[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Notices]
[Pages 38546-38547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18704]


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DEPARTMENT OF COMMERCE
[C-489-806]


Notice of Countervailing Duty Order: Certain Pasta (``Pasta'') 
From Turkey

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: July 24, 1996.

FOR FURTHER INFORMATION CONTACT: Elizabeth Graham, Import 
Administration, U.S. Department of Commerce, Room 3099, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
4105.

Case History

    On June 14, 1996, the Department of Commerce (``the Department'') 
published its final determination in the countervailing duty 
investigation of pasta from Turkey (61 FR 30366). On July 17, 1996, the 
International Trade Commission (``ITC'') notified the Department of its 
final determination that an industry in the United States suffered 
material injury as a result of subsidized imports of pasta from Turkey.

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 (``the Act'') 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,

[[Page 38547]]

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 
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 
investigation is dispositive.

Countervailing Duty Order

    On July 17, 1996, pursuant to section 705(d) of the Act, the ITC 
notified the Department that an industry in the United States is 
materially injured by imports of the subject merchandise from Turkey 
within the meaning of section 705(b)(1)(A) of the Act. Therefore, 
countervailing duties will be assessed on all unliquidated entries of 
pasta from Turkey entered or withdrawn from warehouse for consumption 
on or after October 17, 1995, the date on which the Department 
published its preliminary countervailing duty determination in the 
Federal Register, and before February 14, 1996, the date the Department 
instructed the U.S. Customs Service to terminate the suspension of 
liquidation in accordance with section 703(d) of the Act, and on all 
entries and withdrawals made on or after the date of publication of 
this countervailing duty order in the Federal Register. Section 703(d) 
states that the suspension of liquidation pursuant to a preliminary 
determination may not remain in effect for more than four months. 
Entries of pasta made on or after February 14, 1996, and prior to the 
date of publication of this order in the Federal Register are not 
liable for the assessment of countervailing duties due to the 
Department's termination, effective February 14, 1996, of the 
suspension of liquidation.
    In accordance with section 706 of the Act, the Department will 
direct U.S. Customs officers to reinstitute suspension of liquidation 
and to assess, upon further advice by the administering authority 
pursuant to section 706(a)(1) of the Act, countervailing duties for 
each entry of the subject merchandise in an amount based on the net 
countervailable subsidy rate for the subject merchandise.
    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 on this merchandise, 
a cash deposit equal to the countervailable subsidy rates noted below. 
The All Others rate applies to all producers and exporters of pasta 
from Turkey not specifically listed below. The cash deposit rates are 
as follows:

------------------------------------------------------------------------
                                                                   Cash 
                            Company                              deposit
                                                                   rate 
------------------------------------------------------------------------
Filiz Gida Sanayi ve Ticaret...................................     3.87
Maktas Makarnacilik ve Ticaret.................................    12.61
Oba Makarnacilik Sanayi ve Ticaret.............................    15.82
All Others.....................................................     9.38
------------------------------------------------------------------------

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 355.34(d). Timely written notification of 
return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    This notice constitutes the countervailing duty order with respect 
to pasta from Turkey. Interested parties may contact the Central 
Records Unit, Room B-099 of the Main Commerce Building, for copies of 
an updated list of countervailing duty orders currently in effect.
    This countervailing duty order is published in accordance with 
section 706(a) of the Act.

    Dated: July 17, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-18704 Filed 7-23-96; 8:45 am]
BILLING CODE 3510-DS-P