[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Notices]
[Pages 38545-38546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18703]


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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