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CV: Thailand Certain Hot-Rolled Carbon Steel Flat Products

The International Trade Administration (ITA) has published a notice in the Federal Register stating that on July 27, 2004, the Court of International Trade (CIT) ordered the ITA to find that no countervailable subsidies are being provided for the production or exportation of certain hot-rolled carbon steel flat products from Thailand.

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ThailandCertain Hot-Rolled Carbon Steel Flat ProductsC-549-818

Specifically, the CIT reversed the ITA's finding of a countervailable subsidy relating to a duty drawback program. Removing this finding would reduce the overall countervailable subsidy rate to 1.80%, which is de minimis for Thailand.

Suspension of Liquidation to Continue Pending Expiration of Appeal Period, Etc.

The ITA and ITA sources state that the notice serves to continue the suspension of liquidation for new entries pending the expiration of the period to appeal the CIT's July 27, 2004 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 because the CIT issued an injunction for entries in the January 1, 2002 through December 31, 2002 period, it will continue to suspend liquidation for those 2002 entries of hot-rolled steel from Thailand as specified in the injunction. (See ITA notice for details on the injunction.)

ITA to Revoke Order if CIT's Decision is Not Appealed or if Affirmed on Appeal

According to the ITA, it will revoke the countervailing (CV) duty order and issue instructions covering all affected entries if the CIT's decision is not appealed, or if it is affirmed on appeal.

(See ITA notice for more information. See ITT's Online Archives or 10/05/01 and 12/06/01 news, 01100540 and 01120645, for BP summaries of the ITA's final affirmative CV duty determination and issuance of the CV duty order, respectively.)

ITA contact - Dana Mermelstein (202) 482-1391

ITA notice (FR Pub 09/01/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/E4-2012.pdf