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2010-09-23
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Certain Cut-to-Length Carbon-Quality Steel Plate from France: Notice of Court Decision and Suspension of Liquidation
Notices
D09002ee1bded0ac2
D09002ee1bded0b4a
United States
Department of Commerce
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org
United States Government Agency or Subagency
United States
International Trade Administration
originator
org
United States Government Agency or Subagency
On September 24, 2002, in GTS Industries S.A. v. United States, Consol. Court No. 00-03-00118, Slip Op. 02-115 (CIT 2002), a lawsuit challenging the Department of Commerce's (``the Department's'') Final Affirmative Countervailing Duty Determination: Certain Cut-to- Length Carbon-Quality Steel Plate from France, 64 FR 73277 (December 29, 1999) (``French Plate''), the Court of International Trade (``CIT'') affirmed the Department's second remand redetermination and entered a judgment order. In this redetermination, the Department reviewed the record evidence regarding the facts and circumstances, including the terms of the sale, of the privatization of Usinor (which owned a majority interest in GTS Industries S.A. (``GTS'') prior to 1996 and a minority interest during the period of investigation (``POI'')), and concluded that no countervailable subsidies were attributable to GTS following the privatization transaction. As a result of the redetermination, the countervailable subsidy rate for the subject merchandise produced and sold by GTS during the POI was reduced from 6.86 percent to 0.00 percent ad valorem. This redetermination was not in harmony with the Department's original final determination in French Plate. Consistent with the decision of the U.S. Court of Appeals for the Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), the Department will continue to order the suspension of liquidation of the subject merchandise until there is a ``conclusive'' decision in this case. If the case is not appealed, or if it is affirmed on appeal, the Department will instruct the U.S. Customs Service to terminate the suspension of liquidation for all entries of certain cut-to-length carbon-quality steel plate from France.
67 FR 66112
https://www.govinfo.gov/app/details/FR-2002-10-30/02-27630
02-27630
fr30oc02-41
3510-DS-S
C-427-817
https://www.govinfo.gov/app/details/FR-2002-10-30/02-27630
https://www.govinfo.gov/content/pkg/FR-2002-10-30/html/02-27630.htm
https://www.govinfo.gov/content/pkg/FR-2002-10-30/pdf/02-27630.pdf
3 p.
66112
66114
67 FR 66112
Certain Cut-to-Length Carbon-Quality Steel Plate from France: Notice of Court Decision and Suspension of Liquidation; Federal Register Vol. 67, Issue
NOTICE
02-27630
DEPARTMENT OF COMMERCE
International Trade Administration
C-427-817
3510-DS-S
02-27630
On September 24, 2002, in GTS Industries S.A. v. United States, Consol. Court No. 00-03-00118, Slip Op. 02-115 (CIT 2002), a lawsuit challenging the Department of Commerce's (``the Department's'') Final Affirmative Countervailing Duty Determination: Certain Cut-to- Length Carbon-Quality Steel Plate from France, 64 FR 73277 (December 29, 1999) (``French Plate''), the Court of International Trade (``CIT'') affirmed the Department's second remand redetermination and entered a judgment order. In this redetermination, the Department reviewed the record evidence regarding the facts and circumstances, including the terms of the sale, of the privatization of Usinor (which owned a majority interest in GTS Industries S.A. (``GTS'') prior to 1996 and a minority interest during the period of investigation (``POI'')), and concluded that no countervailable subsidies were attributable to GTS following the privatization transaction. As a result of the redetermination, the countervailable subsidy rate for the subject merchandise produced and sold by GTS during the POI was reduced from 6.86 percent to 0.00 percent ad valorem. This redetermination was not in harmony with the Department's original final determination in French Plate. Consistent with the decision of the U.S. Court of Appeals for the Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), the Department will continue to order the suspension of liquidation of the subject merchandise until there is a ``conclusive'' decision in this case. If the case is not appealed, or if it is affirmed on appeal, the Department will instruct the U.S. Customs Service to terminate the suspension of liquidation for all entries of certain cut-to-length carbon-quality steel plate from France.
October 30, 2002.
Jesse Cortes, AD/CVD Enforcement Group I, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC 20230; telephone: (202) 482-3986.
Countervailing duties:
Cut-to-length carbon-quality steel plate from
France,
Federal Register
Vol. 67, no. 210
Office of the Federal Register, National Archives and Records Administration
2002-10-30
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270 p.
Table of Contents:
AE 2.7:
GS 4.107:
AE 2.106:
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https://www.govinfo.gov/app/details/FR-2002-10-30
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0042-1219
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000582072
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https://www.govinfo.gov/app/details/FR-2002-10-30
https://www.govinfo.gov/content/pkg/FR-2002-10-30/pdf/FR-2002-10-30.pdf
https://www.govinfo.gov/content/pkg/FR-2002-10-30/xml/FR-2002-10-30.xml
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2010-09-23
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FR-2002-10-30
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