[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Notices]
[Pages 6814-6815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3900]
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DEPARTMENT OF COMMERCE
A-405-071
Viscose Rayon Staple Fiber From Finland; Notice of Final Court
Decision and Rescission of Revocation of Antidumping Duty Finding
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final court decision and reinstatement of antidumping
duty finding.
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[[Page 6815]]
SUMMARY: On November 7, 1994, the Department of Commerce revoked the
finding on viscose rayon staple fiber from Finland pursuant to an order
of the United States Court of International Trade (``CIT'') in Kemira
Fibres Oy v. United States, 861 F. Supp. 144 (CIT 1994). In Kemira, the
CIT ruled that the Department was required to revoke the finding
because no interested party filed a request for administrative review
for this finding or objected to the finding's revocation by March 31,
1993, notwithstanding the Department's failure to issue timely notice
of intent to revoke. The Department appealed the Court's order and, on
August 2, 1995, the United States Court of Appeals for the Federal
Circuit (``Federal Circuit'') overturned the CIT order. Therefore, we
are now rescinding the revocation of the fiber finding and instructing
the U.S. Customs Service to suspend liquidation of entries of fiber
from Finland.
EFFECTIVE DATE: February 22, 1996.
FOR FURTHER INFORMATION CONTACT: Matthew Blaskovich or Zev Primor,
Office of Antidumping Compliance, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, D.C., 20230; telephone (202)
482-5831/4114.
SUPPLEMENTARY INFORMATION:
Background
On September 8, 1994, the CIT ruled that the Department was
required to revoke the antidumping finding on viscose rayon staple
fiber from Finland, terminate the ongoing administrative review and end
the suspension of liquidation of the subject merchandise pursuant to 19
C.F.R. Sec. 353.25(d)(4). See Kemira Fibres Oy v. United States, 861 F.
Supp. 144 (CIT 1994). The Court stated that the Department was required
to revoke the finding because no interested party filed a request for
an administrative review or objected to revocation by the last day of
the fifth anniversary month, notwithstanding the Department's failure
to issue timely notice of intent to revoke.
In compliance with the CIT's ruling, the Department revoked the
antidumping duty finding on November 7, 1994, terminated the 1993-94
administrative review and ended the suspension of liquidation on all
entries of the subject merchandise. See Viscose Rayon Staple Fiber From
Finland; Termination of Administrative Review and Revocation of
Antidumping Finding, 59 FR 55441 (Nov. 7, 1994). The Department took
these actions, rather than suspend liquidation of the subject
merchandise during the pendency of appeal, because the CIT decision was
issued pursuant to 28 U.S.C. Sec. 1581(i), the Court's residual
jurisdiction authority, rather than pursuant to 19 U.S.C. Sec. 1516a,
the Court's general jurisdictional authority.
In the subsequent appeal, the Federal Circuit found the
Department's interpretation of 19 C.F.R. Sec. 353.25(d)(4) (i.e., that
notice of intent to revoke is a prerequisite to revocation of an
antidumping order or finding) to be reasonable. Therefore, the Federal
Circuit reversed the CIT's order and opinion and remanded for further
proceedings consistent with its decision. See Kemira Fibres Oy v.
United States, 61 F.3d 866 (Fed. Cir. 1995).
On November 13, 1995, the CIT vacated its earlier decision and
declaratory judgment of September 8, 1994 and instructed the Department
to proceed with further proceedings consistent with the Federal
Circuit's opinion.
Thus, consistent with the Federal Circuit's decision, the
Department hereby rescinds the revocation of the antidumping duty
finding on viscose rayon staple fiber from Finland, published at 44 FR
17156 (Mar. 21, 1979). Further, the Department is directing the U.S.
Customs Service to suspend liquidation and require a cash deposit in
the amount of 0.00 percent ad valorem, the last published deposit rate,
for each entry of the subject merchandise from Finland which is
entered, or withdrawn from warehouse, for consumption, on or after the
date of publication of this notice.
Dated: February 13, 1996.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 96-3900 Filed 2-21-96; 8:45 am]
BILLING CODE 3510-DS-P
