[Federal Register Volume 65, Number 97 (Thursday, May 18, 2000)]
[Notices]
[Pages 31515-31517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12580]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-063]
Certain Iron-Metal Castings from India: Final Results of
Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of countervailing duty administrative
review.
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SUMMARY: On November 12, 1999, the Department of Commerce (the
Department) published in the Federal Register its preliminary results
of administrative review of the countervailing duty order on certain
iron-metal castings from India for the period January 1, 1997 through
December 31, 1997 (64 FR 61592). The Department has now completed this
administrative review in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act).
We have not made changes in the subsidy calculations from the
preliminary results. For information on the net subsidy for each
reviewed company, and for all non-reviewed companies, see the Final
Results of Review section of this notice. We will instruct the U.S.
Customs Service (Customs) to assess countervailing duties as detailed
in the Final Results of Review section of this notice.
EFFECTIVE DATE: May 18, 2000.
FOR FURTHER INFORMATION CONTACT: Robert Copyak, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, N.W., Room 4012, Washington, D.C.
20230; telephone: (202) 482-2786.
SUPPLEMENTARY INFORMATION:
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions of the Tariff Act of 1930, as amended by
the Uruguay Round Agreements Act (URAA) effective January 1, 1995. The
Department is conducting this administrative review in accordance with
section 751(a) of the Act. All citations to the Department's
regulations reference 19 CFR part 351 (1998), unless otherwise
indicated. Because the request for this administrative review was filed
before January 1, 1999, the Department's substantive countervailing
duty regulations, which were published in the Federal Register on
November 25,
[[Page 31516]]
1998 (see CVD Regulations, 63 FR 65348), do not govern this review.
Background
On November 12, 1999, the Department published the preliminary
results of administrative review of the countervailing duty order on
certain iron metal castings from India. See Notice of Preliminary
Results and Partial Recission of Countervailing Duty Administrative
Review: Certain Iron-Metal Castings from India, 64 FR 61592 (November
12, 1999) (Preliminary Results). Pursuant to 19 CFR 351.213(b), this
review covers only those producers/exporters of the subject merchandise
for which a review was specifically requested. The producers/exporters
of the subject merchandise for which this review was requested are:
AGV Exports,
Agarwal Hardware,
Ambika Exports,
Bengal Export Corporation,
Bengal Iron Corporation,
Bhagyadevi Factory,
Calcutta Ferrous Ltd.,
Carnation Enterprise Pvt. Ltd.,
Carnation Industries,\1\
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\1\ Carnation Industries was formerly Carnation Enterprise Pvt.
Ltd.
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Commex Corporation,
Crescent Foundry Co. Pvt. Ltd.,
Delta Enterprises,
Delta Corporation Ltd.,
Dinesh Brothers Pvt. Ltd.,
Dugar International,
Edcons Castings,
Essen International,
Ganapati Suppliers,
Global Intertrade,
Hargolal & Sons,
Hindustahn Malleables & Forgings Ltd.,
J.K. Udyog,
Kajaria Iron Castings Ltd.,\2\
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\2\ Kajaria Iron Castings Ltd. was formerly Kajaria Iron
Castings Pvt. Ltd.
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Kajaria Iron Castings Pvt. Ltd.,
Kauntia Exports,
Kejriwal Iron & Steel Works,
Kiswok Industries Pvt. Ltd.,\3\
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\3\ Kiswok Industries Pvt. Ltd. was formerly Kejriwal Iron &
Steel Works.
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Metflow Corporation Pvt. Ltd.,
Nandikeshwari Iron Foundry Pvt. Ltd.,
Orissa Metal Industries,
Overseas Iron Foundry Pvt. Ltd.,
Rangilal & Sons,
RBA Exports,
R.B. Agarwalla & Company,
R.B. Agarwalla & Company Pvt. Ltd.,
RR Enterprise,
RSI Limited,
RS Ispat Pvt. Ltd.,
Samitex Corporation,
Sammitex,
Serampore Industries Pvt. Ltd.,
Shakti Isabgel Industries,
Shree Hanuman Foundry & Engineering Co. Ltd.,
Shree Rama Enterprises,
Shree Uma Foundries Pvt. Ltd.,
Siko Exports,
Sitaram Maohogarhia & Sons Pvt. Ltd.,
Sociedad J.B. Nagar,
SSL Exports,
Super Iron Foundry,
Tara Engineering Works,
Thames Engineering,
Tirupati International Pvt. Ltd.,
Tirupati Trading Company,
Trident Industries,
Trident International,
Uma Iron & Steel, and
Victory Castings Ltd.
The following companies, for which a review was requested,
certified that they either do not produce or did not export the subject
merchandise to the United States during the period of review (POR): AGV
Exports, Agarwal Hardware Works & Foundries Pvt. Ltd., Ambika Exports,
Bengal Iron Corporation, Bhagyadevi Factory, Delta Enterprises, Edcons
Castings Pvt. Ltd., Essen International, Hargolal & Sons, Hindustahn
Malleables & Forgings Ltd., J.K. Udyog, Kauntia Exports, Metflow
Corporation Pvt. Ltd., Orissa Metal Industries, Overseas Iron Foundry
Pvt. Ltd., RBA Exports, R.B. Agarwalla & Company Pvt. Ltd., RR
Enterprise, RS Ispat Pvt. Ltd., Samitex Corporation, Sammitex, Shree
Hanuman Foundry & Engineering Co. Ltd., Shree Rama Enterprises, Shree
Uma Foundries Pvt. Ltd., Siko Exports, Sitaram Madhogarhia & Sons Pvt.
Ltd., Tara Engineering Works, Tirupati International Pvt. Ltd., and
Tirupati Trading Company. In addition, the Government of India (GOI)
certified that the following companies either do not exist or do not
export the subject merchandise to the United States: Dugar
International, Global Intertrade, Shakti Isabgel Industries, Sociedad
J.B. Nagar, and Trident Industries. Therefore, in accordance with
section 351.213(d)(3) of the Department's regulations, we rescinded the
review with respect to these companies at the time of the preliminary
results.
See Preliminary Results, 64 FR at 61592
We invited interested parties to comment on the preliminary
results. On December 13, 1999, case briefs were submitted by the
Engineering Export Promotion Council of India and the exporters of
certain iron-metal castings from India (respondents), and the Municipal
Castings Fair Trade Council and its members (petitioners). On December
20, 1999, rebuttal briefs were submitted by the respondents and
petitioners. None of the interested parties requested a hearing. This
review covers 29 programs.
Scope of the Review
Imports covered by this administrative review are shipments of
Indian manhole covers and frames, clean-out covers and frames, and
catch basin grates and frames. These articles are commonly called
municipal or public works castings and are used for access or drainage
for public utility, water, and sanitary systems. During the review
period, such merchandise was classifiable under the Harmonized Tariff
Schedule (HTS) item numbers 7325.10.0010 and 7325.10.0050. The HTS item
numbers are provided for convenience and Customs purposes. The written
description remains dispositive.
Verification
As provided in section 782(i) of the Act, we verified information
submitted by the GOI and certain producers/exporters of the subject
merchandise. We followed standard verification procedures, including
meeting with government and company officials and examining relevant
accounting and financial records and other original source documents.
Our verification results, which were issued on September 9, 1999, are
outlined in the verification reports, the public versions of which are
on file in the Central Records Unit (CRU), Room B-099 of the Main
Commerce Building.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the ``Issues and Decision
Memorandum'' (Decision Memorandum) from Holly A. Kuga, Acting Deputy
Assistant Secretary, Import Administration, to Troy H. Cribb, Acting
Assistant Secretary for Import Administration, dated concurrent with
this notice, which is hereby adopted by this notice. A list of issues
which parties have raised and to which we have responded, all of which
are addressed in the Decision Memorandum, is attached to this notice as
Appendix I. Parties can find a complete discussion of all issues raised
in this review and the corresponding recommendations in this public
memorandum which is on file in the CRU. In addition, a complete version
of the Decision Memorandum can be accessed directly on the web at
www.ita.doc.gov/import__admin/records/frn. The paper copy and
electronic version of the Decision Memorandum are identical in content.
Use of Facts Available
For a discussion of our application of facts available, see the
``Facts Available''
[[Page 31517]]
section of the Decision Memorandum, which is on file in the CRU and
available on the web at www.ita.doc.gov/import__admin/records/frn.
Changes Since the Preliminary Results
We have not made any changes to the subsidy rate calculations from
the preliminary results.
Final Results of Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated an
individual subsidy rate for each producer/exporter subject to this
review. We will instruct Customs to assess countervailing duties as
indicated below on all appropriate entries. For the period January 1,
1997 through December 31, 1997, we determine the net subsidy rates for
the reviewed companies to be as follows:
------------------------------------------------------------------------
Ad valorem
Producers/exporters rates
(percentages)
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Bengal Export Corporation............................... 8.35
Calcutta Ferrous Ltd.................................... 9.28
Calcutta Iron Foundry................................... 0.42
Carnation Industries Ltd................................ 0.72
Commex Corporation...................................... 2.71
Crescent Foundry Co. Pvt. Ltd........................... 0.84
Delta Corporation Ltd................................... 27.65
Dinesh Brothers (Pvt.) Ltd.............................. 1.71
Ganapati Suppliers Pvt. Ltd............................. 5.17
Kajaria Iron Castings Ltd............................... 5.19
Kiswok Industries Pvt. Ltd.............................. 14.90
Nandikeshwari Iron Foundry Pvt. Ltd..................... 13.72
Rangilal & Sons......................................... 0.00
R.B. Agarwalla & Company................................ 3.56
RSI Limited............................................. 0.90
Seramapore Industries Pvt. Ltd.......................... 1.51
SSL Exports............................................. 27.65
Super Iron Foundry...................................... 1.08
Thames Engineering...................................... 27.65
Trident International................................... 27.65
Uma Iron & Steel Company................................ 2.10
Victory Castings Ltd.................................... 1.88
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Revocation of CVD Order
As a result of the International Trade Commission's determination
that revocation of this countervailing duty order would not likely lead
to continuation or recurrence of material injury to an industry in the
United States in the reasonably foreseeable future, the Department,
pursuant to section 751(d)(2) of the Act, revoked the countervailing
duty order on iron metal castings from India. See Revocation of
Countervailing Duty Order: Iron Metal Castings from India, 64 FR 61602
(November 12, 1999). Pursuant to section 751(c)(6)(A)(iv) of the Act
and 19 CFR 351.222(i)(2)(ii), the effective date of revocation was
January 1, 2000. Accordingly, the Department instructed Customs to
discontinue suspension of liquidation and collection of cash deposits
on entries of the subject merchandise entered or withdrawn from
warehouse on or after January 1, 2000. The Department, however, will
conduct administrative reviews of subject merchandise entered prior to
the effective date of revocation in response to appropriately filed
requests for review.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely written notification of
return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a sanctionable violation.
This administrative review and notice are in accordance with
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)).
Dated: May 10, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
Appendix I--Issues Addressed in the Decision Memorandum
Methodology and Background Information
I. Applicable Statute and Regulations
II. Facts Available
III. Benchmark Rate
Analysis of Programs
I. Programs Conferring Subsidies
A. Pre-Shipment Export Financing
B. Post-Shipment Export Financing
C. Exemption of Export Credit from Interest Taxes
D. Income Tax Deductions Under Section 80 HHC
E. Import Mechanisms (Sale of Licenses)
F. Passbook Scheme
G. Duty Entitlement Passbook Scheme
II. Programs Determined To Be Not Countervailable
A. Long-Term Financing from ``All-India Development Banks''
B. Long-Term Loan from the West Bengal Industrial Finance
Corporation
C. Leasing of Land from the Regional Government of West Bengal
III. Programs Found To Be Not Used
A. West Bengal Incentive Scheme 1993
1. State Capital Investment Subsidy
B. Market Development Assistance
C. Rediscounting of Export Bills Abroad
D. International Price Reimbursement Scheme
E. Cash Compensatory Support Program
F. Programs Operated by the Small Industries Development Bank of
India
G. Export Promotion Replenishment Scheme
H. Export Promotion Capital Goods Scheme
I. Benefits for Export Oriented Units and Export Processing
Zones
J. Special Imprest Licenses
K. Special Benefits
L. Duty Drawback on Excise Taxes
M. Payment of Premium Against Advance Licenses
N. Pre-Shipment Export Financing in Foreign Currency
O. Subsidies Provided by the State of Orissa
P. Advance Licenses
IV. Other Program Examined
A. Bridge Loan
V. Programs Found Not To Exist
A. State Value-Added Tax ``Set-Off'' Program
B. Interest Rate Surcharge Exemption
VI. Analysis of Comments
A. Cash Credit Benchmark Interest Rate
B. Leasing of Land
C. Long-Term Financing
D. Benefit Provided Under the Passbook Scheme
E. Section 80HHC--Tax Savings Relating to Subject Castings
F. Double-Counting of Subsidies
G. Overdue Penalty Interest Paid
[FR Doc. 00-12580 Filed 5-17-00; 8:45 am]
BILLING CODE 3510-DS-P