[Federal Register Volume 59, Number 87 (Friday, May 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10992]
[[Page Unknown]]
[Federal Register: May 6, 1994]
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DEPARTMENT OF COMMERCE
[A-588-817]
Electroluminescent High Information Content Flat Panel Displays
and Display Glass Therefor From Japan; Court Decision and Suspension of
Liquidation
AGENCY: International Trade Administration/Import Administration,
Department of Commerce.
ACTION: Notice of court decision.
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SUMMARY: On April 14, 1994, the United States Court of International
Trade (CIT) affirmed the International Trade Commission's amended
determination on remand that there is no material injury to the U.S.
industry from imports of electroluminescent (EL) flat panel displays
and display glass therefor (FPDs) from Japan. If the case is not
appealed, or is affirmed on appeal, then the antidumping duty orders on
El FPDs will be revoked.
In accordance with the decision of the Court of Appeals for the
Federal Circuit in Timken Co. v. United States, 893 F. 2d.337 (Fed.
Cir. 1990), Commerce will continue to order the suspension of
liquidation of the subject merchandise.
EFFECTIVE DATE: April 25, 1994.
FOR FURTHER INFORMATION CONTACT:
Michael Diminich or Richard Rimlinger, Office of Antidumping
Compliance, International Trade Administration, U.S. Department of
Commerce, Washington, DC 20230; telephone (202) 482-4733.
SUPPLEMENTARY INFORMATION:
Background
On April 26, 1991, the International Trade Commission (ITC)
determined that a U.S. industry was being materially injured by reason
of imports of FPDs from the Japan (56 FR 43937, Sept. 5, 1991). On
September 4, 1991, the Department published an antidumping duty order
on EL FPDs (56 FR 43741).
The ITC decision was appealed, and the CIT remanded the
determination to the ITC to reconsider its injury determination. On
March 8, 1993, the ITC determined on remand that no U.S. industry was
being materially injured by reason of imports of El FPDs. This remand
was affirmed by the CIT on April 14, 1994, Hosiden Corporation v.
United States, Slip Op. 94-60 (CIT April 14, 1994).
Accordingly, absent an appeal, or , if appealed, upon a final
decision by the Court of Appeals for the Federal Circuit (CAFC)
affirming the CIT, the antidumping duty order will be revoked.
Plaintiffs in the proceedings obtained an injunction enjoining
liquidation of entries of EL FPDs that remain unliquidated as of 5
p.m., January 24, 1994. Therefore, revocation of the order will be
effective for all entries that remain unliquidated as of the date of
revocation.
Suspension of Liquidation
In its decision in Timken Co. v. United States, 893 F.2d 337 (Fed.
Cir. 1990), the CAFC held that the Department must publish notice of a
decision of the CIT or the CAFC which is not in harmony with the
Department's or the ITC's respective determinations. Publication of
this notice fulfills that obligation. The CAFC also held that in such a
case, the Department must suspend liquidation until there is a final
decision in the action. Therefore, the Department is continuing to
suspend liquidation at the current cash deposit rate pending the
expiration of the period of appeal of, if appealed, pending a final
decision of the CAFC.
Dated: April 30, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-10992 Filed 5-5-94; 8:45 am]
BILLING CODE 3510-DS-M
