[Federal Register Volume 69, Number 221 (Wednesday, November 17, 2004)]
[Notices]
[Pages 67311-67312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3199]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-831]


Notice of Amended Final Determination in Accordance With Court 
Decision of the Antidumping Duty Investigation of Stainless Steel Sheet 
and Strip in Coils From Taiwan

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

EFFECTIVE DATE: November 17, 2004.

FOR FURTHER INFORMATION CONTACT: Robert Bolling, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230; 
telephone: 482-3434.
SUMMARY: On January 15, 2004, the United States Court of Appeals for 
the Federal Circuit (``CAFC'') sustained the final remand determination 
of the Department of Commerce (``the Department''). See Tung Mung 
Development Co., Ltd. v. U.S., 354 F.3d 1371, C.A.Fed (Jan. 15, 2004) 
(``Tung Mung III''), and the Department's Final Results of 
Redetermination Pursuant to Court Remand in Tung Mung Development Co., 
Ltd. v. United States, Consol. Court No. 99-06-00457 (CIT July 3, 
2001). As there is now a final and conclusive court decision in this 
case, we are amending our final determination of sales at less than 
fair value.

SUPPLEMENTARY INFORMATION:

[[Page 67312]]

Background

    On June 8, 1999, the Department published the 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''), covering the period of investigation (``POI'') of 
April 1, 1997 through March 31, 1998. This investigation involved three 
Taiwanese producers/exporters, Tung Mung, Yieh United Steel Corporation 
(``YUSCO''), Chang Mien Industries Co., Ltd. (``Chang Mien''), and a 
Taiwanese middleman, Ta Chen Stainless Pipe Company Ltd. (``Ta Chen''). 
Tung Mung and YUSCO contested various aspects of the Final 
Determination. On July 3, 2001, the Court of International Trade 
(``CIT'') issued slip opinion 01-83 in Tung Mung Development Co., Ltd. 
v. United States, Consol. Court No. 99-06-00457 (CIT July 3, 2001) 
(``Tung Mung I''). The Court ordered the Department to reconsider its 
determination to apply single weighted-average cash- deposit rates for 
U.S. sales of subject merchandise made by Tung Mung and YUSCO and 
ordered the Department to ``provide a reasonable explanation and 
substantial evidence for its change in practice'' or ``apply a 
combination rate, consistent with its prior practice.'' See Tung Mung I 
at 33.
    On remand, the Department determined that it was appropriate to 
apply the middleman- dumping computation using the combination rates 
for producers and middlemen, and the domestic producers appealed. On 
August 22, 2002, the CIT found that the Department's remand 
determination was in accordance with the law when it applied a 
combination rate consistent with its prior practice. See Tung Mung 
Development Co., Ltd. v. U.S., 219 F.Supp.2d 1333 (CIT Aug. 22, 2002) 
(``Tung Mung II'').
    The domestic industry appealed this decision. In a separate 
proceeding, the domestic industry's representatives sought review of 
the antidumping determination involving stainless steel plate in coils 
(``SSPC'') from Taiwan. See Allegheny Ludlum Corp. v. U.S., 215 
F.Supp.2d 1322 (CIT Dec. 28, 2000). On remand in SSPC, the Department 
determined that it was appropriate to apply the middleman-dumping 
computation using combination rates for producers and middlemen, and 
domestic producers appealed. The appeal for stainless steel sheet and 
strip in coils was consolidated before the CAFC with the appeal in the 
SSPC case.
    On January 15, 2004, the CAFC ruled that the Department's decision 
to calculate middleman antidumping rates using combination rates was 
not arbitrary and capricious and affirmed the CIT's affirmance of the 
Department's redetermination.
    As the litigation in this case is final and conclusive, we are 
amending our final determination of sales at less than fair value. As a 
result of the remand redetermination, we have recalculated the dumping 
margins for stainless steel sheet and strip in coils from Taiwan for 
YUSCO and Tung Mung based upon whether the merchandise is exported 
through Ta Chen or through other commercial transactions to the United 
States. The recalculated margins are as follows:

------------------------------------------------------------------------
 
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YUSCO.................................................     21.10 percent
YUSCO/Ta Chen.........................................     36.44 percent
Tung Mung.............................................     00.00 percent
Tung Mung/Ta Chen.....................................     15.40 percent
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    The Department will issue appraisement instructions for Tung Mung 
directly to U.S. Customs and Border Protection (``CBP''). The 
Department will instruct CBP to liquidate entries from Tung Mung 
without regard to antidumping duties because Tung Mung is excluded from 
the antidumping duty order, effective October 16, 2002, the date on 
which the Department published a notice of the Court decision (see 
Stainless Steel Sheet and Strip in Coils from Taiwan: Notice of Court 
Decision, 67 FR 63887 (October 16, 2002)).
    This notice is issued and published in accordance with section 
751(a)(1) of Act.

    Dated: November 8, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. E4-3199 Filed 11-16-04; 8:45 am]
BILLING CODE 3510-DS-S