Silicon Metal from Brazil: Notice of Court Decision and Suspension of Liquidation

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On August 26, 2005, in Elkem Metals Company and Globe Metallurgical Inc. v. United States, Slip Op. 05-109 (Elkem Metals III), the Court of International Trade (CIT) affirmed the Final Results of Redetermination Pursuant to Remand (Remand Results II) released by the Department of Commerce (the Department), on March 16, 2005. 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 Rima Industrial, S.A. (Rima), as appropriate.