Pure Magnesium From Ukraine: Notice of Court Decision and Suspension of Liquidation

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On October 20, 1998, in Gerald Metals, Inc. v. United States, Court No. 95-06-00782, Slip Op. 98-148 (CIT), a lawsuit challenging the final affirmative determination of the U.S. International Trade Commission (the ``Commission'') that less-than-fair-value (``LTFV'') imports of pure magnesium from Ukraine were causing material injury to the domestic industry, the U.S. Court of International Trade (``CIT'') affirmed the Commission's remand determination, which found no material injury as well as no threat to material injury, and entered a judgment order dismissing the case. The issue of material retardation of the establishment of a U.S. industry was never raised before the Commission. Consistent with the decision of the U.S. Court of Appeals for the Federal Circuit (``Federal Circuit'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), the U.S. Department of Commerce (the ``Department'') will continue to order the suspension of liquidation of the subject merchandise 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 revoke the antidumping order covering the subject merchand