[Federal Register Volume 70, Number 180 (Monday, September 19, 2005)]
[Notices]
[Page 54900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18586]


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DEPARTMENT OF COMMERCE

International Trade Administration

(C-533-063)


Certain Iron-Metal Castings from India: Notice of Amended Final 
Results Pursuant to Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 16, 2005, the United States Court of International 
Trade (CIT) sustained the Department of Commerce's (the Department) 
July 9, 2004, Final Results of Redetermination on Remand Pursuant to 
Kiswok Industries Pvt. Ltd. v. United States, pursuant to Slip Op. 04-
54 (CIT May 20, 2004), (Remand Determination), which pertains to 
Certain Iron-Metal Castings from India: Final Results of Countervailing 
Duty Administrative Review, 65 FR 31515 (May 18, 2000) (Iron-Metal 
Castings). See Kiswok Industries Pvt. Ltd. and Calcutta Ferrous Ltd. v. 
United States, Court No. 00-03-00127, Slip. Op. 05-73 (CIT, June 16, 
2005). Because all litigation in this matter has concluded, the 
Department is issuing amended final results for Iron-Metal Castings in 
accordance with the CIT's decision.

EFFECTIVE DATE: July 20, 2005

FOR FURTHER INFORMATION CONTACT: Robert Copyak, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Ave., N.W., 
Washington, DC 20230; telephone: (202) 482-2209.

SUPPLEMENTARY INFORMATION:

Background

    On May 18, 2000, the Department published its final results of 
administrative review in Iron-Metal Castings. Calcutta Ferrous Ltd. and 
Kiswok Industries Pvt. Ltd. (collectively ``respondents'') challenged 
the Department's final results before the CIT. In the 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 Iron-Metal Castings. 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. Id. at 15-18. The Court also 
disagreed with Commerce's position in Iron-Metal Castings that the 
overdue portion of the loan becomes a new loan with a new applicable 
interest rate. Id. at 17-18.
    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 loans, taking into 
account all of the interest paid thereon. See Remand Determination. The 
Department recalculated the program rate with respect to Calcutta 
Ferrous' export credit loans to be 0.22 percent ad valorem. With this 
change in the program rate, the final rate for Calcutta Ferrous changed 
to 9.25 percent ad valorem. No party submitted comments regarding the 
Department's Remand Determination. On June 16, 2005, the CIT sustained 
the Department's redetermination in all respects and thus affirmed the 
Department's recalculations.
    On July 20, 2005, the Department, consistent with the decision of 
the United States Court of Appeals for the Federal Circuit in Timken 
Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990), notified the 
public that the Kiswok v. United States decision was ``not in harmony'' 
with the Department's original results. See Certain Iron-Metal Castings 
from India: Notice of Court Decision and Suspension of Liquidation, 70 
FR 41687 (July 20, 2005) (Timken Notice). The Timken Notice continued 
the suspension of liquidation, and further informed that if the CIT's 
decision was not appealed, or if appealed and the appeal was upheld, 
the Department would publish amended final countervailing duty results. 
Id.

Amended Final Determination

    Because there is now a final and conclusive decision in the court 
proceeding, we are amending the final results and establishing for 
Calcutta Ferrous the revised countervailing duty rate of 9.25 percent, 
effective as of July 20, 2005, the publication date of the Timken 
Notice. Accordingly, we will instruct the CBP to assess countervailing 
duties at 9.25 percent ad valorem on all shipments of the subject 
merchandise from Calcutta Ferrous Ltd., entered, or withdrawn from 
warehouse, for consumption on or after January 1, 1997, through 
Decemeber 31, 1997.
    This determination is published pursuant to sections 751(3)(c) and 
777(i) of the Act.

    Dated: September 7, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-18586 Filed 9-16-05; 8:45 am]
BILLING CODE 3510-DS-S