Certain Pasta From Italy; Notice of Court Decision

DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]

Certain Pasta From Italy; Notice of Court Decision

AGENCY: International Trade Administration, Import Administration,

Department of Commerce.

ACTION: Notice.

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SUMMARY: On October 2, 1997, in the case of De Cecco et al. v. United

States et al., Slip Op. 97-143 (``De Cecco''), the United States Court

of International Trade (the CIT) granted plaintiffs' and plaintiff-

intervenors' motions for judgment with respect to the extension by the

United States Department of Commerce (``Department'') of provisional

antidumping measures for the period May 19, 1996 through July 24, 1996.

On October 23, 1997, the CIT ordered the Department to issue

appropriate instructions to the U.S. Customs Service to implement its

October 2, 1997, decision to grant judgment to plaintiffs and

plaintiff-intervenors.

EFFECTIVE DATE: November 3, 1997.

FOR FURTHER INFORMATION CONTACT: Edward Easton or John Brinkmann, at

[[Page 65674]]

(202) 482-1777 or (202) 482-5288, respectively, Office of AD/CVD

Enforcement II, Import Administration, International Trade

Administration, 14th Street and Constitution Avenue, NW, Washington, DC

20230.

SUPPLEMENTARY INFORMATION:

Background

On June 14, 1996, the Department published its final determination

of sales at less than fair value in the antidumping duty investigation

of certain pasta from Italy. On July 24, 1996, the Department published

an amended final determination. Subsequently, De Cecco, et al., filed

lawsuits with the Court challenging the extension of provisional

measures described above. On October 2, 1997, the CIT issued its

opinion granting plaintiffs' and plaintiff-intervenors' motions. In its

opinion, the CIT found that the Department had improperly extended the

provisional measures period, as there had not been a proper request

from exporters to extend this period. On October 23, 1997, the CIT

directed the Department to issue instructions to implement its

decision.

In its decision in Timken Co. v. United States, 893 F.2d 337 (Fed.

Cir. 1990) (``Timken''), the United States Court of Appeals for the

Federal Circuit held that, pursuant to 19 U.S.C. 1516a(e), the

Department must publish a notice of a court decision that is not ``in

harmony'' with a Department determination, and must suspend liquidation

of entries pending a ``conclusive'' court decision. The decision of the

CIT in De Cecco constitutes a decision not in harmony with the

Department's final determination. This notice fulfills the publication

requirements of Timken.

Absent an appeal, or, if appealed, upon a ``conclusive'' court

decision affirming the CIT's judgment, the Department will direct the

U.S. Customs Service to: (1) Lift the suspension of liquidation,

release any bonds or other security posted, and refund any and all cash

deposits paid as estimated antidumping duties on any and all entries of

the subject merchandise which were produced by the following producers:

F.lli Ce Cecco di Filippo San Martino S.p.A.

Rummo S.p.A. Molina e Pastificio

La Molisana Industrie Alimentari S.p.A.

Pastificio Fratelli Pagani S.p.A.

Industria Alimentari Colavita S.p.A.

or imported by the following importers:

Agrusa, Inc.

Bel Canto Fancy Foods, Ltd.

Cento Fine Foods, Inc. (Alanric Food Distributors)

George De Lallo Co., Inc.

Domil, Inc.

Ferrara Food Co., Inc.

Gourmet Award Foods

I.T. & M, Inc.

Italfoods, Inc.

La Pace Imports, Ltd.

Med-USA Corporation

Musco Food Corp.

The Pastene Companies, Ltd.

Rienzi & Sons

Ron-Son Mushroom Products, Inc.

Santini Foods, Inc.

Sinco, Inc.

World Finer Foods, Inc

and were entered, or withdrawn from warehouse for consumption, after

May 18, 1996, and before July 24, 1996; and (2) liquidate those entries

without regard to any antidumping duty; and (3) pay any such refunds of

cash deposits in accordance with law, including interest, from the date

of entry at the rate(s) as announced from time to time by the Customs

Service pursuant to Title 19, United States Code, Section 1505(c).

Liquidation of such entries is suspended pending final and conclusive

disposition.

Dated: December 5, 1997.

Richard W. Moreland,

Acting Deputy Assistant Secretary for Import Administration.

[FR Doc. 97-32694 Filed 12-12-97; 8:45 am]

BILLING CODE 3510-DS-P