[Federal Register Volume 61, Number 26 (Wednesday, February 7, 1996)]
[Notices]
[Pages 4680-4682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2577]
-----------------------------------------------------------------------
[[Page 4681]]
INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 701-TA-365-366 (Final) and 731-TA-734-735 (Final)]
Certain Pasta From Italy and Turkey
AGENCY: United States International Trade Commission.
ACTION: Institution and scheduling of final antidumping investigations
and scheduling of the ongoing countervailing duty investigations.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice of the institution of final
antidumping Investigations Nos. 731-TA-734-735 (Final) under section
735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act) to
determine whether an industry in the United States is materially
injured or threatened with material injury, or the establishment of an
industry in the United States is materially retarded, by reason of
less-than-fair-value imports from Italy and Turkey of certain
pasta,1 provided for in subheading 1902.19.20 of the Harmonized
Tariff Schedule of the United States. The Commission also gives notice
of the schedule to be followed in these antidumping investigations and
the ongoing countervailing duty investigations regarding imports of
certain pasta from Italy and Turkey (Invs. Nos. 701-TA-365-366
(Final)), which the Commission instituted effective October 17, 1995
(60 FR 58638, November 28, 1995). The schedules for the subject
investigations will be identical, pursuant to Commerce's alignment of
its final subsidy and dumping determinations.
\1\ ``Certain pasta,'' the imported product subject to these
investigations, consists of non-egg dry pasta in packages of 5
pounds (2.27 kilograms) or less, whether or not enriched or
fortified or containing milk or other optional ingredients such as
chopped vegetables, vegetable purees, milk, gluten, diastases,
vitamins, coloring and flavorings, and up to 2 percent egg white.
Certain pasta is typically sold in the retail market in fiberboard
or cardboard cartons or polyethylene or polypropylene bags, of
varying dimensions. Excluded from the definition of certain pasta
are refrigerated, frozen, or canned pastas, as well as all forms of
egg pasta, with the exception of non-egg dry pasta containing up to
2 percent egg white.
---------------------------------------------------------------------------
For further information concerning the conduct of these
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A through E (19 CFR part 201), and part 207, subparts A and C
(19 CFR part 207).
EFFECTIVE DATE: January 17, 1996.
FOR FURTHER INFORMATION CONTACT: Fred Fischer (202-205-3179), Office of
Investigations, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 202-205-2000. General information concerning
the Commission may also be obtained by accessing its internet server
(http://www.usitc.gov or ftp://ftp.usitc.gov).
SUPPLEMENTARY INFORMATION:
Background
The subject antidumping investigations are being instituted as a
result of affirmative preliminary determinations by the Department of
Commerce that imports of certain pasta from Italy and Turkey are being
sold in the United States at less than fair value within the meaning of
section 733 of the Act (19 U.S.C. 1673b). The Commission instituted the
subject countervailing duty investigations effective October 17, 1995
(60 FR 58638, November 28, 1995). The antidumping and countervailing
duty investigations were requested in a petition filed on May 12, 1995,
by Borden, Inc., Columbus, OH; Hershey Foods Corp., Hershey, PA; and
Gooch Foods, Inc. (Archer Daniels Midland Co.), Lincoln, NE.
Participation in the Investigations and Public Service List
Any person having already filed an entry of appearance in the
countervailing duty investigations is considered a party in the
antidumping investigations. Any other persons wishing to participate in
the investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, not later than 21 days after publication of this
notice in the Federal Register. The Secretary will prepare a public
service list containing the names and addresses of all persons, or
their representatives, who are parties to the investigations upon the
expiration of the period for filing entries of appearance.
Limited Disclosure of Business Proprietary Information (BPI) Under an
Administrative Protective Order (APO) and BPI Service List
Pursuant to section 207.7(a) of the Commission's rules, the
Secretary will make BPI gathered in these final investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made not later than 21
days after the publication of this notice in the Federal Register. A
separate service list will be maintained by the Secretary for those
parties authorized to receive BPI under the APO.
Staff Report
The prehearing staff report in these investigations will be placed
in the nonpublic record on May 22, 1996, and a public version will be
issued thereafter, pursuant to section 207.21 of the Commission's
rules.
Hearing
The Commission will hold a hearing in connection with these
investigations beginning at 9:30 a.m. on June 5, 1996, at the U.S.
International Trade Commission Building. Requests to appear at the
hearing should be filed in writing with the Secretary to the Commission
on or before May 28, 1996. A nonparty who has testimony that may aid
the Commission's 4 deliberations may request permission to present a
short statement at the hearing. All parties and nonparties desiring to
appear at the hearing and make oral presentations should attend a
prehearing conference to be held at 9:30 a.m. on May 31, 1996, at the
U.S. International Trade Commission Building. Oral testimony and
written materials to be submitted at the public hearing are governed by
sections 201.6(b)(2), 201.13(f), and 207.23(b) of the Commission's
rules. Parties are strongly encouraged to submit as early in the
investigations as possible any requests to present a portion of their
hearing testimony in camera.
Written Submissions
Each party is encouraged to submit a prehearing brief to the
Commission. Prehearing briefs must conform with the provisions of
section 207.22 of the Commission's rules; the deadline for filing is
May 30, 1996. Parties may also file written testimony in connection
with their presentation at the hearing, as provided in section
207.23(b) of the Commission's rules, and posthearing briefs, which must
conform with the provisions of section 207.24 of the Commission's
rules. The deadline for filing posthearing briefs is June 11, 1996;
witness testimony must be filed no later than three days before the
hearing. In addition, any person who has not entered an appearance as a
party to the investigations may submit a written statement of
information pertinent to the subject of the investigations on or before
June 11, 1996. On July 2, 1996, the Commission will make available to
parties all information on which they have not had opportunity to
comment. Parties may submit final comments on this
[[Page 4682]]
information on or before July 5, 1996, but such final comments must not
contain new factual information, or comment on information disclosed
prior to the filing of posthearing briefs, and must otherwise comply
with section 207.29 of the Commission's rules. All written submissions
must conform with the provisions of section 201.8 of the Commission's
rules; any submissions that contain BPI must also conform with the
requirements of sections 201.6, 207.3, and 207.7 of the Commission's
rules.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.20 of the Commission's rules.
By order of the Commission.
Issued: January 31, 1996.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-2577 Filed 2-6-96; 8:45 am]
BILLING CODE 7020-02-P
