MESSAGE NO: 5264201 DATE: 9/21/2005

CATEGORY: ADA TYPE: ADL

REFERENCE: REFERENCE DATE:

CASES: A-475-818

PERIOD COVERED: 07/01/1999 TO 06/30/2000

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: RESCISSION OF ADMINISTRATIVE REVIEW AND LIQUIDATION OF, CERTAIN
PASTA FROM ITALY (A-475-818)

1\. ON 06/28/2001 (66 FR 34414), THE DEPARTMENT OF COMMERCE

RESCINDED THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY

ORDER ON CERTAIN PASTA FROM ITALY (A-475-818) COVERING THE

COMPANY NOTED BELOW AND THE PERIOD 07/01/1999 THROUGH

06/30/2000.

F.LLI DE CECCO DI FILIPPO FARA S. MARTINO

S.P.A.(A-475-818-005)

2\. IN ACCORDANCE WITH SECTION 351.212(C) OF THE COMMERCE

DEPARTMENT REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING DUTIES

ON

MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR

CONSUMPTION

AT THE CASH DEPOSIT OR BONDING RATE REQUIRED AT THE TIME OF

ENTRY FOR F.LLI DE CECCO DI FILIPPO FARA S. MARTINO S.P.A. FOR

THE PERIOD 07/01/1999 THROUGH 06/30/2000.

3\. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF

SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE FIRM AND

MERCHANDISE

LISTED ABOVE DURING THE INDICATED PERIOD. YOU SHALL CONTINUE

TO

COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR

SUBSEQUENT ENTRIES OF THE SUBJECT MERCHANDISE AT THE CURRENT

RATES.

4\. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE U.S. CUSTOMS

AND BORDER PROTECTION (\"CBP\") ON SHIPMENTS OR ENTRIES OF THIS

MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE

TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CBP PAY

INTEREST

ON OVERPAYMENTS AND ASSESS INTEREST ON UNDERPAYMENTS, OF THE

REQUIRED AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES.

THE

INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED

AS ESTIMATED ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION

OF

THE ANTIDUMPING DUTY ORDER. INTEREST SHALL BE CALCULATED FROM

THE DATE OF PAYMENT OF ESTIMATED ANTIDUMPING DUTIES THROUGH

THE

DATE OF LIQUIDATION. THE RATE AT WHICH SUCH INTEREST IS

PAYABLE

IS THE RATE IN EFFECT UNDER SECTION 6621 OF THE INTERNAL

REVENUE

CODE OF 1954 FOR SUCH PERIOD.

5\. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE

THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT DESCRIBED

IN

SECTION 351.402(f)(2) OF THE COMMERCE DEPARTMENT REGULATIONS.

THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR

TO

LIQUIDATION OF THE ENTRY. IF THE IMPORTER CERTIFIES THAT IT

HAS

AN AGREEMENT WITH THE EXPORTER TO BE REIMBURSED ANTIDUMPING

DUTIES, CBP SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE

WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE

IMPORTER DOES NOT RESPOND TO YOUR FORMAL REQUEST FOR THE

REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATIONS, CBP SHOULD

PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.

6\. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP

0FFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE

CONTACT DAVINA HASHMI OR RON TRENTHAM AT THE 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 04:SEF).

7\. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS

INFORMATION.

CATHY SAUCEDA