[Federal Register Volume 65, Number 24 (Friday, February 4, 2000)]
[Notices]
[Page 5612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2579]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-063]


Certain Iron-Metal Castings From India: Amended Final Results of 
Countervailing Duty Administrative Review Pursuant to Settlement

AGENCY:  Import Administration, International Trade Administration, 
Department of Commerce.

ACTION:  Notice of amendment to final results of countervailing duty 
administrative review.

-----------------------------------------------------------------------

SUMMARY:  On August 22, 1991, the Department of Commerce (``the 
Department'') published in the Federal Register its final results of 
administrative review of the countervailing duty order on certain iron-
metal castings from India for the period 1987 (56 FR 41658). Pursuant 
to a settlement agreement, the Department has recalculated the 
countervailing duty rates. The final countervailing duty rates for this 
review period are listed below in the Final Results of Review section 
of this notice.

EFFECTIVE DATE:  February 4, 2000.

FOR FURTHER INFORMATION CONTACT:  Robert Copyak, Office 6, Group II, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW 
Washington, DC 20230; telephone: (202) 482-2786.

SUPPLEMENTARY INFORMATION:  On August 22, 1991, the Department 
published the final results of its administrative review of the 
countervailing duty order on certain iron-metal castings from India for 
the period January 1, 1987 through December 31, 1987. See Final Results 
of Countervailing Duty Administrative Review: Certain Iron-Metal 
Castings from India, 56 FR 41658. Subsequently, respondents challenged 
the final results before the Court of International Trade (CIT). The 
primary issue involved the calculation of the program rates for the 
subsidies provided under India's International Price Reimbursement 
Scheme (IPRS). The IPRS is a program through which the Government of 
India (GOI) provided rebates to castings exporters that purchased 
domestically-produced pig iron at prices set by the GOI. According to 
the GOI, these rebates were calculated to equal the differences between 
the higher domestic prices actually paid and the lower alternative 
prices available from sources outside of India.
    As the IPRS was also the subject of litigation for the review 
period 1985 in Creswell v. United States, Consolidated Court No. 91-01-
00012 (Creswell), litigation for the review period 1987 was stayed 
pending finalization of Creswell. After the CIT affirmed the 
Department's remand determination for the 1985 administrative review 
(see Creswell, slip op. 98-139 (CIT Sept. 29, 1998)), the Department 
published a notice of amended final results in accordance with that 
opinion. See Certain Iron-metal Castings from India: Amended Final 
Results of Countervailing Duty Administrative Review In Accordance With 
Decision Upon Remand, 63 FR 67858 (December 9, 1998). In lieu of 
pursuing further litigation with respect to the administrative review 
of the review period 1987, the parties have entered into a settlement 
agreement. The parties agreed to countervailing duty rates that were 
calculated based on the methodology approved by the CIT in Creswell. On 
December 10, 1999, the CIT approved the settlement agreement and 
dismissed the lawsuit. See Super Castings, v. United States, Slip Op. 
99-131, Consol. Ct. No. 91-09-00659 (CIT December 10, 1999).

Final Results of Review

    Pursuant to the settlement agreement, we recalculated the company-
specific and all-other subsidy rates for the period January 1, 1987, 
through December 31, 1987. The amended final countervailing duty rates 
are:

------------------------------------------------------------------------
                                                                Revised
                    Manufacturer/exporter                      rates (%)
------------------------------------------------------------------------
Crescent Foundry Co. Pvt. Ltd...............................        8.25
Kejriwal Iron & Steel Works.................................        7.18
RSI India Pvt. Ltd..........................................        9.42
Uma Iron & Steel Co.........................................        7.56
Super Castings (India)......................................       37.96
Select Steel................................................       37.17
Commex......................................................       24.39
All Others..................................................       18.62
------------------------------------------------------------------------

    The Department will instruct the U.S. Customs Service (Customs) to 
assess countervailing duties on all appropriate entries. The Department 
will issue liquidation instructions directly to Customs. The above 
rates will not affect the cash deposit requirements currently in 
effect.
    This amendment to the final results of countervailing duty 
administrative review notice is in accordance with section 751(a)(1) of 
the Tariff Act, as amended (19 U.S.C. 1675(a)(1)), 19 CFR 351.213, and 
19 CFR 351.221(b)(5).

    Dated: January 24, 2000.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 00-2579 Filed 2-3-00; 8:45 am]
BILLING CODE 3510-DS-P