[Federal Register Volume 66, Number 222 (Friday, November 16, 2001)]
[Notices]
[Pages 57703-57704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28757]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-810, C-475-819, A-489-805, C-489-806, A-588-838]


Continuation of Countervailing and Antidumping Duty Orders: Pasta 
from Italy and Turkey, and Clad Steel Plate From Japan

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

ACTION: Notice of continuation of Countervailing and Antidumping Duty 
Orders: Pasta from Italy and Turkey, and Clad Steel Plate from Japan.

-----------------------------------------------------------------------

SUMMARY: The Department of Commerce (``the Department''), pursuant to 
sections 751(c) of the Tariff Act of 1930, as amended (``the Act''), 
determined that revocation of the countervailing and antidumping duty 
orders on certain pasta (``pasta'') from Italy and Turkey, and the 
antidumping duty order on clad steel plate from Japan, would be likely 
to lead to continuation or recurrence of a countervailable subsidy or 
dumping.\1\ On November 2, 2001, the International Trade Commission 
(``the Commission''), pursuant to section 751(c) of the Act, determined 
that revocation of the countervailing and the antidumping duty orders 
on pasta from Italy and Turkey, and antidumping duty order on clad 
steel plate from Japan would be likely to lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time (66 FR 55697). Therefore, pursuant 
to 751(d)(2) of the Act and 19 CFR 351.218(f)(4), the Department is 
publishing this notice of the continuation of the countervailing and 
antidumping duty orders on pasta from Italy and Turkey, and antidumping 
duty order on clad steel plate from Japan.
---------------------------------------------------------------------------

    \1\ Final Results of Expedited Sunset Reviews: Certain Pasta 
From Italy and Turkey, 66 FR 51015 (October 5, 2001). Final Results 
of Sunset Review: Countervailing Duty Order on Certain Pasta From 
Italy, 66 FR 51640 (October 10, 2001). Final Results of Expedited 
Sunset Review: Countervailing Duty Order on Certain Pasta From 
Turkey, 66 FR 51019 (October 5, 2001). Final Results of Expedited 
Sunset Review; Clad Steel Plate From Japan, 66 FR 51007 (October 5, 
2001).

---------------------------------------------------------------------------
EFFECTIVE DATE: November 16, 2001.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Office of Policy 
for Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Ave., NW., 
Washington, DC 20230; telephone: (202) 482-5050.

SUPPLEMENTARY INFORMATION:

[[Page 57704]]

Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the Tariff Act of 1930 (the Act). In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
to the current regulations, codified at 19 CFR part 351 (2001).

Background

    On June 1, 2001, the Department initiated (66 FR 29771), and the 
Commission instituted (66 FR 29771), sunset reviews of the 
countervailing and the antidumping duty orders on pasta from Italy and 
Turkey, and antidumping duty order on clad steel plate from Japan 
pursuant to section 751(c) of the Act. As a result of these reviews, 
the Department found that revocation of the countervailing and 
antidumping duty orders would be likely to lead to continuation or 
recurrence of a countervailable subsidy or dumping, and notified the 
Commission of the magnitude of the margins likely to prevail were the 
orders revoked.\2\
---------------------------------------------------------------------------

    \2\ Final Results of Expedited Sunset Reviews: Certain Pasta 
From Italy and Turkey, 66 FR 51015 (October 5, 2001). Final Results 
of Sunset Review: Countervailing Duty Order on Certain Pasta From 
Italy, 66 FR 51640 (October 10, 2001), Final Results of Expedited 
Sunset Review: Countervailing Duty Order on Certain Pasta From 
Turkey, 66 FR 51019 (October 5, 2001). Final Results of Expedited 
Sunset Review: Clad Steel Plate From Japan, 66 FR 51007 (October 5, 
2001).
---------------------------------------------------------------------------

    On November 2, 2001, the Commission determined, pursuant to section 
751(c) of the Act, that revocation of the countervailing and 
antidumping duty orders on pasta from Italy and Turkey, would be likely 
to lead to continuation or recurrence of material injury to an industry 
in the United States within a reasonably foreseeable time.\3\
---------------------------------------------------------------------------

    \3\ See USITC Publication 3462, (October 2001), Investigations 
Nos. 701-TA-365-366 (Review) and 731-TA-734-735 (Review)(66 FR 
55697).
---------------------------------------------------------------------------

Scope of Orders

Italy and Turkey: Pasta
    The scope of the order covers shipments of certain non-egg dry 
pasta in packages of five 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, 
diastasis, vitamins, coloring and flavorings, and up to two percent egg 
white. Pasta covered by this order is typically sold in the retail 
market, in fiberboard or cardboard cartons or polyethylene or 
polypropylene bags, of varying dimensions. Excluded from the order on 
pasta from Turkey and Italy 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. Excluded from the order 
on pasta from Italy are imports of organic pasta from Italy that are 
accompanied by the appropriate certificate issued by the Istituto 
Mediterraneo Di Certificazione (``IMC''), by Bioagricoop Scrl, by QC&I 
International Services, by Ecocert Italia, by the Conzorzio per il 
Controllo dei Prodotti Biologici, or by the Associazione Italiana per 
l'Agricoltura Biologica.
    The subject merchandise is currently classifiable under subheading 
1902.19.20 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). Although the HTSUS subheading is provided for convenience 
and Customs purposes, our written description of the scope of these 
orders is dispositive.
Japan: Clad Steel Plate
    The scope of the order is all clad steel plate of a width of 600 
millimeters (``mm'') or more and a composite thickness of 4.5 mm or 
more. Clad steel plate is a rectangular finished steel mill product 
consisting of a layer of cladding material (usually stainless steel or 
nickel) which is metallurgically bonded to a base or backing of ferrous 
metal (usually carbon or low alloy steel) where the latter predominates 
by weight. Cladding is the association of layers of metals of different 
colors or natures by molecular interpenetration of the surfaces in 
contact. This limited diffusion is characteristic of clad products and 
differentiates them from products metalized in other manners (i.e., by 
normal electroplating). The various cladding processes include pouring 
molten cladding metal onto the basic metal followed by rolling; simple 
hot-rolling of the cladding metal to ensure efficient welding to the 
basic metal; any other method of deposition of superimposing of the 
cladding metal followed by any mechanical or thermal process to ensure 
welding (i.e., electrocladding), in which the cladding metal (nickel, 
Chromium, etc.) is applied to the basic metal by electroplating, 
molecular interpenetration of the surfaces in contact then being 
obtained by heat treatment at the appropriate temperature with 
subsequent cold rolling. See Harmonized Commodity Description and 
Coding System Explanatory Notes, Chapter 72, General Note 
(IV)(C)(2)(e). Stainless clad steel plate is manufactured to American 
Society for Testing and Materials (``ASTM'') specifications A263 (400 
series stainless types) and A264 (300 series stainless types). Nickel 
and nickel-base alloy clad steel plate is manufactured to ASTM 
specification A265. These specifications are illustrative but not 
necessarily all-inclusive. Clad steel plate within the scope of this 
order is classifiable under the Harmonized Tariff Schedule of the 
United States (``HTSUS'') 7210.90.10.00. Although the HTSUS subheading 
is provided for convenience and Customs purposes, our written 
description of the scope of these orders is dispositive.

Determinations

    As a result of the determinations by the Department and the 
Commission that revocation of the countervailing and antidumping duty 
orders would be likely to lead to continuation or recurrence of a 
countervailable subsidy or dumping, and material injury, to an industry 
in the United States, pursuant to section 751(d)(2) of the Act, the 
Department hereby orders the continuation of the countervailing and 
antidumping duty orders on pasta from Italy and Turkey, and the 
antidumping duty order on clad steel plate from Japan. The effective 
date of continuation of these orders will be the date of publication in 
the Federal Register of this notice of continuation. Pursuant to 
section 751(c)(2) of the Act, the Department intends to initiate the 
next five-year review of these orders not later than October 2006.

    Dated: November 9, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-28757 Filed 11-15-01; 8:45 am]
BILLING CODE 3510-DS-P