Notice of Final Court Decision and Amended Final Results of Expedited Sunset Review on Synthetic Methionine from Japan

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-041]

Notice of Final Court Decision and Amended Final Results of

Expedited Sunset Review on Synthetic Methionine from Japan

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of final court decision and amended final results of

expedited sunset review on synthetic methionine from Japan.

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SUMMARY: On April 22, 1999, the Court of International Trade (the

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

determination arising out of the expedited sunset review of the

antidumping finding on synthetic methionine from Japan. See NOVUS

International, et. al. v. United States, Slip Op. 99-38 (CIT April 22,

1999). As there is now a final and conclusive court decision in this

action, we are amending the final results of review in this matter and

will notify the U.S. International Trade Commission (``the

Commission'') that the magnitude of the margin likely to prevail were

the finding to be revoked is 48 percent.

EFFECTIVE DATE: June 8, 1999.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit or Melissa G.

Skinner, Office of Policy for Import Administration, International

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

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

3207 or (202) 482-1560, respectively.

SUPPLEMENTARY INFORMATION:

Background

On January 27, 1999, the Court issued an order remanding to the

Department the final results of the expedited sunset review on

synthetic methionine from Japan.\1\ On April 21, 1999, in accordance

with the Court's remand order, the Department filed its final results

of redetermination. See Final Results of Redetermination Pursuant to

Court Remand, April 21, 1999, NOVUS International, et. al. v. United

States, Court No. 99-01-00007 (Remand Results). In this determination,

the Department reconsidered the 48 percent rate from the Treasury

Department's less-than-fair-value investigation of synthetic methionine

from Japan as a possible appropriate indicator of the magnitude of

dumping that would prevail were the dumping finding on synthetic

methionine from Japan to be revoked. The Department determined that a

reliable source that contains a Treasury fair-value rate can be used as

a basis for reporting margins to the Commission. See Remand Results at

6. Further, the Department determined that, regardless of whether the

investigation rate was published in the Treasury finding, the

Department did ascertain and rely on a rate from the original

investigation for purposes of the final results of the first

administrative review. Therefore, we determined that, ``consistent with

our policy of selecting a margin ``from the investigation, because that

is the only calculated rate that reflects the behavior of the exporters

* * * without the discipline of an order in place (footnote omitted),''

we should report the 48 percent rate to the Commission. See Remand

Results at 7.

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\1\ NOVUS International, Inc., Degussa Corporation, and Rhone-

Poulenc Animal Nutrition v. United States, Slip Op. 99-14 (CIT

January 27, 1999).

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On April 22, 1999, the Court upheld the Department's

redetermination pursuant to Court remand. NOVUS International, et. al.

v. United States, Slip Op. 99-38 (CIT April 22, 1999). The period to

appeal has expired and no appeal was filed. Therefore, as there is now

a final and conclusive court decision in this action, we are amending

our final results of the expedited sunset review.

Amended Final Results of Review

Pursuant to section 516A(e) of the the Tariff Act of 1930, as

amended (the Act), we are now amending the final results of the

expedited sunset review on synthetic methionine from Japan and

determining that the magnitude of dumping that is likely to prevail if

the finding on synthetic methionine from Japan were revoked is 48

percent.

Dated: June 1, 1999.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 99-14513 Filed 6-7-99; 8:45 am]

BILLING CODE 3510-DS-P