[Federal Register Volume 60, Number 108 (Tuesday, June 6, 1995)]
[Notices]
[Page 29823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13824]



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DEPARTMENT OF COMMERCE

Determination Not To Revoke an Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Determination not to revoke an antidumping duty order.

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SUMMARY: The Department of Commerce is notifying the public of its 
determination not to revoke the antidumping duty order listed below.

EFFECTIVE DATE: June 6, 1995.

FOR FURTHER INFORMATION CONTACT: Michael Panfeld or the analyst listed 
under Antidumping Proceeding at: Office of Antidumping Compliance, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street & Constitution Avenue, N.W., 
Washington, D.C. 20230, telephone (202) 482-4737.

SUPPLEMENTARY INFORMATION: The Department of Commerce (the Department) 
may revoke an antidumping duty order or finding or terminate a 
suspended investigation, pursuant to 19 CFR 353.25(d)(4)(iii), if no 
interested party has requested an administrative review for four 
consecutive annual anniversary months and no domestic interested party 
objects to the revocation or requests an administrative review.
    We had not received a request to conduct an administrative review 
for the most recent four consecutive annual anniversary months. 
Therefore, pursuant to Sec. 353.25(d)(4)(i) of the Department's 
regulations, on May 4, 1994, we published in the Federal Register a 
notice of intent to revoke the antidumping duty order on electrolytic 
manganese dioxide from Greece and served written notice of the intent 
to each domestic interested party on the Department's service list. 
Within the specified time frame, we received objections from domestic 
interested parties to our intent to revoke this antidumping duty order. 
Therefore, because domestic interested parties objected to our intent 
to revoke, we no longer intend to revoke this antidumping duty order.
    Respondents in electrolytic manganese dioxide from Greece have 
requested that the Department revoke the antidumping duty order in this 
case in accordance with the Court of International Trade's (CIT) 
holding in Kemira Fibres Oy v. United States, 861 F. Supp. 144 (Ct. 
Int'l Trade 1994). The CIT held that, pursuant to 19 CFR 
353.25(d)(4)(iii), if no interested party objects to the Department's 
notice of intent to revoke by the last day of the fifth anniversary 
month of the order, then the Department must revoke the order, 
regardless of the time limit for objections specified by the Department 
in its notice of intent to revoke. The anniversary month for the 
antidumping duty order on electrolytic manganese dioxide from Greece is 
April. On May 4, 1994, the Department published its notice of intent to 
revoke the order on electrolytic manganese dioxide from Greece, and 
provided interested parties 30 days from the date of the notice within 
which to file objections. Interested parties objected to the 
Department's notice on June 2, 1994.
    Because no interested party objected to the Department's notice of 
intent to revoke by the last day of the fifth anniversary month of the 
above-referenced antidumping duty order, respondents request that the 
Department revoke the order in accordance with Kemira Fibres Oy.
    The Department respectfully disagrees with the holding of Kemira 
Fibres Oy, and has appealed the decision to the U.S. Court of Appeals 
for the Federal Circuit (Federal Circuit). On appeal, the Department 
argued to the Federal Circuit that 19 CFR 353.25(d) requires issuance 
of the notice of intent to revoke as a prerequisite to revocation of an 
antidumping duty order. The Department further argued that the time 
limits specified in 19 CFR 353.25(d)(4) are provided as a guide for the 
Department, and, therefore, any belated issuance of the notice of 
intent to revoke does not limit the Department's authority to honor an 
objection to revocation. Therefore, pending the outcome of the Federal 
Circuit's decision in this case, the Department will continue to 
maintain this order for which an objection was made within the time 
limit specified by the Department in its notice of intent to revoke.

    Dated: May 30, 1995.
Joseph A. Spetrini,
Deputy Assistant Secretary for Compliance.
[FR Doc. 95-13824 Filed 6-5-95; 8:45 am]
BILLING CODE 3510-DS-P