[Federal Register Volume 64, Number 93 (Friday, May 14, 1999)]
[Notices]
[Pages 26363-26364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12280]
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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 1989 (56 FR 52521). 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, NW Washington, DC 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, 1989 through December 31, 1989. See Final Results
of Countervailing Duty Administrative Review: Certain Iron-Metal
Castings from India, 56 FR 52521. 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
[[Page 26364]]
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 1989 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 1989, 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 Carnation Enterprises P. Ltd., Et. Al., v. United
States, Slip Op. 99-31, Consol. Ct. No., 91-11-00826 (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, 1989,
through December 31, 1989. The amended final countervailing duty rates
are:
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Revised
Manufacturer/exporter rates
(percent)
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Carnation Enterprises Pvt. Ltd............................. 16.10
Uma Iron & Steel Co........................................ 16.22
Govind Steel............................................... 20.36
Tirupati................................................... 20.36
Ragunath Prasad Phoolchand................................. 20.36
All Others................................................. 2.50
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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. 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)).
Dated: May 5, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-12280 Filed 5-13-99; 8:45 am]
BILLING CODE 3510-DS-P