Department will continue to order the suspension of liquidation of EL
FPDs from Japan and will not instruct the U.S. Customs Service to
liquidate entries of the subject merchandise until there is a final and
conclusive court decision in the matter within the meaning of 19 U.S.C.
Sec. 1516a(e).
The Federal Circuit's May 31, 1996 decision concerning Appeal No.
95-1027 vacated the CIT's decision and mandamus order in Hosiden II.
Thus, consistent with the Federal Circuit's decision, the Department
hereby rescinds the revocation of the antidumping duty order on
electroluminescent high information content flat panel displays and
display glass therefor from Japan. Further, the Department is directing
the U.S. Customs Service to reinstate the suspension of liquidation
pursuant to the Department's May 6, 1994 notice of court decision and
suspension of liquidation, and reinstate the collection of cash
deposits in the amount of 7.02 percent ad valorem, the last published
deposit rate, for each entry of the subject merchandise which is
entered, or withdrawn from warehouse, for consumption, on or after the
date of the publication of this notice. Thus, the purpose of this
notice is to effect the rescission of the revocation of the antidumping
duty order on EL FPDs from Japan and to reinstate all agency action
taken pursuant to the Department's May 6, 1994 notice of court decision
and suspension of liquidation (59 FR 23690).
For all purposes under the statute, the anniversary month of the
antidumping duty order on EL FPDs, which was published on September 4,
1991, will continue to be September. With the reinstatement of the
antidumping duty order, the Department is also reinstating the
administrative review of the order on EL FPDs from Japan for the
September 1, 1992 through August 31, 1993 period, which was being
conducted by the Department at the time of the court-ordered revocation
of the order.
Because we revoked the order in August 1994, we necessarily did not
publish an opportunity to request review, and did not initiate an
administrative review, of entries for the September 1, 1993 through
August 31, 1994 period, or any subsequent period. Therefore, in
September 1996, the Department will publish a notice of opportunity to
request review of the order on entries of EL FPDs from Japan during the
periods September 1, 1993 through August 31, 1994; September 1, 1994
through August 31, 1995; and September 1, 1995 through August 31 ,
1996.
Dated: July 25, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-19476 Filed 7-30-96; 8:45 am]
BILLING CODE 3510-DS-P