[Federal Register Volume 62, Number 72 (Tuesday, April 15, 1997)]
[Notices]
[Page 18315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9658]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-804]
Silicon Metal from Argentina: Notice of Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Court Decision.
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SUMMARY: On March 28, 1997, the United States Court of International
Trade (CIT) affirmed the International Trade Administration's remand
determination that energy is physically incorporated into silicon metal
during the production process and its consequent upward adjustment to
U.S. price for those taxes imposed on the incorporated energy.
EFFECTIVE DATE: April 15, 1997.
FOR FURTHER INFORMATION CONTACT:
Carole Showers or Elizabeth Graham, Office of Antidumping/
Countervailing Enforcement I, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
3217 or (202) 482-4105.
SUPPLEMENTARY INFORMATION:
Background
On December 14, 1993, in Silicon Metal From Argentina; Final
Results of Antidumping Duty Administrative Review, 58 FR 65336, the
International Trade Administration (ITA) made an upward adjustment to
U.S. price for the rebate of various taxes under the Reembolso program,
including taxes on electrical energy. In American Alloys, Inc. versus
United States, 30 F.3d 1469, 1474 (Fed. Cir. 1994) (American Alloys
III), the Federal Circuit reversed the lower court's holding in
American Alloys, Inc. versus United States, 810 F. Supp. 1294 (CIT
1993) (American Alloys I), and held that U.S. price may not be adjusted
for a rebated tax unless it is determined that the rebated tax bears a
direct relationship to the exported product or a physically
incorporated component of that product. Pursuant to the Federal
Circuit's opinion, the CIT remanded the case to Commerce to make such a
determination with respect to the taxes in question. On August 17,
1995, Commerce submitted the results of its redetermination on remand
to the CIT wherein it made an upward adjustment to U.S. price for taxes
paid on energy which it found to be physically incorporated into the
subject merchandise. The CIT affirmed those remand results in American
Alloys, Inc. versus United States, Slip Op. 97-37 (CIT Mar. 28, 1997)
(American Alloys IV).
In its decision in Timken Co. versus United States, 893 F.2d 337
(Fed. Cir. 1990), the United States Court of Appeals for the Federal
Circuit held that, pursuant to 19 U.S.C. section 1516a(e), the
Department must publish a notice of a court decision which is not ``in
harmony'' with a Department determination, and must suspend liquidation
of entries pending a ``conclusive'' court decision. The CIT's opinion
in American Alloys IV on March 28, 1997, constitutes a decision not in
harmony with the Department's final results of administrative review.
Publication of this notice fulfills the Timken requirement.
Accordingly, the Department will continue to suspend liquidation
pending the expiration of the period of appeal, or, if appealed, upon a
``conclusive'' court decision.
Dated: April 8, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-9658 Filed 4-14-97; 8:45 am]
BILLING CODE 3510-DS-M
