[Federal Register Volume 59, Number 164 (Thursday, August 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21043]
[[Page Unknown]]
[Federal Register: August 25, 1994]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-817]
Electroluminescent High Information Content Flat Panel Displays
(EL FPDs) and Display Glass Therefor From Japan; Amendment of Notice of
Court Decision and Revocation of Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Amendment of May 6, 1994, Notice of Court Decision and
Revocation of Antidumping Duty Order.
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SUMMARY: On April 15, 1994, in the case of Hosiden Corporation v.
United States, 18 CIT ____, Slip Op. 94-60 (April 14, 1994) (Hosiden
I), the United States Court of International Trade (CIT) affirmed the
International Trade Commission's (ITC) 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. 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) (Timken), the Department of Commerce (the
Department) published a Notice of Court Decision in the Federal
Register on May 6, 1994 (59 FR 23690, May 6, 1994) stating that The
Department will continue to order the suspension of liquidation of the
subject merchandise and that ``[i]f the case is not appealed, or is
affirmed on appeal, then the antidumping duty order on EL FPDs will be
revoked.'' 59 FR at 23690.
On May 10, 1994, Sharp Corporation filed with the CIT a Motion for
Writ of Mandamus to Enforce Judgment requesting that the CIT order the
Department to take four specific actions to carry out the CIT's April
14, 1994, Order. On August 12, 1994, the CIT issued a Memorandum and
Order granting Sharp Corporation's Motion for Writ of Mandamus to
Enforce Judgment. Hosiden Corporation v. United States, Slip Op. 94-
128, August 12, 1994 (Hosiden II). This notice is published in
accordance with the CIT's August 12, 1994, Order and amends the
Department's May 6, 1994, Notice of Court Decision.
EFFECTIVE DATE: August 17, 1994.
FOR FURTHER INFORMATION CONTACT:
Michael Diminich or Richard Rimlinger, Office of Antidumping
Compliance, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, D.C., 20230; telephone (202) 482-4733.
SUPPLEMENTARY INFORMATION:
Background
On August 26, 1991, the ITC determined that a U.S. industry was
being materially injured by reason of imports of EL FPDs from Japan (56
FR 43937, Sept. 5, 1991). On September 4, 1991, the Department
published an antidumping duty order on EL FPDs (56 FR 43741, September
4, 1991).
The ITC determination was appealed to the CIT by exporters of FPDs.
Sharp Corporation obtained a preliminary injunction, dated January 20,
1994 (Preliminary Injunction Order), enjoining liquidation of entries
of EL FPDs entered after February 21, 1991, the date of publication of
the Department's preliminary determination of sales at less than fair
value (56 FR 7008, February 21, 1991). The CIT remanded the
determination to the ITC to reconsider its injury determination, and 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 in Hosiden I. The Department
published a Timken notice on May 6, 1994, stating that the Department
will continue to order the suspension of liquidation of the subject
merchandise and that ``[i]f the case is not appealed, or is affirmed on
appeal, then the antidumping duty order on EL FPDs will be revoked.''
59 FR at 23690.
On May 10, 1994, Sharp Corporation filed with the CIT a Motion for
Writ of Mandamus to Enforce Judgment objecting to the steps taken by
the Department in its May 6, 1994 Federal Register notice to enforce
the CIT's April 14, 1994 Order and requesting that the CIT order the
Department to: (1) Terminate the collection of cash deposits for
estimated antidumping duties on EL FPDs; (2) suspend liquidation of
entries of EL FPDs; (3) refrain from imposing any further obligation on
any party involved in any administrative review by the Department
relating to EL FPDs; and (4) execute all documents and take all
necessary actions to effectuate a revocation of the antidumping duty
order. On August 12, 1994, the CIT issued a Memorandum and Order
granting Sharp Corporation's Motion for Writ of Mandamus to Enforce
Judgment. Hosiden II, Slip. Op. 94-128. Pursuant to the CIT's August
12, 1994 Order, we are hereby amending the Department's May 6, 1994,
Notice of Court Decision and revoking the antidumping duty order on EL
FPDs from Japan.
Actions Pursuant to Writ of Mandamus
Pursuant to Hosiden II, the Department will instruct the U.S.
Customs Service (Customs) to cease collection of cash deposits on
entities of EL FPDs as of the date of publication of this Order and
instruct Customs to release any bonds and to refund cash deposits. The
Department will further instruct Customs to suspend the liquidation of
entries of EL FPDs effective on entries made on or after February 21,
1991. The Department will take no further action with respect to any
administrative review under section 751 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1675, relating to EL FPDs. Finally, the Department
hereby revokes the antidumping duty order on EL FPDs from Japan (56 FR
43741, September 4, 1991), which revocation shall be effective February
21, 1991, the date of the Department's publication in the Federal
Register of the preliminary determination of sales at less than fair
value in this case.
Dated: August 19, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-21043 Filed 8-23-94; 9:24 am]
BILLING CODE 3510-DS-M
