Notice of Court Decision: Certain Iron Metal Castings From India

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-083]

Notice of Court Decision: Certain Iron Metal Castings From India

AGENCY: International Trade Administration/Import Administration,

Department of Commerce.

ACTION: Notice of court decision.

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SUMMARY: On May 7, 1997, the United States Court of International Trade

(CIT) affirmed the International Trade Administration's remand

determination regarding the application of Item (d) of the Illustrative

List of Export Subsidies (Annex I of the Agreement on Subsidies and

Countervailing Measures) to the Indian Government's International Price

Reimbursement Scheme.

EFFECTIVE DATE: May 27, 1997.

FOR FURTHER INFORMATION CONTACT:

Rick Herring or Robert Copyak, Office of CVD/AD 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 or (202) 482-2209.

SUPPLEMENTARY INFORMATION:

Background

In the 1985 administrative review of Certain Iron-Metal Castings

From India; Final Results of Countervailing Duty Administrative Review,

55 FR 50747 (December 10, 1990), the Department had interpreted Item

(d) of the Illustrative List of Exports Subsidies as requiring that

under the Indian Government's International Price Reimbursement Scheme

(IPRS), ocean freight be included in the determination of the

international price of pig iron. Under the IPRS program, the Indian

Government rebates to castings exporters the difference between the

price of domestically-sourced pig iron and the international price.

However, in Creswell Trading Co. v. United States, Slip Op. 96-137 (CIT

Aug. 15, 1996), the court again remanded the final results of the 1985

review and, among other things, directed the Department to exclude

ocean freight in determining the international price of pig iron. The

Department's subsequent remand determination reflected the Court's

instructions and was affirmed in Creswell Trading Co. v. United States,

Slip Op. 97-54 (CIT May 7, 1997).

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 U.S.C. 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 Creswell

Trading Co. v. United States, Slip Op. 97-54 (CIT May 7, 1997),

constitutes a decision not in harmony with the Department's final

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: May 14, 1997.

Jeffrey P. Bialos,

Principal Deputy Assistant Secretary for Import Administration.

[FR Doc. 97-13809 Filed 5-23-97; 8:45 am]

BILLING CODE 3510-DS-M