[Federal Register Volume 69, Number 91 (Tuesday, May 11, 2004)]
[Notices]
[Pages 26075-26076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-1075]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-423-809]


Stainless Steel Plate in Coils From Belgium: Notice of Decision 
of the Court of International Trade

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

ACTION: Notice of decision of the court of international trade: 
stainless steel plate in coils from Belgium.

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SUMMARY: On April 22, 2004, the Court of International Trade (``CIT'') 
sustained the Department of Commerce's (``the Department'') final 
redetermination results in all respects. See ALZ N.V. v. United States, 
Slip Op. 04-38, Court No. 01-00834 (CIT April 22, 2004) (ALZ v. United 
States). 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 the ALZ v. United States decision, 
discussed below, was ``not in harmony'' with the Department's original 
results.
    The Department will continue to order the suspension of liquidation 
of the subject merchandise until there is a ``conclusive'' decision in 
this case. If the case is not appealed, or if it is affirmed on appeal, 
the Department will instruct the U.S. Customs Service to terminate the 
suspension of liquidation and revise the cash deposit rate for ALZ N.V. 
(``ALZ'') accordingly.

EFFECTIVE DATE: May 11, 2004.

FOR FURTHER INFORMATION CONTACT: Anthony Grasso, AD/CVD Enforcement, 
Group I, Office 1, Import Administration, U.S. Department of Commerce, 
14th Street and Constitution Avenue, NW., Washington, DC 20230; 
telephone (202) 482-3853.

SUPPLEMENTARY INFORMATION:

Background

    On July 11, 2003, the CIT remanded to the Department its 
determination in the first administrative review of stainless steel 
plate in coils from Belgium. See Stainless Steel Plate in Coils from 
Belgium: Final Results of Countervailing Duty Administrative Review, 66 
FR 45007 (August 27, 2001) (``SS Plate from Belgium''). The 
countervailing duty (``CVD'') order subject to this review was issued 
on May 11, 1999. See Notice of Amended Final Determinations: Stainless 
Steel Plate in Coils from Belgium and South

[[Page 26076]]

Africa; and Notice of Countervailing Duty Orders: Stainless Steel Plate 
in Coils from Belgium, Italy and South Africa, 64 FR 25288 (May 11, 
1999).
    In SS Plate from Belgium, applying the Department's regulations as 
codified at 19 CFR part 351 (2000), including the new substantive 
countervailing duty regulations published in the Federal Register on 
November 25, 1998 (66 FR 65348), the Department found the following 
three equity programs to be countervailable: (1) The government of 
Belgium's (``GOB'') purchases of Sidmar's common and preference shares 
in 1984; (2) the GOB's purchases of ALZ's common and preference shares 
in 1985; and (3) the GOB's 1985 debt-to-equity conversion for Sidmar.
    In its remand order, the CIT directed the Department to: (1) Apply 
the equityworthiness methodology in existence at the time of the 
original petition to the 1984 and 1985 equity investments into Sidmar, 
and the 1985 equity investment into ALZ; and (2) (a) more closely 
scrutinize the terms of the Memorandum of Understanding regarding the 
purchase of Sidmar's common and preference shares to determine whether 
such document indicates a binding decision to invest; (b) reexamine the 
record for any additional evidence regarding the date upon which the 
government of Belgium (``GOB'') decided to invest in Sidmar's common 
shares; and (c) explain its reasoning for choosing the date it finds to 
be the date the GOB decided to invest.
    To assist it in complying with the Court's instructions, on August 
21, 2003, the Department issued a supplemental questionnaire to ALZ and 
the GOB. On September 22, 2003, ALZ and the GOB timely submitted their 
responses to this questionnaire.
    The Department released for comment its draft final results of 
redetermination pursuant to the CIT's remand order (``Draft Results'') 
to ALZ and the GOB on November 21, 2003. The Department received no 
comments on the Draft Results.
    The Department complied with the CIT's instructions and issued its 
redetermination pursuant to remand on December 10, 2003. See Final 
Results of Redetermination Pursuant to Court Remand: ALZ N.V. v. United 
States, Slip Op. 03-81, Court No. 01-00834 (CIT July 11, 2003) (``Final 
Results of Redetermination''). Pursuant to the CIT's remand 
instructions, we analyzed the information on the record as well as the 
information provided by ALZ and the GOB. As explained in the Final 
Results of Redetermination, we made changes to the Department's 
findings in SS Plate from Belgium in regard to the GOB's 1984 and 1985 
equity infusions in Sidmar and ALZ.
    On April 22, 2004, the CIT issued an order without an opinion 
affirming the Department's Final Results of Redetermination. See ALZ 
N.V. v. United States, Slip Op. 04-38, Court No. 01-00834 (CIT April 
22, 2004).

Suspension of Liquidation

    The U.S. Court of Appeals for the Federal Circuit, in Timken, held 
that the Department must publish notice of a decision of the CIT or the 
Federal Circuit which is not ``in harmony'' with the Department's Final 
Determination. Publication of this notice fulfills that obligation. The 
Federal Circuit also held that the Department must suspend liquidation 
of the subject merchandise until there is a ``conclusive'' decision in 
the case. Therefore, pursuant to Timken, the Department must continue 
to suspend liquidation pending the expiration of the period to appeal 
the CIT's April 22, 2004, decision or, if that decision is appealed, 
pending a final decision by the Federal Circuit. The Department will 
instruct the United States Customs and Border Protection to revise cash 
deposit rates and liquidate relevant entries covering the subject 
merchandise effective the date of publication of this notice in the 
Federal Register, in the event that the CIT's ruling is not appealed, 
or if appealed and upheld by the Court of Appeals for the Federal 
Circuit.

    Dated: May 4, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
 [FR Doc. E4-1075 Filed 5-10-04; 8:45 am]
BILLING CODE 3510-DR-P