[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Notices]
[Page 64018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30277]



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DEPARTMENT OF COMMERCE
[A-307-807]


Amended Order and Final Determination of Sales at Less Than Fair 
Value: Ferrosilicon From Venezuela

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

ACTION: Notice of Amendment to Final Determination of Sales at Less 
Than Fair Value: Ferrosilicon From Venezuela.

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SUMMARY: On May 15, 1995, the Department of Commerce (the Department) 
submitted to the Court of International Trade (CIT) the final results 
of redetermination pursuant to a court remand in Aimcor, et al. v. 
United States (Slip Op. 94-192, December 13, 1994). On September 16, 
1995, the CIT affirmed our redetermination (Slip Op. 94-192). In 
accordance with that affirmation, we are hereby amending the Final 
Determination of Sales at Less Than Fair Value: Ferrosilicon from 
Venezuela 58 FR 27522 (May 10, 1993). We have recalculated the margin 
for the sole respondent in the investigation, CVG-Venezolana de 
Ferrosilicio C.A. (CVG-FESILVEN), as well as the ``All Others'' rate, 
as follows:

------------------------------------------------------------------------
                                                                Margin  
                   Manufacturer/exporter                      (percent) 
------------------------------------------------------------------------
CVG-FESILVEN...............................................        15.01
All others.................................................        15.01
------------------------------------------------------------------------

EFFECTIVE DATE: December 13, 1995.

FOR FURTHER INFORMATION CONTACT: Shawn Thompson, Office of Antidumping 
Investigations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, D.C. 20230; telephone: (202) 482-
1776.

SUPPLEMENTARY INFORMATION:

Background

    On December 13, 1994, the CIT, in Aimcor, et al. v. United States 
(Slip Op. 94-192), remanded to the Department for redetermination the 
Final Determination of Sales at Less Than Fair Value: Ferrosilicon from 
Venezuela 58 FR 27522 (May 10, 1993). In its remand order, the Court 
granted the Department's request to reconsider the issue of CVG-
FESILVEN'S depreciation costs, and instructed the Department to 
determine whether CVG-FESILVEN's depreciation costs should be based on 
the revalued amount shown in the company's 1991 financial statements.
    In the Department's final determination, the dumping margin for 
CVG-FESILVEN was 9.55 percent. CVG-FESILVEN's dumping margin was based 
on using CVG-FESILVEN's historical costs of its assets to calculate 
depreciation expenses.

Final Remand Results

    In accordance with the CIT's order, the Department reconsidered its 
final determination with respect to Ferrosilicon from Venezuela. Upon 
redetermination, we find that we should base depreciation costs on the 
revalued amount of CVG-FESILVEN's fixed assets. Accordingly, we revised 
CVG-FESILVEN's cost of production (COP) to include the depreciation 
expense related to the company's asset revaluation.
    We incorporated the revised COP in our cost test analysis. We also 
included the revised depreciation amount in our calculation of 
constructed value (CV) and then incorporated the revised CV into the 
margin calculations, as appropriate.

Final Results of Redetermination

    On September 16, 1995, the CIT affirmed our redetermination (Slip 
Op. 94-192). Because no party appealed that affirmation to the Court of 
Appeals for the Federal Circuit, that decision has become the ``final 
and conclusive'' decision in this action. See Timkin v. United States, 
893 F.2d 337 (Fed. Cir. 1990). Therefore, in accordance with that 
affirmation, we are hereby amending the final determination and order 
with respect to CVG-FESILVEN's and the ``all others'' rates. The 
revised weighted-average margin for both is 15.01 percent.
    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. The Department 
will issue appraisement instructions directly to the Customs Service.
    This notice is in accordance with section 516(a)(e) of the Tariff 
Act of 1930, as amended.

    Dated: December 4, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-30277 Filed 12-12-95; 8:45 am]
BILLING CODE 3510-DS-P