96-20749. Notice of Second Amendment to the Final Determination and Antidumping Duty Order: Certain Pasta From Italy

[Federal Register Volume 61, Number 158 (Wednesday, August 14, 1996)]
[Notices]
[Pages 42231-42232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20749]


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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]


Notice of Second Amendment to the Final Determination and 
Antidumping Duty Order: Certain Pasta From Italy

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

EFFECTIVE DATE: August 14, 1996.

FOR FURTHER INFORMATION CONTACT: John Brinkmann at [phone], 
Jennifer Katt at [phone], or Greg Thompson at [phone], 
Office of AD/CVD Duty Enforcement II, 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).

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. Also excluded 
are imports of organic pasta from Italy that are accompanied by the 
appropriate certificate issued by the Associazione Marchigiana 
Agricultura Biologica (AMAB) or by Bioagricoop scrl.
    On July 9, 1996, after the date of our final antidumping duty 
determination, Euro-USA Trading Co., Inc., of Pawcatuck, CT, submitted 
materials to the Department supporting its request for an exclusion for 
pasta certified to be ``organic pasta.'' Among the documents submitted 
are a decree from the Italian Ministry of Agriculture and Forestry 
authorizing Bioagricoop scrl to certify foodstuffs as organic for the 
implementation of EEC Regulation 2029/91. Also submitted is a letter 
(with an accompanying translation into English) from the Director of 
Controls of Processing and Marketing Firms at Bioagricoop stating that 
the organization will take responsibility for its organic pasta 
certificates and will supply necessary documentation to U.S. 
authorities. On this basis, imports of organic pasta from Italy that 
are accompanied by the appropriate certificate issued by Bioagricoop 
scrl are excluded from the scope of this order.
    The merchandise under order is currently classifiable under items 
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 
order is dispositive.

Second Amendment to the Final Determination and Antidumping Duty Order

    In accordance with section 735(a) of the Tariff Act of 1930, as 
amended (the Act), on July 17, 1996, the Department amended its final 
determination and released an order that certain pasta (pasta) from 
Italy is being, or is likely to be, sold in the United States at less 
than fair value (61 FR 38547 (July 24, 1996)). On July 26, 1996, we 
received a submission from one of the respondents to the antidumping 
investigation, Liguori Pastificio dal 1820, SpA, (Liguori), alleging an 
error in the Department's calculation of the company's antidumping duty 
deposit rate. Specifically, Liguori argued that the Department failed 
to take into account the fact that the company is

[[Page 42232]]

depositing estimated countervailing duties at the ``All Others'' rate 
listed in the Countervailing Duty (CVD) Order. Liguori contends that 
0.83 percent of this CVD deposit rate reflects export subsidies. We 
have reviewed Liguori's argument and agree, pursuant to Article VI (5) 
of the General Agreement on Tariffs and Trade (1947) which prohibits 
assessing dumping duties on the portion of the CVD margin attributable 
to an export subsidy, that the Department did not deduct the export 
subsidy portion of the ``All Others'' rate in calculating the 
antidumping deposit rate for Ligouri. In addition, the Department noted 
this same correction will apply to another respondent, Pastificio 
Fratelli Pagani S.p.A. Correction of these errors results in the 
following cash deposits for the subject merchandise:

------------------------------------------------------------------------
                                                                  Cash  
                Manufacturer/producer/exporter                   deposit
                                                                  rate  
------------------------------------------------------------------------
Arrighi/Italpasta.............................................     19.09
De Cecco......................................................     46.67
De Matteis....................................................      0.00
Delverde/Tamma................................................      1.68
La Molisana...................................................     14.73
Liguori.......................................................     11.58
Pagani........................................................     17.47
All Others....................................................     11.26
------------------------------------------------------------------------

    This notice constitutes the second amendment to the final 
determination and antidumping duty order with respect to pasta from 
Italy, 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 
USC 1673e (a)) and 19 CFR 353.21.

    Dated: August 8, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-20749 Filed 8-13-96; 8:45 am]
BILLING CODE 3510-DS-P