HEVEAFIL SDN. BHD., and FILATI LASTEX SDN. BHD. v. UNITED STATES
Slip Op. 01-22 (CIT February 27, 2001)
FINAL RESULTS OF REDETERMINATION PURSUANT TO COURT REMAND
The Department of Commerce has prepared these final results of redetermination pursuant to the remand order of the U.S. Court of International Trade in Heveafil Sdn. Bhd. and Filati Lastex Sdn. Bhd. v. United States, Slip Op. 01-22 (CIT February 27, 2001). In accordance with the Court's instructions, we have annulled all findings and conclusions made pursuant to our duty-absorption inquiry conducted for the subject review with respect to Heveafil Sdn. Bhd. and Filati Lastex Sdn. Bhd.
On February 27, 2001, the U.S. Court of International Trade (the Court) issued its ruling in Heveafil Sdn. Bhd. and Filati Lastex Sdn. Bhd. v. United States, Slip Op. 01-22 (CIT February 27, 2001), remanding to the Department of Commerce (the Department) the final results in Extruded Rubber Thread from Malaysia; Final Results of Antidumping Duty Administrative Review, 63 FR 312752 (March 16, 1998) (Thread Final Results). The issue presented in Thread Final Results was whether section 751(a)(4) of the Tariff Act of 1930, as amended, authorizes the Department to conduct a duty-absorption inquiry for the antidumping duty order in question since the order predates the effective date of the Uruguay Round Agreements Act. Citing its decision in SKF USA Inc. v. United States, Slip Op. 00-28 (CIT March 22, 2000) (SKF), the Court found that the Department lacked statutory authority to conduct such an inquiry and, therefore, declined to address the Department's methodology for determining duty absorption. It remanded the case to the Department to annul all findings and conclusions made pursuant to the duty-absorption inquiry conducted for Thread Final Results for Heveafil Sdn. Bhd. (Heveafil) and Filati Lastex Sdn. Bhd. (Filati).
On April 14, 2000, the Department presented a motion to the CIT to modify its ruling in SKF on the ground that the CIT had erred as a matter of law. See Defendant's Motion for Rehearing and Modification of the CIT's Decision, Slip Op. 00-28, and accompanying Order of March 22, 2000, filed in Court No. 99-08-00473 (CIT April 14, 2000). That motion in the related proceeding set forth the Department's position on the matter. As such, there is no need to repeat it here.
FINAL RESULTS OF REDETERMINATION
The Department hereby complies with the remand order as directed by the Court with respect to Heveafil and Filati and annuls all findings and conclusions made pursuant to its duty-absorption inquiry conducted in the subject review with respect to these companies. Upon a final and conclusive court decision affirming our remand determination, we will publish an amended final results of review to that effect. This change has no effect on Heveafil's and Filati's weighted-average margins or duty-assessment rates.
Timothy J. Hauser
Acting Under Secretary
for International Trade