[Federal Register Volume 61, Number 142 (Tuesday, July 23, 1996)]
[Notices]
[Pages 38138-38139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18672]
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DEPARTMENT OF COMMERCE
[A-351-820]
Ferrosilicon From Brazil; Affirmation of the Results of
Redetermination Pursuant to Court Remand
SUMMARY: On May 21, 1996, the United States Court of International
Trade (the Court) affirmed the Department of Commerce's (the
Department's) redetermination on remand of the Final Determination of
Sales at Less Than Fair Value: Ferrosilicon From Brazil (59 FR 732,
January 6, 1994) and the Amended Final Determination of Sales at Less
Than Fair Value: Ferrosilicon From Brazil (59 FR 8598, February 23,
1994). See Aimcor et al. v. United States et al., Slip Op. 96-79 (CIT
May 21, 1996).
EFFECTIVE DATE: July 23, 1996.
FOR FURTHER INFORMATION CONTACT: Katherine Johnson or James Terpstra at
(202) 482-4929 or (202) 482-3965, respectively, Investigations Office,
Import Administration, International
[[Page 38139]]
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, D.C. 20230.
SUPPLEMENTARY INFORMATION:
Background
On July 20, 1995, the Court issued an order remanding to the
Department the final determination and amended final determination on
ferrosilicon from Brazil. See Aimcor et al. v. United States et al.,
Slip Op. 95-130 (CIT July 20, 1995) (AIMCOR I).
In its decision in Timken Co., v. United States, 893 F.2d 337 (Fed.
Cir. 1990) (Timken), the United States Court of Appeals for the Federal
Circuit held that, pursuant to 19 U.S.C. 1516a(e), the Department must
publish a notice of a court decision that is not ``in harmony'' with a
Department determination, and must suspend liquidation of entries
pending a ``conclusive'' court decision.
In AIMCOR I, the Court ordered the Department to do the following:
(1) Determine if the amount of the ``spread'' (the difference between
the interest rate and the inflation rate) is sufficiently quantified
and, if so, account for this amount in the home market price, or, if
not, grant Companhia Ferroligas Minas Gerais (Minasligas) an
opportunity to provide such data; (2) reconsider the profit calculation
in constructed value and explain the rationale for whatever methodology
the Department chooses to apply; (3) apply a U.S. dollar-denominated
interest rate in calculating Minasligas' imputed U.S. credit expenses;
(4) request from Minasligas data on the appropriate monetary correction
for loans, and if that data is inadequate or not provided, to
reconsider our selection of best information available, and also to
reconsider whether the Department's interest expense adjustment and the
selection, if any, of an adjustment for monetary correction for loans
understate Minasligas' interest expenses included in cost of production
and constructed value; and (5) determine whether Minasligas' value-
added taxes on the inputs at issue were fully recovered prior to
exportation of the subject merchandise.
These remand instructions constitute a decision not in harmony with
the Department's final determination and amended final determination.
This notice fulfills the publication requirements of Timken.
Absent an appeal, or, if appealed, upon a ``conclusive'' court
decision affirming the Court's opinion, the Department will amend the
amended final determination of the investigation on ferrosilicon from
Brazil to reflect as follows the amended margins in the Department's
redetermination on remand: Minasligas 19.73 percent; Companhia
Brasileira Carbureto de Calcio 17.93 percent; and All Others 42.17
percent. Liquidation of such entries is suspended pending final and
conclusive affirmance of these remand results.
Dated: July 10, 1996.
Jeffrey P. Bialos,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 96-18672 Filed 7-22-96; 8:45 am]
BILLING CODE 3510-DS-P
