[Federal Register Volume 64, Number 109 (Tuesday, June 8, 1999)] [Notices] [Page 30488] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-14513] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-588-041] Notice of Final Court Decision and Amended Final Results of Expedited Sunset Review on Synthetic Methionine from Japan AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of final court decision and amended final results of expedited sunset review on synthetic methionine from Japan. ----------------------------------------------------------------------- SUMMARY: On April 22, 1999, the Court of International Trade (the Court) affirmed the Department of Commerce's (the Department) remand determination arising out of the expedited sunset review of the antidumping finding on synthetic methionine from Japan. See NOVUS International, et. al. v. United States, Slip Op. 99-38 (CIT April 22, 1999). As there is now a final and conclusive court decision in this action, we are amending the final results of review in this matter and will notify the U.S. International Trade Commission (``the Commission'') that the magnitude of the margin likely to prevail were the finding to be revoked is 48 percent. EFFECTIVE DATE: June 8, 1999. FOR FURTHER INFORMATION CONTACT: Martha V. Douthit or Melissa G. Skinner, Office of Policy for Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482- 3207 or (202) 482-1560, respectively. SUPPLEMENTARY INFORMATION: Background On January 27, 1999, the Court issued an order remanding to the Department the final results of the expedited sunset review on synthetic methionine from Japan.\1\ On April 21, 1999, in accordance with the Court's remand order, the Department filed its final results of redetermination. See Final Results of Redetermination Pursuant to Court Remand, April 21, 1999, NOVUS International, et. al. v. United States, Court No. 99-01-00007 (Remand Results). In this determination, the Department reconsidered the 48 percent rate from the Treasury Department's less-than-fair-value investigation of synthetic methionine from Japan as a possible appropriate indicator of the magnitude of dumping that would prevail were the dumping finding on synthetic methionine from Japan to be revoked. The Department determined that a reliable source that contains a Treasury fair-value rate can be used as a basis for reporting margins to the Commission. See Remand Results at 6. Further, the Department determined that, regardless of whether the investigation rate was published in the Treasury finding, the Department did ascertain and rely on a rate from the original investigation for purposes of the final results of the first administrative review. Therefore, we determined that, ``consistent with our policy of selecting a margin ``from the investigation, because that is the only calculated rate that reflects the behavior of the exporters * * * without the discipline of an order in place (footnote omitted),'' we should report the 48 percent rate to the Commission. See Remand Results at 7. --------------------------------------------------------------------------- \1\ NOVUS International, Inc., Degussa Corporation, and Rhone- Poulenc Animal Nutrition v. United States, Slip Op. 99-14 (CIT January 27, 1999). --------------------------------------------------------------------------- On April 22, 1999, the Court upheld the Department's redetermination pursuant to Court remand. NOVUS International, et. al. v. United States, Slip Op. 99-38 (CIT April 22, 1999). The period to appeal has expired and no appeal was filed. Therefore, as there is now a final and conclusive court decision in this action, we are amending our final results of the expedited sunset review. Amended Final Results of Review Pursuant to section 516A(e) of the the Tariff Act of 1930, as amended (the Act), we are now amending the final results of the expedited sunset review on synthetic methionine from Japan and determining that the magnitude of dumping that is likely to prevail if the finding on synthetic methionine from Japan were revoked is 48 percent. Dated: June 1, 1999. Robert S. LaRussa, Assistant Secretary for Import Administration. [FR Doc. 99-14513 Filed 6-7-99; 8:45 am] BILLING CODE 3510-DS-P