[Federal Register Volume 67, Number 16 (Thursday, January 24, 2002)]
[Notices]
[Page 3478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1790]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-588-846)


Notice of Court Decision: Hot-Rolled Flat-Rolled Carbon-Quality 
Steel Products from Japan

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

SUMMARY: On December 27, 2001, the United States Court of International 
Trade issued a final judgment with respect to the litigation in Nippon 
Steel Corp. v. United States, Consol. Ct. No. 99-08-00466. Slip Op. 01-
152 (``Nippon IV''). This case arises out of the Department's Notice of 
Final Determination of Sales at Less Than Fair Value: Hot-Rolled Flat-
Rolled Carbon-Quality Steel Products from Japan, 64 FR 24329 (May 6, 
1999). The final judgment in this case was not in harmony with the 
Department's May, 1999, Final Determination.

DATES: The effective date of this notice is January 6, 2002, which is 
10 days from the date on which the judgment of the Court was issued.

FOR FURTHER INFORMATION CONTACT: Sean Carey at (202) 482-3964 or 
Maureen Flannery at (202) 482-3020, Import Administration, 
International Trade Administration, U.S. Department. of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230.

SUPPLEMENTARY INFORMATION: The decision of the Court of International 
Trade in Nippon IV is that Court's final decision in a series of 
decisions addressing issues related to the antidumping margin assigned 
to Nippon Steel Corporation (``Nippon'') in the above-referenced Final 
Determination.
    In Nippon Steel Corp. v. United States (``Nippon I''), 118 F. Supp. 
2d 1366 (CIT 2000), that Court (1) remanded for Commerce to determine 
whether, as to weight conversion factors, Nippon acted to the best of 
its ability within the meaning of 19 U.S.C. Sec.  1677e(b); (2) ordered 
Commerce to issue a policy statement on ex-parte memoranda in 
accordance with the opinion; and (3) upheld the Department on all other 
challenged aspects relating to Nippon. In Nippon Steel Corp. v. United 
States (``Nippon II''), 146 F. Supp. 2d 835 (CIT 2001), the Court (1) 
found that a revised policy statement as to ex-parte memoranda, 66 FR 
16906 (March 28, 2001), complied with the Court's order in Nippon I; 
but (2) held that Commerce had erred in finding that Nippon did not act 
to the best of its ability with respect to providing requested weight 
conversion factors, and that, accordingly, Nippon's failure to timely 
provide these factors did not warrant an adverse inference in the 
selection of facts available for the affected sales. Thus, the Nippon 
II Court remanded for Commerce to recalculate Nippon's margin without 
using an adverse assumption in that respect. In Nippon Steel Corp. v. 
United States (``Nippon III''), Slip Op. 01-122 (CIT, October 12, 
2001), the Court (1) rejected Nippon's claims that the Department's 
remand results methodology impermissibly took a different approach from 
that used in the investigation, but (2) rejected the Department's 
selection of the non-adverse facts available associated with the 
missing weight conversion factors, and remanded again for the 
Department to devise a new approach to the determination of neutral 
facts available.
    In Nippon IV, the Court rejected the ``application'' of the 
Department's new approach, taking no position on whether it was 
reasonable as a general matter, and ordered the Department to use 
Nippon's untimely submitted (proprietary) weight conversion factor. 
Slip Op. 01-152, at 6-7. As mentioned above, this decision was issued 
as a final judgement in this case.
    In its decision in Timken Co. v. United States, 893 F.2d 337, 341 
(Fed. Cir. 1990) (``Timken''), the United States Court of Appeals for 
the Federal Circuit held that, pursuant to 19 U.S.C. Sec.  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 Nippon IV on December 27, 2001, constitutes a final 
decision of that court which is ``not in harmony'' with the 
Department's final determination of sales at less than fair value. This 
notice is published in fulfillment of 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.

    January 15, 2002
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-1790 Filed 1-23-02; 8:45 am]
BILLING CODE 3510-22-S