Certain Stainless Steel Plate from Belgium, Canada, Italy, Korea, South Africa, and Taiwan. Investigations Nos. 701-TA-376, 377, and 379 (Final) and 731-TA-788-793 (Final) (Remand). Views of the Commission

摘要

In May 1999, the Commission determined, by a four-to-two vote, that an industry producing certain cold-rolled stainless steel plate in coils in the United States was not materially injured or threatened with material injury by reason of imports of cold-rolled stainless steel plate in coils from Belgium and Canada. By the same vote the Commission determined that the volume of subject imports of cold-rolled stainless steel plate from Italy, Korea, South Africa and Taiwan were negligible. On August 28, 2000, the United States Court of International Trade (CIT) affirmed the determinations as being in accordance with law and supported by substantial evidence. On April 19, 2002, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) vacated the lower court ruling, finding that the Commissions negative determination regarding volume and impact analysis with respect to cold-rolled stainless steel plate was not in accordance with law and that its pricing analysis for cold-rolled plate was unsupported by substantial evidence. On June 18, 2002, Judge Evan J. Wallach of the CIT remanded the Commissions final negative determination on cold-rolled stainless steel plate in coils from Belgium, Canada, Italy, Korea, South Africa and Taiwan pursuant to the decision of the Federal Circuit. On remand, the Commission determines that an industry in the United States is materially injured by reason of imports of certain stainless steel plate from Belgium, Canada, Italy, Korea, South Africa, and Taiwan that the U.S. Department of Commerce determined were sold in the United States at less than fair value, and the subject imports from Belgium, Italy, and South Africa that the U.S. Department of Commerce determined were subsidized.