Notice of Antidumping Duty Order and Amended Final Determination of Sales at Less Than Fair Value: Certain Pasta From Turkey

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