[Federal Register Volume 68, Number 38 (Wednesday, February 26, 2003)]
[Notices]
[Pages 8925-8926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4459]


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INTERNATIONAL TRADE COMMISSION

[Inv. Nos. 701-TA-376, 377 and 379 and 731-TA-788-793 (Final)(Remand)]


Certain Stainless Steel Plate from Belgium, Canada, Italy, Korea, 
South Africa, and Taiwan; Notice of Final Court Decision Affirming 
Remand Determinations

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission gives notice of a final court decision 
affirming its final affirmative material injury determinations, made 
pursuant to court remand, in the countervailing duty and antidumping 
duty investigations of certain stainless steel plate (SSP) from 
Belgium, Canada, Italy, Korea, South Africa, and Taiwan.

FOR FURTHER INFORMATION CONTACT: Michael Diehl, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3095. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov). Hearing-impaired persons are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on 202-205-1810. The public record for 
this investigation may be viewed on the Commission's electronic docket 
(EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

SUPPLEMENTARY INFORMATION: In May of 1999, the Commission made original 
final determinations in Certain Stainless Steel Plate from Belgium, 
Canada, Italy, Korea, South Africa, and Taiwan, Invs. Nos. 701-TA-376, 
377 and 379 and 731-TA-788-793 (Final), USITC Pub. 3188. A majority of 
the Commissioners found two domestic like products: hot-rolled SSP and 
cold-rolled SSP. The Commission reached affirmative material injury 
determinations with respect to subject imports of hot-rolled SSP from 
each of the six named countries. As to cold-rolled SSP, the Commission 
reached negative material injury and threat determinations with respect 
to subject imports from Belgium and Canada, and found the volume of 
subject imports from Italy, Korea, South Africa and Taiwan to be 
negligible. The remaining Commissioners found one like product, and 
reached affirmative material injury determinations encompassing subject 
imports of both hot-rolled SSP and cold-rolled SSP.
    The affirmative determinations as to hot-rolled SSP were appealed 
to the U.S. Court of International Trade (CIT). The CIT affirmed the 
challenged aspect of the Commission's determination in Acciai Speciali 
Terni v. United States, 118 F. Supp. 2d 1298 (CIT 2000) .
    The Commission's cold-rolled SSP determinations were the subject of 
a separate appeal. The CIT upheld the Commission's determinations. 
Allegheny Ludlum Corp. v. United States, 116 F. Supp. 2d 1276 (CIT 
2000). On subsequent appeal to the Court of Appeals for the Federal 
Circuit, that Court found the Commission's analysis to be flawed. 
Allegheny Ludlum Corp. v. United States, 287 F.3d 1365 (Fed. Cir. 
2002). The Federal Circuit vacated the decision of the CIT, and 
remanded for proceedings not inconsistent with its decision.
    On remand, the Commission determined that an industry in the United 
States is materially injured by reason of imports of certain stainless 
steel plate from Belgium, Canada, Italy, Korea, South Africa, and 
Taiwan that the U.S. Department of Commerce determined were sold in the 
United States at less than fair value, and the subject imports from 
Belgium, Italy, and South Africa that the U.S. Department of Commerce 
determined were subsidized. Certain Stainless Steel Plate From Belgium, 
Canada, Italy, Korea, South Africa, and Taiwan, Inv. Nos. 701-TA-376, 
377 and 379 (Final) and 731-TA-

[[Page 8926]]

788-793 (Final) (Remand), USITC Pub. 3541 (Sept. 2002).
    On December 12, 2002, the CIT affirmed the Remand Determination as 
being in accordance with the Court's remand order. There was no timely 
appeal of the order to the Federal Circuit.
    The judicial proceedings having ended and the final court decision 
having been issued, the Commission, pursuant to 19 U.S.C. 1516(e), 
publishes notice of the final court decision affirming its remand 
determinations.


    By order of the Commission.

    Issued: February 20, 2003.

Marilyn R. Abbott,
Secretary.
[FR Doc. 03-4459 Filed 2-25-03; 8:45 am]
BILLING CODE 7020-02-P