[Federal Register Volume 64, Number 109 (Tuesday, June 8, 1999)]
[Notices]
[Page 30488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14513]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-041]
Notice of Final Court Decision and Amended Final Results of
Expedited Sunset Review on Synthetic Methionine from Japan
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final court decision and amended final results of
expedited sunset review on synthetic methionine from Japan.
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SUMMARY: On April 22, 1999, the Court of International Trade (the
Court) affirmed the Department of Commerce's (the Department) remand
determination arising out of the expedited sunset review of the
antidumping finding on synthetic methionine from Japan. See NOVUS
International, et. al. v. United States, Slip Op. 99-38 (CIT April 22,
1999). As there is now a final and conclusive court decision in this
action, we are amending the final results of review in this matter and
will notify the U.S. International Trade Commission (``the
Commission'') that the magnitude of the margin likely to prevail were
the finding to be revoked is 48 percent.
EFFECTIVE DATE: June 8, 1999.
FOR FURTHER INFORMATION CONTACT: Martha V. Douthit or Melissa G.
Skinner, Office of Policy for Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3207 or (202) 482-1560, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 27, 1999, the Court issued an order remanding to the
Department the final results of the expedited sunset review on
synthetic methionine from Japan.\1\ On April 21, 1999, in accordance
with the Court's remand order, the Department filed its final results
of redetermination. See Final Results of Redetermination Pursuant to
Court Remand, April 21, 1999, NOVUS International, et. al. v. United
States, Court No. 99-01-00007 (Remand Results). In this determination,
the Department reconsidered the 48 percent rate from the Treasury
Department's less-than-fair-value investigation of synthetic methionine
from Japan as a possible appropriate indicator of the magnitude of
dumping that would prevail were the dumping finding on synthetic
methionine from Japan to be revoked. The Department determined that a
reliable source that contains a Treasury fair-value rate can be used as
a basis for reporting margins to the Commission. See Remand Results at
6. Further, the Department determined that, regardless of whether the
investigation rate was published in the Treasury finding, the
Department did ascertain and rely on a rate from the original
investigation for purposes of the final results of the first
administrative review. Therefore, we determined that, ``consistent with
our policy of selecting a margin ``from the investigation, because that
is the only calculated rate that reflects the behavior of the exporters
* * * without the discipline of an order in place (footnote omitted),''
we should report the 48 percent rate to the Commission. See Remand
Results at 7.
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\1\ NOVUS International, Inc., Degussa Corporation, and Rhone-
Poulenc Animal Nutrition v. United States, Slip Op. 99-14 (CIT
January 27, 1999).
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On April 22, 1999, the Court upheld the Department's
redetermination pursuant to Court remand. NOVUS International, et. al.
v. United States, Slip Op. 99-38 (CIT April 22, 1999). The period to
appeal has expired and no appeal was filed. Therefore, as there is now
a final and conclusive court decision in this action, we are amending
our final results of the expedited sunset review.
Amended Final Results of Review
Pursuant to section 516A(e) of the the Tariff Act of 1930, as
amended (the Act), we are now amending the final results of the
expedited sunset review on synthetic methionine from Japan and
determining that the magnitude of dumping that is likely to prevail if
the finding on synthetic methionine from Japan were revoked is 48
percent.
Dated: June 1, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-14513 Filed 6-7-99; 8:45 am]
BILLING CODE 3510-DS-P
