[Federal Register Volume 61, Number 193 (Thursday, October 3, 1996)]
[Notices]
[Pages 51682-51683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25410]
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DEPARTMENT OF COMMERCE
[C-423-806]
Certain Carbon Steel Products From Belgium: Notice of Decision of
the Court of International Trade
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 27, 1996, the United States Court of International
Trade (CIT) affirmed the Department of Commerce's (the Department's)
results of redetermination on remand of the final countervailing duty
determinations on certain steel products from Belgium. Geneva Steel, et
al. v. United States, Slip Op. 96-147 (CIT Aug. 27, 1996) (``Geneva
II''). 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 Geneva II and the CIT's earlier
opinion in this case, discussed below, were ``not in harmony'' with the
Department's original determinations.
EFFECTIVE DATE: October 3, 1996.
[[Page 51683]]
FOR FURTHER INFORMATION CONTACT:
Vincent Kane at (202) 482-2815, Office of Antidumping/Countervailing
Duty Enforcement, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, D.C. 20230, or Duane Layton at
(202) 482-5285, Office of the Chief Counsel for the Import
Administration, U.S. Department of Commerce.
SUPPLEMENTARY INFORMATION:
Background
On July 9, 1993, the Department published its final countervailing
duty determinations on certain steel products from Belgium. Final
Affirmative Countervailing Duty Determinations: Certain Steel Products
From Belgium, 58 FR 37273 (July 9, 1993). On August 17, 1993, the
Department published its amendment to the final countervailing duty
determinations. Countervailing Duty Order and Amendment: Certain Steel
Products from Belgium, 58 FR 43749 (Aug. 17, 1993).
Subsequent to the Department's determinations, petitioners and one
of the investigated companies filed lawsuits with the CIT challenging
these determinations. Thereafter, the CIT issued an Order and Opinion
dated January 3, 1996, in Geneva Steel, et al. v. United States, 914 F.
Supp. 563 (CIT 1996), (``Geneva I''), remanding six issues to the
Department. The Department filed its remand results on May 10, 1995.
Petitioners challenged one aspect of the Department's redetermination
on remand. On August 27, 1996, the CIT affirmed the Department's final
results of redetermination on remand in Geneva II.
Timken Notice
In its decision in Timken, the Federal Circuit held that, pursuant
to 19 U.S.C. 1516a(e), the Department must publish notice of a decision
of the CIT or Federal Circuit which is ``not in harmony'' with the
Department's determination. The CIT's decisions in Geneva I and Geneva
II were not in harmony with the Department's original countervailing
duty determinations. Therefore, publication of this notice fulfills the
obligation imposed upon the Department by the decision in Timken. If
these decisions are not appealed, or if appealed, if they are upheld,
the Department will publish amended final countervailing duty
determinations.
Dated: September 25, 1996.
Barbara R. Stafford,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-25410 Filed 10-2-96; 8:45 am]
BILLING CODE 3510-DS-M
