[Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
[Notices]
[Page 45700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21810]
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DEPARTMENT OF COMMERCE
[A-580-809]
Court Decision and Suspension of Liquidation: Circular Welded
Non-Alloy Steel Pipe From Korea
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of court decision and suspension of liquidation.
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SUMMARY: On August 11, 1995, in the case of Laclede Steel Co. v. United
States, Cons. Ct. No. 92-12-00784, Slip Op. 95-144 (``Laclede''), the
United States Court of International Trade (the Court) affirmed the
Department of Commerce's (the Department's) results of redetermination
on remand of the final determination of sales at less than fair value
of circular welded non-alloy steel pipe from Korea. Consistent with the
decision of the United States Court of Appeals for the Federal Circuit
(Federal Circuit) in Timken Co. v. United States, 893 F.2d 337 (Fed.
Cir. 1990) (``Timken''), the Department will not order the liquidation
of the subject merchandise entered or withdrawn from warehouse from
consumption prior to a ``conclusive'' decision in this case.
EFFECTIVE DATE: August 21, 1995.
FOR FURTHER INFORMATION CONTACT:
Erik Warga, Office of Antidumping Investigations, Import
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482-
0922.
SUPPLEMENTARY INFORMATION:
Background
On September 17, 1992, the Department published its final
determination of sales at less-than-fair-value. Final Determination of
Sales at Less Than Fair Value: Circular Welded Non-Alloy Steel Pipe
From the Republic of Korea, 57 FR 42942 (Sept. 17, 1992). On November
2, 1992, the Department published its amendment to the final
determination of sales at less-than-fair-value. Notice of Antidumping
Orders: Certain Circular Welded Non-Alloy Steel Pipe from Brazil, the
Republic of Korea, Mexico, and Venezuela, and Amendment to Final
Determination of Sales at Less Than Fair Value: Circular Welded Non-
Alloy Steel Pipe From the Republic of Korea, 57 FR 49453 (Nov. 2,
1992).
Subsequent to the Department's final determination, petitioners and
three of the investigated companies filed lawsuits with the Court
challenging this determination. Thereafter, the Court issued an Order
and Opinion dated October 12, 1994, in Laclede Steel Co. v. United
States, Cons. Ct. No. 92-12-00784, Slip Op. 94-160, remanding three
issues to the Department. The Court instructed the Department to (1)
reconsider its original determination that certain overrun pipe sales
were within the ordinary course of trade; (2) grant duty drawback
adjustments on all U.S. sales, including those compared to constructed
value; and (3) conduct a correlation test, utilizing only the price
factor, to determine whether there was a correlation between price and
levels of trade for the subject merchandise.
The Department filed its remand results on March 3, 1995. On March
9, 1995, the Department filed amended results to correct certain
typographical errors. In the remand results, the Department found the
overrun pipe sales at issue to be outside the ordinary course of trade.
In accordance with the Court's instructions, the Department granted
adjustments for duty drawback for all U.S. sales. Additionally, as the
results of the correlation test were inconclusive, the Department
calculated foreign market value without regard to level of trade.
On August 11, 1995, the Court sustained the Department's remand
results. See Laclede Steel Co. v. United States, Cons. Ct. No. 92-12-
00784, Slip Op. 95-144 (CIT Aug. 11, 1995).
Suspension of Liquidation
In its decision in Timken, the Federal Circuit held that, pursuant
to 19 U.S.C. 1516a(e), the Department must publish notice of a decision
of the Court or Federal Circuit which is ``not in harmony'' with the
Department's determination. Publication of this notice fulfills this
obligation. The Federal Circuit also held that in such a case, the
Department must suspend liquidation until there is a ``conclusive''
decision in the action. A ``conclusive'' decision cannot be reached
until the opportunity to appeal expires or any appeal is decided by the
Federal Circuit. Therefore, the Department will continue to suspend
liquidation pending the expiration of the period to appeal or pending a
final decision of the Federal Circuit if Laclede is appealed.
Dated: August 28, 1995.
Paul L. Joffe,
Acting Assistant Secretary for Import Administration.
[FR Doc. 95-21810 Filed 8-31-95; 8:45 am]
BILLING CODE 3510-DS-P
