[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Notices]
[Page 38473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18794]


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


Certain Pasta From Italy and Turkey

Determinations

    On the basis of the record 1 developed in the subject 
investigations, the Commission determines,2 pursuant to section 
705(b) of the Tariff Act of 1930 (the Act),3 that an industry in 
the United States is materially injured by reason of imports from Italy 
and Turkey of certain pasta 4 that have been found by the 
Department of Commerce to be subsidized by the Governments of Italy and 
Turkey.
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     1  The record is defined in section 207.2(f) of the 
Commission's Rules of Practice and Procedure (19 CFR Sec. 207.2(f)).
     2  Commissioner Watson dissenting.
     3  19 USC Sec. 1671d(b).
     4  The imported product subject to these investigations, 
``certain pasta,'' as defined by the U.S. Department of Commerce 
(``Commerce''), consists of dry non-egg 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. 
The pasta is typically sold in the retail market, in fiberboard or 
cardboard cartons or polyethylene or polypropylene bags of varying 
dimensions. Certain pasta is described by Commerce as being 
classified in subheading 1902.19.20 of the Harmonized Tariff 
Schedule of the United States (HTS). Excluded from the scope of 
these investigations 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. Also excluded from the 
scope of the investigations concerning Italy are imports of dry 
organic pasta that are accompanied by the appropriate certificate 
issued by the Associazione Marchigiana Agricultura Biologica (AMAB).
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    On the basis of the record developed in the subject investigations, 
the Commission also determines,5 pursuant to section 735(b) of the 
Act,6 that an industry in the United States is materially injured 
by reason of imports from Italy and Turkey of certain pasta that have 
been found by the Department of Commerce to be sold in the United 
States at less than fair value (LTFV).
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     5  Commissioner Watson dissenting.
     6  19 USC Sec. 1673d(b).
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Background

    The Commission instituted these investigations effective October 
17, 1995, and January 17, 1996, following preliminary determinations by 
the Department of Commerce that imports of certain pasta from Italy and 
Turkey were being subsidized within the meaning of section 703(b) of 
the Act,7 and were being sold at LTFV within the meaning of 
section 733(b) of the Act.8
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     7  19 USC. Sec. 1671b(b).
     8  19 USC Sec. 1673b(b).
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    Notice of the institution of the Commission's investigations and of 
a public hearing to be held in connection therewith was given by 
posting copies of the notices in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notices in the Federal Register of November 28, 1995, and February 7, 
1996.9 The hearing was held in Washington, DC, on June 5, 1996, 
and all persons who requested the opportunity were permitted to appear 
in person or by counsel.
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     9  60 FR 58638 and 61 FR 4681.
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    The Commission transmitted its determinations in these 
investigations to the Secretary of Commerce on July 17, 1996. The views 
of the Commission are contained in USITC Publication 2977 (July 1996), 
entitled ``Certain Pasta from Italy and Turkey: Investigations Nos. 
701-TA-365-366 (Final) and 731-TA-734-735 (Final).''

    Issued: July 19, 1996.
    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-18794 Filed 7-23-96; 8:45 am]
BILLING CODE 7020-02-P