Slip Op. 05 - 134
J U D G M E N T
UNITED STATES COURT OF INTERNATIONAL TRADE
Thomas J. Aquilino, Jr., Senior Judge
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ELKEM METALS COMPANY and GLOBE METAL-
LURGICAL INC., :
Plaintiffs, :
Consolidated
v. : Court No. 01-00098
UNITED STATES, :
Defendant. :
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The parties having interposed motions pursuant to USCIT
Rule 56.2 for judgment upon the record compiled by the Interna-
tional Trade Administration, U.S. Department of Commerce ("ITA")
sub nom. Silicon Metal From Brazil; Final Results of Antidumping
Duty Administrative Review and Determination Not To Revoke in Part,
66 Fed.Reg. 11,256 (Feb. 23, 2001); and the court in slip opinion
04-36, 28 CIT (April 15, 2004), having granted the motion of
intervenor-defendant Companhia Brasileira Carbureto de Cálcio
("CBCC") and the motion of Eletrosilex S/A to the extent of remand
to the ITA to impute anew (1) CBCC's home-market credit costs and
(2) Eletrosilex's margin of dumping for the period of review impli-
cated that is in accordance with law and supported by substantial
evidence on the record; and the defendant having filed the ITA's
Final Results of Redetermination Pursuant to Court Remand (July 14,
2004), stating (1) "CBCC's dumping margin for the period of [re-
Consolidated
Court No. 01-00098 Page 2
view] is zero percent" and (2) "Eletrosilex's dumping margin for
th[at] period . . . is 61.58 percent . . . changed from the rate
[93.20%] announced in the . . . final results of the eighth
administrative review" at issue herein; and those Final Results of
Redetermination having pointed out that Eletrosilex offered no
comment to the ITA on its proposed rate change prior to publica-
tion; and the court's slip opinion 04-36 having afforded all of the
parties an opportunity to comment herein on those ITA Final Results
of Redetermination; and no party having done so; and the court
having heretofore awaited the opinions in other actions with
similar or related issue(s) and then taken them into account; Now
therefore, after due deliberation, it is
ORDERED, ADJUDGED and DECREED that the ITA's Final Re-
sults of Redetermination Pursuant to Court Remand (July 14, 2004)
be, and they hereby are, affirmed.
Dated: New York, New York
October 6, 2005
Thomas J. Aquilino, Jr.
Senior Judge