[Federal Register Volume 64, Number 15 (Monday, January 25, 1999)]
[Notices]
[Pages 3717-3718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1636]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-750 (Final) (Remand)]


Vector Supercomputers From Japan; Notice and Scheduling of Remand 
Proceedings

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The U.S. International Trade Commission (the Commission) 
hereby gives notice of the court-ordered remand of its final 
antidumping investigation No. 731-TA-750 (Final).

EFFECTIVE DATE: January 19, 1999.

FOR FURTHER INFORMATION CONTACT: Valerie Newkirk, Office of 
Investigations, telephone 202-205-3190 or Cynthia P. Johnson, Office of 
General Counsel, telephone 202-205-3098, U.S. International Trade 
Commission. Hearing-impaired individuals are advised that information 
on this matter can be obtained by contacting the Commission's TDD 
terminal on 202-205-1810. General information concerning the Commission 
may also be obtained by accessing its Internet server (http://
www.usitc.gov).

SUPPLEMENTARY INFORMATION

Background

    On December 15, 1998, the United States Court of International 
Trade (``CIT'') issued a remand Order to the Commission in NEC 
Corporation and HSNX Supercomputers, Inc., and Fujitsu Limited and 
Fujitsu America, Inc., v. Department of Commerce & U.S. International 
Trade Commission, Consol. Ct. No. 97-11-01967, Slip. Op. 98-164. That 
case involved review of the Commission's October 1997 affirmative 
determination in Vector Supercomputers from Japan, Inv. No. 731-TA-750 
(Final). The CIT held that it could not uphold the Supercomputers 
determination because the Commission ``may have adopted'' reasoning 
that ``is contradictory to the `by reason of' standard adopted by the 
Federal Circuit.'' NEC, Slip Op. 98-164 at 30. In addition, the CIT 
held that the Commission ``did not apply the analysis mandated by the 
Federal Circuit'' in examining the price effects of future imports. Id. 
at 31. Accordingly, the CIT remanded the Commission's threat of 
material injury determination for further explanation or 
reconsideration.

Participation in the Proceedings

    Only those persons who were parties to the original administrative

[[Page 3718]]

proceedings (i.e., persons listed on the Commission Secretary's service 
list) may participate in these remand proceedings.

Written Submissions

    Briefs should be concise, limited to the issue on remand, and 
thoroughly referenced to information on the record in the original 
investigation. This remand investigation is being conducted on the 
evidentiary record from the original investigation. Therefore, the 
submission of new factual information is not permitted. Written briefs 
shall be limited to twenty-five (25) pages, and must be filed no later 
than close of business on February 4, 1999. No further submissions will 
be permitted unless otherwise ordered by the Commission.
    All written submissions must conform with the provisions of section 
201.8 of the Commission's rules; any submissions that contain business 
proprietary information (BPI) must also conform with the requirements 
of sections 201.6, 207.3, and 207.7 of the Commission's rules. In 
accordance with sections 201.16(c) and 207.3 of the rules, each 
document filed by a party to the investigation must be served on all 
other parties to the investigation (as identified by either the public 
or BPI service list), and a certificate of service must be timely 
filed. The Secretary will not accept a document for filing without a 
certificate of service.

    Authority: This action is taken under the authority of the 
Tariff Act of 1930, title VII.

    Issued: January 20, 1999.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-1636 Filed 1-22-99; 8:45 am]
BILLING CODE 7020-02-P