MESSAGE NO: 6268202 DATE: 9/25/2006

CATEGORY: CVD TYPE: LIQ

REFERENCE: REFERENCE DATE:

CASES: C-475-819

PERIOD COVERED: 01/01/2005 TO 12/31/2005

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR CERTAIN PASTA FROM ITALY, (C-475-819)
EXCEPT FOR THE LISTED FIRMS

1\. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT

ADMINISTRATIVE REVIEWS OF COUNTERVAILING DUTY ORDERS. INSTEAD,

REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION 351.213

OF

THE COMMERCE DEPARTMENT REGULATIONS.

2\. IMPORTS COVERED BY THE ORDER ARE SHIPMENTS OF CERTAIN

NON-

EGG DRY PASTA IN PACKAGES OF FIVE POUNDS FOUR OUNCES 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 THE ORDER 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

INSTITUTO MEDITERRANEO DI CERTIFICAZIONE, BIOAGRICOOP S.R.L.,

QC&I INTERNATIONAL SERVICES, ECOCERT ITALIA, CONSORZIO PER IL

CONTROLLO DEI PRODOTTI BIOLOGICI, ASSOCIAZIONE ITALIANA PER

L\'AGRICOLTURA BIOLOGICA, OR CODEX S.R.L. IN ADDITION, BASED

ON

PUBLICLY AVAILABLE INFORMATION, THE DEPARTMENT HAS DETERMINED

THAT, AS OF AUGUST 4, 2004, IMPORTS OF ORGANIC PASTA FROM

ITALY

THAT ARE ACCOMPANIED BY THE APPROPRIATE CERTIFICATE ISSUED BY

BIOAGRICERT S.R.L. ARE ALSO EXCLUDED FROM THIS ORDER. SEE

MEMORANDUM FROM ERIC B. GREYNOLDS TO MELISSA G. SKINNER, DATED

AUGUST 4, 2004, WHICH IS ON FILE IN THE DEPARTMENT\'S CENTRAL

RECORDS UNIT (\"CRU\") IN ROOM B-099 OF THE MAIN DEPARTMENT

BUILDING. IN ADDITION, BASED ON PUBLICLY AVAILABLE

INFORMATION,

THE DEPARTMENT HAS DETERMINED THAT, AS OF MARCH 13, 2003,

IMPORTS

OF ORGANIC PASTA FROM ITALY THAT ARE ACCOMPANIED BY THE

APPROPRIATE CERTIFICATE ISSUED BY INSTITUTO PER LA

CERTIFICAZIONE

ETICA E AMBIENTALE (ICEA) ARE ALSO EXCLUDED FROM THIS ORDER.

SEE

MEMORANDUM FROM AUDREY TWYMAN TO SUSAN KUHBACH, DATED FEBRUARY

28, 2006, ENTITLED \"RECOGNITION OF INSTITUTO PER LA

CERTIFICAZIONE ETICA E AMBIENTALE (ICEA) AS A PUBLIC AUTHORITY

FOR CERTIFYING ORGANIC PASTA FROM ITALY\" WHICH IS ON FILE IN

THE

DEPARTMENT\'S CENTRAL RECORDS UNIT (\"CRU\") IN ROOM B-099 OF THE

MAIN DEPARTMENT BUILDING.

THE MERCHANDISE SUBJECT TO REVIEW IS CURRENTLY CLASSIFIABLE

UNDER

ITEMS 1901.90.90.95 AND 1902.19.20 OF THE HARMONIZED TARIFF

SCHEDULE OF THE UNITED STATES (\"HTSUS\"). ALTHOUGH THE HTSUS

SUBHEADINGS ARE 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,

WHICH

IS ON FILE IN THE CRU. THIS SCOPE RULING WAS PUBLISHED IN THE

FEDERAL REGISTER ON 02/10/1998 (63 FR 6722).

\(2\) 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 TO BARBARA P. SIDARI, DATED JULY

30,

1998, WHICH IS AVAILABLE IN THE CRU. THIS SCOPE RULING WAS

PUBLISHED IN THE FEDERAL REGISTER ON 11/04/1998 (63 FR 59544).

\(3\) ON OCTOBER 23, 1997, THE PETITIONERS FILED AN

APPLICATION REQUESTING THAT THE DEPARTMENT INITIATE AN

ANTI-CIRCUMVENTION INVESTIGATION OF BARILLA S.R.L.

(\"BARILLA\"),

AN ITALIAN PRODUCER AND EXPORTER OF PASTA. THE DEPARTMENT

INITIATED THE INVESTIGATION ON DECEMBER 8, 1997. SEE

INITIATION

OF ANTI-CIRCUMVENTION INQUIRY ON ANTIDUMPING DUTY ORDER ON

CERTAIN PASTA FROM ITALY, 62 FR 65673 (DECEMBER 15, 1997). ON

OCTOBER 5, 1998, THE DEPARTMENT ISSUED ITS FINAL DETERMINATION

THAT, PURSUANT TO SECTION 781(A) OF THE TARIFF ACT OF 1930, AS

AMENDED BY THE URUGUAY ROUND AGREEMENTS ACT (\"URAA\"),

EFFECTIVE

JANUARY 1, 1995 (\"THE ACT\"), CIRCUMVENTION OF THE ANTIDUMPING

ORDER ON PASTA FROM ITALY WAS OCCURRING BY REASON OF EXPORTS

OF

BULK PASTA FROM ITALY PRODUCED BY BARILLA THAT SUBSEQUENTLY

WERE

REPACKAGED IN THE UNITED STATES INTO PACKAGES OF FIVE POUNDS

OR

LESS FOR SALE IN THE UNITED STATES. 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. THIS SCOPE RULING WAS

PUBLISHED

IN THE FEDERAL REGISTER ON 07/07/2000 (65 FR 41957).

\(5\) ON APRIL 27, 2000, THE DEPARTMENT SELF-INITIATED AN

ANTI-CIRCUMVENTION INQUIRY TO DETERMINE WHETHER PASTIFICIO

FRATELLI PAGANI S.P.A.\'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). ON SEPTEMBER 19,

2003,

WE PUBLISHED AN AFFIRMATIVE FINDING OF THE ANTI-CIRCUMVENTION

INQUIRY. SEE ANTI-CIRCUMVENTION INQUIRY OF THE ANTIDUMPING

AND

COUNTERVAILING DUTY ORDERS ON CERTAIN PASTA FROM ITALY:

AFFIRMATIVE FINAL DETERMINATIONS OF CIRCUMVENTION OF

ANTIDUMPING

AND COUNTERVAILING DUTY ORDERS, 68 FR 54888 (SEPTEMBER 19,

2003).

3\. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR

AN

ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER FOR THE

PERIODS AND ON THE MERCHANDISE LISTED BELOW, EXCEPT FOR THE

FIRMS

NOTED. THEREFORE, IN ACCORDANCE WITH SECTION 351.212(c) OF THE

COMMERCE DEPARTMENT REGULATIONS, YOU ARE TO ASSESS

COUNTERVAILING

DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE,

FOR

CONSUMPTION AT THE CASH DEPOSIT OR BONDING RATE IN EFFECT ON

THE

DATE OF ENTRY.

CERTAIN PASTA FROM ITALY

C-475-819

01/01/2005-12/31/2005

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:

ATAR S.R.L. C-475-819-052

DE MATTEIS AGROALIMENTARE SPA/

OEMASERCE S.R.L. C-475-819-006

PASTIFICIO ANTONIO PALLANTE S.R.L. C-475-819-031

4\. ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE

LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE

COMPLETION OF THE COUNTERVAILING DUTY REVIEW, CONTINUE TO

SUSPEND

LIQUIDATION OF ALL ENTRIES OF MERCHANDISE EXPORTED OR PRODUCED

BY

THE LISTED FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR

CONSUMPTION DURING THIS PERIOD.

5\. THE NOTICE OF LIFTING OF SUSPENSION OF LIQUIDATION FOR THE

MERCHANDISE LISTED ABOVE EXPORTED ON OR BEFORE 12/31/2005

OCCURRED WITH THE PUBLICATION OF THE NOTICE OF INITIATION OF

ADMINISTRATIVE REVIEW (71 FR 51573, 08/30/2006). THE

SUSPENSION

OF LIQUIDATION FOR ALL SHIPMENTS OF THE MERCHANDISE LISTED

ABOVE

EXPORTED AFTER 12/31/2005 WILL CONTINUE.

6\. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CBP SERVICE

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 OR ASSESS

INTEREST

ON UNDERPAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS

ESTIMATED

COUNTERVAILING DUTIES. THE INTEREST PROVISIONS ARE NOT

APPLICABLE

TO CASH OR BONDS POSTED AS ESTIMATED COUNTERVAILING DUTIES

BEFORE

THE DATE OF PUBLICATION OF THE COUNTERVAILING DUTY ORDER.

INTEREST SHALL BE CALCULATED FROM THE ENTRY DATE OR DATE OF

DEPOSIT WHICHEVER IS LATER, OF ESTIMATED COUNTERVAILING 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.

7\. 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 O1:ART).

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

INFORMATION.

CATHY SAUCEDA