[Federal Register Volume 64, Number 183 (Wednesday, September 22, 1999)]
[Notices]
[Pages 51293-51294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24585]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-819]
Amendment to Certain Pasta From Italy: Final Results of the
Second Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Amendment of Final Results of Countervailing Duty
Administrative Review.
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SUMMARY: On August 16, 1999, the Department of Commerce published in
the Federal Register its final results of the second administrative
review of the countervailing duty order on certain pasta from Italy for
the period January 1, 1997 to December 31, 1997 (64 FR 44489). After
publishing the final results, we discovered one calculation error, and
we received a timely filed allegation regarding another ministerial
error.
EFFECTIVE DATE: September 22, 1999.
FOR FURTHER INFORMATION CONTACT: Vincent Kane, Sally Hastings or Suresh
Maniam, AD/CVD Enforcement, Group I, Office 1, Import Administration,
US Department of Commerce, Room 1870, 14th Street and Constitution
Avenue, NW, Washington, DC 20230; telephone (202) 482-2815, 482-3463,
482-0176, respectively.
Corrections
Audisio Industrie Alimentari S.p.A (``Audisio'') and Pastificio
Fabianelli S.p.A (``Fabianelli'')
The Department of Commerce (``the Department'') inadvertently
miscalculated the duty rates for respondents Audisio and Fabianelli. In
the final notice, we specified a total duty rate of 1.03 percent for
Audisio and 0.49 percent for Fabianelli. In calculating these rates, we
erroneously attributed a European Social Fund (ESF) subsidy rate in the
amount of 0.04 percent to Fabianelli. The ESF subsidy rate instead
should have been attributed to Audisio. Neither the petitioners
1 nor the respondents have made a ministerial error
allegation with respect to this miscalculation, and the Department is
correcting this error on its own initiative.
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\1\ The petitioners in this review are Borden, Inc., Hershey
Foods Corp. and Gooch Foods, Inc.
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Delverde, SrL (``Delverde'') and Tamma Industrie Alimentari, SrL
(``Tamma'')
On August 26, 1999, respondent (Delverde/Tamma) timely filed a
ministerial error allegation. Delverde/Tamma states that, with respect
to one publicity grant, the Department should not have countervailed
the entire amount of the grant, but instead should have countervailed
only that portion of the grant attributable to pasta products.
Respondent further states that countervailing only the pasta portion of
the grant would be consistent with our previous calculations in the
original investigation (see Final Affirmative Countervailing Duty
Determination: Certain Pasta from Italy 61 FR 30288, 30303 (June 14,
1996)) and the first administrative review (see Certain Pasta from
Italy: Final Results of the Countervailing Duty Administrative Review,
63 FR 43905, 43907 (August 17, 1998)). We agree with the respondent
that the Department inadvertently countervailed the entire amount of
the grant rather than only that portion of the grant received for pasta
products. The petitioners have not commented on this ministerial error
allegation. We have made the suggested corrections for the amended
final results.
Amended Final Results of Review
Pursuant to the Department's regulations at 19 CFR 351.224(e), we
correct the duty rates for Audisio, Fabianelli, Delverde, and Tamma to
be as follows:
Ad Valorem Rates
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01/01/97
through
Producer/Exporter 12/31/97
(percent)
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Audisio Industrie Alimentari S.p.A........................... 1.07
Pastificio Fabianelli S.p.A.................................. 0.45
Delverde, SrL................................................ 3.98
Tamma Industrie Alimentari, SrL.............................. 3.98
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The Department will instruct the US Customs Service (``Customs'')
to assess countervailing duties on all appropriate entries on or after
January 1, 1997, and on or before December 31, 1997. The Department
will issue liquidation instructions directly to Customs. The amended
deposit requirements are effective for all shipments of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of this notice and shall remain in effect
until publication of the final results of the next administrative
review.
This notice serves as a reminder to all parties subject to an
administrative protective order (APO) of their
[[Page 51294]]
responsibility concerning the disposition of proprietary information
disclosed under APO in accordance with 19 CFR 355.34(d). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is sanctionable violation.
This amendment to the final results of the countervailing duty
administrative review notice is in accordance with section 751(a)(1) of
the Tariff Act, as amended, (19 U.S.C. 1675(a)(1), 19 CFR 351.213, and
19 CFR 351.221(b)(5)).
Dated: September 13, 1999.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-24585 Filed 9-21-99; 8:45 am]
BILLING CODE 3510-DS-P
