[Federal Register Volume 67, Number 200 (Wednesday, October 16, 2002)]
[Notices]
[Pages 63887-63888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26310]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-831]


Stainless Steel Sheet and Strip in Coils from Taiwan: Notice of 
Court Decision

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

ACTION: Notice of Court Decision.

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SUMMARY: On August 22, 2002, the United States Court of International 
Trade (``Court'') 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 sheet and strip in coils from Taiwan. See Tung Mung 
Development Co., Ltd. v. United States, Ct. No. 99-07-00457, Slip Op. 
02-93 (Ct. Int'l Trade August 22, 2002) (``Tung Mung II''). This case 
arises out of the Department's Notice of Final Determination of Sales 
at Less Than Fair Value: Stainless Steel Sheet and Strip in Coils from 
Taiwan; 64 FR 30592 (June 8, 1999) (``Final Determination''). The final 
judgment in this case was not in harmony with the Department's June 
1999 Final Determination.

EFFECTIVE DATE: September 2, 2002.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, 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) 482-4243.

SUPPLEMENTARY INFORMATION: The Court of International Trade in Tung 
Mung II affirmed the Department's remand redetermination, which related 
to the Department's middleman dumping methodology and the antidumping 
margin assigned to the Tung Mung Development Co., Ltd. (``Tung Mung'') 
and Yieh United Steel Company Ltd. (``YUSCO'').
    In Tung Mung Development Co., Ltd. v. United States, Slip Op. 01-
83, Ct. Int'l Trade LEXIS 94 (July 3, 2001) (``Tung Mung I''), the 
Court remanded the Department's determination on the issue of the 
single, weighted-average rate for producers and middlemen. The Court 
ordered the Department to ``either provide a reasonable explanation of 
substantial evidence for its change in practice, or * * * apply a 
combination rate, consistent with its prior practice.''
    On November 8, 2001, the Department issued its draft results of 
redetermination of remand for comment by interested parties. On 
November 15, 2001, petitioners\1\ and Tung Mung submitted comments in 
response to the Department's draft results of redetermination of 
remand. Plaintiff-Intervener YUSCO did not file comments in response to 
the Department's draft results of redetermination of remand. On 
November 20, 2001, petitioners, Tung Mung and YUSCO submitted rebuttal 
comments. On November 28, 2001, the Department issued its final results 
of redetermination of remand to the Court. The remand redetermination 
explained the legal authority under which the Department may apply 
either a single weighted-average rate or a combination rate in a 
middleman dumping case, depending on the facts of the case. The 
Department reconsidered its use of a single weighted-average rate in 
this case, in response to the Court's expressed concern, and applied 
instead combination rates to both Tung Mung's and YUSCO's merchandise.
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    \1\ Allegheny Ludlum, AK Steel Corporation (formerly Armco, 
Inc.), J&L Specialty Steel, Inc., North American Stainless, Butler-
Armco Independent Union, Zanesville Armco Independent Union, and the 
United Steelworkers of America, AFL-CIO/CLC.
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    On August 22, 2002, the Court affirmed the Department's analysis 
and recognized the authority of the Department to apply either a single 
weighted-average rate or a combination rate in a middleman dumping 
case, depending on the facts of the case. It then sustained the 
Department's redetermination of remand. See Tung Mung II.
    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. 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

[[Page 63888]]

liquidation of entries pending a ``conclusive'' court decision. The 
Court's decision in Tung Mung II on August 22, 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: October 3, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-26310 Filed 10-15-02; 8:45 am]
BILLING CODE 3510-DS-S