International Trade Administration December 13, 2005 – Federal Register Recent Federal Regulation Documents

On August 8, 2005, the Department of Commerce (the Department) published the preliminary results of administrative review of the antidumping duty order covering stainless steel sheet and strip in coils from Germany. See Stainless Steel Sheet and Strip in Coils from Germany; Notice of Preliminary Results of Antidumping Duty Administrative Review, 70 FR 45682 (August 8, 2005) (Preliminary Results). The merchandise covered by this order is stainless steel sheet and strip in coils as described in the ``Scope of the Order'' section of this notice. The period of review (POR) is July 1, 2003 through June 30, 2004. We invited parties to comment on our Preliminary Results. Based on our analysis of the comments received, we have made changes to the margin calculation. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margin for the reviewed firm is listed below in the section entitled ``Final Results of the Review.''

On October 20, 2005, in Slater Steels Corp. v. United States, Consol. Court No. 02-00551, Slip Op. 05-137 (CIT October 20, 2005) (``Slater III''), a lawsuit challenging the Department of Commerce's (``the Department'') Notice of Amended Final Results of Antidumping Duty Administrative Review: Stainless Steel Bar from India, 67 FR 53336 (August 15, 2002) (``Final Results'') and the accompanying Issues and Decision Memorandum (July 5, 2002) (``Decision Memorandum''), the Court of International Trade (``CIT'') affirmed the Department's third remand determination and entered a judgment order. In the remand determination, the Department did not collapse Viraj Alloys Limited (``VAL'') with Viraj Impoexpo Limited (``VIL'') and Viraj Forgings Limited (``VFL''). The Department calculated an individual antidumping duty margin for VIL/VFL. The Department did not calculate an individual antidumping duty margin for VAL because it did not export the subject merchandise to the United States during the period of review. The resulting antidumping duty margin for VIL/VFL is 0.84 percent. Consistent with the decision of the U.S. 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 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 Department will instruct the U.S. Customs and Border Protection (``CBP'') to liquidate all relevant entries of subject merchandise for VIL/VFL.