[Federal Register Volume 67, Number 95 (Thursday, May 16, 2002)]
[Notices]
[Page 34903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12291]


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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 December 6, 1996, 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 1992 (61 FR 64687). 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 December 6, 1996, 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, 1992 through December 31, 1992. See Final Results 
of Countervailing Duty Administrative Review: Certain Iron-Metal 
Castings from India, 61 FR 64687 (1992 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 1992 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 1992 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 1992, 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 8, 2002, the CIT approved the settlement agreement and dismissed 
the lawsuit. See Calcutta Ferrous v. United States, Consol. Ct. No., 
97-01-00004 (CIT Mar. 8, 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, 1992, 
through December 31, 1992. The amended final countervailing duty rates 
are:

------------------------------------------------------------------------
                Manufacturer/Exporter                    Revised Rates
------------------------------------------------------------------------
Carnation Enterprises Pvt. Ltd.......................         de minimis
Dinesh...............................................         de minimis
Kajaria Iron Castings................................             12.36%
All Others...........................................              4.18%
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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. 02-12291 Filed 5-15-02; 8:45 am]
BILLING CODE 3510-DS-S