MONDAY, JUNE 20, 1994
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SWEATER IMPORTS "NO INJURY" FINDINGS AFFIRMED
A TRADE DEPARTMENT OFFICIAL TODAY (MONDAY) DESCRIBED AS "EXCELLENT NEWS FOR HONG KONG" THE RULING MADE LAST WEEK BY THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT (CAFC) CONCERNING IMPORTS OF MAN-MADE FIBRE SWEATERS FROM HONG KONG.
U.S. THE RULING AFFIRMS THE EARLIER DECISION OF THE
COURT OF INTERNATIONAL TRADE (CIT) TO UPHOLD THE U.S. INTERNATIONAL TRADE COMMISSION : (ITC) DETERMINATION THAT IMPORTS OF MAN-MADE FIBRE SWEATERS FROM HONG KONG, SOUTH KOREA AND TAIWAN
DID NOT INJURE THE U.S. SWEATERS INDUSTRY.
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HONG
"THE RESULT REFLECTS THE CONCERTED EFFORTS MADE BY THE KONG SWEATER INDUSTRY AND THE GOVERNMENT TO DEFEND HONG KONG'S TRADE INTEREST," SAID DEPUTY DIRECTOR-GENERAL OF TRADE, MR THOMAS YIU.
"HOWEVER, IT REMAINS TO BE SEEN IF THE PETITIONER, NATIONAL KNITWEAR AND SPORTSWEAR ASSOCIATION, WILL PURSUE THE CASE FURTHER, FOR EXAMPLE, BY FILING A PETITION URGING THE SUPREME COURT то HEAR THE CASE. SUCH A MOVE MAY DELAY THE ENFORCEMENT OF THE CAFC RULING, HE SAID.
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MR YIU SAID SHOULD THE ASSOCIATION DECIDE NOT TO PURSUE OF THROUGH LEGAL ACTION, THE CAFC RULING WOULD LEAD TO THE REVOCATION THE ANTI-DUMPING DUTY ORDER, WHICH HAD BEEN IN PLACE SINCE 1990.
"THE TRADE DEPARTMENT WILL CONTINUE TO MONITOR DEVELOPMENTS AND WORK CLOSELY WITH THE INDUSTRY," HE SAID.
IN SEPTEMBER 1990, BASED ON AN ITC FINDING DOMESTIC INDUSTRY WAS INJURED BY DUMPED IMPORTS, THE OF COMMERCE ISSUED AN ANTI-DUMPING DUTY ORDER IMPORTERS OF MAN-MADE FIBRE SWEATERS FROM HONG ANTI-DUMPING DUTY AT A RATE OF 5.86 PER CENT.
THAT THE U.S. U.S. DEPARTMENT REQUIRING U.S. KONG TO PAY
IN JULY 1992, THE CIT HANDED DOWN A RULING ON THE CONSOLIDATED APPEALS BROUGHT BY HONG KONG, TAIWAN AND SOUTH KOREA COMPANIES THAT THE ITC INJURY DETERMINATION WAS "NOT SUPPORTED BY SUBSTANTIAL EVIDENCE OR OTHERWISE NOT IN ACCORDANCE WITH LAW".
THE ITC WAS MANDATED ΤΟ REVIEW THE INJURY DETERMINATION. SUBSEQUENTLY, IT REPORTED A "NO INJURY" DETERMINATION TO CIT IN NOVEMBER 1992. CIT UPHELD THIS "NO INJURY" DETERMINATION IN AUGUST 1993.
NATIONAL KNITWEAR AND SPORTSWEAR ASSOCIATION FILED AN APPEAL AGAINST THE CIT DECISION WITH CAFC IN OCTOBER 1993. THE CAFC CIT'S DECISION ON JUNE 15 THIS YEAR.
AFFIRMED
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