[Federal Register Volume 62, Number 72 (Tuesday, April 15, 1997)]
[Notices]
[Page 18315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9658]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-357-804]


Silicon Metal from Argentina: Notice of Court Decision

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

ACTION: Notice of Court Decision.

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SUMMARY: On March 28, 1997, the United States Court of International 
Trade (CIT) affirmed the International Trade Administration's remand 
determination that energy is physically incorporated into silicon metal 
during the production process and its consequent upward adjustment to 
U.S. price for those taxes imposed on the incorporated energy.

EFFECTIVE DATE: April 15, 1997.

FOR FURTHER INFORMATION CONTACT:
Carole Showers or Elizabeth Graham, Office of Antidumping/
Countervailing Enforcement I, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
3217 or (202) 482-4105.

SUPPLEMENTARY INFORMATION:

Background

    On December 14, 1993, in Silicon Metal From Argentina; Final 
Results of Antidumping Duty Administrative Review, 58 FR 65336, the 
International Trade Administration (ITA) made an upward adjustment to 
U.S. price for the rebate of various taxes under the Reembolso program, 
including taxes on electrical energy. In American Alloys, Inc. versus 
United States, 30 F.3d 1469, 1474 (Fed. Cir. 1994) (American Alloys 
III), the Federal Circuit reversed the lower court's holding in 
American Alloys, Inc. versus United States, 810 F. Supp. 1294 (CIT 
1993) (American Alloys I), and held that U.S. price may not be adjusted 
for a rebated tax unless it is determined that the rebated tax bears a 
direct relationship to the exported product or a physically 
incorporated component of that product. Pursuant to the Federal 
Circuit's opinion, the CIT remanded the case to Commerce to make such a 
determination with respect to the taxes in question. On August 17, 
1995, Commerce submitted the results of its redetermination on remand 
to the CIT wherein it made an upward adjustment to U.S. price for taxes 
paid on energy which it found to be physically incorporated into the 
subject merchandise. The CIT affirmed those remand results in American 
Alloys, Inc. versus United States, Slip Op. 97-37 (CIT Mar. 28, 1997) 
(American Alloys IV).
    In its decision in Timken Co. versus United States, 893 F.2d 337 
(Fed. Cir. 1990), the United States Court of Appeals for the Federal 
Circuit held that, pursuant to 19 U.S.C. section 1516a(e), the 
Department must publish a notice of a court decision which is not ``in 
harmony'' with a Department determination, and must suspend liquidation 
of entries pending a ``conclusive'' court decision. The CIT's opinion 
in American Alloys IV on March 28, 1997, constitutes a decision not in 
harmony with the Department's final results of administrative review. 
Publication of this notice fulfills the Timken requirement.
    Accordingly, the Department will continue to suspend liquidation 
pending the expiration of the period of appeal, or, if appealed, upon a 
``conclusive'' court decision.

    Dated: April 8, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-9658 Filed 4-14-97; 8:45 am]
BILLING CODE 3510-DS-M