Silicon Metal from Brazil: Notice of Court Decision Not in Harmony

Résumé

On October 6, 2005, in Elkem Metals Company and Globe Metallurgical Inc., v. United States, Slip Op. 05-134, the Court of International Trade (CIT) affirmed the Final Results of Redetermination Pursuant to Court Remand (Remand Redetermination) issued by the Department of Commerce (the Department) on July 14, 2004. Consistent with the decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), the Department will continue to order the suspension of liquidation of the subject merchandise, where appropriate, until there is a "conclusive" decision in this case. If the case is not appealed, or if it is affirmed on appeal, the Department will instruct U.S. Customs and Border Protection (CBP) to liquidate all relevant entries from Compania Brasilieira Carbureto De Calcio (CBCC) and Electrosilex, S.A. (Electrosilex), as appropriate.