94-15179. Notice of Court Decision: Certain Hot Rolled Lead and Bismuth Carbon Steel Products From the United Kingdom

[Federal Register Volume 59, Number 119 (Wednesday, June 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15179]


[[Page Unknown]]

[Federal Register: June 22, 1994]



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DEPARTMENT OF COMMERCE
[C-412-811]

 

Notice of Court Decision: Certain Hot Rolled Lead and Bismuth 
Carbon Steel Products From the United Kingdom

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: June 22, 1994.

FOR FURTHER INFORMATION CONTACT: Annika L. O'Hara or Julie Anne Osgood, 
Office of Countervailing Investigations, Import Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone [phone] and [phone], 
respectively.

SUMMARY: On June 7, 1994, the United States Court of International 
Trade (``CIT'') overturned the determination by the Department of 
Commerce (``the Department'') that United Engineering Steels, Ltd. 
(``UES'') was being subsidized by reason of subsidies previously 
bestowed on a government-owned company which sold one of its productive 
units to UES in an arm's-length transaction.

SUPPLEMENTARY INFORMATION: In its Final Affirmative Countervailing Duty 
Determination: Certain Hot Rolled Lead and Bismuth Carbon Steel 
Products From the United Kingdom, 58 FR 6237 (January 27, 1993), the 
Department determined that subsidies previously bestowed on the British 
Steel Corporation (``BSC'') passed through, in part, to UES, a joint-
venture company, when UES purchased one of BSC's productive units in an 
arm's-length transaction. The Department's determination was 
challenged. The Department subsequently requested, and was granted, a 
remand in order to reconsider its final determination. On remand, the 
Department adopted its reasoning in Final Affirmative Countervailing 
Duty Determination: Certain Steel Products From the United Kingdom, 58 
FR 37393 (July 9, 1993), in which it determined that part of the price 
UES paid for the productive unit purchased from BSC constituted payment 
for prior subsidies. On June 7, 1994, in Inland Steel Bar Co. v. United 
States, (``Inland Steel''), Slip Op. 94-93, the CIT overturned the 
Department's determination that previously bestowed subsidies are 
passed through to a successor company sold in an arm's-length 
transaction.
    In its decision in Timken Co. v. 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 decision in Inland 
Steel on June 7, 1994, constitutes a decision not in harmony with the 
Department's final affirmative determination. 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. Absent an appeal, or, if appealed, upon 
a ``conclusive'' court decision affirming the CIT's opinion, the 
countervailing duty order will be revoked effective June 17, 1994.

    Dated: June 16, 1994.

Paul L. Joffe,

Deputy Assistant Secretary for Import Administration.

[FR Doc. 94-15179 Filed 6-21-94; 8:45 am]

BILLING CODE 3510-DS-P