[Federal Register Volume 59, Number 214 (Monday, November 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27433]
[[Page Unknown]]
[Federal Register: November 7, 1994]
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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.
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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