Elkem Metals Co. v. United States, No. 02-00232 (Ct. Int'l Trade 2005)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on December 9, 2003.
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Slip Op. 05-109 UNITED STATES COURT OF INTERNATIONAL TRADE BEFORE: SENIOR JUDGE NICHOLAS TSOUCALAS ________________________________________ : : : : Plaintiffs, : : v. : : UNITED STATES, : : Defendant, : : and : : RIMA INDUSTRIAL S/A, : : Defendant-Intervenor. : ________________________________________: ELKEM METALS COMPANY and GLOBE METALLURGICAL INC., Court No. 02-00232 JUDGMENT In Elkem Metals Co. v. United States, 28 CIT ___, 350 F. Supp. 2d 1270 (2004), the Court remanded this matter to the United States Department of Commerce ( Commerce ) with instructions to include the value added tax ( VAT ), paid by Rima Industrial S/A ( Rima ) upon certain production inputs, in the recalculation of constructed value ( CV ) and make all necessary adjustments to the antidumping duty margin. See id. at ___, 350 F. Supp. 2d at 1276. On March 16, 2005, Commerce filed its Final Results of Redetermination Pursuant to Court Remand ( Remand Results ). For its Remand Results, Commerce recalculated Rima s CV to include the VAT paid by Rima on material inputs as supported by record evidence. Accordingly, Commerce recalculated Rima s antidumping duty margin to reflect the inclusion of the VAT Rima paid. See Remand Results. Rima s recalculated antidumping duty margin for the period July 1, 1999, through June 30, 2000, was 0.48 percent. See id. This Court, having received and reviewed Commerce s Remand Results, comments of Plaintiffs, and comments of DefendantIntervenors, holds that Commerce duly complied with the Court s remand order and it is hereby Court No. 02-00232 Page 2 ORDERED that Commerce s Remand Results are reasonable, supported by substantial evidence, and otherwise in accordance with law; and it is further ORDERED that the Remand Results filed by Commerce on March 16, 2005, are affirmed in their entirety; and it is further ORDERED that since all other issues have been decided, this case is dismissed. /s/ Nicholas Tsoucalas NICHOLAS TSOUCALAS SENIOR JUDGE Dated: August 26, 2005 New York, New York
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