Electroluminescent High Information Content Flat Panel Displays and Display Glass Therefor From Japan; Court Decision and Suspension of Liquidation

DEPARTMENT OF COMMERCE

[A-588-817]

Electroluminescent High Information Content Flat Panel Displays

and Display Glass Therefor From Japan; Court Decision and Suspension of

Liquidation

AGENCY: International Trade Administration/Import Administration,

Department of Commerce.

ACTION: Notice of court decision.

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SUMMARY: On April 14, 1994, the United States Court of International

Trade (CIT) affirmed the International Trade Commission's amended

determination on remand that there is no material injury to the U.S.

industry from imports of electroluminescent (EL) flat panel displays

and display glass therefor (FPDs) from Japan. If the case is not

appealed, or is affirmed on appeal, then the antidumping duty orders on

El FPDs will be revoked.

In accordance with the decision of the Court of Appeals for the

Federal Circuit in Timken Co. v. United States, 893 F. 2d.337 (Fed.

Cir. 1990), Commerce will continue to order the suspension of

liquidation of the subject merchandise.

EFFECTIVE DATE: April 25, 1994.

FOR FURTHER INFORMATION CONTACT:

Michael Diminich or Richard Rimlinger, Office of Antidumping

Compliance, International Trade Administration, U.S. Department of

Commerce, Washington, DC 20230; telephone (202) 482-4733.

SUPPLEMENTARY INFORMATION:

Background

On April 26, 1991, the International Trade Commission (ITC)

determined that a U.S. industry was being materially injured by reason

of imports of FPDs from the Japan (56 FR 43937, Sept. 5, 1991). On

September 4, 1991, the Department published an antidumping duty order

on EL FPDs (56 FR 43741).

The ITC decision was appealed, and the CIT remanded the

determination to the ITC to reconsider its injury determination. On

March 8, 1993, the ITC determined on remand that no U.S. industry was

being materially injured by reason of imports of El FPDs. This remand

was affirmed by the CIT on April 14, 1994, Hosiden Corporation v.

United States, Slip Op. 94-60 (CIT April 14, 1994).

Accordingly, absent an appeal, or , if appealed, upon a final

decision by the Court of Appeals for the Federal Circuit (CAFC)

affirming the CIT, the antidumping duty order will be revoked.

Plaintiffs in the proceedings obtained an injunction enjoining

liquidation of entries of EL FPDs that remain unliquidated as of 5

p.m., January 24, 1994. Therefore, revocation of the order will be

effective for all entries that remain unliquidated as of the date of

revocation.

Suspension of Liquidation

In its decision in Timken Co. v. United States, 893 F.2d 337 (Fed.

Cir. 1990), the CAFC held that the Department must publish notice of a

decision of the CIT or the CAFC which is not in harmony with the

Department's or the ITC's respective determinations. Publication of

this notice fulfills that obligation. The CAFC also held that in such a

case, the Department must suspend liquidation until there is a final

decision in the action. Therefore, the Department is continuing to

suspend liquidation at the current cash deposit rate pending the

expiration of the period of appeal of, if appealed, pending a final

decision of the CAFC.

Dated: April 30, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-10992 Filed 5-5-94; 8:45 am]

BILLING CODE 3510-DS-M