# Viscose Rayon Staple Fiber From Finland; Termination of Administrative Review and Revocation of Antidumping Finding > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-27433 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** November 7, 1994 ## Text 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. ----------------------------------------------------------------------- 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-27433. Public record. Not legal advice.