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[Federal Register: September 13, 2002 (Volume 67, Number 178)]
[Notices]               
[Page 58018-58019]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se02-39]                         

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DEPARTMENT OF COMMERCE

International Trade Administration

A-588-854

 
Certain Tin Mill Products from Japan: Notice of Decision of the 
Court of International Trade

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

EFFECTIVE DATE: September 13, 2002./P<ls-thn-eq>

FOR FURTHER INFORMATION CONTACT: Michael Ferrier or Abdelali Elouaradia 
at (202) 482-1394 or (202) 482-1374, respectively; Antidumping and 
Countervailing Duty Enforcement Group III, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230.
SUMMARY: On August 9, 2002, the United States Court of International 
Trade (``CIT'' or ``the Court'') entered a

[[Page 58019]]

final judgement vacating the United States International Trade 
Commission's (``ITC'' or ``Commission'') determination finding that an 
industry in the United States is materially injured by reason of 
imports of the subject merchandise in the investigation of Tin and 
Chromium-Coated Steel Sheet From Japan. Inv. No. 731-TA-860, USITC Pub. 
3300, 65 Fed. Reg. 50005 (August 16, 2000). The Court ordered the 
Commission to enter a negative determination. Nippon Steel Corporation, 
et al. v. United States, Slip Op. 02-86 (CIT August 9, 2002) (``Nippon 
II''). 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 Nippon II is ``not in harmony'' 
with the Commission's affirmative injury determination.

SUPPLEMENTARY INFORMATION:

Background

    On June 26, 2000, the Department published in the Federal Register 
the notice of final determination of sales at less than fair value on 
certain tin mill products from Japan. See Notice of Final Determination 
of Sales at Less Than Fair Value: Certain Tin Mill Products From Japan, 
65 FR 39364 (June 26, 2002). On August 28, 2000, following the 
Commission's final affirmative injury determination, the Department 
published in the Federal Register the antidumping duty order on certain 
tin mill products from Japan. See Notice of Antidumping Duty Order: 
Certain Tin Mill Products from Japan, 65 FR 52067 (August 28, 2000).
    Nippon Steel Corporation, NKK Corporation, Kawasaki Steel 
Corporation, and Toyo Kohan Co., Ltd., respondents in the underlying 
investigation, filed a lawsuit with the CIT contesting the ITC's 
affirmative injury determination. The Court issued an Order and Opinion 
dated December 31, 2000, in Nippon Steel Corporation, et al. v. United 
States, 182 F. Supp. 2d 1330 (CIT 2000) (``Nippon I''), remanding the 
ITC's affirmative injury determination. On March 4, 2002, the ITC filed 
its affirmative injury remand determination. USITC Pub. 3493 (March 
2002). On August 9, 2002, the CIT issued an opinion and judgement 
vacating the Commission's affirmative injury remand determination and 
directing the Commission to enter a negative determination. See Nippon 
II.

Timken Notice

    In its decision in Timken, the Federal Circuit held that, pursuant 
to 19 U.S.C. 1516a(c), an agency must publish notice of a decision of 
the CIT or Federal Circuit which is ``not in harmony'' with the 
agency's determination. The CIT's decision in Nippon II is not in 
harmony with the Commission's final affirmative injury determination. 
Therefore, publication of this notice fulfills the obligation imposed 
by the decision in Timken. If this decision is not appealed, or if 
appealed, if it is upheld, the Commission will publish notice of a 
negative injury determination on tin and chromium-coated steel sheet 
from Japan.

    Dated: September 6, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-23389 Filed 9-12-02; 8:45 am]
BILLING CODE 3510-DS-S

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