[Federal Register Volume 67, Number 179 (Monday, September 16, 2002)]
[Notices]
[Page 58354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23494]



[[Page 58354]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-808]


Stainless Steel Wire Rod from India: Notice of Court Decision

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

ACTION: Notice of Court decision.

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SUMMARY: On August 15, 2002, the United States Court of International 
Trade (``CIT'') sustained the final remand determination made by the 
Department of Commerce (``the Department'') pursuant to the Court's 
remand of the final determination of the administrative review of 
stainless steel wire rod from India. See Viraj Group, Ltd. v. United 
States, Ct. No. 00-06-00291, Slip Op. 02-89 (Ct. Int'l Trade August 15, 
2002) (``Viraj IV''). This case arises out of the Department's 
Stainless Steel Wire Rod from India: Notice of Final Results of 
Antidumping Administrative Review, 65 FR 31302 (May 17, 2002) (``Final 
Results''). The final judgment in this case was not in harmony with the 
Department's May, 2002, Final Results.

EFFECTIVE DATE: August 26, 2002.

FOR FURTHER INFORMATION CONTACT: Stephen Bailey, Antidumping/
Countervailing Duty Enforcement, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
1102.

SUPPLEMENTARY INFORMATION: The decision of the Court of International 
Trade in Viraj IV is that Court's final decision in a series of 
decisions addressing issues related to the antidumping margin assigned 
to the Viraj Group, Ltd. (``Viraj'') in the above-referenced Final 
Results.
    In Viraj Group, Ltd. v. United States, Slip Op. 01-104 (CIT August 
15, 2001) (``Viraj I''), the Court remanded one aspect of the Final 
Results. The Court remanded the issue of the exchange rate used by the 
Department to convert Indian rupees into United States dollars and 
whether an inaccurate margin resulted. The Court ordered the Department 
to articulate its reasoning behind its approach to the devaluation on 
the Indian rupee during the POR and to address properly and explain 
whether the Department's currency conversion methodology resulted in an 
accurate dumping margin, and to recalculate the margin if necessary.
    In Viraj Group, Ltd. v. United States, Slip Op. 02-24 (CIT February 
26, 2002) (``Viraj II''), the court requested that the Department 
reconsider whether its currency conversion methodology resulted in a 
fair dumping determination. Specifically, the Court instructed the 
Department: (1) To examine whether its current currency conversion 
methodology yields the most accurate dumping margin in this case; (2) 
to address whether the facts of this case warrant additional 
consideration of the Department's policy concerning depreciating 
currencies, and if necessary recalculate Plaintiff's dumping margin; 
(3) to explain the Department's methodology for currency conversion 
with regard to sales versus costs; and (4) to explain how a long-term 
currency devaluation can be ignored by the Department if it is to reach 
a fair and accurate dumping margin.
    In Viraj Group, Ltd. v. United States, Slip Op. 02-52 (CIT June 4, 
2002) (``Viraj III''), the Court again remanded the issue of the 
currency conversion methodology in the Final Results to the Department. 
In its opinion, the Court instructed the Department to apply a currency 
conversion methodology that reaches a more accurate dumping margin, 
explain why such a methodology does or does not further the 
congressional goal of accuracy in dumping determinations, and explain 
which method the Department chooses to apply in this case and why it 
chose that method.
    On July 12, 2002, the Department issued its draft results of 
redetermination of remand. On July 16, 2002, only petitioner (Carpenter 
Technology Corp.) filed comments. Respondent did not file comments in 
response to the Department's draft results of redetermination of 
remand. On July 22, 2002, the Department issued its final results of 
redetermination of remand to the Court.
    On August 15, 2002, the CIT sustained the Department's 
redetermination on remand. See Viraj Group, Ltd. v. United States, Ct. 
No. 00-06-00291, Slip Op. 02-89 (CIT August 15, 2002) (``Viraj IV''), 
In Viraj IV, the CIT concurred on and sustained the results of the 
Department's redetermination, but did not endorse the reasoning 
underlying the recalculation of the remand results.
    In its decision in Timkin Co., v. United States, 893 F.2d 337, 341 
(Fed. Cir. 1990) (``Timkin''), the United States Court of Appeals for 
the Federal Circuit held that, pursuant to 19 U.S.C. 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 Viraj IV on August 15, 2002, constitutes a final decision of that 
court which is ``not in harmony'' with the Department's final results 
of antidumping duty administrative review. This notice is published in 
fulfillment of the publication requirements of Timkin.
    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.

    Dated: September 6, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-23494 Filed 9-13-02; 8:45 am]
BILLING CODE 3510-05-M