[Federal Register Volume 66, Number 35 (Wednesday, February 21, 2001)]
[Notices]
[Page 10999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4286]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-063]


Certain Iron-Metal Castings From India: Notice of Court Decision

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

ACTION: Notice of court decision.

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SUMMARY: On January 24, 2001, the United States Court of International 
Trade (CIT) affirmed the International Trade Administration's remand 
determination regarding the calculation of subsidies provided under 
section 80HHC of India's Income Tax Act.

EFFECTIVE DATE: February 21, 2001.

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, NW., Washington, DC 20230; telephone: (202) 482-
2786.

SUPPLEMENTARY INFORMATION:

Background

    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 Certain Iron-Metal Castings From India; Final 
Results of Countervailing Duty Administrative Review, 60 Fed. Reg. 
44,849 (Aug. 29, 1995) (the 1990 period of reveiw), the Department 
calculated these subsidies without adjusting for other subsidies 
received under India's International Price Reimbursement Scheme (IPRS) 
and India's Cash Compensatory Support Scheme (CCS). In Crescent Foundry 
Co. Pvt. Ltd., et al. v. United States, Slip Op. 00-148 (CIT Nov. 9, 
2000), the court remanded the final results of the 1990 administrative 
review and directed the Department to recalculate these subsidies by 
subtracting IPRS rebates and CCS rebate from taxable income before 
determining any section 80HHC benefit. The Department's subsequent 
remand determination reflected the Court's instructions and was 
affirmed in Crescent Foundry Co. Pvt. Ltd, et al. v. United States, 
Slip Op. 01-6 (CIT Jan. 24, 2001).
    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 USC section 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 
Crescent Foundry Co. Pvt. Ltd, et al. v. United States, Slip Op. 01-6 
(CIT Jan. 24, 2001), constitutes a decision not in harmony with the 
Department's final affirmative 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: February 13, 2001.
Holly A. Kuga,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 01-4286 Filed 2-20-01; 8:45 am]
BILLING CODE 3510-DS-P