[Federal Register Volume 68, Number 130 (Tuesday, July 8, 2003)]
[Notices]
[Page 40637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17376]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-806]


Notice of Decision of the Court of International Trade: Silicon 
Metal From Brazil

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

ACTION: Notice of Decision of the Court of International Trade.

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SUMMARY: On June 27, 2003, the United States Court of International 
Trade (CIT) affirmed the Department of Commerce's results of 
redetermination on remand of the final results of the sixth 
administrative review of the antidumping duty order on silicon metal 
from Brazil. See American Silicon Technologies, et al. v. United 
States, Slip Op. 99-03-00149 (CIT June 27, 2003) (American Silicon 
Decision). Consistent with the decision of the United States Court of 
Appeals for the Federal Circuit (Federal Circuit) in Timken Co. v. 
United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), the Department 
is notifying the public that American Silicon Decision and the CIT's 
earlier opinion in this case, discussed below, were ``not in harmony'' 
with the Department's original results.

EFFECTIVE DATE: July 8, 2003.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Enforcement, 
Office 4, Group II, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., N.W., Washington, D.C. 20230; telephone: (202) 482-
5831.

SUPPLEMENTARY INFORMATION:

Background

    On February 9, 1999, the Department of Commerce (the Department) 
published a notice of the final results of the sixth administrative 
review of the antidumping duty order on silicon metal from Brazil. See 
Silicon Metal From Brazil: Final Results of Antidumping Duty 
Administrative Review, 64 FR 6305 (February 9, 1999) (Final Results). 
Subsequent to the Department's Final Results, the respondent filed a 
lawsuit with the CIT challenging these results. Thereafter, the CIT 
issued an Order and Opinion dated July 17, 2000, in American Silicon 
Technologies, et al. v. United States, 110 F. Supp. 2d 992, 1003-1004 ( 
Ct. Int'l Trade 2000) (American Silicon I), remanding three issues to 
the Department. Pursuant to American Silicon I, the Department filed 
its remand results on January 29, 2001. The CIT reviewed the 
Department's redetermination on remand and issued an Order and Opinion 
dated October 17, 2002, in American Silicon Technologies, et al. v. 
United States, No. 99-03-00149, Slip Op. 02-123 (Ct. Int'l Trade 2002) 
(American Silicon II), remanding one issue to the Department. Pursuant 
to American Silicon II, the Department filed its remand results on 
January 22, 2003. The respondent challenged the Department's 
redetermination on remand. On June 27, 2003, the CIT affirmed the 
Department's final results of redetermination in American Silicon 
Decision.

Timken Notice

    In its decision in Timken, the Federal Circuit held that, pursuant 
to 19 U.S.C. 1516a(e), the Department must publish notice of a decision 
of the CIT which is ``not in harmony'' with the Department's results. 
The CIT's decision in American Silicon Decision was not in harmony with 
the Department's final antidumping duty results of review. Therefore, 
publication of this notice fulfills the obligation imposed upon the 
Department by the decision in Timken. In addition, this notice will 
serve to continue the suspension of liquidation. If this decision is 
not appealed, or if appealed, if it is upheld, the Department will 
publish amended final antidumping duty results.

    Dated: July 2, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Grant Aldonas, Under Secretary.
[FR Doc. 03-17376 Filed 7-7-03; 8:45 am]
BILLING CODE 3510-DS-S