[Federal Register Volume 60, Number 97 (Friday, May 19, 1995)]
[Notices]
[Pages 26899-26900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12361]



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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-365-366 (Preliminary) and 731-TA-734-735 
(Preliminary)]


Certain Pasta From Italy and Turkey

AGENCY: International Trade Commission.

[[Page 26900]] ACTION: Institution and scheduling of preliminary 
countervailing duty and antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the institution of 
preliminary countervailing duty investigation Nos. 701-TA-365-366 
(Preliminary) and preliminary antidumping investigation Nos. 731-TA-
734-735 (Preliminary) under sections 703(a) and 733(a), respectively, 
of the Tariff Act of 1930, as amended by section 212(b) of the Uruguay 
Round Agreements Act (URAA), Pub. L. 103-465, 108 Stat. 4809 (1994) (19 
U.S.C. 1671b(a) and 1673b(a)) to determine whether there is a 
reasonable indication that an industry in the United States is 
materially injured, or is threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports from Italy or Turkey of certain 
pasta,1 provided for in subheading 1902.19.20 of the Harmonized 
Tariff Schedule of the United States, that are alleged to be subsidized 
by the Governments of Italy and Turkey and are alleged to be sold in 
the United States at less than fair value. Unless the Department of 
Commerce extends the time for initiation pursuant to sections 
702(c)(1)(B) and 732(c)(1)(B), the Commission must complete preliminary 
countervailing duty and antidumping investigations in 45 days, or in 
this case by June 26, 1995. The Commission's views are due at the 
Department of Commerce within 5 business days thereafter, or by July 3, 
1995.

    \1\Certain pasta consists of non-egg dry pasta for retail sale, 
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. For purposes of these investigations, 
retail sales are defined as pasta sold in retail channels, typically 
in packages of five pounds or less in fiberboard or cardboard 
cartons or polyethylene or polypropylene bags, of varying 
dimensions. Excluded from these investigations are non-egg dry pasta 
sold to the industrial and food service markets. Also excluded from 
the scope of these investigations are fresh, 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.
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    For further information concerning the conduct of these 
investigations and rules of general application, consult the 
Commission's Rules of Practice and Procedure, part 201, subparts A 
through E (19 CFR part 201), and part 207, subparts A and B (19 CFR 
part 207), as amended.

EFFECTIVE DATE: May 12, 1995.

FOR FURTHER INFORMATION CONTACT: Debra Baker (202-205-3180), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. Information can also be 
obtained by calling the Office of Investigations' remote bulletin board 
system for personal computers at 202-205-1895 (N,8,1).

SUPPLEMENTARY INFORMATION:

Background

    These investigations are being instituted in response to a petition 
filed on May 12, 1995, by counsel for Borden, Inc., Columbus, OH; 
Hershey Foods Corp, Hershey, PA; and Gooch Foods, Inc. (Archer Daniels 
Midland Co.), Lincoln, NE.

Participation in the Investigations and Public Service List

    Persons (other than petitioners) wishing to participate in the 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Secs. 201.11 and 207.10 of 
the Commission's rules, not later than seven (7) days after publication 
of this notice in the Federal Register. The Secretary will prepare a 
public service list containing the names and addresses of all persons, 
or their representatives, who are parties to these investigations upon 
the expiration of the period for filing entries of appearance.

Limited Disclosure of Business Proprietary Information (BPI) Under an 
Administrative Protective Order (APO) and BPI Service List

    Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in these preliminary investigations available to 
authorized applicants under the APO issued in the investigations, 
provided that the application is made not later than seven (7) days 
after the publication of this notice in the Federal Register. A 
separate service list will be maintained by the Secretary for those 
parties authorized to receive BPI under the APO.

Conference

    The Commission's Director of Operations has scheduled a conference 
in connection with these investigations for 9:30 a.m. on June 2, 1995, 
at the U.S. International Trade Commission Building, 500 E Street SW., 
Washington, DC. Parties wishing to participate in the conference should 
contact Debra Baker (202-205-3180) not later than May 30, 1995, to 
arrange for their appearance. Parties in support of the imposition of 
countervailing and antidumping duties in these investigations and 
parties in opposition to the imposition of such duties will each be 
collectively allocated one hour within which to make an oral 
presentation at the conference. A nonparty who has testimony that may 
aid the Commission's deliberations may request permission to present a 
short statement at the conference.

Written Submissions

    As provided in Secs. 201.8 and 207.15 of the Commission's rules, 
any person may submit to the Commission on or before June 7, 1995, a 
written brief containing information and arguments pertinent to the 
subject matter of the investigations. Parties may file written 
testimony in connection with their presentation at the conference no 
later than three (3) days before the conference. If briefs or written 
testimony contain BPI, they must conform with the requirements of 
Secs. 201.6, 207.3, and 207.7 of the Commission's rules.
    In accordance with Secs. 01.16(c) and 207.3 of the rules, each 
document filed by a party to the investigations must be served on all 
other parties to the investigations (as identified by either the public 
or BPI service list), and a certificate of service must be timely 
filed. The Secretary will not accept a document for filing without a 
certificate of service.

    Authority: These investigations are being conducted under 
authority of the Tariff Act of 1930, title VII, as amended by the 
URAA. This notice is published pursuant to Sec. 207.12 of the 
Commission's rules.

    Issued: May 16, 1995.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-12361 Filed 5-18-95; 8:45 am]
BILLING CODE 7020-02-P