[Federal Register Volume 65, Number 189 (Thursday, September 28, 2000)]
[Notices]
[Page 58263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24954]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-827]


Static Random Access Memory Semiconductors From Taiwan: Notice of 
Court Decision and Suspension of Liquidation

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On August 29, 2000, in Taiwan Semiconductor Industry 
Association, et al. v. United States, Court No. 98-05-01460, Slip Op. 
00-113 (CIT), a lawsuit challenging the final affirmative determination 
of the U.S. International Trade Commission that less-than-fair-value 
imports of static random access memory semiconductors from Taiwan were 
causing material injury to the domestic industry, the U.S. Court of 
International Trade affirmed the U.S. International Trade Commission's 
second remand determination, which found no material injury as well as 
no threat of material injury, and entered a final judgment order 
accordingly. Consistent with the decision of the U.S. Court of Appeals 
for the Federal Circuit in Timken Co. v. United States, 893 F. 2d 337 
(Fed. Cir. 1990), the U.S. Department of Commerce will continue to 
order the suspension of liquidation of the subject merchandise until 
there is a ``conclusive'' decision in this case. If the case is not 
appealed, or if it is affirmed on appeal, the U.S. Department of 
Commerce will revoke the antidumping duty order covering the subject 
merchandise.

EFFECTIVE DATE: November 27, 2000.

FOR FURTHER INFORMATION CONTACT: Irina Itkin or Shawn Thompson, AD/CVD 
Enforcement Group I, Office II, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 
482-0656 or (202) 482-1776, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The U.S. Department of Commerce (the ``Department'') published 
notice of its amended final affirmative less-than-fair-value 
determination covering the subject merchandise, i.e., imports of static 
random access memory semiconductors from Taiwan, on April 16, 1998, 
Notice of Amended Final Determination and Antidumping Duty Order of 
Sales at Less Than Fair Value: Static Random Access Memory 
Semiconductors From Taiwan, 63 FR 18883 (April 16, 1998), and the U.S. 
International Trade Commission (the ``Commission'') subsequently made 
its final affirmative determination that a U.S. industry was being 
materially injured by reason of imports of the subject merchandise. See 
Static Random Access Memory Semiconductors From the Republic of Korea 
and Taiwan, 63 FR 18443 (April 15, 1998). The Department published the 
amended antidumping order covering the subject merchandise on April 22, 
1998. See Amended Antidumping Duty Order of Sales at Less Than Fair 
Value: Static Random Access Memory Semiconductors From Taiwan, 63 FR 
19898.
    Following publication of the antidumping duty order, the Taiwan 
Semiconductor Industry Association, an interested party in this case, 
filed a lawsuit with the U.S. Court of International Trade (``CIT'') 
challenging the Commission's final affirmative determination of 
material injury. In two subsequent decisions, the CIT remanded the case 
to the Commission. See Taiwan Semiconductor Industry Association, et 
al. v. United States, 59 F. Supp. 2d 1324, 1336 (CIT) (1999); see also 
Taiwan Semiconductor Industry Association, et al. v. United States, 
Slip Op. 00-37 (CIT) (April 11, 2000). On the second remand, the 
Commission determined that an industry in the United States is not 
being materially injured, nor is it threatened with material injury, by 
reason of imports of the subject merchandise. The CIT affirmed the 
Commission's second remand determination on August 29, 2000. See Taiwan 
Semiconductor Industry Association, et al. v. United States, Slip Op. 
00-113 (CIT).

Suspension of Liquidation

    In its decision in Timken Co. v. United States 893 F. 2d 337 (Fed. 
Cir. 1990) (``Timken''), the U.S. Court of Appeals for the Federal 
Circuit (``Federal Circuit'') held that the Department must publish 
notice of a decision of the CIT or the Federal Circuit which is not 
``in harmony'' with the Department's or the Commission's determination. 
Publication of this notice fulfills that obligation. The Federal 
Circuit also held that the Department must suspend liquidation of the 
subject merchandise until there is a ``conclusive'' decision in the 
case. Therefore, pursuant to Timken, the Department must continue to 
suspend liquidation pending the expiration of the period to appeal the 
CIT's August 29, 2000, decision or, if that decision is appealed, 
pending a final decision by the Federal Circuit. Furthermore, because 
the respondents obtained an injunction in this litigation, the 
Department will revoke the antidumping duty order covering the subject 
merchandise effective October 1, 1997, in the event that the CIT's 
ruling is not appealed or the Federal Circuit issues a final decision 
affirming the CIT's ruling.

    Dated: September 21, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-24954 Filed 9-27-00; 8:45 am]
BILLING CODE 3510-DS-P