[Federal Register Volume 70, Number 66 (Thursday, April 7, 2005)]
[Notices]
[Page 17658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1611]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-831]


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

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

DATES: Effective Date: April 7, 2005.

FOR FURTHER INFORMATION CONTACT: Robert Bolling, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-3434.
SUMMARY: On November 17, 2004, the Department of Commerce 
(``Department'') published an Amended Final Determination in Accordance 
with Court Decision of the Antidumping Duty Investigation of Stainless 
Steel Sheet and Strip in Coils From Taiwan, 69 FR 67311 (November 17, 
2004) (``Amended Final Determination''). In the Amended Final 
Determination, the Department announced the incorrect effective date of 
the exclusion from the antidumping duty order on stainless steel sheet 
and strip in coils from Taiwan with respect to entries from Tung Mung 
Development Corporation (``Tung Mung'').

SUPPLEMENTARY INFORMATION: 

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'') and remanded the Final Determination to the 
Department. In the March 21, 2001, remand determination, the Department 
found, among other issues, that the merchandise produced and exported 
by Tung Mung had not been sold at less than fair value during the POI. 
On August 22, 2002, the CIT found that the Department's remand 
determination was in accordance with the law. See Tung Mung Development 
Co., Ltd. v. U.S., 219 F.Supp.2d 1333 (CIT August 22, 2002) (``Tung 
Mung II'').
    Domestic producers appealed this decision. On January 15, 2004, the 
Court of Appeals for the Federal Circuit 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. See Tung Mung 
Development Co., Ltd. v. U.S., 354 F.3d 1371 (Fed.Cir. January 15, 
2004) (``Tung Mung III''), Tung Mung II, and the Department's Final 
Results of Redetermination Pursuant to Court Remand in response to Tung 
Mung I.
    On November 17, 2004, the Department published the Amended Final 
Determination in which it stated that it will instruct U.S. Customs and 
Border Protection (``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)). The above instructions should have 
read that the Department will instruct CBP to liquidate entries from 
Tung Mung without regard to antidumping duties effective June 8, 1999, 
the date on which the Department published its Final Determination, 
because liquidation of entries from Tung Mung was first suspended on 
that date and remained covered by an injunction during the pendency of 
the litigation. Thus, we will instruct CBP to liquidate entries from 
Tung Mung without any regard to antidumping duties effective June 8, 
1999.
    This notice is issued and published in accordance with section 
735(d) of Tariff Act of 1930, as amended.

    Dated: March 30, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-1611 Filed 4-6-05; 8:45 am]
BILLING CODE 3510-DS-P