[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Notices]
[Pages 38545-38546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18703]
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DEPARTMENT OF COMMERCE
[A-489-805]
Notice of Antidumping Duty Order and Amended Final Determination
of Sales at Less Than Fair Value: Certain Pasta From Turkey
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 24, 1996.
FOR FURTHER INFORMATION CONTACT: John Brinkmann at (202) 482-5288,
Jennifer Katt at (202) 482-0498, or Sunkyu Kim at (202) 482-2613,
Office of Antidumping/Countervailing Duty Enforcement, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C.
20230.
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 by the Uruguay
Round Agreements Act (URAA).
Amended Final Determination
In accordance with section 735(a) of the Tariff Act of 1930, as
amended (the Act), on June 3, 1996, the Department made its final
determination that certain pasta (pasta) from Turkey is being, or is
likely to be, sold in the United States at less than fair value (61 FR
30309 (June 14, 1996)) (Final Determination). Subsequent to the final
determination, we received a submission, timely filed pursuant to 19
CFR 353.28(b), from Borden, Inc., Hershey Foods Corp., and Gooch Foods,
Inc. (collectively the petitioners) alleging a ministerial error in the
Department's final determination for Maktas Makarnicilik ve Ticaret
T.A.S. (Maktas). Maktas submitted comments on the petitioners'
ministerial error allegation on June 20, 1996. In addition, Maktas
submitted a ministerial error allegation on July 2, 1996.
We determine, in accordance with section 735(e) of the Act, that
ministerial errors were made in our margin calculation for Maktas.
Specifically, we erroneously did not revise Maktas's reported cost of
production (COP) and constructed value (CV) to include certain
depreciation expenses which the Department determined were excluded
improperly by Maktas. Further, we incorrectly calculated these
depreciation expenses. Additionally, in preparing the recalculation for
the ministerial errors described above, we noted a minor inadvertent
error in the programming for Maktas which constitutes a ministerial
error within the meaning of section 735(e) of the Act. Although not
noted by other parties, we are correcting this error for Maktas. For a
detailed discussion of the above-cited ministerial errors and the
Department analysis, see Memorandum from Case Analysts to Barbara R.
Stafford, dated June 27, 1996 and Memorandum from William H. Jones to
Christian B. Marsh dated July 15, 1996. In accordance with 19 CFR
353.28(c), we are amending the final determination of the antidumping
duty investigation of pasta from Turkey to correct these ministerial
errors. The revised final weighted-average dumping margins are as
follows:
[[Page 38546]]
------------------------------------------------------------------------
Original Revised
Manufacturer/producer/ exporter margin margin
percentage percentage
------------------------------------------------------------------------
Filiz........................................... 63.29 63.29
Maktas.......................................... 56.87 60.87
All Others...................................... 56.87 60.87
------------------------------------------------------------------------
Scope of Order
The scope of this order consists of certain non-egg dry pasta in
packages of five pounds (or 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 two percent egg white. The
pasta covered by this scope is typically sold in the retail market, in
fiberboard or cardboard cartons or polyethylene or polypropylene bags,
of varying dimensions.
Excluded from the scope of this order 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 two percent egg white. In the
companion countervailing and antidumping duty investigations involving
pasta from Italy, we have excluded imports of organic pasta that are
accompanied by the appropriate certificate issued by the Associazione
Marchigiana Agricultura Biologica (AMAB) or by Bioagricoop scrl. The
Department has determined that AMAB and Bioagricoop scrl are legally
authorized to certify foodstuffs as organic for the Government of Italy
(GOI). If certification procedures similar to those implemented by the
GOI are established by the Government of Turkey for exports of organic
pasta to the United States, we would consider an exclusion for organic
pasta at that time.
The merchandise under investigation is currently classifiable under
item 1902.19.20 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheadings are provided for convenience
and customs purposes, our written description of the scope of this
investigation is dispositive.
Antidumping Duty Order
On July 17, 1996, in accordance with section 735(d) of the Act, the
U.S. International Trade Commission (ITC) notified the Department that
the U.S. pasta industry is materially injured by imports of pasta from
Turkey. Therefore, in accordance with section 736 of the Act, the
Department will direct United States Customs officers to assess, upon
further advice by the administering authority pursuant to section
736(a)(1) of the Act, antidumping duties equal to the amount by which
the normal value of the merchandise exceeds the export price for all
entries of pasta from Turkey. These antidumping duties will be assessed
on all unliquidated entries of pasta from Turkey entered, or withdrawn
from warehouse, for consumption on or after January 19, 1996, the date
on which the Department published its preliminary determination notice
in the Federal Register (61 FR 1347).
On or after the date of publication of this notice in the Federal
Register, U.S. Customs officers must require, at the same time as
importers would normally deposit estimated duties, the following cash
deposits for the subject merchandise:
------------------------------------------------------------------------
Revised
Manufacturer/producer/exporter margin
percentage
------------------------------------------------------------------------
Filiz....................................................... 63.29
Maktas...................................................... 60.87
All Others.................................................. 60.87
------------------------------------------------------------------------
Article VI(5) of the General Agreement on Tariffs and Trade (1947)
prohibits assessing dumping duties on the portion of the margin
attributable to an export subsidy. In this case, the product under
investigation is subject to a countervailing duty investigation (see
Final Affirmative Countervailing Duty Determination: Certain Pasta from
Turkey (61 FR 30288) (June 14, 1996)). Therefore, for all entries of
pasta from Turkey, entered or withdrawn from warehouse for consumption
made on or after the date on which the order in the companion
countervailing duty investigation is published in the Federal Register,
we will request for duty deposit purposes, that United States Customs
deduct the portion of the margin attributable to the export subsidy
from the countervailing duty investigation. As discussed in the Final
Determination, Filiz's margin is based on total adverse facts
available, taken from the petition. Insofar as the dumping margin for
Filiz is not a calculated margin, we have not subtracted the amount for
any export subsidy from that margin. The cash deposit rates for
antidumping purposes will be as follows:
------------------------------------------------------------------------
Deposit
Manufacturer/producer/exporter rate
------------------------------------------------------------------------
Filiz.......................................................... 63.29
Maktas......................................................... 48.26
All Others..................................................... 51.49
------------------------------------------------------------------------
This notice constitutes the antidumping duty order with respect to
pasta from Turkey, pursuant to section 736(a) of the Act. Interested
parties may contact the Central Records Unit, Room B-099 of the Main
Commerce Building, for copies of an updated list of antidumping duty
orders currently in effect.
This order is published pursuant to section 736(a) of the Act (19
U.S.C. 1673e(a)) and 19 CFR 353.21.
Dated: July 17, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-18703 Filed 7-23-96; 8:45 am]
BILLING CODE 3510-DS-P
