69 FR 20600, April 16, 2004

DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-821]

Certain Cut-to-Length Plate From Italy: Notice of Decision of the 
Court of International Trade

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

ACTION: Notice of decision of the Court of International Trade: Certain 
cut-to-length plate from Italy.

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SUMMARY: On March 26, 2004, the United States Court of International 
Trade (CIT) sustained the Department of Commerce's (the Department) 
Redetermination Results in all respects. See ILVA Lamiere e Tubi S.p.A. 
v. United States, Court No. 00-03-00127, Slip. Op. 04-29 (CIT, March 
26, 2004) (``Ilva v. United States''). 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 the 
Ilva v. United States decision along with the CIT's earlier opinions 
and orders in this case, discussed below, were ``not in harmony'' with 
the Department's original results.

EFFECTIVE DATE: April 16, 2004.

FOR FURTHER INFORMATION CONTACT: Margaret Ward, Office of AD/CVD 
Enforcement VI, Group II, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-
4161.

SUPPLEMENTARY INFORMATION:

Background

    On December 29, 1999, the Department of Commerce (``the 
Department'') published a notice of its final determination in the 
countervailing duty investigation in certain cut-to-length carbon 
quality steel plate from Italy. See Final Affirmative Countervailing 
Duty Determination: Certain Cut-to length Carbon Quality Steel Plate 
from Italy, 64 FR 73244 (December 29, 1999) (``Italian Plate''). ILVA 
S.p.A. and ILVA Lamieri e Tubi S.r.l (''Ilva'') challenged this 
determination before the CIT arguing, in relevant part, that the 
Department misapplied its change in ownership methodology. On August 
30, 2000, the CIT granted the Department's request for a voluntary 
remand, and remanded the Italian Plate proceeding to the Department 
with instructions to: ``issue a determination consistent with United 
States law, interpreted pursuant to all relevant authority, including 
the decision of the Court of Appeals for the Federal Circuit in 
Delverde, S.r.l. v. United States, 202 F.3d 1360 (Fed. Cir. 2000).'' 
ILVA v. United States, Remand Order (CIT, August 30, 2000). The 
Department issued its remand results on December 28, 2000. Final 
Results of Redetermination Pursuant to Court Remand: ILVA Lamiere e 
Tubi S.p.A. v. United States Remand Order (CIT, August 30, 2000) 
(December 28, 2000).
    On March 29, 2002, the CIT remanded the Italian Plate proceeding to 
the Department, and ordered the Department to reexamine the facts of 
the proceeding pursuant to its instructions. Ilva v. United States, 
Slip. Op. 02-32 (CIT, March 29, 2002). The Department complied with the 
court's instructions, under protest, and issued its second 
redetermination on July 2, 2002. Results of Redetermination Pursuant to 
Court Remand: ILVA Lamiere e Tubi S.r.L and Ilva S.p.A., Remand Order 
(CIT, March 29, 2002) (July 2, 2002).
    On July 29, 2003, the CIT affirmed the Department's second 
redetermination in part, and reversed it in part. Ilva v. United 
States, Slip. Op. 03-97 (CIT, July 29, 2003). The CIT affirmed the 
Department's application of the court ordered methodology, but remanded 
the proceeding, ordering the Department to resolve one issue, still 
outstanding, pursuant to the CIT's prescribed methodology. The 
Department complied with the court's instructions, under protest, and 
issued its third redetermination on August 28, 2003. Results of 
Redetermination Pursuant to Court Remand: ILVA Lamiere e Tubi S.r.L and 
Ilva S.p.A., Remand Order (CIT, July 29, 2003) (August 28, 2003). On 
March 26, 2004, the CIT sustained the Department's Redetermination 
Results in all respects.

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 which is ``not in harmony'' with the Department's results. 
The CIT's decision in Ilva v. United States was not in harmony with the 
Department's final countervailing duty determination. Therefore, 
publication of this notice fulfills the obligation imposed upon the 
Department by the decision in Timken. In addition, this notice will 
serve to continue the suspension of liquidation. If this decision is 
not appealed, or if appealed, if it is upheld, the Department will 
publish amended final countervailing duty results.

    Dated: April 9, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-8693 Filed 4-15-04; 8:45 am]