Certain Carbon Steel Products From Belgium: Notice of Decision of the Court of International Trade

DEPARTMENT OF COMMERCE

[C-423-806]

Certain Carbon Steel Products From Belgium: Notice of Decision of

the Court of International Trade

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

SUMMARY: On August 27, 1996, the United States Court of International

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

results of redetermination on remand of the final countervailing duty

determinations on certain steel products from Belgium. Geneva Steel, et

al. v. United States, Slip Op. 96-147 (CIT Aug. 27, 1996) (``Geneva

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 Geneva II and the CIT's earlier

opinion in this case, discussed below, were ``not in harmony'' with the

Department's original determinations.

EFFECTIVE DATE: October 3, 1996.

[[Page 51683]]

FOR FURTHER INFORMATION CONTACT:

Vincent Kane at (202) 482-2815, Office of Antidumping/Countervailing

Duty Enforcement, Import Administration, International Trade

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

Constitution Avenue, N.W., Washington, D.C. 20230, or Duane Layton at

(202) 482-5285, Office of the Chief Counsel for the Import

Administration, U.S. Department of Commerce.

SUPPLEMENTARY INFORMATION:

Background

On July 9, 1993, the Department published its final countervailing

duty determinations on certain steel products from Belgium. Final

Affirmative Countervailing Duty Determinations: Certain Steel Products

From Belgium, 58 FR 37273 (July 9, 1993). On August 17, 1993, the

Department published its amendment to the final countervailing duty

determinations. Countervailing Duty Order and Amendment: Certain Steel

Products from Belgium, 58 FR 43749 (Aug. 17, 1993).

Subsequent to the Department's determinations, petitioners and one

of the investigated companies filed lawsuits with the CIT challenging

these determinations. Thereafter, the CIT issued an Order and Opinion

dated January 3, 1996, in Geneva Steel, et al. v. United States, 914 F.

Supp. 563 (CIT 1996), (``Geneva I''), remanding six issues to the

Department. The Department filed its remand results on May 10, 1995.

Petitioners challenged one aspect of the Department's redetermination

on remand. On August 27, 1996, the CIT affirmed the Department's final

results of redetermination on remand in Geneva II.

Timken Notice

In its decision in Timken, the Federal Circuit held that, pursuant

to 19 U.S.C. 1516a(e), the Department must publish notice of a decision

of the CIT or Federal Circuit which is ``not in harmony'' with the

Department's determination. The CIT's decisions in Geneva I and Geneva

II were not in harmony with the Department's original countervailing

duty determinations. Therefore, publication of this notice fulfills the

obligation imposed upon the Department by the decision in Timken. If

these decisions are not appealed, or if appealed, if they are upheld,

the Department will publish amended final countervailing duty

determinations.

Dated: September 25, 1996.

Barbara R. Stafford,

Acting Assistant Secretary for Import Administration.

[FR Doc. 96-25410 Filed 10-2-96; 8:45 am]

BILLING CODE 3510-DS-M