[Federal Register Volume 64, Number 93 (Friday, May 14, 1999)]
[Notices]
[Page 26363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12279]



[[Page 26363]]

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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 October 21, 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 1988 (56 FR 52515). 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 14, 1999.

FOR FURTHER INFORMATION CONTACT: Robert Copyak, Office of AD/CVD 
Enforcement VI, 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 October 21, 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, 1988 through December 31, 1988. See Final Results 
of Countervailing Duty Administrative Review: Certain Iron-Metal 
Castings from India, 56 FR 52515. 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 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, the amounts of these rebates were calculated to 
equal the differences between the higher domestic prices actually paid 
and 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 1988 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 1988, 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 
April 1, 1999, the CIT approved the settlement agreement and dismissed 
the lawsuit. See Uma Iron & Steel Co. v. United States, Slip. Op. 99-
30, Consol. Ct. No., 91-11-00825 (CIT Apr. 1, 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, 1988, 
through December 31, 1988. The amended final countervailing duty rates 
are:

------------------------------------------------------------------------
                                                               Revised
                   Manufacturer/exporter                        rates
                                                              (percent)
------------------------------------------------------------------------
Uma Iron & Steel Co........................................        10.03
Govind Steel...............................................        14.08
All Others.................................................         4.10
------------------------------------------------------------------------

    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, which will continue to be based on the rates found to exist in 
the most recently completed review.
    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)).

    Date: May 5, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-12279 Filed 5-13-99; 8:45 am]
BILLING CODE 3510-DS-P