International Trade Administration December 14, 2005 – Federal Register Recent Federal Regulation Documents

On November 28, 2005, the United States Court of International Trade (``CIT'') issued an order sustaining the Department of Commerce's (``the Department'') Second Remand Results. See Final Results of Redetermination Pursuant to Court Remand, Globe Metallurgical, Inc. vs. United States, Consol. Ct. No. 03-00202 (October 21, 2005) (available at https://www.ia.ita.doc.gov) (``Second Remand Results''); see also, Globe Metallurgical, Inc. v. United States, Slip Op. 05-150 (CIT November 28, 2005) (``Globe Metallurgical III''). In the First Remand Results, the Department recalculated the antidumping margins for Bratsk Aluminum Smelter and Rual Trade Limited (collectively, ``Bratsk'') and ZAO Kremny and SUAL-Kremny-Ural Ltd. (collectively, ``Kremny'') to value the respondents' usage of recycled silicon metal sized zero to five millimeters. See Final Results of Redetermination Pursuant to Court Remand, Globe Metallurgical, Inc. v. United States, Consol. Ct. No. 03-00202 (January 5, 2005) (available at https://www.ia.ita.doc.gov) (``First Remand Results''). In the Second Remand Results, the Department recalculated the adverse facts available (``AFA'') portion of Kremny's antidumping duty margin using the revised antidumping duty margin for Bratsk calculated in the First Remand Results. Consistent with the decision of the United States 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 is notifying the public that the Globe Metallurgical III decision is ``not in harmony'' with the Department's final determination.