[Federal Register Volume 62, Number 240 (Monday, December 15, 1997)]
[Notices]
[Page 65673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32629]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-475-818]


Initiation of Anti-Circumvention Inquiry on Antidumping Duty 
Order on Certain Pasta From Italy

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of initiation of anti-circumvention inquiry.

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SUMMARY: On the basis of an application filed with the Department of 
Commerce, we are initiating an anti-circumvention inquiry to determine 
whether an Italian producer of pasta is circumventing the antidumping 
duty order on certain pasta from Italy issued July 24, 1996.

EFFECTIVE DATE: December 15, 1997.

FOR FURTHER INFORMATION CONTACT: Edward Easton or John Brinkmann, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, D.C. 20230; telephone: (202) 482-1777 or (202) 482-5288, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 23, 1997, the Department of Commerce (``the 
Department'') received an application filed by the petitioners in the 
above-referenced case, requesting that the Department conduct an anti-
circumvention investigation, pursuant to section 781(a) of the Tariff 
Act of 1930, as amended (``the Act''), with respect to the antidumping 
duty order on certain pasta from Italy (``the order'') issued July 24, 
1996 (61 FR 38547). The petitioners allege that Barilla S.r.L. 
(``Barilla'') is circumventing the order by importing pasta into the 
United States in bulk, defined as packages of greater than five pounds 
(2.27 kilograms), and repackaging the pasta into packages of five 
pounds or less for resale in the United States. Inasmuch as the scope 
of the order covers only pasta in packages of five pounds or less, the 
petitioners claim that Barilla's repackaging operations in the United 
States have allowed it to import pasta into the United States free of 
any antidumping duties. The petitioners assert that all the elements 
necessary for an affirmative determination under Section 781(a) of the 
Act are present.
    On November 19, 1997, Barilla filed comments replying to the 
petitioners' circumvention allegations. On December 2, 1997, 
petitioners filed comments in response to Barilla's November 19, 1997 
submission. Barilla rebutted the petitioners' December 2, 1997 comments 
in a submission filed December 3, 1997.

Initiation of Anti-Circumvention Proceeding

    In accordance with section 781(a) of the Act, the Department may 
include merchandise completed or assembled in the United States within 
the scope of an existing order when the following four conditions are 
met: (A) The merchandise sold in the United States is of the same class 
or kind as any other merchandise that is the subject to the antidumping 
duty order; (B) such merchandise sold in the United States is completed 
or assembled in the United States from parts or components produced in 
the foreign country with respect to which such order applies; (C) the 
process of assembly or completion in the United States is minor or 
insignificant; and (D) the value of the parts or components produced in 
the foreign country to which the antidumping duty order applies is a 
significant portion of the total value of the merchandise sold in the 
United States.
    In determining whether to include parts or components in the order, 
the Act states at section 781(a)(3) that the Department must take into 
account: (1) the pattern of trade, including sourcing patterns; (2) 
whether the manufacturer or exporter of the parts or components is 
affiliated with the person who assembles or completes the merchandise 
sold in the United States; and (3) whether imports into the United 
States of the parts or components produced in such foreign country have 
increased after the initiation of the investigation which resulted in 
the issuance of such order or finding.
    Based upon our review of the foregoing allegations and supporting 
information submitted in the application and in Barilla's submission, 
and with respect to the preceding criteria, we find that the 
application contains all of the elements that warrant an anti-
circumvention inquiry (see, December 8, 1997 Memorandum from Richard 
Moreland to Robert S. LaRussa). Therefore, we are initiating an anti-
circumvention inquiry concerning the antidumping duty order on pasta 
from Italy pursuant to section 781(a) of the Act and 19 CFR 351.225 of 
the Department's regulations.
    We intend to notify the International Trade Commission (``ITC'') in 
the event of an affirmative preliminary determination of circumvention, 
in accordance with 19 CFR 351.225(f)(7).
    The Department will not order the suspension of liquidation at this 
time. However, in accordance with 19 CFR 351.225(l)(2), the Department 
will instruct the U.S. Customs Service to suspend liquidation in the 
event of an affirmative preliminary determination of circumvention.
    This notice is issued pursuant to section 781 of the Act (19 U.S.C. 
1677j) and 19 CFR 351.225.

    Dated: December 8, 1997.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-32629 Filed 12-12-97; 8:45 am]
BILLING CODE 3510-DS-P