[Federal Register Volume 62, Number 240 (Monday, December 15, 1997)]
[Notices]
[Pages 65673-65674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32694]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-475-818]


Certain Pasta From Italy; Notice of Court Decision

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

ACTION: Notice.

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SUMMARY: On October 2, 1997, in the case of De Cecco et al. v. United 
States et al., Slip Op. 97-143 (``De Cecco''), the United States Court 
of International Trade (the CIT) granted plaintiffs' and plaintiff-
intervenors' motions for judgment with respect to the extension by the 
United States Department of Commerce (``Department'') of provisional 
antidumping measures for the period May 19, 1996 through July 24, 1996. 
On October 23, 1997, the CIT ordered the Department to issue 
appropriate instructions to the U.S. Customs Service to implement its 
October 2, 1997, decision to grant judgment to plaintiffs and 
plaintiff-intervenors.

EFFECTIVE DATE: November 3, 1997.

FOR FURTHER INFORMATION CONTACT: Edward Easton or John Brinkmann, at

[[Page 65674]]

(202) 482-1777 or (202) 482-5288, respectively, Office of AD/CVD 
Enforcement II, Import Administration, International Trade 
Administration, 14th Street and Constitution Avenue, NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    On June 14, 1996, the Department published its final determination 
of sales at less than fair value in the antidumping duty investigation 
of certain pasta from Italy. On July 24, 1996, the Department published 
an amended final determination. Subsequently, De Cecco, et al., filed 
lawsuits with the Court challenging the extension of provisional 
measures described above. On October 2, 1997, the CIT issued its 
opinion granting plaintiffs' and plaintiff-intervenors' motions. In its 
opinion, the CIT found that the Department had improperly extended the 
provisional measures period, as there had not been a proper request 
from exporters to extend this period. On October 23, 1997, the CIT 
directed the Department to issue instructions to implement its 
decision.
    In its decision in Timken Co. v. United States, 893 F.2d 337 (Fed. 
Cir. 1990) (``Timken''), the United States Court of Appeals for the 
Federal Circuit held that, pursuant to 19 U.S.C. 1516a(e), the 
Department must publish a notice of a court decision that is not ``in 
harmony'' with a Department determination, and must suspend liquidation 
of entries pending a ``conclusive'' court decision. The decision of the 
CIT in De Cecco constitutes a decision not in harmony with the 
Department's final determination. This notice fulfills the publication 
requirements of Timken.
    Absent an appeal, or, if appealed, upon a ``conclusive'' court 
decision affirming the CIT's judgment, the Department will direct the 
U.S. Customs Service to: (1) Lift the suspension of liquidation, 
release any bonds or other security posted, and refund any and all cash 
deposits paid as estimated antidumping duties on any and all entries of 
the subject merchandise which were produced by the following producers:

F.lli Ce Cecco di Filippo San Martino S.p.A.
Rummo S.p.A. Molina e Pastificio
La Molisana Industrie Alimentari S.p.A.
Pastificio Fratelli Pagani S.p.A.
Industria Alimentari Colavita S.p.A.

or imported by the following importers:

Agrusa, Inc.
Bel Canto Fancy Foods, Ltd.
Cento Fine Foods, Inc. (Alanric Food Distributors)
George De Lallo Co., Inc.
Domil, Inc.
Ferrara Food Co., Inc.
Gourmet Award Foods
I.T. & M, Inc.
Italfoods, Inc.
La Pace Imports, Ltd.
Med-USA Corporation
Musco Food Corp.
The Pastene Companies, Ltd.
Rienzi & Sons
Ron-Son Mushroom Products, Inc.
Santini Foods, Inc.
Sinco, Inc.
World Finer Foods, Inc

and were entered, or withdrawn from warehouse for consumption, after 
May 18, 1996, and before July 24, 1996; and (2) liquidate those entries 
without regard to any antidumping duty; and (3) pay any such refunds of 
cash deposits in accordance with law, including interest, from the date 
of entry at the rate(s) as announced from time to time by the Customs 
Service pursuant to Title 19, United States Code, Section 1505(c). 
Liquidation of such entries is suspended pending final and conclusive 
disposition.

    Dated: December 5, 1997.
Richard W. Moreland,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 97-32694 Filed 12-12-97; 8:45 am]
BILLING CODE 3510-DS-P