[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