Certain Color Television Receivers from China. Investigation No. 731-TA-1034 (Final) (Remand)

摘要

In May 2004, the Commission unanimously determined that an industry in the United States was materially injured by reason of imports from China of certain color television receivers (CTVs) that the Department of Commerce found were sold at less than fair value (LTFV). Sichuan Changhong Electric Co. (Changhong), an exporter of subject merchandise, subsequently initiated an action before the U.S. Court of International Trade (CIT) challenging the Commissions determination. In issuing its opinion in this matter on November 15, 2006, the CIT rejected all arguments asserted by plaintiff Changhong. The CIT, however, remanded the matter to the Commission for explanation and possible modification concerning the specific causation determination requirements recently imposed by the U.S. Court of Appeals for the Federal Circuit in Bratsk Aluminum Smelter v. United States and Caribbean Ispat, Ltd. v. United States. On December 20, 2006, the Commission published notice of institution of remand proceedings in the Federal Register. In the notice, the Commission stated that it was not reopening the record for submission of new factual information. It did, however, invite the parties to file comments pertaining to the inquiries that are the subject of the CITs remand instructions. Petitioners, which are a U.S. producer of CTVs and two labor unions, were the only party to file comments with the Commission. We again determine that the domestic industry producing CTVs is materially injured by reason of LTFV imports from China.