Certain Hot-Rolled Carbon Steel Flat Products From Thailand: Notice of Court Decision and Suspension of Liquidation

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On July 27, 2004, the United States Court of International Trade issued an order to the Department to find that no countervailable subsidies are being provided for the production or exportation of certain hot-rolled carbon steel flat products from Thailand. Specifically, the Court reversed the Department's finding of a countervailable subsidy relating to a duty drawback program. The effect of removing this countervailable subsidy finding is the reduction of the overall countervailable subsidy rate to 1.80 percent ad valorem, which is de minimis for Thailand. Royal Thai Government, et. al., v. United States, Consol. Court No. 02-00026, Slip. Op. 04-91 (CIT 2004) ("Royal Thai"). Consistent with the decision of the United States Court of Appeals for the Federal Circuit in Timken Co. v. United States, 893 F.2nd 337 (Fed. Cir. 1990) ("Timken"), the Department is notifying the public that the Royal Thai decision was "not in harmony" with the Department's final determination.