[Federal Register Volume 66, Number 79 (Tuesday, April 24, 2001)]
[Notices]
[Pages 20636-20637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10151]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Notice of Amended Final Results of Antidumping Duty 
Administrative Review: Certain Pasta From Italy

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

ACTION: Notice of Amendment to final results of antidumping duty 
administrative review in accordance with decision upon remand: Certain 
Pasta from Italy.

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SUMMARY: We are amending the cash deposit and assessment rates for 
imports of pasta from Arrighi S.p.A. Industrie Alimentari (Arrighi) and 
Barilla Alimentare, S.p.A. (Barilla) and the assessment rate for La 
Molisana Industrie Alimentari, S.p.A. (La Molisana) calculated for the 
January 19, 1996, through June 30, 1997, administrative review of this 
order. The cash deposit rate for La Molisana was not affected by the 
litigation. The revised cash deposit rate for Arrighi is 19.09 percent 
ad valorem and for Barilla is 45.49 percent ad valorem.

EFFECTIVE DATE: April 24, 2001.

FOR FURTHER INFORMATION CONTACT: James Terpstra, AD/CVD Enforcement, 
Office VI, Group II, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution

[[Page 20637]]

Avenue, N.W., Washington, DC 20230; telephone (202) 482-3965.

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act. In addition, unless otherwise 
indicated, all citations to the Department of Commerce's (Department's) 
regulations are to 19 CFR Part 351 (1997).

SUPPLEMENTARY INFORMATION:

Background

    On June 26, 2000, the United States Court of International Trade 
(CIT) remanded to the Department the final results in the January 19, 
1996, through June 30, 1997, antidumping duty administrative review of 
certain pasta from Italy. See World Finer Foods, Inc., et al. v. United 
States, 886 F. Supp. 23 (CIT 2000) (see also Notice of Final Results 
and Partial Rescission of Antidumping Duty Administrative Review; 
Certain Pasta from Italy, 64 FR 6615 (February 10, 1999)). In its 
remand, the CIT instructed the Department to reconsider the information 
provided by World Finer Foods, Inc., and determine an appropriate facts 
available rate for Arrighi. The CIT further instructed the Department 
to consider information submitted by La Molisana that would identify 
the name of the importer of record for certain U.S. sales transactions 
reported by La Molisana and to recalculate the applicable assessment 
rates for La Molisana. With regard to Barilla, the CIT instructed the 
Department to determine a margin that, although adverse, bears a 
``rational relationship'' to the current level of dumping in the 
industry and provide corroboration explaining the probative value of 
the data used in determining the adverse facts available margin. On 
September 15, 2000, the Department filed its results of redetermination 
pursuant to the CIT's order. On November 3, 2000, the CIT affirmed the 
final revised remand determination in World Finer Foods, Inc., et al. 
v. United States, 120 F. Supp.2d 1331.
    In light of the final and conclusive court decision in this action, 
we are amending the cash deposit rate for Arrighi from 71.49 percent to 
19.09 percent ad valorem and the cash deposit rate for Barilla from 
71.49 percent to 45.49 percent ad valorem. In addition, we are amending 
the assessment rates for merchandise produced by Arrighi and imported 
by World Finer Foods, Inc., and the merchandise produced by La Molisana 
and Barilla.

Amended Final Determination

    As there is now a final and conclusive court decision in this 
action, we are amending the final results of the administrative review 
on certain pasta from Italy covering the period January 19, 1996, 
through June 30, 1997, pursuant to section 516A(e) of the Act. As a 
result of this remand redetermination, the recalculated final weighted-
average margins are as follows:

------------------------------------------------------------------------
                                                               Margin
                   Manufacturer/producer                     percentage
------------------------------------------------------------------------
Arrighi...................................................         10.09
Barilla...................................................         45.49
------------------------------------------------------------------------

    The cash deposit rates for Arrighi of 19.09% ad valorem and for 
Barilla of 45.49% ad valorem will be effective upon publication of this 
notice of amended final results on all shipments of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the publication date. The cash deposit rate for La Molisana will 
continue to be based on the margins found to exist in the most recently 
completed review.
    Accordingly, the Department will determine, and the Customs Service 
will assess, antidumping duties on all entries of subject merchandise 
from Arrighi, Barilla, and La Molisana during the period January 19, 
1996, through June 30, 1997, in accordance with these amended final 
results. For Barilla, this decision also affects the enjoined entries 
for the period July 1, 1998, through June 30, 1999. In accordance with 
19 CFR 351.212(b), we have calculated exporter/importer-specific 
assessment rates by aggregating the dumping margins for all U.S. sales 
to each importer and dividing the amount by the total entered value of 
the sales to that importer. Where the importer-specific assessment rate 
is above de miminis, we will instruct Customs to assess antidumping 
duties on that importer's entries of subject merchandise. We will 
direct Customs to assess the resulting percentage margins against the 
entered Customs values for the subject merchandise on each of that 
importer's entries under the order during the period of review.
    These amended final results and notice are in accordance with 
sections 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 
351.221. Effective January 20, 2001, Bernard T. Carreau is fulfilling 
the duties of the Assistant Secretary for Import Administration.

    Dated: April 17, 2001.
Bernard T. Carreau,
Deputy Assistant Secretary, Import Administration.
[FR Doc. 01-10151 Filed 4-23-01; 8:45 am]
BILLING CODE 3510-DS-P