Import investigations: Vector supercomputers from Japan,
[Federal Register: January 25, 1999 (Volume 64, Number 15)]
[Notices]
[Page 3717-3718]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja99-84]
INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-750 (Final) (Remand)]
Vector Supercomputers From Japan; Notice and Scheduling of Remand Proceedings
AGENCY: United States International Trade Commission.
ACTION: Notice.
SUMMARY: The U.S. International Trade Commission (the Commission) hereby gives notice of the court-ordered remand of its final antidumping investigation No. 731-TA-750 (Final).
EFFECTIVE DATE: January 19, 1999.
FOR FURTHER INFORMATION CONTACT: Valerie Newkirk, Office of Investigations, telephone 202-205-3190 or Cynthia P. Johnson, Office of General Counsel, telephone 202-205-3098, U.S. International Trade Commission. Hearing-impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. General information concerning the Commission may also be obtained by accessing its Internet server (http:// www.usitc.gov).
SUPPLEMENTARY INFORMATION
Background
On December 15, 1998, the United States Court of International Trade (``CIT'') issued a remand Order to the Commission in NEC Corporation and HSNX Supercomputers, Inc., and Fujitsu Limited and Fujitsu America, Inc., v. Department of Commerce & U.S. International Trade Commission, Consol. Ct. No. 97-11-01967, Slip. Op. 98-164. That case involved review of the Commission's October 1997 affirmative determination in Vector Supercomputers from Japan, Inv. No. 731-TA-750 (Final). The CIT held that it could not uphold the Supercomputers determination because the Commission ``may have adopted'' reasoning that ``is contradictory to the `by reason of' standard adopted by the Federal Circuit.'' NEC, Slip Op. 98-164 at 30. In addition, the CIT held that the Commission ``did not apply the analysis mandated by the Federal Circuit'' in examining the price effects of future imports. Id. at 31. Accordingly, the CIT remanded the Commission's threat of material injury determination for further explanation or reconsideration.
Participation in the Proceedings
Only those persons who were parties to the original administrative
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proceedings (i.e., persons listed on the Commission Secretary's service list) may participate in these remand proceedings.
Written Submissions
Briefs should be concise, limited to the issue on remand, and thoroughly referenced to information on the record in the original investigation. This remand investigation is being conducted on the evidentiary record from the original investigation. Therefore, the submission of new factual information is not permitted. Written briefs shall be limited to twenty-five (25) pages, and must be filedno later than close of business on February 4, 1999. No further submissions will be permitted unless otherwise ordered by the Commission.
All written submissions must conform with the provisions of section 201.8 of the Commission's rules; any submissions that contain business proprietary information (BPI) must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. In accordance with sections 201.16(c) and 207.3 of the rules, each document filedby a party to the investigation must be served on all other parties to the investigation (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service.
Authority: This action is taken under the authority of the Tariff Act of 1930, title VII.
Issued: January 20, 1999.
By order of the Commission. Donna R. Koehnke, Secretary.
[FR Doc. 99-1636Filed1-22-99; 8:45 am]
BILLING CODE 7020-02-P
