AMENDED COUNTERVAILING DUTY ORDER ON CERTAIN PASTA FROM ITALY (C-475-819)

MESSAGE NO: 8322111 DATE: 11 18 1997 CATEGORY: CVD TYPE: ORD REFERENCE: REFERENCE DATE: CASES: C - 475 - 819 - - - - - - - - - - PERIOD COVERED: 07 24 1996 TO LIQ SUSPENSION DATE: TO: CMC DIRECTORS, PORT DIRECTORS FROM: DIRECTOR, IMPORT OPERATIONS RE: AMENDED COUNTERVAILING DUTY ORDER ON CERTAIN PASTA FROM ITALY (C-475-819) 1. ON JULY 24, 1996, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS COUNTERVAILING DUTY ORDER ON CERTAIN PASTA FROM ITALY. 2. WE ARE AMENDING THE SCOPE OF THIS ORDER BY EXCLUDING IMPORTS OF ORGANIC PASTA FROM ITALY THAT ARE ACCOMPANIED BY THE APPROPRIATE CERTIFICATE ISSUED BY QC&I INTERNATIONAL SERVICES. 3. THE AMENDED SCOPE READS AS FOLLOWS: THE SCOPE OF THIS INVESTIGATION CONSISTS OF CERTAIN NON-EGG DRY PASTA IN PACKAGES OF 5 POUNDS (OR 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, DIASTASES, VITAMINS, COLORING AND FLAVORINGS, AND UP TO TWO PERCENT EGG WHITE. THE PASTA COVERED BY THIS INVESTIGATION IS TYPICALLY SOLD IN THE RETAIL MARKET, IN FIBERBOARD OR CARDBOARD CARTONS OR POLYETHYLENE OR POLYPROPYLENE BAGS, OF VARYING DIMENSIONS. EXCLUDED FROM THE SCOPE OF THIS INVESTIGATION 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. ALSO EXCLUDED ARE IMPORTS OF ORGANIC PASTA FROM ITALY THAT ARE ACCOMPANIED BY THE APPROPRIATE CERTIFICATE ISSUED BY THE ASSOCIAZIONE MARCHIGIANA AGRICULTURA BIOLOGICA ("AMAB") , BIOAGRICOOP S.C.R.L. OR QC&I INTERNATIONAL SERVICES. THE MERCHANDISE UNDER INVESTIGATION IS CURRENTLY CLASSIFIABLE UNDER SUBHEADING 1902.19.20 OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS). ALTHOUGH THE HTS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE SCOPE OF THIS PROCEEDING IS DISPOSITIVE. 4. FOR IMPORTS OF CERTAIN PASTA FROM ITALY, THE CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND LIQUIDATION OF SUCH SHIPMENTS THAT WERE ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER OCTOBER 17, 1995 THROUGH FEBRUARY 13, 1996, EXCEPT FOR BARILLA G. ER. F. LLI S.P.A. ("BARILLA") AND GRUPPO AGRICOLTURA SANA S.R.L. ("GRUPPO"), WHICH HAVE ZERO OR DE MINIMIS MARGINS AND ARE EXCLUDED FROM THE ORDER. FOR ALL ENTRIES OF THE SUBJECT MERCHANDISE MADE ON OR AFTER JULY 24, 1996, CUSTOMS SHALL REQUIRE A CASH DEPOSIT EQUAL TO THE SUBSIDY RATES SHOWN BELOW AND SHALL SUSPEND LIQUIDATION ON THESE ENTRIES PENDING INSTRUCTIONS FOR THE ACTUAL ASSESSMENT OF COUNTERVAILING DUTIES. MRF/PRODUCER CUSTOMS ID PERCENTAGE/ EXPORTER NUMBER SUBSIDY RATE ITALPASTA S.R.L. C-475-819-022 2.44% MOLINO E. PASTIFICIO DE CECCO S.P.A. PESCARA C-475-819-019 3.37% TAMMA INDUSTRIE ALIMENTARI DI CAPITANATA C-475-819-017 5.90% PASTIFICIO RISCOSSA F. LLI MASTROMAURO S.R.L. C-475-819-016 6.91% LA MOLISANA ALIMENTARI S.P.A. C-475-819-015 4.17% LABOR S.R.L. C-475-819-014 11.23% ITALPAST S.P.A. C-475-819-013 11.23% ISOLA DEL GRANO S.R.L. C-475-819-012 11.23% INDUSTRIA ALIMENTARE COLAVITA, S.P.A. C-475-819-011 2.04% PASTIFICIO GUIDO FERRARA C-475-819-010 1.21% GRUPPO AGRICOLTURA SANA S.R.L. C-475-819-009 0.00% DELVERDE, S.R.L. C-475-819-008 5.90% DE MATTEIS AGROALIMENTARE S.P.A. C-475-819-006 2.47% F. LLI DE CEDDO DI FILIPPO FARA S. MARTINO S.P.A. C-475-819-005 3.37% PASTIFICIO CAMPANO S.P.A.C-475-819-004 2.59% BARILLA G. E R. F.LLI S.P.A.C-475-819-003 0.65% DE MINIMIS AGRITALIA, S.R.L. C-475-819-002 2.55% ARRIGHI S.P.A. INDUSTRIE ALIMENTARI C-475-819-001 2.44% ALL OTHERS C-475-819-000 3.85% IF ANY ENTRIES OF THIS MERCHANDISE ARE EXPORTED BY A FIRM OTHER THAN THE MANUFACTURER, THE CASH DEPOSIT RATE WILL BE THE EXPORTER'S RATE. IF THE EXPORTER DOES NOT HAVE ITS OWN RATE, THE ALL OTHERS RATE APPLIES. 5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS, IMPORT OPERATIONS, ANTIDUMPING/COUNTERVAILING DUTY, USING THE ATTRIBUTE "HQ OAB." IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD CONTACT VINCE KANE AT 202-482-2815, OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE. 6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. PAUL SCHWARTZ