Ferrosilicon From Brazil; Affirmation of the Results of Redetermination Pursuant to Court Remand

DEPARTMENT OF COMMERCE

[A-351-820]

Ferrosilicon From Brazil; Affirmation of the Results of

Redetermination Pursuant to Court Remand

SUMMARY: On May 21, 1996, the United States Court of International

Trade (the Court) affirmed the Department of Commerce's (the

Department's) redetermination on remand of the Final Determination of

Sales at Less Than Fair Value: Ferrosilicon From Brazil (59 FR 732,

January 6, 1994) and the Amended Final Determination of Sales at Less

Than Fair Value: Ferrosilicon From Brazil (59 FR 8598, February 23,

1994). See Aimcor et al. v. United States et al., Slip Op. 96-79 (CIT

May 21, 1996).

EFFECTIVE DATE: July 23, 1996.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson or James Terpstra at

(202) 482-4929 or (202) 482-3965, respectively, Investigations Office,

Import Administration, International

[[Page 38139]]

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

Constitution Avenue, N.W., Washington, D.C. 20230.

SUPPLEMENTARY INFORMATION:

Background

On July 20, 1995, the Court issued an order remanding to the

Department the final determination and amended final determination on

ferrosilicon from Brazil. See Aimcor et al. v. United States et al.,

Slip Op. 95-130 (CIT July 20, 1995) (AIMCOR I).

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

Cir. 1990) (Timken), the United States Court of Appeals for the Federal

Circuit held that, pursuant to 19 U.S.C. 1516a(e), the Department must

publish a notice of a court decision that is not ``in harmony'' with a

Department determination, and must suspend liquidation of entries

pending a ``conclusive'' court decision.

In AIMCOR I, the Court ordered the Department to do the following:

(1) Determine if the amount of the ``spread'' (the difference between

the interest rate and the inflation rate) is sufficiently quantified

and, if so, account for this amount in the home market price, or, if

not, grant Companhia Ferroligas Minas Gerais (Minasligas) an

opportunity to provide such data; (2) reconsider the profit calculation

in constructed value and explain the rationale for whatever methodology

the Department chooses to apply; (3) apply a U.S. dollar-denominated

interest rate in calculating Minasligas' imputed U.S. credit expenses;

(4) request from Minasligas data on the appropriate monetary correction

for loans, and if that data is inadequate or not provided, to

reconsider our selection of best information available, and also to

reconsider whether the Department's interest expense adjustment and the

selection, if any, of an adjustment for monetary correction for loans

understate Minasligas' interest expenses included in cost of production

and constructed value; and (5) determine whether Minasligas' value-

added taxes on the inputs at issue were fully recovered prior to

exportation of the subject merchandise.

These remand instructions constitute a decision not in harmony with

the Department's final determination and amended final determination.

This notice fulfills the publication requirements of Timken.

Absent an appeal, or, if appealed, upon a ``conclusive'' court

decision affirming the Court's opinion, the Department will amend the

amended final determination of the investigation on ferrosilicon from

Brazil to reflect as follows the amended margins in the Department's

redetermination on remand: Minasligas 19.73 percent; Companhia

Brasileira Carbureto de Calcio 17.93 percent; and All Others 42.17

percent. Liquidation of such entries is suspended pending final and

conclusive affirmance of these remand results.

Dated: July 10, 1996.

Jeffrey P. Bialos,

Deputy Assistant Secretary for Import Administration.

[FR Doc. 96-18672 Filed 7-22-96; 8:45 am]

BILLING CODE 3510-DS-P