[Federal Register Volume 70, Number 181 (Tuesday, September 20, 2005)]
[Notices]
[Pages 55109-55110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18713]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-806]


Silicon Metal from Brazil: Notice of Court Decision and 
Suspension of Liquidation

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 26, 2005, in Elkem Metals Company and Globe 
Metallurgical Inc. v. United States, Slip Op. 05-109 (Elkem Metals 
III), the Court of International Trade (CIT) affirmed the Final Results 
of Redetermination Pursuant to Remand (Remand Results II) released by 
the Department of Commerce (the Department), on March 16, 2005. 
Consistent with the decision of the U.S. Court of Appeals for the 
Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 
(Fed. Cir. 1990) (Timken), the Department will continue to order the 
suspension of liquidation of the subject merchandise, where 
appropriate, until there is a ``conclusive'' decision in this case. If 
the case is not appealed, or if it is affirmed on appeal, the 
Department will instruct U.S. Customs and Border Protection (CBP) to 
liquidate all relevant entries from Rima Industrial, S.A. (Rima), as 
appropriate.

EFFECTIVE DATE: September 20, 2005.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Enforcement, 
Office 4, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, 
DC 20230, telephone 202-482-5831, fax 202-482-5105.

SUPPLEMENTARY INFORMATION:

[[Page 55110]]

Background

    On February 12, 2002, the Department published in the Federal 
Register a notice of final results of the antidumping duty 
administrative review on silicon metal from Brazil. See Silicon Metal 
From Brazil: Final Results of Antidumping Duty Administrative Review, 
67 FR 6488 (February 12, 2002) (Final Results). Following publication 
of the Final Results, Elkem Metals Company and Globe Metallurgical Inc. 
(collectively petitioners), filed a lawsuit with the CIT challenging 
the Department's findings in the Final Results, regarding the 
calculation of Rima's constructed value (CV). In Elkem Metals Company 
and Globe Metallurgical Inc. v. United States, No. 02-00232, (CIT 
February 25, 2004) (Elkem Metals I), the CIT remanded this matter to 
the Department for it to recalculate Rima's CV to include certain 
value-added taxes (VAT). In its Final Results of Redetermination 
Pursuant to Court Remand (Remand Results I), filed on June 8, 2004, in 
response to Elkem Metals I, the Department determined that such VAT 
were not incurred by Rima and therefore did not constitute a material 
cost for purposes of calculating CV. Consequently, in Remand Results I, 
the Department found that no adjustment was necessary to Rima's CV. In 
Elkem Metals Company and Globe Metallurgical Inc. v. United States, 350 
F. Supp 2d 1270 (CIT 2004) (Elkem Metals II), the CIT once again 
instructed the Department to include VAT paid by Rima in the re-
calculation of CV and to make any necessary adjustments to the dumping 
margin.
    The Draft Results of Redetermination Pursuant to Court Remand 
(Draft Remand Results II) were released to parties on January 24, 2005. 
The Department received comments from interested parties on the Draft 
Remand Results II on January 24, 2005, and rebuttal comments on 
February 4, 2005. On March 16, 2005, the Department responded to the 
CIT's Order of Remand by filing the Remand Results II. In Remand 
Results II, pursuant to the CIT's order, the Department included VAT 
paid by Rima in the re-calculation of CV.
    As a result of the remand determination, the antidumping duty rate 
for Rima was increased from 0.35 percent to 0.48 percent. The CIT did 
not receive comments from either petitioners or Rima.
    On August 26, 2005, the CIT affirmed the Department's findings in 
Remand Results II. Specifically, the CIT upheld the Department's 
inclusion of VAT in Rima's CV. See Elkem Metals III..
    The only revision made to the Final Results was the inclusion of 
VAT in the calculation of Rima's CV, as noted above. This revision 
resulted in a change in Rima's margin. However, Rima continues to have 
a de minimis margin, as it had in the Final Results.

Suspension of Liquidation

    The CAFC, in Timken, held that the Department must publish notice 
of a decision of the CIT or the CAFC which is not ``in harmony'' with 
the Department's final determination or results. Publication of this 
notice fulfills that obligation. The CAFC 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 26, 2005, decision, or, if 
that decision is appealed, pending a final decision by the CAFC. The 
Department will instruct CBP to revise cash deposit rates, as 
appropriate, and to liquidate relevant entries covering the subject 
merchandise effective September 20, 2005, in the event that the CIT's 
ruling is not appealed, or if appealed and upheld by the CAFC.

    Dated: September 14, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-18713 Filed 9-19-05; 8:45 am]
BILLING CODE 3510-DS-S