Federal Register/Vol. 64, No. 27/Wednesday
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Federal Register / Vol. 64, No. 27 / Wednesday, February 10, 1999 / Notices 6615 This notice also serves as the only Applicable Statute and Regulations in packages of five pounds (2.27 reminder to parties subject to Unless otherwise indicated, all kilograms) or less, whether or not administrative protective order (APO) of citations to the statute are references to enriched or fortified or containing milk their responsibility concerning the the provisions effective January 1, 1995, or other optional ingredients such as disposition of proprietary information the effective date of the amendments chopped vegetables, vegetable purees, disclosed under APO in accordance made to the Tariff Act of 1930 (the Act) milk, gluten, diastases, vitamins, with 19 CFR 353.34(d) of the by the Uruguay Round Agreements Act coloring and flavorings, and up to two Department's regulations. Timely (``URAA''). In addition, unless percent egg white. The pasta covered by notification of return/destruction of otherwise indicated, all citations to the this scope is typically sold in the retail APO materials or conversion to judicial Department of Commerce's (``the market, in fiberboard or cardboard protective order is hereby requested. Department's'') regulations refer to the cartons or polyethylene or Failure to comply with the regulations regulations codified at 19 CFR Part 351, polypropylene bags, of varying and the terms of an APO is a as published in the Federal Register on dimensions. sanctionable violation. May 19, 1997 (62 FR 27296). Excluded from the scope of this This administrative review and notice review are refrigerated, frozen, or are in accordance with sections Case History canned pastas, as well as all forms of 751(a)(1) and 777(i)(1) of the Act. This review covers the following egg pasta, with the exception of non-egg manufacturers/exporters of merchandise dry pasta containing up to two percent Dated: February 3, 1999. egg white. Also excluded are imports of Robert S. LaRussa, subject to the antidumping duty order on certain pasta from Italy: (1) Arrighi organic pasta from Italy that are Assistant Secretary for Import S.p.A. Industrie Alimentari (``Arrighi''); accompanied by the appropriate Administration. (2) Barilla Alimentari S.r.L. (``Barilla''); certificate issued by the Instituto [FR Doc. 99±3279 Filed 2±9±99; 8:45 am] (3) F. lli De Cecco di Filippo Fara S. Mediterraneo Di Certificazione (IMC), BILLING CODE 3510±DS±P Martino S.p.A. (``De Cecco''); (4) by Bioagricoop Scrl, by QC&I Industria Alimentari Colavita S.p.A. International Services or by Ecocert (``Indalco''); (5) La Molisana Industrie Italia. DEPARTMENT OF COMMERCE Alimentari S.p.A. (``La Molisana''); (6) The merchandise subject to review is currently classifiable under item [International Trade Administration] Pastificio Fratelli Pagani S.p.A. (``Pagani''); (7) N. Puglisi & F. Industria 1902.19.20 of the Harmonized Tariff Schedule of the United States (HTSUS). [A±475±818] Paste Alimentari S.p.A. (``Puglisi''); and (8) Rummo S.p.A. Molino e Pastificio Although the HTSUS subheading is provided for convenience and customs Notice of Final Results and Partial (``Rummo''). purposes, the written description of the Rescission of Antidumping Duty On August 7, 1998, the Department merchandise subject to the order is Administrative Review: Certain Pasta published the preliminary results of this dispositive. From Italy review. See Notice of Preliminary Results and Partial Recission of Scope Rulings AGENCY: Import Administration, Antidumping Duty Administrative International Trade Administration, Review: Certain Pasta from Italy, 63 FR (1) On August 25, 1997, the Department of Commerce. 42368 (Preliminary Results). From July Department issued a scope ruling that 22 through July 30, 1998, we verified multicolored pasta, imported in kitchen SUMMARY: On August 7, 1998, the the cost information submitted by De display bottles of decorative glass that Department of Commerce published the Cecco 1. From July 27 through July 31, are sealed with cork or paraffin and preliminary results of its administrative 1998, we verified the cost information bound with raffia, is excluded from the review of the antidumping duty order submitted by Puglisi. On September 23 scope of the antidumping and on certain pasta from Italy. The review and September 24, 1998, we received countervailing duty orders, (see covers shipments of this merchandise to case briefs from the following parties: Memorandum from Edward Easton to the United States by eight respondents (1) Borden Foods Corp., Hershey Pasta Richard Moreland, dated August 25, during the period January 19, 1996, and Grocery Group, Inc., and Gooch 1997). through June 30, 1997. Foods, Inc. (collectively, ``the (2) On July 30, 1998, the Department For our final results, we have found petitioners''), (2) the five manufacturers/ issued a scope ruling, finding that that, for certain exporters, sales of the exporters that responded to our requests multipacks consisting of six one-pound subject merchandise have been made for information (De Cecco, Indalco, La packages of pasta that are shrink- below normal value. We will instruct Molisana, Puglisi, and Rummo); (3) wrapped into a single package are the Customs Service to assess Barilla; and (4) World Finer Foods, Inc. within the scope of the antidumping antidumping duties equal to the (``World Finer Foods''), an importer of and countervailing duty orders. (See difference between the export price or pasta produced by Arrighi. We received letter from Susan H. Kuhbach, Acting constructed export price and the normal rebuttal briefs from the petitioners, De Deputy Assistant Secretary for Import value. Cecco, Indalco, Puglisi, and Rummo Administration, to Barbara P. Sidari, Vice President, Joseph A. Sidari EFFECTIVE DATE: February 10, 1999. from October 6 through October 8, 1998. On the basis of requests by interested Company, Inc., dated July 30, 1998.) FOR FURTHER INFORMATION CONTACT: John (3) On October 23, 1997, the parties, a public hearing was held on Brinkmann, Office of AD/CVD petitioners filed an application October 19, 1998. Enforcement, Group I, Import requesting that the Department initiate Administration, International Trade Scope of Review an anti-circumvention investigation Administration, U.S. Department of Imports covered by this review are against Barilla S.r.L., an Italian producer Commerce, 14th Street and Constitution shipments of certain non-egg dry pasta and exporter of pasta. On October 5, Avenue, N.W., Washington, D.C. 20230; 1998, the Department issued its final telephone: (202) 482±5288. 1 We verified De Cecco's sales information prior determination that, pursuant to section SUPPLEMENTARY INFORMATION: to the Preliminary Results, from May 4±8, 1998. 781(a) of the Act, circumvention of the 6616 Federal Register / Vol. 64, No. 27 / Wednesday, February 10, 1999 / Notices antidumping duty order is occurring by available if necessary information is not and the use of facts available is reason of exports of bulk pasta from available on the record or when an appropriate for Barilla and Pagani. Italy produced by Barilla which interested party or any other person Where the Department must resort to subsequently are repackaged in the ``fails to provide [requested] information facts available because a respondent United States into packages of five by the deadlines for submission of the failed to cooperate to the best of its pounds or less for sale in the United information or in the form and manner ability, section 776(b) of the Act States. (See Anti-circumvention Inquiry requested, subject to subsections (c)(1) authorizes the use of an inference of the Antidumping Duty Order on and (e) of section 782.'' As provided in adverse to the interests of that Certain Pasta from Italy: Affirmative section 782(c)(1) of the Act, if an respondent in selecting from among the Final Determination of Circumvention interested party ``promptly after facts available. As discussed above, of the Antidumping Duty Order, 63 FR receiving a request from [the Arrighi, Barilla, and Pagani failed to act 54672 (October 13, 1998).) Department] for information, notifies to the best of their abilities to comply (4) On October 26, 1998, we self- [the Department] that such party is with our requests for information. initiated a scope inquiry to determine unable to submit the information Accordingly, we have determined that whether a package weighing over five requested in the requested form and an adverse inference with respect to pounds as a result of allowable industry manner,'' the Department may modify Arrighi, Barilla, and Pagani is tolerances may be within the scope of the requirements to avoid imposing an warranted. the antidumping and countervailing unreasonable burden on that party. Section 776(b) of the Act authorizes duty orders. On November 18, 1998, the Arrighi communicated with the the Department to use as adverse facts Department received comments Department concerning the difficulties available information derived from the regarding this scope inquiry. The which impeded its ability to respond to petition, the final determination in the Department received rebuttal comments the Department's questionnaire. In a antidumping investigation, a previous on November 30, 1998. In accordance letter dated October 1, 1997, Arrighi administrative review, or any other with 19 CFR 351.225(f)(iii)(5), the stated that it would be unable to information placed on the record. Section 776(c) of the Act provides that Department will issue