[Federal Register Volume 61, Number 26 (Wednesday, February 7, 1996)]
[Notices]
[Pages 4680-4682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2577]



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[[Page 4681]]


INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 701-TA-365-366 (Final) and 731-TA-734-735 (Final)]


Certain Pasta From Italy and Turkey

AGENCY: United States International Trade Commission.

ACTION: Institution and scheduling of final antidumping investigations 
and scheduling of the ongoing countervailing duty investigations.

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SUMMARY: The Commission hereby gives notice of the institution of final 
antidumping Investigations Nos. 731-TA-734-735 (Final) under section 
735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act) to 
determine whether an industry in the United States is materially 
injured or threatened with material injury, or the establishment of an 
industry in the United States is materially retarded, by reason of 
less-than-fair-value imports from Italy and Turkey of certain 
pasta,1 provided for in subheading 1902.19.20 of the Harmonized 
Tariff Schedule of the United States. The Commission also gives notice 
of the schedule to be followed in these antidumping investigations and 
the ongoing countervailing duty investigations regarding imports of 
certain pasta from Italy and Turkey (Invs. Nos. 701-TA-365-366 
(Final)), which the Commission instituted effective October 17, 1995 
(60 FR 58638, November 28, 1995). The schedules for the subject 
investigations will be identical, pursuant to Commerce's alignment of 
its final subsidy and dumping determinations.

    \1\ ``Certain pasta,'' the imported product subject to these 
investigations, consists of non-egg dry pasta in packages of 5 
pounds (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 2 percent egg white. 
Certain pasta is typically sold in the retail market in fiberboard 
or cardboard cartons or polyethylene or polypropylene bags, of 
varying dimensions. Excluded from the definition of certain pasta 
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 
2 percent egg white.
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    For further information concerning the conduct of these 
investigations, hearing procedures, 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 C 
(19 CFR part 207).

EFFECTIVE DATE: January 17, 1996.

FOR FURTHER INFORMATION CONTACT: Fred Fischer (202-205-3179), 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. General information concerning 
the Commission may also be obtained by accessing its internet server 
(http://www.usitc.gov or ftp://ftp.usitc.gov).

SUPPLEMENTARY INFORMATION:

Background

    The subject antidumping investigations are being instituted as a 
result of affirmative preliminary determinations by the Department of 
Commerce that imports of certain pasta from Italy and Turkey are being 
sold in the United States at less than fair value within the meaning of 
section 733 of the Act (19 U.S.C. 1673b). The Commission instituted the 
subject countervailing duty investigations effective October 17, 1995 
(60 FR 58638, November 28, 1995). The antidumping and countervailing 
duty investigations were requested in a petition filed on May 12, 1995, 
by 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

    Any person having already filed an entry of appearance in the 
countervailing duty investigations is considered a party in the 
antidumping investigations. Any other persons wishing to participate in 
the investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, not later than 21 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 the 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 section 207.7(a) of the Commission's rules, the 
Secretary will make BPI gathered in these final investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made not later than 21 
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.

Staff Report

    The prehearing staff report in these investigations will be placed 
in the nonpublic record on May 22, 1996, and a public version will be 
issued thereafter, pursuant to section 207.21 of the Commission's 
rules.

Hearing

    The Commission will hold a hearing in connection with these 
investigations beginning at 9:30 a.m. on June 5, 1996, at the U.S. 
International Trade Commission Building. Requests to appear at the 
hearing should be filed in writing with the Secretary to the Commission 
on or before May 28, 1996. A nonparty who has testimony that may aid 
the Commission's 4 deliberations may request permission to present a 
short statement at the hearing. All parties and nonparties desiring to 
appear at the hearing and make oral presentations should attend a 
prehearing conference to be held at 9:30 a.m. on May 31, 1996, at the 
U.S. International Trade Commission Building. Oral testimony and 
written materials to be submitted at the public hearing are governed by 
sections 201.6(b)(2), 201.13(f), and 207.23(b) of the Commission's 
rules. Parties are strongly encouraged to submit as early in the 
investigations as possible any requests to present a portion of their 
hearing testimony in camera.

Written Submissions

    Each party is encouraged to submit a prehearing brief to the 
Commission. Prehearing briefs must conform with the provisions of 
section 207.22 of the Commission's rules; the deadline for filing is 
May 30, 1996. Parties may also file written testimony in connection 
with their presentation at the hearing, as provided in section 
207.23(b) of the Commission's rules, and posthearing briefs, which must 
conform with the provisions of section 207.24 of the Commission's 
rules. The deadline for filing posthearing briefs is June 11, 1996; 
witness testimony must be filed no later than three days before the 
hearing. In addition, any person who has not entered an appearance as a 
party to the investigations may submit a written statement of 
information pertinent to the subject of the investigations on or before 
June 11, 1996. On July 2, 1996, the Commission will make available to 
parties all information on which they have not had opportunity to 
comment. Parties may submit final comments on this 

[[Page 4682]]
information on or before July 5, 1996, but such final comments must not 
contain new factual information, or comment on information disclosed 
prior to the filing of posthearing briefs, and must otherwise comply 
with section 207.29 of the Commission's rules. All written submissions 
must conform with the provisions of section 201.8 of the Commission's 
rules; any submissions that contain BPI must also conform with the 
requirements of sections 201.6, 207.3, and 207.7 of the Commission's 
rules.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
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 title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.20 of the Commission's rules.

    By order of the Commission.

    Issued: January 31, 1996.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-2577 Filed 2-6-96; 8:45 am]
BILLING CODE 7020-02-P