[Federal Register Volume 72, Number 212 (Friday, November 2, 2007)]
[Notices]
[Pages 62208-62209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21617]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-274-804]


Carbon and Certain Alloy Steel Wire Rod from Trinidad & Tobago: 
Notice of Court Decision Not In Harmony with Final Determination of the 
Antidumping Duty Investigation

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 6, 2007, the United States Court of International 
Trade (``CIT'') affirmed the remand results made by the U.S. 
International Trade Commission (``ITC'') pursuant to the CIT's remand 
of the final determination of the antidumping duty investigation of 
carbon and certain alloy steel wire rod from Trinidad & Tobago. See 
Mittal Steel Point Lisas Ltd. v. United States, Slip Op. 07-106, (Ct. 
Int'l Trade) (July 6, 2007). This case arises out of the ITC's final 
determination in the antidumping duty investigation. See 
[Investigations Nos. 701-TA-417-419 and 731-TA-953, 954, 956-959, 961, 
and 962 (Final)] Carbon and Certain Alloy Steel Wire Rod From Brazil, 
Canada, Germany, Indonesia, Mexico, Moldova, Trinidad and Tobago, and 
Ukraine, 67 FR 66662 (November 1, 2002) (``Final Determination''). The 
judgment in this case was not in harmony with the ITC's Final 
Determination.

EFFECTIVE DATE: July 16, 2007.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Stephanie Moore, AD/
CVD Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington DC 20230; telephone: (202) 482-5973 
or (202) 482-3692, respectively.

SUPPLEMENTARY INFORMATION: In Caribbean Ispat Limited v. United States, 
366 F. Supp. 2d 1300 (Ct. Int'l Trade 2005), the CIT affirmed the ITC's 
finding that subject imports from Trinidad and Tobago caused material 
injury to the domestic industry. In Caribbean Ispat Limited v. United 
States, 450 F.3d 1336 (Fed. Cir. 2006), the Court of Appeals for the 
Federal Circuit (``CAFC'') reversed the CIT's judgment, and remanded 
the case to the CIT with instructions to further remand the case to the 
ITC so that it may reconsider its causation analysis and directly 
address whether other dumped or fairly traded imports would have 
replaced the imports from Trinidad and Tobago without any beneficial 
effect on domestic producers.
    On January 16, 2007, the ITC filed its remand results with the CIT. 
In the remand results, the ITC determined that it was unable to find 
that imports from other producers of subject merchandise would not have 
replaced subject imports from Trinidad and Tobago in the United States 
market. The ITC further found that the United States is not materially 
injured or threatened with material injury by reason of imports of 
subject merchandise from Trinidad and Tobago sold in the United States 
at less than fair value.
    In its decision in Timken Co. v. United States, 893 F.2d 337, 341 
(Fed. Cir. 1990) (``Timken''), the CAFC held that, pursuant to section 
516A(e) of the Tariff Act of 1930, as amended (``the Act''), the 
Department must publish a notice of a court decision that is not ``in 
harmony'' with an ITC determination,

[[Page 62209]]

and must suspend liquidation of entries pending a ``conclusive'' court 
decision. The CIT's decision in this case on July 6, 2007, constitutes 
a decision of the court that is not in harmony with the ITC Final 
Determination. This notice is published in fulfillment of the 
publication requirements of Timken. Accordingly, the Department will 
suspend liquidation of subject merchandise entered after the effective 
date of this notice pending a final and conclusive court decision.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: October 26, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-21617 Filed 11-1-07; 8:45 am]
BILLING CODE 3510-DS-S