Viscose Rayon Staple Fiber From Finland; Termination of Administrative Review and Revocation of Antidumping Finding

DEPARTMENT OF COMMERCE

[A-405-071]

Viscose Rayon Staple Fiber From Finland; Termination of

Administrative Review and Revocation of Antidumping Finding

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of termination of Administrative Review and Revocation

of Antidumping Finding.

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SUMMARY: In accordance with the decision of the United States Court of

International Trade (the Court), in Kemira Fibres Oy v. United States,

18 CIT________, Slip Op. 94-139 (September 8, 1994), the Department of

Commerce (the Department) is now revoking the antidumping finding on

viscose rayon staple fiber (the fiber) from Finland, terminating the

1993-94 antidumping duty administrative review of the finding, and

ending the suspension of liquidation of entries of all imports of the

fiber. The Department is taking these actions, rather than suspend

liquidation of the subject merchandise during the pendency of appeal,

because the instant decision was issued pursuant to 28 U.S.C. 1581(i),

the Court's residual jurisdictional authority, rather than pursuant to

19 U.S.C. 1516a, the Court's general jurisdictional authority.

EFFECTIVE DATE: November 7, 1994.

FURTHER INFORMATION CONTACT: Matthew Blaskovich or Zev Primor, Office

of Antidumping Compliance, Import Administration, International Trade

Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-

5831/4114.

SUPPLEMENTARY INFORMATION:

Background

On March 21, 1979, the United States Treasury Department published

in the Federal Register the antidumping finding on the fiber from

Finland (44 FR 17156). The Department conducted administrative reviews

of the fiber until 1988. However, no reviews of the fiber were

conducted for the next five consecutive years (i.e., for the period

March 1988 through February 1993) because no interested party requested

an administrative review.

On June 3, 1993, the Department published in the Federal Register a

notice of intent to revoke the finding. See Rayon Staple Fiber from

Finland; Intent to Revoke Antidumping Finding (58 FR 31504). On June

28, 1993, two U.S. domestic producers of the fiber objected to the

proposed revocation within the time specified in the foregoing Federal

Register notice.

On March 4, 1994, the Department published in the Federal Register

a notice of ``Opportunity to Request Administrative Review'' for the

period March 1, 1993 through February 28, 1994 (59 FR 10368). On March

29, 1994, two domestic producers requested that the Department conduct

an administrative review of Kemira Fibres Oy (Kemira).

On July 13, 1994, Kemira filed an action to enjoin the Department

from conducting the review, claiming that the Department was required

to revoke the finding as of April 1, 1993, pursuant to 19 CFR

353.25(d)(4)(iii), because the Department did not publish in the

Federal Register a notice of ``Intent to Revoke Finding'' by March 1,

1993, the first day of the fifth consecutive anniversary month in which

no administrative reviews were requested and no interested party

objected to revocation or requested an administrative review by the

last day of the fifth consecutive anniversary month.

On September 8, 1994, in the case of Kemira Fibres Oy v. United

States, the Court ruled that the Department was required to revoke the

antidumping finding on April 1, 1993. The Court, citing ``the language

and character'' of 19 CFR 353.25(d)(4), concluded that ``as no

interested party requested an administrative review of the fiber by the

last day of the Finding's fifth anniversary month although Commerce

solicited requests for administrative review, it was incumbent upon

Commerce to conclude that the domestic industry was not interested and

to revoke the Order on April 1, 1993. Commerce is now required to: (a)

Revoke the Order on the fiber, (b) terminate the administrative review

of the fiber for 1993-94, and (c) end the suspension of liquidation of

entries of Kemira's imports.'' Kemira Fibres Oy v. United States, 18

CIT at________, Slip Op. 94-139 at 16.

Scope of the Order

Imports covered by the revocation are shipments of viscose rayon

staple fiber, except solution dyed, in noncontinuous form, not carded,

not combed and not otherwise processed, wholly of filaments (except

laminated filaments and plexiform filaments). This product is currently

classifiable under Harmonized Tariff Schedules (HTS) item numbers

5504.10.00 and 5504.90.00. The HTS numbers are provided for convenience

and Customs purposes. The written description of the scope of the

finding remains dispositive.

Actions Pursuant to Court's Judgment

The Department will instruct the U.S. Customs Service to end the

suspension of liquidation of entries of Kemira's imports. The

Department will take no further action with respect to any

administrative review under section 751(a) of the Tariff Act of 1930,

as amended, 19 U.S.C. 1675(a), relating to the fiber from Finland.

Finally, the Department hereby revokes the antidumping finding on the

fiber from Finland (44 FR 17156, March 21, 1979), revocation being

effective April 1, 1993.

This revocation applies to all unliquidated entries of the fiber

from Finland entered, or withdrawn from warehouse, for consumption on

or after April 1, 1993. The Department will instruct the U.S. Customs

Service to proceed with liquidation of all unliquidated entries of this

merchandise entered, or withdrawn from warehouse, for consumption on or

after April 1, 1993, without regard to antidumping duties with respect

to those entries.

This notice is in accordance with Section 751(c) of the Tariff Act

of 1930, as amended, 19 U.S.C. 1675(c), and 19 CFR 353.25(d) (1993).

Dated: October 31, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-27433 Filed 11-4-94; 8:45 am]

BILLING CODE 3510-DS-P