[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)] [Notices] [Pages 68257-68258] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-34138] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-475-818] Certain Pasta From Italy; Correction of Notice of Court Decision AGENCY: International Trade Administration, Import Administration, Department of Commerce. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: On December 15, 1997, the Department published a Notice in the Federal Register (62 FR 65673) concerning a decision of the United States Court of International Trade (CIT) in the case of De Cecco et al. v. United States et al. (Slip Op. 97-143, October 23, 1997). The notice indicated that absent an appeal of this decision, or, if the decision were to be appealed, upon a ``conclusive'' court decision affirming the CIT's judgment, the Department would implement the CIT's determination with respect to entries of merchandise produced or imported by firms enumerated in the notice. Barilla Alimentari S.p.A., a party to the litigation, should have been listed as a producer in the notice, but was not. The corrected notice appears below. EFFECTIVE DATE: November 3, 1997. FOR FURTHER INFORMATION CONTACT: Edward Easton or John Brinkmann, at (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 were produced by the following producers-- F.lli De Cecco di Filippo Fara 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., Barilla Alimentari S.p.A, and 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., [[Page 68258]] 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., and 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 23, 1997. Richard W. Moreland, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 97-34138 Filed 12-30-97; 8:45 am] BILLING CODE 3510-DS-P