[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Notices]
[Page 64018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30277]
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DEPARTMENT OF COMMERCE
[A-307-807]
Amended Order and Final Determination of Sales at Less Than Fair
Value: Ferrosilicon From Venezuela
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Amendment to Final Determination of Sales at Less
Than Fair Value: Ferrosilicon From Venezuela.
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SUMMARY: On May 15, 1995, the Department of Commerce (the Department)
submitted to the Court of International Trade (CIT) the final results
of redetermination pursuant to a court remand in Aimcor, et al. v.
United States (Slip Op. 94-192, December 13, 1994). On September 16,
1995, the CIT affirmed our redetermination (Slip Op. 94-192). In
accordance with that affirmation, we are hereby amending the Final
Determination of Sales at Less Than Fair Value: Ferrosilicon from
Venezuela 58 FR 27522 (May 10, 1993). We have recalculated the margin
for the sole respondent in the investigation, CVG-Venezolana de
Ferrosilicio C.A. (CVG-FESILVEN), as well as the ``All Others'' rate,
as follows:
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Margin
Manufacturer/exporter (percent)
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CVG-FESILVEN............................................... 15.01
All others................................................. 15.01
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EFFECTIVE DATE: December 13, 1995.
FOR FURTHER INFORMATION CONTACT: Shawn Thompson, Office of Antidumping
Investigations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, D.C. 20230; telephone: (202) 482-
1776.
SUPPLEMENTARY INFORMATION:
Background
On December 13, 1994, the CIT, in Aimcor, et al. v. United States
(Slip Op. 94-192), remanded to the Department for redetermination the
Final Determination of Sales at Less Than Fair Value: Ferrosilicon from
Venezuela 58 FR 27522 (May 10, 1993). In its remand order, the Court
granted the Department's request to reconsider the issue of CVG-
FESILVEN'S depreciation costs, and instructed the Department to
determine whether CVG-FESILVEN's depreciation costs should be based on
the revalued amount shown in the company's 1991 financial statements.
In the Department's final determination, the dumping margin for
CVG-FESILVEN was 9.55 percent. CVG-FESILVEN's dumping margin was based
on using CVG-FESILVEN's historical costs of its assets to calculate
depreciation expenses.
Final Remand Results
In accordance with the CIT's order, the Department reconsidered its
final determination with respect to Ferrosilicon from Venezuela. Upon
redetermination, we find that we should base depreciation costs on the
revalued amount of CVG-FESILVEN's fixed assets. Accordingly, we revised
CVG-FESILVEN's cost of production (COP) to include the depreciation
expense related to the company's asset revaluation.
We incorporated the revised COP in our cost test analysis. We also
included the revised depreciation amount in our calculation of
constructed value (CV) and then incorporated the revised CV into the
margin calculations, as appropriate.
Final Results of Redetermination
On September 16, 1995, the CIT affirmed our redetermination (Slip
Op. 94-192). Because no party appealed that affirmation to the Court of
Appeals for the Federal Circuit, that decision has become the ``final
and conclusive'' decision in this action. See Timkin v. United States,
893 F.2d 337 (Fed. Cir. 1990). Therefore, in accordance with that
affirmation, we are hereby amending the final determination and order
with respect to CVG-FESILVEN's and the ``all others'' rates. The
revised weighted-average margin for both is 15.01 percent.
The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. The Department
will issue appraisement instructions directly to the Customs Service.
This notice is in accordance with section 516(a)(e) of the Tariff
Act of 1930, as amended.
Dated: December 4, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-30277 Filed 12-12-95; 8:45 am]
BILLING CODE 3510-DS-P
