Federal Register / Vol. 61, No. 143 / Wednesday, July 24, 1996 / Notices 38545

States Customs officers to reinstate Register without regard to Applicable Statute and Regulations suspension of liquidation an to assess, countervailing duties. Additionally, we upon further advice by the are instructing the U.S. Customs Service Unless otherwise indicated, all administering authority pursuant to that any cash deposit or bond collected citations to the statute are references to section 706(a)(1) of the Act, with respect to countervailing duties on the provisions effective January 1, 1995, countervailing duties for each entry of pasta from Barilla should be released or the effective date of the amendments the subject merchandise in an amount refunded. Gruppo was assigned a zero made to the Tariff Act of 1930 by the based on the net countervailable margin in our preliminary Uruguay Round Agreements Act subsidy rate for the subject determination, and, accordingly, was (URAA). merchandise. excluded from the suspension of Amended Final Determination On or after the date of publication of liquidation which resulted from our this notice in the Federal Register, U.S. preliminary determination. In accordance with section 735(a) of Customs officers must require, at the This notice serves as a reminder to the Tariff Act of 1930, as amended (the same time as importers would normally parties subject to administrative Act), on June 3, 1996, the Department deposit estimated duties on this protective order (APO) of their made its final determination that certain merchandise, a cash deposit equal to the responsibility concerning the pasta (pasta) from Turkey is being, or is countervailable subsidy rates as noted disposition of proprietary information likely to be, sold in the United States at below. The ad valorem countervailable disclosed under APO in accordance less than fair value (61 FR 30309 (June subsidy rates are as follows: with 19 CFR 355.34(d). Timely written 14, 1996)) (Final Determination). notification of return/destruction of Subsequent to the final determination, Ad valo- APO materials or conversion to judicial Company rem rate we received a submission, timely filed protective order is hereby requested. pursuant to 19 CFR 353.28(b), from Agritalia, S.r.l...... 2.55 Failure to comply with the regulations Borden, Inc., Hershey Foods Corp., and Arrighi S.p.A. Industrie Alimentari 2.44 and the terms of an APO is a Gooch Foods, Inc. (collectively the Barilla G. e R. F.lli S.p.A...... 0.65 sanctionable violation. petitioners) alleging a ministerial error De Matteis Agroalimentare S.p.A. 2.47 This notice constitutes the in the Department’s final determination Delverde, S.r.l...... 5.90 countervailing duty order with respect for Maktas Makarnicilik ve Ticaret F.lli De Cecco di Filippo Fara S. to pasta from Italy. Interested parties Martino S.p.A...... 3.37 T.A.S. (Maktas). Maktas submitted Gruppo Agricoltura Sana S.r.L. .... 0.00 may contact the Central Records Unit, comments on the petitioners’ ministerial Industria Alimentare Colavita, room B–099 of the main Commerce error allegation on June 20, 1996. In S.p.A...... 2.04 Building, for copies of an updated list addition, Maktas submitted a ministerial Isola del Grano S.r.L...... 11.23 of countervailing duty orders currently error allegation on July 2, 1996. Italpast S.p.A...... 11.23 in effect. We determine, in accordance with Italpasta S.r.L...... 2.44 This notice of amendment of final La Molisana Alimentari S.p.A., ..... 4.17 section 735(e) of the Act, that determination and countervailing duty ministerial errors were made in our Labor S.r.L...... 11.23 order is published in accordance with Molino e Pastificio De Cecco margin calculation for Maktas. S.p.A. Pescara ...... 3.37 sections 705 (d) and (e) and 706(a) of the Specifically, we erroneously did not Pastificio Guido Ferrara ...... 1.21 Act. revise Maktas’s reported cost of Dated: July 17, 1996. Pastificio Campano, S.p.A...... 2.59 production (COP) and constructed value Pastificio Riscossa F.lli Robert S. LaRussa, (CV) to include certain depreciation Mastromauro S.r.L...... 6.91 Acting Assistant Secretary for Import expenses which the Department Tamma Industrie Alimentari di Administration. Capitanata ...... 5.90 determined were excluded improperly [FR Doc. 96–18702 Filed 7–23–96; 8:45 am] All Others ...... 3.85 by Maktas. Further, we incorrectly BILLING CODE 3510±DS±P calculated these depreciation expenses. The ‘‘All Others’’ rate applies to all Additionally, in preparing the exporters and producers of pasta from [A±489±805] recalculation for the ministerial errors Italy not specifically listed. described above, we noted a minor Since the estimated net Notice of Antidumping Duty Order and inadvertent error in the programming countervailable subsidy rate for Barilla Amended Final Determination of Sales for Maktas which constitutes a G. e R. F.lli S.p.A. (‘‘Barilla’’) and at Less Than Fair Value: Certain Pasta ministerial error within the meaning of Gruppo Agricoltura Sana S.r.L. From Turkey section 735(e) of the Act. Although not (‘‘Gruppo’’) is either zero or de minimis, noted by other parties, we are correcting these companies are excluded from the AGENCY: Import Administration, this error for Maktas. For a detailed application of the countervailing duty International Trade Administration, discussion of the above-cited ministerial order on pasta from Italy. Pursuant to Department of Commerce. errors and the Department analysis, see section 705(c)(3) of the Act, we are EFFECTIVE DATE: July 24, 1996. Memorandum from Case Analysts to instructing the U.S. Customs Service to FOR FURTHER INFORMATION CONTACT: John Barbara R. Stafford, dated June 27, 1996 liquidate all pasta from Italy entered or Brinkmann at (202) 482–5288, Jennifer and Memorandum from William H. withdrawn from warehouse for Katt at (202) 482–0498, or Sunkyu Kim Jones to Christian B. Marsh dated July consumption by Barilla between at (202) 482–2613, Office of 15, 1996. In accordance with 19 CFR October 17, 1995 and February 14, 1996, Antidumping/Countervailing Duty 353.28(c), we are amending the final and to proceed with liquidation of Enforcement, Import Administration, determination of the antidumping duty merchandise from Barilla and Gruppo International Trade Administration, investigation of pasta from Turkey to which enter the United States on or after U.S. Department of Commerce, 14th correct these ministerial errors. The the date of publication of this Street and Constitution Avenue, N.W., revised final weighted-average dumping countervailing duty order in the Federal Washington, D.C. 20230. margins are as follows: 38546 Federal Register / Vol. 61, No. 143 / Wednesday, July 24, 1996 / Notices

Origi- Re- of the Act, antidumping duties equal to De- nal vised the amount by which the normal value Manufacturer/producer/exporter posit Manufacturer/producer/ margin margin of the merchandise exceeds the export rate exporter per- per- price for all entries of pasta from cent- cent- All Others ...... 51.49 age age Turkey. These antidumping duties will be assessed on all unliquidated entries This notice constitutes the Filiz ...... 63.29 63.29 of pasta from Turkey entered, or antidumping duty order with respect to Maktas ...... 56.87 60.87 withdrawn from warehouse, for pasta from Turkey, pursuant to section All Others ...... 56.87 60.87 consumption on or after January 19, 736(a) of the Act. Interested parties may 1996, the date on which the Department contact the Central Records Unit, Room Scope of Order published its preliminary determination B–099 of the Main Commerce Building, The scope of this order consists of notice in the Federal Register (61 FR for copies of an updated list of certain non-egg dry pasta in packages of 1347). antidumping duty orders currently in five pounds (or 2.27 kilograms) or less, On or after the date of publication of effect. whether or not enriched or fortified or this notice in the Federal Register, U.S. This order is published pursuant to containing milk or other optional Customs officers must require, at the section 736(a) of the Act (19 U.S.C. ingredients such as chopped vegetables, same time as importers would normally 1673e(a)) and 19 CFR 353.21. vegetable purees, milk, gluten, diastases, deposit estimated duties, the following Dated: July 17, 1996. vitamins, coloring and flavorings, and cash deposits for the subject up to two percent egg white. The pasta merchandise: Robert S. LaRussa, covered by this scope is typically sold Acting Assistant Secretary for Import in the retail market, in fiberboard or Re- Administration. cardboard cartons or polyethylene or vised [FR Doc. 96–18703 Filed 7–23–96; 8:45 am] margin polypropylene bags, of varying Manufacturer/producer/exporter BILLING CODE 3510±DS±P dimensions. per- cent- Excluded from the scope of this order age are refrigerated, frozen, or canned [C±489±806] pastas, as well as all forms of egg pasta, Filiz ...... 63.29 with the exception of non-egg dry pasta Maktas ...... 60.87 Notice of Countervailing Duty Order: containing up to two percent egg white. All Others ...... 60.87 Certain Pasta (``Pasta'') From Turkey In the companion countervailing and AGENCY: Import Administration, antidumping duty investigations Article VI(5) of the General International Trade Administration, involving pasta from Italy, we have Agreement on Tariffs and Trade (1947) Department of Commerce. excluded imports of organic pasta that prohibits assessing dumping duties on EFFECTIVE DATE: July 24, 1996. are accompanied by the appropriate the portion of the margin attributable to FOR FURTHER INFORMATION CONTACT: certificate issued by the Associazione an export subsidy. In this case, the Elizabeth Graham, Import Marchigiana Agricultura Biologica product under investigation is subject to Administration, U.S. Department of (AMAB) or by Bioagricoop scrl. The a countervailing duty investigation (see Commerce, Room 3099, 14th Street and Department has determined that AMAB Final Affirmative Countervailing Duty Constitution Avenue, NW., Washington, and Bioagricoop scrl are legally Determination: Certain Pasta from DC 20230; telephone (202) 482–4105. authorized to certify foodstuffs as Turkey (61 FR 30288) (June 14, 1996)). organic for the Government of Italy Therefore, for all entries of pasta from Case History (GOI). If certification procedures similar Turkey, entered or withdrawn from On June 14, 1996, the Department of to those implemented by the GOI are warehouse for consumption made on or established by the Government of Commerce (‘‘the Department’’) after the date on which the order in the published its final determination in the Turkey for exports of organic pasta to companion countervailing duty the United States, we would consider an countervailing duty investigation of investigation is published in the Federal pasta from Turkey (61 FR 30366). On exclusion for organic pasta at that time. Register, we will request for duty The merchandise under investigation July 17, 1996, the International Trade deposit purposes, that United States is currently classifiable under item Commission (‘‘ITC’’) notified the Customs deduct the portion of the 1902.19.20 of the Harmonized Tariff Department of its final determination margin attributable to the export Schedule of the United States (HTSUS). that an industry in the United States subsidy from the countervailing duty Although the HTSUS subheadings are suffered material injury as a result of investigation. As discussed in the Final provided for convenience and customs subsidized imports of pasta from Determination, Filiz’s margin is based purposes, our written description of the Turkey. scope of this investigation is dispositive. on total adverse facts available, taken from the petition. Insofar as the Applicable Statute and Regulations Antidumping Duty Order dumping margin for Filiz is not a Unless otherwise indicated, all On July 17, 1996, in accordance with calculated margin, we have not citations to the statute are references to section 735(d) of the Act, the U.S. subtracted the amount for any export the provisions effective January 1, 1995, International Trade Commission (ITC) subsidy from that margin. The cash the effective date of the amendments notified the Department that the U.S. deposit rates for antidumping purposes made to the Tariff Act of 1930 (‘‘the pasta industry is materially injured by will be as follows: Act’’) by the Uruguay Round imports of pasta from Turkey. Therefore, Agreements Act (‘‘URAA’’). in accordance with section 736 of the De- Manufacturer/producer/exporter posit Scope of Order Act, the Department will direct United rate States Customs officers to assess, upon The scope of this order consists of further advice by the administering Filiz ...... 63.29 certain non-egg dry pasta in packages of authority pursuant to section 736(a)(1) Maktas ...... 48.26 five pounds (or 2.27 kilograms) or less,