[Federal Register Volume 63, Number 7 (Monday, January 12, 1998)] [Notices] [Pages 1827-1828] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-691] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-427-810] Certain Steel Products From France; Notice of Court Decision and Suspension of Liquidation AGENCY: International Trade Administration, Import Administration, Department of Commerce. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: On December 5, 1997, in Inland Steel Industries, Inc. v. United States, Consol. Court No. 93-09-00567-CVD, a lawsuit challenging the Department of Commerce's final affirmative countervailing duty determination of certain steel products from France, the Court of International Trade affirmed the Department's redetermination on remand. As a result, the final net subsidy rate for all programs for Usinor Sacilor has increased from 15.12% to 15.13% ad valorem, and the ``country-wide'' rate has increased from 15.12% to 15.13% ad valorem. Consistent 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), Commerce will direct the Customs Service to change the cash deposit rates being used in connection with the suspension of liquidation of the subject merchandise once there is a ``conclusive'' decision in this case. EFFECTIVE DATE: January 12, 1998. FOR FURTHER INFORMATION CONTACT: Marian Wells, Office 1, Group 1, AD/ CVD Enforcement, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., N.W., Washington D.C. 20230, telephone: (202) 482- 6309. SUPPLEMENTARY INFORMATION: Background: On July 9, 1993, the Department of Commerce (the ``Department'' or ``Commerce'') published notice of its final affirmative countervailing duty determinations of certain steel products from France. Final Affirmative Countervailing Duty Determinations; Certain Steel Products from France, 58 [[Page 1828]] FR 37304 (July 9, 1993). In those determinations, the Department set forth its finding of a final net subsidy rate of 15.49% ad valorem for Usinor Sacilor and 15.49% ad valorem for the ``country-wide'' rate. On August 17, 1993, the Department published a countervailing duty order correcting ministerial errors and instructing the Customs Service to collect cash deposits, at the rate of 15.12% ad valorem for Usinor Sacilor and 15.12% ad valorem for the ``country-wide'' rate, on entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after that date. 58 FR 43759. Following publication of the Department's countervailing duty order, petitioners and respondents filed lawsuits with the Court of International Trade (``CIT'') challenging the Department's final determination. Thereafter, in British Steel plc v. United States, Consol. Ct. No. 93-09-00550-CVD, which addressed general issues common to various certain steel products countervailing duty investigations which concurrently had been before the Department, including the French investigation, the CIT rejected the Department's reliance on IRS tables showing industry-specific average useful life of assets in determining an allocation period of 15 years. 879 F. Supp. 1254 (1995). In a subsequent remand determination, dated June 30, 1995, the Department calculated a company-specific allocation period for Usinor Sacilor based on the average useful life of non-renewable physical assets, and the CIT affirmed it. 929 F. Supp. 426 (1996). More recently, in Inland Steel Industries, Inc. v. United States, Consol. Ct. No. 93-09-00567-CVD, the CIT issued Slip Opinion 97-71 and an Order, dated June 2, 1997, accepting the Department's request for a voluntary remand on one issue. Specifically, during the verification of Usinor Sacilor's questionnaire responses, the Department had discovered that six Credit National loans included in the 1991 consolidation of outstanding Credit National loans were export promotion loans. Although in its final concurrence memorandum the Department stated that it would determine these loans to be specific, it inadvertently overlooked these loans in its final determination and calculations. On July 7, 1997, the Department filed its required remand results with the CIT. On December 5, 1997, the CIT affirmed the Department's remand results. Inland Steel Industries, Inc. v. United States, Consol. Court No. 93-09-00567-CVD, Slip Op. 97-168. As a result of the two remands, the net subsidy rate for all programs for Usinor Sacilor has increased from 15.12% to 15.13% ad valorem, and the ``country-wide'' rate has increased from 15.12% to 15.13% ad valorem. Suspension of Liquidation In its decision in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), the Court of Appeals for the Federal Circuit (``CAFC'') held that the Department must publish notice of a decision of the CIT or the CAFC which is not ``in harmony'' with the Department's determination. Publication of this notice fulfills that obligation. The CAFC also held that the Department must suspend liquidation of the subject merchandise until there is a ``conclusive'' decision in the case. Therefore, pursuant to Timken, Commerce must suspend liquidation pending the expiration of the period to appeal the CIT's December 5, 1997 ruling or, if that ruling is appealed, pending a final decision by the CAFC. However, because entries of the subject merchandise already are being suspended pursuant to the countervailing duty order in effect, the Department need not order the Customs Service to suspend liquidation. Further, consistent with Timken, the Department will order the Customs Service to change the relevant cash deposit rates in the event that the CIT's ruling is not appealed or the CAFC issues a final decision affirming the CIT's ruling. Dated: January 6, 1998. Robert S. LaRussa, Assistant Secretary for Import Administration. [FR Doc. 98-691 Filed 1-9-98; 8:45 am] BILLING CODE 3510-DS-P