[Federal Register Volume 59, Number 133 (Wednesday, July 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16995]
[[Page Unknown]]
[Federal Register: July 13, 1994]
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INTERNATIONAL TRADE COMMISSION
Investigations Nos. 731-TA-448-450 (Final) (Remand)
Sweaters Wholly or in Chief Weight of Manmade Fibers From Hong
Kong, the Republic of Korea and Taiwan
AGENCY: U.S. International Trade Commission.
ACTION: Notice of Remand Determination.
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SUMMARY: The Commission hereby gives notice of a final court decision
affirming its final negative determinations, made pursuant to court
remand, in the above-identified antidumping duty investigations.
FOR FURTHER INFORMATION CONTACT: Andrea C. Casson, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436; (202) 205-3105. Hearing-impaired individuals
are advised that information on this matter can be obtained by
contacting the Commission's TDD terminal at (202) 205-1810.
SUPPLEMENTARY INFORMATION: On September 19, 1990, the Commission
published its determinations that an industry of the United States was
materially injured by reason of imports of manmade fiber (``MMF'')
sweaters from Hong Kong, Korea, and Taiwan. 55 Fed. Reg. 38588 (Sept.
19, 1990); Sweaters Wholly or in Chief Weight of Manmade Fibers from
Hong Kong, the Republic of Korea, and Taiwan, Invs. Nos. 731-TA-448-450
(Final), USITC Pub. 2312 (Sept. 1992). The Hong Kong, Korean and
Taiwanese producers of the subject MMF sweaters sought review of those
final determinations in the Court of International Trade (CIT).
On July 28, 1992, the CIT issued an Order, finding that the
Commission's final injury determinations were unsupported by
substantial evidence and otherwise not in accordance with law, and
remanding the determinations to the Commission for further proceedings.
Chung Ling Co. v. United States, 805 F. Supp. 45 (CIT 1992). On
November 23, 1992, the Commission submitted its remand determinations
to the CIT, finding on remand that an industry in the United States was
not materially injured or threatened with material injury by reason of
imports of the subject MMF sweaters, which the Department of Commerce
(``Commerce'') had determined are sold at less than fair value.
Sweaters Wholly or in Chief Weight of Manmade Fibers from Hong Kong,
the Republic of Korea, and Taiwan, Invs. Nos. 731-TA-448-450 (Final)
(Remand), USITC Pub. 2577 (Nov. 1992).
The trade association representing the domestic sweaters producers,
the National Knitwear and Sportswear Association (``NKSA'') challenged
the remand determinations before the CIT. On August 11, 1993, the CIT
issued an order finding that the Commission's remand determinations
fell within the scope of the remand order, and were supported by
substantial evidence and otherwise in accordance with law. Accordingly,
the CIT sustained the Commission's remand determinations. Chung Ling
Co. v. United States, 829 F. Supp. 1353 (CIT 1993).
Notice of the CIT's decision was published by Commerce, pursuant to
19 U.S.C. 1516a(c)(1), on November 12, 1993. 58 Fed. Reg. 59987 (Nov.
12, 1992). In accordance with Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990), Commerce stated that it would continue the suspension
of liquidation of the subject merchandise. Commerce's notice also
indicated that, if the CIT decision was affirmed on appeal, the
antidumping duty orders would be revoked.
Thereafter, NKSA appealed the CIT's judgment to the United States
Court of Appeals for the Federal Circuit. On June 15, 1994, the Court
of Appeals affirmed, without opinion, the CIT's final judgment
upholding the Commission's negative remand determinations. Chung Ling
Co. v. USITC, No. 94-1028 (Fed. Cir. June 15, 1994). On July 6, 1994,
the Court of Appeals issued its mandate. The judicial proceedings
having ended and the final court decision having been issued, the
Commission now, pursuant to 19 U.S.C. 1516a(e), publishes notice of the
final court decision affirming its negative remand determinations.
By order of the Commission.
Issued: July 6, 1994.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-16995 Filed 7-12-94; 8:45 am]
BILLING CODE 7020-02-P
