[Federal Register Volume 62, Number 101 (Tuesday, May 27, 1997)]
[Notices]
[Page 28672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13809]


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DEPARTMENT OF COMMERCE

International Trade Administration
[C-533-083]


Notice of Court Decision: Certain Iron Metal Castings From India

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

ACTION: Notice of court decision.

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SUMMARY: On May 7, 1997, the United States Court of International Trade 
(CIT) affirmed the International Trade Administration's remand 
determination regarding the application of Item (d) of the Illustrative 
List of Export Subsidies (Annex I of the Agreement on Subsidies and 
Countervailing Measures) to the Indian Government's International Price 
Reimbursement Scheme.

EFFECTIVE DATE: May 27, 1997.

FOR FURTHER INFORMATION CONTACT:
Rick Herring or Robert Copyak, Office of CVD/AD Enforcement VI, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone (202) 482-2786 or (202) 482-2209.
SUPPLEMENTARY INFORMATION:

Background

    In the 1985 administrative review of Certain Iron-Metal Castings 
From India; Final Results of Countervailing Duty Administrative Review, 
55 FR 50747 (December 10, 1990), the Department had interpreted Item 
(d) of the Illustrative List of Exports Subsidies as requiring that 
under the Indian Government's International Price Reimbursement Scheme 
(IPRS), ocean freight be included in the determination of the 
international price of pig iron. Under the IPRS program, the Indian 
Government rebates to castings exporters the difference between the 
price of domestically-sourced pig iron and the international price. 
However, in Creswell Trading Co. v. United States, Slip Op. 96-137 (CIT 
Aug. 15, 1996), the court again remanded the final results of the 1985 
review and, among other things, directed the Department to exclude 
ocean freight in determining the international price of pig iron. The 
Department's subsequent remand determination reflected the Court's 
instructions and was affirmed in Creswell Trading Co. v. United States, 
Slip Op. 97-54 (CIT May 7, 1997).
    In its decision in Timken Co. v. United States, 893 F.2d 337 (Fed. 
Cir. 1990) (Timken), the United States Court of Appeals for the Federal 
Circuit held that, pursuant to 19 U.S.C. 1516a(e) the Department must 
publish a notice of a court decision which is not ``in harmony'' with a 
Department determination, and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The CIT's opinion in Creswell 
Trading Co. v. United States, Slip Op. 97-54 (CIT May 7, 1997), 
constitutes a decision not in harmony with the Department's final 
results of countervailing duty administrative review. Publication of 
this notice fulfills the Timken requirement.
    Accordingly, the Department will continue to suspend liquidation 
pending the expiration of the period of appeal, or, if appealed, upon a 
``conclusive'' court decision.

    Dated: May 14, 1997.
Jeffrey P. Bialos,
Principal Deputy Assistant Secretary for Import Administration.
[FR Doc. 97-13809 Filed 5-23-97; 8:45 am]
BILLING CODE 3510-DS-M