Silicon Metal From the People's Republic of China: Notice of Amended Final Results of New Shipper Reviews Pursuant to Court Decision

Resumo

On May 5, 2009, the Court of International Trade ("CIT") affirmed the Department's remand determination issued pursuant to the Court's remand order in Globe Metallurgical, Inc. v. United States, Court No. 07-00386, Slip Op. 08-105 (CIT October 1, 2008) ("Remand Order"), which concerned the Department of Commerce's ("the Department") determination of the appropriate surrogate value for silica fume in Silicon Metal From the People's Republic of China: Notice of Final Results of 2005/2006 New Shipper Reviews, 72 FR 58,641 (October 16, 2007) ("Final Results") and accompanying Issues and Decision Memorandum. See Globe Metallurgical, Inc. v. United States, Court No. 07-00386, Slip Op. 09-137 (CIT May 5, 2009) ("May 5th Order"). On February 23, 2010, the Court of Appeals for the Federal Circuit ("CAFC") dismissed the appeal of Globe Metallurgical, Inc. v. United States, Court No. 2009-1436 ("Dismissal Order"). As explained below, in accordance with the CIT's May 5th Order and the CAFC's Dismissal Order, the Department is amending the Final Results of the new shipper reviews to apply the recalculated surrogate value for the by-product silica fume in the Department's normal value calculatio