[Federal Register Volume 70, Number 138 (Wednesday, July 20, 2005)]
[Notices]
[Pages 41687-41688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3868]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-063]


Certain Iron Metal Castings from India: Notice of Court Decision 
and Suspension of Liquidation

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 16, 2005, in Kiswok Industries Pvt. Ltd. and Calcutta 
Ferrous Ltd. v. United States, Slip Op. 05-73, the Court of 
International Trade (CIT) affirmed the Department of Commerce (the 
Department) Final Results of Redetermination on Remand dated July 9, 
2004. Consistent with the decision of the U.S. Court of Appeals for the 
Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 
(Fed. Cir. 1990) (Timken), the Department will continue to order the 
suspension of liquidation of the subject merchandise, where 
appropriate, until there is a ``conclusive'' decision in this case. If 
the case is not appealed, or if it is affirmed on appeal, the 
Department will instruct U.S. Customs and Border Protection (CBP) to 
liquidate all relevant entries from Calcutta Ferrous Ltd.

EFFECTIVE DATE: July 20, 2005.

FOR FURTHER INFORMATION CONTACT: Robert Copyak at (202) 482-2209, AD/
CVD Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, Room 4012, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    Following publication of Certain Iron-Metal Castings from India: 
Final Results of Countervailing Duty Administrative Review, 65 FR 31515 
(May 18, 2000) (Final Results), Calcutta Ferrous Ltd. and Kiswok 
Industries Pvt. Ltd. (collectively respondents) challenged the 
Department's Final Results before the CIT.
    In the underlying administrative review, Calcutta Ferrous Ltd. 
argued that ``in calculating the benefits received by castings 
exporters from export loans, Commerce failed to take into account 
penalty interest paid at interest rates higher than the benchmark.'' 
See Comment 7 of the May 18, 2000, Issues and Decision Memorandum that 
accompanied the Final Results. In Kiswok Industries Pvt. Ltd. and 
Calcutta Ferrous Ltd. v. United States, Slip Op. 04-54 (CIT May 20, 
2004) (Kiswok v. United States), the Court concurred with Calcutta 
Ferrous Ltd.'s position. In Kiswok v. United States, the Court also 
disagreed with the Department's position in the Final Results that 
overdue parts of a loan become a new loan with a new applicable 
interest rate.
    In light of the Court's instructions in Kiswok v. United States, 
the Department, in its redetermination, recalculated the benefit 
Calcutta Ferrous Ltd. realized from its preferential loan(s), taking 
into account all of the interest paid thereon. See Final Results of 
Redetermination on Remand

[[Page 41688]]

Pursuant to Kiswok Industries Pvt. Ltd. v. United States, Slip Op. 04-
54 (CIT May 20, 2004) (Remand Determination). No party submitted 
comments regarding the Department's Remand Determination.
    On June 16, 2005, the CIT affirmed the Department's findings in the 
Remand Determination. See Kiswok Industries Pvt. Ltd. and Calcutta 
Ferrous Ltd. v. United States, Slip Op. 05-73 (CIT June 16, 2005).

Suspension of Liquidation

    The CAFC, in Timken, held that the Department must publish notice 
of a decision of the CIT or the CAFC which is not ``in harmony'' with 
the Department's final determination or results. Publication of this 
notice fulfills that obligation. The CAFC also held that the Department 
must suspend liquidation of the subject merchandise until there is a 
``conclusive'' decision in the case. Therefore, pursuant to Timken, the 
Department must continue to suspend liquidation pending the expiration 
of the period to appeal the CIT's June 16, 2005, decision or, if that 
decision is appealed, pending a final decision by the CAFC. The 
Department will publish an amended final results and liquidate relevant 
entries covering the subject merchandise, in the event that the CIT's 
ruling is not appealed, or if it is appealed and upheld by the CAFC.

    Dated: July 13, 2005.
Susan H. Kuhbach,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-3868 Filed 7-19-05; 8:45 am]
BILLING CODE 3510-DS-S