[Federal Register Volume 60, Number 80 (Wednesday, April 26, 1995)]
[Notices]
[Pages 20477-20478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10264]
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[[Page 20478]]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-307-701, C-307-702]
Certain Electrical Conductor Aluminum Redraw Rod From Venezuela;
Notice of Final Court Decision and Revocation of Antidumping and
Countervailing Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final court decision and revocation of antidumping
and countervailing duty orders.
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SUMMARY: On February 17, 1995, the U.S. Court of Appeals for the
Federal Circuit (Federal Circuit) affirmed the International Trade
Commission's (ITC) determination on remand that an industry in the
United States was not threatened with material injury by reason of
imports of certain electrical conductor aluminum redraw rod (EC rod).
On March 1, 1995, the ITC published notice in the Federal Register of
the final Federal Circuit decision affirming its negative remand
determination (60 FR 11110). Therefore, we are revoking the antidumping
and countervailing duty orders on EC rod from Venezuela.
EFFECTIVE DATE: April 26, 1995.
FOR FURTHER INFORMATION CONTACT: Brian Albright or Kelly Parkhill,
Office of Countervailing Compliance, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC. 20230; telephone:
(202) 482-5253.
SUPPLEMENTARY INFORMATION:
Background
On June 30, 1988, the Department of Commerce (the Department)
determined that EC rod from Venezuela was being subsidized and sold at
less than fair value (53 FR 24755, 24763). On August 17, 1988, the ITC
determined that a U.S. industry was threatened with material injury by
reason of imports of EC rod from Venezuela (53 FR 31111). On August 22,
1988, the Department published in the Federal Register the antidumping
and countervailing duty orders on EC rod from Venezuela (53 FR 31903,
31904).
Suramerica de Aleaciones Laminadas, C.A., a Venezuelan exporter of
EC rod, and others, appealed the ITC determination in the Court of
International Trade (CIT). On March 15, 1993, the CIT reversed and
remanded the ITC's original determination. On June 2, 1993, the ITC
determined on remand that there was no threat of material injury to a
U.S. industry. This remand was affirmed by the CIT on August 4, 1993.
Suramerica de Aleaciones Laminadas, C.A. v. United States, 841 F. Supp.
1220 (CIT 1993).
The ITC and petitioner Southwire, Inc., appealed the CIT's decision
to the Federal Circuit. On December 30, 1994, the CIT's decision was
affirmed by the Federal Circuit. Suramerica v. United States, Nos. 93-
1579 and 94-1021 (Fed. Cir. Dec. 30, 1994). Southwire filed in the
Federal Circuit a petition for rehearing and suggestion for rehearing
in banc. On February 13, 1995, the Federal Circuit denied Southwire's
petition for rehearing and declined the suggestion for a rehearing in
banc. On March 1, 1995, the ITC published notice in the Federal
Register of the final Federal Circuit decision affirming its negative
remand determination.
As a result of the ITC notification that there is no threat of
material injury to the U.S. industry, the Department is revoking the
antidumping and countervailing duty orders on EC rod from Venezuela. On
October 12, 1993 (58 FR 52744), in accordance with Timken Co. v. United
States, 893 F.2d 337 (Fed. Cir. 1990), the Department stated that,
effective August 14, 1993, it would continue the suspension of
liquidation on the subject merchandise until the Federal Circuit issued
a conclusive decision in this lawsuit. Therefore, revocation of these
orders is effective August 14, 1993, for all unliquidated entries.
Scope of Order
Imports covered by these orders are shipments of certain electrical
conductor aluminum redraw rod from Venezuela, which is wrought rod of
aluminum that is electrically conductive and contains not less than 99
percent aluminum by weight. This merchandise is currently classifiable
under item numbers 7604.10.3010, 7604.10.3050, 7604.29.3010,
7604.29.3050, 7605.11.0030, 7605.11.0090, 7605.19.0000, 7605.21.0030,
7605.21.0090 and 7605.29.0000 of the Harmonized Tariff Schedule (HTS).
The HTS item numbers are provided for convenience and Customs purposes.
The written description remains dispositive.
Termination of Suspension of Liquidation
Pursuant to section 516(e)(2) of the Tariff Act of 1930, as
amended, the Department will instruct the U.S. Customs service to
terminate the suspension of liquidation of EC rod from Venezuela and
proceed with liquidation of the subject merchandise, which entered the
United States on or after August 14, 1993, without regard to
antidumping or countervailing duties.
Dated: April 19, 1995.
Joseph A. Spetrini,
Deputy Assistant Secretary for Compliance.
[FR Doc. 95-10264 Filed 4-25-95; 8:45 am]
BILLING CODE 3510-DS-P
