[Federal Register: May 16, 2002 (Volume 67, Number 95)]
[Page 34904-34905]
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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.
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SUMMARY: On June 13, 1997, 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 1994 ( 62 FR 32297). 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: May 16, 2002.
FOR FURTHER INFORMATION CONTACT: Robert Copyak, Office of AD/CVD
Enforcement VI, Group II, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W. Washington, D.C. 20230; telephone: (202) 482-
2786.
SUPPLEMENTARY INFORMATION: On June 13, 1997, 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, 1994 through December 31, 1994. See Final Results of
Countervailing Duty Administrative Review: Certain Iron-Metal Castings
from India, 62 FR 32297 (1994 Iron-metal Castings). Subsequently,
respondents challenged the final results before the Court of
International Trade (CIT). The primary complaint of their challenge
involved the calculation of the program rates for the subsidies
provided under section 80 HHC of India's Income Tax Act.
Under section 80HHC of India's Income Tax Act, exporters of iron-
metal castings are eligible to claim tax exemptions based on their
export profits. In 1994 Iron-Metal Castings, the Department calculated
these subsidies without adjusting for other subsidies received under
India's International Price Reimbursement Scheme (IPRS). As section
80HHC was also the subject of litigation for the review period 1991 in
Kajaria Iron Casting Pvt. v. United States, Consolidated Court No. 95-
09-01240 (Kajaria), litigation for the review period 1994 was stayed
pending finalization of Kajaria. After the CIT affirmed the
Department's remand determination for the 1991 administrative review
(see Kajaria, slip op. 2001-5 (CIT Jan. 24, 2001), 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 (66 FR 24115 May 11, 2001). In lieu of pursuing
further litigation with respect to the administrative review of the
review period 1994, 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 Kajaria. On
March 7, 2002, the CIT approved the settlement agreement and dismissed
the lawsuit. See Shree Rama v. United States, Consol. Ct. No., 97-07-
01099 (CIT Mar. 7, 2002)(Order of Dismissal).
Final Results of Review
Pursuant to the settlement agreement, we recalculated the company-
specific and all-other subsidy rates for the period January 1, 1994,
through December 31, 1994. The amended final countervailing duty rates
are:
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Manufacturer/Exporter Revised Rates
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Calcutta Ferrous..................................... 3.21%
[[Page 34905]]
Carnation Enterprises Pvt. Ltd....................... de minimis
Commex Corporation................................... 1.42%
Crescent Enterprise Pvt. Ltd......................... 7.22%
Dinesh............................................... 5.85%
Kajaria.............................................. 12.82%
Kejriwal Iron & Steel Works.......................... 10.20%
Nandikeshwari........................................ 3.12%
R.B. Agarwalla....................................... 1.47%
RSI.................................................. 3.95%
Serampore............................................ 7.37%
Shree Rama Enterprise................................ 8.75%
Siko Exports......................................... 4.20%
Super Iron Foundry................................... de minimis
Victory Castings Ltd................................. 2.10%
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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.
This amendment to the final results of countervailing duty
administrative review notice is in accordance with sections 751(a)(1)
and 777(i) of the Tariff Act, as amended, (19 U.S.C. 1675(a)(1) and
1677f(i)), and 19 CFR 351.221(b)(5).
Dated: May 7, 2002
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-12293 Filed 5-15-02; 8:45 am]
BILLING CODE 3510-DS-S