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

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 (202) 482-5288,

Jennifer Katt at (202) 482-0498, or Greg Thompson at (202) 482-3003,

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