97-34138. Certain Pasta From Italy; Correction of Notice of Court Decision

[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Notices]
[Pages 68257-68258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-34138]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-475-818]


Certain Pasta From Italy; Correction of Notice of Court Decision

AGENCY: International Trade Administration, Import Administration, 
Department of Commerce.

ACTION: Notice.

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SUMMARY: On December 15, 1997, the Department published a Notice in the 
Federal Register (62 FR 65673) concerning a decision of the United 
States Court of International Trade (CIT) in the case of De Cecco et 
al. v. United States et al. (Slip Op. 97-143, October 23, 1997). The 
notice indicated that absent an appeal of this decision, or, if the 
decision were to be appealed, upon a ``conclusive'' court decision 
affirming the CIT's judgment, the Department would implement the CIT's 
determination with respect to entries of merchandise produced or 
imported by firms enumerated in the notice. Barilla Alimentari S.p.A., 
a party to the litigation, should have been listed as a producer in the 
notice, but was not. The corrected notice appears below.

EFFECTIVE DATE: November 3, 1997.

FOR FURTHER INFORMATION CONTACT: Edward Easton or John Brinkmann, at 
[phone] or [phone], respectively, Office of AD/CVD 
Enforcement II, Import Administration, International Trade 
Administration, 14th Street and Constitution Avenue, NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    On June 14, 1996, the Department published its final determination 
of sales at less than fair value in the antidumping duty investigation 
of certain pasta from Italy. On July 24, 1996, the Department published 
an amended final determination. Subsequently, De Cecco, et al., filed 
lawsuits with the Court challenging the extension of provisional 
measures described above. On October 2, 1997, the CIT issued its 
opinion granting plaintiffs' and plaintiff-intervenors' motions. In its 
opinion, the CIT found that the Department had improperly extended the 
provisional measures period, as there had not been a proper request 
from exporters to extend this period. On October 23, 1997, the CIT 
directed the Department to issue instructions to implement its 
decision.
    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 that is not ``in 
harmony'' with a Department determination, and must suspend liquidation 
of entries pending a ``conclusive'' court decision. The decision of the 
CIT in De Cecco constitutes a decision not in harmony with the 
Department's final determination. This notice fulfills the publication 
requirements of Timken.
    Absent an appeal, or if appealed, upon a ``conclusive'' court 
decision affirming the CIT's judgment, the Department will direct the 
U.S. Customs Service to: (1) Lift the suspension of liquidation, 
release any bonds or other security posted, and refund any and all cash 
deposits paid as estimated antidumping duties on any and all entries of 
the subject merchandise were produced by the following producers--

F.lli De Cecco di Filippo Fara San Martino S.p.A.,
Rummo S.p.A. Molina e Pastificio,
La Molisana Industrie Alimentari S.p.A.,
Pastificio Fratelli Pagani S.p.A.,
Barilla Alimentari S.p.A, and
Industria Alimentari Colavita S.p.A.--

or imported by the following importers--

Agrusa, Inc.,
Bel Canto Fancy Foods, Ltd.,
Cento Fine Foods, Inc. (Alanric Food Distributors),
George De Lallo Co., Inc.,
Domil, Inc.,
Ferrara Food Co., Inc.,

[[Page 68258]]

Gourmet Award Foods,
I.T. & M, Inc.,
Italfoods, Inc.,
La Pace Imports, Ltd.,
Med-USA Corporation,
Musco Food Corp.,
The Pastene Companies, Ltd.,
Rienzi & Sons,
Ron-Son Mushroom Products, Inc.,
Santini Foods, Inc.,
Sinco, Inc., and
World Finer Foods, Inc--

and were entered, or withdrawn from warehouse for consumption, after 
May 18, 1996, and before July 24, 1996; and (2) liquidate those entries 
without regard to any antidumping duty; and (3) pay any such refunds of 
cash deposits in accordance with law, including interest, from the date 
of entry at the rate(s) as announced from time to time by the Customs 
Service pursuant to Title 19, United States Code, Section 1505(c). 
Liquidation of such entries is suspended pending final and conclusive 
disposition.

    Dated: December 23, 1997.
Richard W. Moreland,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 97-34138 Filed 12-30-97; 8:45 am]
BILLING CODE 3510-DS-P