CV: Italy Certain Stainless Steel Wire Rod
The International Trade Administration (ITA) has published a notice in the Federal Register stating that on March 9, 2005 the Court of International Trade (CIT) affirmed the ITA's final results of redetermination on remand (remand results) with respect to certain stainless steel wire rod from Italy.
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| Notice of Court of International Trade Decision |
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(The CIT issued this ruling with respect to ALTech Specialty Steel Corp., Carpenter Technology Corp., Republic Engineered Steels, Talley Metals Technology, Inc. and United Steel Workers of America, AFL-CIO/CLC v. United States and Acciaierie Valbruna S.r.l and Acciaierie Di Bolzano S.p.A v. United States (Slip Op. 05-30), lawsuits challenging the ITA's final determination in the original CV duty investigation of subject merchandise from Italy.)
In its remand results, the ITA determined, among other things, that a two-year lease abatement was a bargained for exchange and did not constitute a CV subsidy for Acciaierie Valbruna S.r.l. (Valbruna).
Court Decision Would Revise CV Duty Rate for Two Companies
The ITA states that the effect of this finding is the reduction of the net CV subsidy rate for Valbruna and for Acciaierie Di Bolzano S.p.A (Bolzano) from 1.28% to a de minimis level of 0.65% (In the original CV duty investigation, the ITA calculated an identical subsidy rate for both companies1).
Revised Rates, Liquidation, Etc. Not in Effect Until "Conclusive" Court Decision
The ITA states that it must continue to suspend liquidation of subject merchandise from Valbruna/Bolzano pending the expiration of the period to appeal the CIT's March 9, 2005 decision or, if that decision is appealed, pending a final decision by the Court of Appeals for the Federal Circuit (CAFC).
The ITA also states that in the event that CIT's ruling is not appealed, or if it is appealed and upheld by the CAFC, U.S. Customs and Border Protection (CBP) will be instructed to liquidate relevant entries covering the subject merchandise effective March 29, 2005.
1 Valbruna and Bolzano merged effective January 1, 2000. (See ITT's Online Archives or 10/25/02 news, 02102540, for information on name changes and liquidation instructions that resulted from this merger.)
(See ITA notice for more information. See ITT's Online Archives or 07/19/04 news, 04071950, for BP summary of the ITA's revocation of this CV duty order effective September 15, 2003. According to ITA sources, the revocation of this order does not affect the CIT litigation with regard to Valbruna/Bolzano, which concerns certain entries made prior to January 1, 2000. )
ITA Contact - Darla Brown (202) 482-2786
ITA notice (FR Pub 03/29/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-1386.pdf