[Federal Register Volume 64, Number 15 (Monday, January 25, 1999)]
[Notices]
[Pages 3717-3718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1636]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-750 (Final) (Remand)]
Vector Supercomputers From Japan; Notice and Scheduling of Remand
Proceedings
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The U.S. International Trade Commission (the Commission)
hereby gives notice of the court-ordered remand of its final
antidumping investigation No. 731-TA-750 (Final).
EFFECTIVE DATE: January 19, 1999.
FOR FURTHER INFORMATION CONTACT: Valerie Newkirk, Office of
Investigations, telephone 202-205-3190 or Cynthia P. Johnson, Office of
General Counsel, telephone 202-205-3098, U.S. International Trade
Commission. Hearing-impaired individuals are advised that information
on this matter can be obtained by contacting the Commission's TDD
terminal on 202-205-1810. General information concerning the Commission
may also be obtained by accessing its Internet server (http://
www.usitc.gov).
SUPPLEMENTARY INFORMATION
Background
On December 15, 1998, the United States Court of International
Trade (``CIT'') issued a remand Order to the Commission in NEC
Corporation and HSNX Supercomputers, Inc., and Fujitsu Limited and
Fujitsu America, Inc., v. Department of Commerce & U.S. International
Trade Commission, Consol. Ct. No. 97-11-01967, Slip. Op. 98-164. That
case involved review of the Commission's October 1997 affirmative
determination in Vector Supercomputers from Japan, Inv. No. 731-TA-750
(Final). The CIT held that it could not uphold the Supercomputers
determination because the Commission ``may have adopted'' reasoning
that ``is contradictory to the `by reason of' standard adopted by the
Federal Circuit.'' NEC, Slip Op. 98-164 at 30. In addition, the CIT
held that the Commission ``did not apply the analysis mandated by the
Federal Circuit'' in examining the price effects of future imports. Id.
at 31. Accordingly, the CIT remanded the Commission's threat of
material injury determination for further explanation or
reconsideration.
Participation in the Proceedings
Only those persons who were parties to the original administrative
[[Page 3718]]
proceedings (i.e., persons listed on the Commission Secretary's service
list) may participate in these remand proceedings.
Written Submissions
Briefs should be concise, limited to the issue on remand, and
thoroughly referenced to information on the record in the original
investigation. This remand investigation is being conducted on the
evidentiary record from the original investigation. Therefore, the
submission of new factual information is not permitted. Written briefs
shall be limited to twenty-five (25) pages, and must be filed no later
than close of business on February 4, 1999. No further submissions will
be permitted unless otherwise ordered by the Commission.
All written submissions must conform with the provisions of section
201.8 of the Commission's rules; any submissions that contain business
proprietary information (BPI) must also conform with the requirements
of sections 201.6, 207.3, and 207.7 of the Commission's rules. In
accordance with sections 201.16(c) and 207.3 of the rules, each
document filed by a party to the investigation must be served on all
other parties to the investigation (as identified by either the public
or BPI service list), and a certificate of service must be timely
filed. The Secretary will not accept a document for filing without a
certificate of service.
Authority: This action is taken under the authority of the
Tariff Act of 1930, title VII.
Issued: January 20, 1999.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-1636 Filed 1-22-99; 8:45 am]
BILLING CODE 7020-02-P
