[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Notices]
[Pages 66349-66350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21864]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-806]


Silicon Metal from Brazil: Notice of Court Decision Not in 
Harmony

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 6, 2005, in Elkem Metals Company and Globe 
Metallurgical Inc., v. United States, Slip Op. 05-134, the Court of 
International Trade (CIT) affirmed the Final Results of Redetermination 
Pursuant to Court Remand (Remand Redetermination) issued by the 
Department of Commerce (the Department) on July 14, 2004. 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 Compania Brasilieira Carbureto De Calcio (CBCC) and Electrosilex, 
S.A. (Electrosilex), as appropriate.

EFFECTIVE DATE: November 2, 2005.

[[Page 66350]]


FOR FURTHER INFORMATION CONTACT: Zev Primor, AD/CVD Operations, Office 
4, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Ave., NW., 
Washington, DC 20230; telephone: (202) 482-4114, fax: (202) 482-5105.

SUPPLEMENTARY INFORMATION:

Background

    On February 23, 2001, the Department published the final results of 
administrative review of the antidumping duty order on silicon metal 
from Brazil for the period July 1, 1998, through June 30, 1999. See 
Silicon Metal from Brazil; Final Results of Antidumping Duty 
Administrative Review and Determination Not to Revoke in Part; 66 FR 
11256 (February 23, 2001) (Final Results). CBCC and Electrosilex filed 
a lawsuit challenging certain aspects of the Final Results. 
Specifically, CBCC argued that the Department used an incorrect 
interest rate to calculate its home market imputed credit expense, 
while Electrosilex asserted that the Department's decision to apply 
total adverse facts available (AFA) was not in accordance with law and 
unsupported by record evidence. On April 15, 2004, the CIT remanded 
this case back to the Department and instructed it ''...to impute anew 
(1) CBCC's home-market credit costs and (2) Electrosilex's margin of 
dumping for the period of review implicated that is in accordance with 
law and supported by substantial evidence on the record.'' See Elkem 
Metals Company and Globe Metallurgical Inc., v. United States, Slip Op. 
04-36. The Department issued its final results of remand 
redetermination on July 14, 2004. See Remand Redetermination. On 
October 6, 2005, the CIT affirmed the Department's final results of 
remand redetermination in their entirety.

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 determination. 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 of unliquidated entries pending 
the expiration of the period to appeal the CIT's October 6, 2005, 
decision affirming the Department's remand results or pending a final 
decision of the CAFC if that decision is appealed. Upon expiration of 
the period to appeal, or if the CIT's decision is appealed and the 
CAFC's decision is not in harmony with the Department's determination 
in the Final Results, the Department will publish in the Federal 
Register a notice of amended final results for the 1998-1999 
administrative review of silicon metal from Brazil.
    We are issuing and publishing this notice in accordance with 
section 516A(c)(1) of the Tariff Act of 1930, as amended.

    Dated: October 26, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-21864 Filed 11-1-05; 8:45 am]
BILLING CODE 3510-DS-S