CASH DEPOSIT INSTRUCTIONS FOR CERTAIN PASTA FROM ITALY FOR THE PRELIMINARY RESULTS OF CHANGED CIRCUMSTANCES FOR AMERICAN ITALIAN/PASTA LENSI S.R.L. (A-475-818-037)

MESSAGE NO: 8073202 DATE: 03 13 2008 CATEGORY: ADA TYPE: ADM REFERENCE: 5084201 REFERENCE DATE: 03 25 2005 CASES: A - 475 - 818 - - - - - - - - - - PERIOD COVERED: 02 22 2008 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: CASH DEPOSIT INSTRUCTIONS FOR CERTAIN PASTA FROM ITALY FOR THE PRELIMINARY RESULTS OF CHANGED CIRCUMSTANCES FOR AMERICAN ITALIAN/PASTA LENSI S.R.L. (A-475-818-037) 1. ON FEBRUARY 22, 2008, THE DEPARTMENT OF COMMERCE (THE DEPARTMENT) PUBLISHED IN THE FEDERAL REGISTER (73 FR 9769) ITS NOTICE OF PRELIMINARY RESULTS OF ANTIDUMPING DUTY CHANGED CIRCUMSTANCES REVIEW AND INTENT TO REINSTATE THE ANTIDUMPING DUTY ORDER WITH RESPECT TO PASTA LENSI S.R.L. (LENSI), A PRODUCER/EXPORTER OF PASTA FROM ITALY, AND AMERICAN ITALIAN PASTA COMPANY (AIPC), LENSI'S CORPORATE PARENT AND IMPORTER OF SUBJECT MERCHANDISE PRODUCED BY LENSI (A-475-818-037). THIS IS AN AMENDMENT OF MESSAGE 5084201 ON MARCH 25, 2005. 2. IN THIS CHANGED CIRCUMSTANCES REVIEW, THE DEPARTMENT PRELIMINARILY DETERMINES THAT LENSI MADE SALES AT LESS THAN NORMAL VALUE DURING THE 2002-2003 PERIOD OF REVIEW; THAT, CONSEQUENTLY, LENSI NO LONGER QUALIFIES FOR REVOCATION BASED UPON THREE CONSECUTIVE REVIEWS RESULTING IN DE MINIMIS MARGINS; AND THAT THE ORDER SHOULD BE REINSTATED ON CERTAIN PASTA FROM ITALY RELATED TO SUBJECT MERCHANDISE PRODUCED AND EXPORTED BY LENSI. 3. ACCORDINGLY, FOR SHIPMENTS OF CERTAIN PASTA FROM ITALY, ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER FEBRUARY 22, 2008, YOU SHALL COLLECT A CASH DEPOSIT OF ESTIMATED ANTIDUMPING DUTIES OF 45.59 PERCENT OF THE ENTERED VALUE FOR LENSI. 4. IF ANY ENTRIES OF THIS MERCHANDISE ARE EXPORTED BY A FIRM OTHER THAN THE MANUFACTURER, THEN THE FOLLOWING INSTRUCTIONS APPLY: A. IF THE EXPORTER OF THE SUBJECT MERCHANDISE HAS ITS OWN RATE, USE THE EXPORTER'S RATE FOR DETERMINING THE CASH DEPOSIT RATE. B. IF THE EXPORTER OF THE SUBJECT MERCHANDISE DOES NOT HAVE ITS OWN RATE, BUT THE MANUFACTURER HAS ITS OWN RATE, THE CASH DEPOSIT RATE WILL BE THE MANUFACTURER'S RATE. C. WHERE NEITHER THE EXPORTER NOR THE MANUFACTURER CURRENTLY HAS ITS OWN RATE OR THE MANUFACTURER IS UNKNOWN, USE THE 'ALL OTHER' RATE FOR ESTABLISHING THE CASH DEPOSIT RATE. 5. THESE CASH DEPOSIT REQUIREMENTS SHALL REMAIN IN EFFECT UNTIL PUBLICATION OF THE FINAL RESULTS OF THIS CHANGED CIRCUMSTANCES REVIEW. DO NOT LIQUIDATE ANY ENTRIES OF MERCHANDISE INCLUDED IN THIS CHANGED CIRCUMSTANCES REVIEW UNTIL ASSESSMENT INSTRUCTIONS ARE RECEIVED. 6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577, RESPECTIVELY (GENERATED BY O3: DB). 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. DAVID M.GENOVESE