MESSAGE NO: 2032203 DATE: 2/1/2002

CATEGORY: ADA TYPE: ADM

REFERENCE: REFERENCE DATE:

CASES: A-475-818

PERIOD COVERED: 01/03/2002

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: CASH DEPOSIT INSTRUCTIONS FOR PASTA FROM ITALY, (A-475-818)

1\. THE DEPARTMENT OF COMMERCE HAS PUBLISHED IN THE FEDERAL REGISTER (67
FR 3000) ON JANUARY 3, 2002 THE FINAL RESULTS OF ITS ADMINISTRATIVE
REVIEW OF CERTAIN MANUFACTURERS/EXPORTERS SUBJECT TO THE ANTIDUMPING
ORDER ON CERTAIN PASTA FROM ITALY FOR THE PERIOD 07/01/1999 THROUGH
06/30/2000. THE DEPARTMENT HAS ALSO AMENDED THESE FINAL RESULTS FOR ONE
MANUFACTURER/EXPORTER, FERRARA.

2\. IMPORTS COVERED BY THIS REVIEW ARE SHIPMENTS OF CERTAIN NON-EGG DRY
PASTA IN PACKAGES OF FIVE POUNDS (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,
DIASTASIS, VITAMINS, COLORING AND FLAVORINGS, AND UP TO TWO PERCENT EGG
WHITE. THE PASTA COVERED BY THIS SCOPE 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 REVIEW 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 ISTITUTO MEDITERRANEO DI CERTIFICAZIONE, BY BIOAGRICOOP SCRL, BY
QC&I INTERNATIONAL SERVICES, BY ECOCERT ITALIA, BY CONSORZIO PER IL
CONTROLLO DEI PRODOTTI BIOLOGICI, BY ASSOCIAZIONE ITALIANA PER
L\'AGRICOLTURA BIOLOGICA, OR BY CODEX S.R.L. THE MERCHANDISE SUBJECT TO
REVIEW IS CURRENTLY CLASSIFIABLE UNDER ITEM 1902.19.20 OF THE HARMONIZED
TARIFF SCHEDULE OF THE UNITED STATES (\" HTSUS\"). ALTHOUGH THE HTSUS
SUBHEADING IS PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, THE WRITTEN
DESCRIPTION OF THE MERCHANDISE SUBJECT TO THE ORDER IS DISPOSITIVE.
SCOPE RULINGS THE DEPARTMENT HAS ISSUED THE FOLLOWING SCOPE RULINGS TO
DATE: (1) ON AUGUST 25, 1997, THE DEPARTMENT ISSUED A SCOPE RULING THAT
MULTICOLORED PASTA, IMPORTED IN KITCHEN DISPLAY BOTTLES OF DECORATIVE
GLASS THAT ARE SEALED WITH CORK OR PARAFFIN AND BOUND WITH RAFFIA, IS
EXCLUDED FROM THE SCOPE OF THE ANTIDUMPING AND COUNTERVAILING DUTY
ORDERS. SEE MEMORANDUM FROM EDWARD EASTON TO RICHARD MORELAND, DATED
AUGUST 25, 1997, IN THE CASE FILE IN THE CRU. (2) ON JULY 30, 1998, THE
DEPARTMENT ISSUED A SCOPE RULING, FINDING THAT MULTIPACKS CONSISTING OF
SIX ONE-POUND PACKAGES OF PASTA THAT ARE SHRINK-WRAPPED INTO A SINGLE
PACKAGE ARE WITHIN THE SCOPE OF THE ANTIDUMPING AND COUNTERVAILING DUTY
ORDERS. SEE LETTER FROM SUSAN H. KUHBACH, ACTING DEPUTY ASSISTANT
SECRETARY FOR IMPORT ADMINISTRATION, TO BARBARA P. SIDARI, VICE
PRESIDENT, JOSEPH A. SIDARI COMPANY, INC., DATED JULY 30, 1998, WHICH IS
AVAILABLE IN THE CRU. (3) ON OCTOBER 23, 1997, THE PETITIONERS FILED AN
APPLICATION REQUESTING THAT THE DEPARTMENT INITIATE AN
ANTI-CIRCUMVENTION INVESTIGATION OF BARILLA, AN ITALIAN PRODUCER AND
EXPORTER OF PASTA. THE DEPARTMENT INITIATED THE INVESTIGATION ON
DECEMBER 8, 1997 (62 FR 65673). ON OCTOBER 5, 1998, THE DEPARTMENT
ISSUED ITS FINAL DETERMINATION THAT BARILLA\'S IMPORTATION OF PASTA IN
BULK AND SUBSEQUENT REPACKAGING IN THE UNITED STATES INTO PACKAGES OF
FIVE POUNDS OR LESS CONSTITUTES CIRCUMVENTION, WITH RESPECT TO THE
ANTIDUMPING DUTY ORDER ON PASTA FROM ITALY PURSUANT TO SECTION 781(A) OF
THE ACT. SEE ANTI-CIRCUMVENTION INQUIRY OF THE ANTIDUMPING DUTY ORDER ON
CERTAIN PASTA FROM ITALY: AFFIRMATIVE FINAL DETERMINATION OF
CIRCUMVENTION OF THE ANTIDUMPING DUTY ORDER, 63 FR 54672 (OCTOBER 13,
1998). (4) ON OCTOBER 26, 1998, THE DEPARTMENT SELF-INITIATED A SCOPE
INQUIRY TO DETERMINE WHETHER A PACKAGE WEIGHING OVER FIVE POUNDS AS A
RESULT OF ALLOWABLE INDUSTRY TOLERANCES IS WITHIN THE SCOPE OF THE
ANTIDUMPING AND COUNTERVAILING DUTY ORDERS. ON MAY 24, 1999, WE ISSUED A
FINAL SCOPE RULING FINDING THAT, EFFECTIVE OCTOBER 26, 1998, PASTA IN
PACKAGES WEIGHING OR LABELED UP TO (AND INCLUDING) FIVE POUNDS FOUR
OUNCES IS WITHIN THE SCOPE OF THE ANTIDUMPING AND COUNTERVAILING DUTY
ORDERS. SEE MEMORANDUM FROM JOHN BRINKMANN TO RICHARD MORELAND, DATED
MAY 24, 1999, WHICH IS AVAILABLE IN THE CRU. THE FOLLOWING SCOPE RULING
IS PENDING: (5) ON APRIL 27, 2000, THE DEPARTMENT SELF-INITIATED AN
ANTI-CIRCUMVENTION INQUIRY TO DETERMINE WHETHER PAGANI\'S IMPORTATION OF
PASTA IN BULK AND SUBSEQUENT REPACKAGING IN THE UNITED STATES INTO
PACKAGES OF FIVE POUNDS OR LESS CONSTITUTES CIRCUMVENTION, WITH RESPECT
TO THE ANTIDUMPING AND COUNTERVAILING DUTY ORDERS ON PASTA FROM ITALY
PURSUANT TO SECTION 781(A) OF THE ACT AND 19 CFR 351.225(B). SEE CERTAIN
PASTA FROM ITALY: NOTICE OF INITIATION OF ANTI-CIRCUMVENTION INQUIRY OF
THE ANTIDUMPING AND COUNTERVAILING DUTY ORDERS, 65 FR 26179 (MAY 5,
2000).

3\. AS A RESULT OF COMMERCE\'S REVIEW, THE CASH DEPOSIT RATES HAVE BEEN
REVISED FOR CERTAIN MANUFACTURERS/EXPORTERS. THEREFORE, FOR SHIPMENTS OF
CERTAIN PASTA FROM ITALY ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER 01/03/2002, THE REQUIRED CASH DEPOSIT HAS BEEN
REVISED FOR THE FOLLOWING MANUFACTURERS/EXPORTERS:

Barilla A-475-818-028 45.59 Corex A-475-818-027 ZERO Ferrara
A-475-818-035 1.25 Pagani A-475-818-019 ZERO Pallante A-475-818-033 1.78
PAM A-475-818-034 4.10 Puglisi A-475-818-030 ZERO Riscossa A-475-818-036
1.03 Rummo A-475-818-031 ZERO

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\. FOR ALL MANUFACTURERS/EXPORTERS OF CERTAIN PASTA FROM ITALY WITHOUT
THEIR OWN RATE, THE CASH DEPOSIT RATE IS THE \'ALL OTHER\' RATE OF 11.26
PERCENT.

6\. THESE CASH DEPOSIT REQUIREMENTS WILL REMAIN IN EFFECT UNTIL
PUBLICATION OF THE FINAL RESULTS FOR THE NEXT ADMINISTRATIVE REVIEW. DO
NOT LIQUIDATE ANY ENTRIES COVERED BY THIS REVIEW UNTIL YOU HAVE RECEIVED
LIQUIDATION INSTRUCTIONS.

7\. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE SUPERVISORY
CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE ATTRIBUTE \"HQ
OAB.\" THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT
GEOFFREY CRAIG, OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT
(202) 482-4161.

8\. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

PAUL SCHWARTZ