Certain Iron Metal Castings from India: Notice of Court Decision and Suspension of Liquidation, 41687-41688 [E5-3868]

Download as PDF Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Notices Canada entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(1) of the Act: (1) the cash deposit rates for Ivaco and Ispat will be the rates established in the final results of this review, except if a rate is less than 0.5 percent, and therefore de Weighted–Average Producer minimis, the cash deposit will be zero; Margin (Percentage) (2) for previously reviewed or Ivaco ......................... 2.96 investigated companies not listed above, Ispat/Mittal ................ 6.27 the cash deposit rate will continue to be the company–specific rate published for In accordance with 19 CFR the most recent period; (3) if the 351.224(b), the Department will disclose exporter is not a firm covered in this calculations performed within 5 days of review, a prior review, or the less–thanpublication of this notice. An interested fair–value (LTFV) investigation, but the party may request a hearing within 30 manufacturer is, the cash deposit rate days of publication of these preliminary will be the rate established for the most results. See 19 CFR 351.310(c). Any recent period for the manufacturer of hearing, if requested, will be held 44 the merchandise; and (4) if neither the days after the date of publication, or the exporter nor the manufacturer is a firm first working day thereafter. Interested covered in this or any previous review parties may submit case briefs and/or conducted by the Department, the cash written comments no later than 30 days deposit rate will be 8.11 percent, the after the date of publication of these ‘‘All Others’’ rate established in the preliminary results. Rebuttal briefs and LTFV investigation. These cash deposit rebuttals to written comments, limited requirements, when imposed, shall to issues raised in such briefs or remain in effect until publication of the comments, may be filed no later than 37 final results of the next administrative days after the date of publication. review. Parties who submit arguments are This notice serves as a preliminary requested to submit with the argument reminder to importers of their (1) a statement of the issue, (2) a brief responsibility under 19 CFR 351.402(f) summary of the argument, and (3) a to file a certificate regarding the table of authorities. Further, the parties reimbursement of antidumping duties submitting written comments should prior to liquidation of the relevant provide the Department with an entities during this review period. additional copy of the public version of Failure to comply with this requirement any such comments on diskette. The could result in the Secretary’s Department will issue the final results presumption that reimbursement of antidumping duties occurred and the of this administrative review, which will include the results of its analysis of subsequent assessment of double antidumping duties. issues raised in any such comments, This determination is issued and within 120 days of publication of these published in accordance with sections preliminary results. 751(a)(1) and 777(i)(1) of the Act. Assessment Dated: July 5, 2005. Upon completion of this Barbara E. Tillman, administrative review, pursuant to 19 Acting Assistant Secretary for Import CFR 351.212(b), the Department will Administration. calculate an assessment rate on all [FR Doc. E5–3869 Filed 7–19–05; 8:45 am] appropriate entries. We will calculate importer–specific duty assessment rates BILLING CODE: 3510–DS–S on the basis of the ratio of the total amount of antidumping duties DEPARTMENT OF COMMERCE calculated for the examined sales to the total volume of the examined sales for International Trade Administration that importer. Where the assessment [C–533–063] rate is above de minimis, we will instruct CBP to assess duties on all Certain Iron Metal Castings from India: entries of subject merchandise by that Notice of Court Decision and importer. Suspension of Liquidation Preliminary Results of Review As a result of this review, we preliminarily determine that the following weighted–average margins exist for the period October 1, 2003, through September 30, 2004: Cash Deposit Requirements The following deposit rates will be effective upon publication of the final results of this administrative review for all shipments of steel wire rod from VerDate jul<14>2003 14:24 Jul 19, 2005 Jkt 205001 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 16, 2005, in Kiswok Industries Pvt. Ltd. and Calcutta Ferrous AGENCY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 41687 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 E:\FR\FM\20JYN1.SGM 20JYN1 41688 Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Notices 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 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 071405D] Gulf of Mexico Fishery Management Council; Public Meetings National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. AGENCY: SUMMARY: The Gulf of Mexico Fishery Management Council (Council) will convene a joint meeting of its Standing and Special Reef Fish Scientific and Statistical Committees (SSCs) in New Orleans, LA. DATES: The meeting will be held Monday, August 1, 2005, from 10 a.m. to 4 p.m. VerDate jul<14>2003 14:24 Jul 19, 2005 Jkt 205001 The meeting will be held at the Ramada Inn & Suites, New Orleans Airport, 110 James Drive East, Saint Rose, LA 70087. Council address: Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Steven Atran, Population Dynamics Statistician, Gulf of Mexico Fishery Management Council; telephone: (813) 348–1630. SUPPLEMENTARY INFORMATION: The Gulf of Mexico Fishery Management Council will convene a meeting of its Standing and Special Reef Fish Scientific and Statistical Committee, to review a Red Snapper Advisory Report prepared by the NMFS and approved by the Southeast Data, Assessment and Review (SEDAR) Assessment Workshop committee. The advisory report contains findings on the red snapper stock status and possible and appropriate management for the stock in accordance with the red snapper rebuilding plan. The SSC previously reviewed the red snapper stock assessment and the SEDAR Assessment Review Workshop’s Consensus Report at a meeting held July 5–8, 2005, and found those reports to constitute the best available scientific information, in accordance with national standard two of the MagnusonStevens Fishery Conservation and Management Act (M-SFCMA). Although other non-emergency issues not on the agendas may come before the Council and Committees for discussion, in accordance with the MagnusonStevens Fishery Conservation and Management Act, those issues may not be the subject of formal action during these meetings. Actions of the Council and Committees will be restricted to those issues specifically identified in the agendas and any issues arising after publication of this notice that require emergency action under Section 305(c) of the M-SFCMA, provided the public has been notified of the Council’s intent to take action to address the emergency. The established times for addressing items on the agenda may be adjusted as necessary to accommodate the timely completion of discussion relevant to the agenda items. In order to further allow for such adjustments and completion of all items on the agenda, the meeting may be extended from, or completed prior to the date established in this notice. ADDRESSES: Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 interpretation or other auxiliary aids should be directed to Dawn Aring at the Council (see ADDRESSES) by July 25, 2005. Dated: July 15, 2005. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E5–3866 Filed 7–19–05; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 071505A] Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. AGENCY: SUMMARY: The Administrator, Northeast Region, NMFS (Regional Administrator) has made a preliminary determination that the subject Exempted Fishing Permit (EFP) application contains all the required information and warrants further consideration. The Regional Administrator has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Atlantic Herring and Northeast (NE) Multispecies Fishery Management Plans (FMPs). However, further review and consultation may be necessary before a final determination is made to issue the EFP. Therefore, NMFS announces that the Regional Administrator proposes to issue an EFP that would allow up to four vessels at any given time to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. The EFP would allow for exemptions from certain regulations that implement the emergency action to address haddock bycatch in the 2005 herring fishery for the period August 1 - October 30, 2005. The EFP would exempt vessels from requirements specified at 50 CFR 648.86(a)(3) that restrict Category 1 herring vessels from possessing more than 1,000 lb (0.45 mt) of haddock per trip. The vessels would be part of a study entitled, ‘‘Modifications to Herring Midwater Trawls to Increase Escapement of NonTarget Species (Haddock),’’ which is being coordinated by the Gulf of Maine E:\FR\FM\20JYN1.SGM 20JYN1

Agencies

[Federal Register Volume 70, Number 138 (Wednesday, July 20, 2005)]
[Notices]
[Pages 41687-41688]
From the Federal Register Online via the Government Printing 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

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