[Federal Register Volume 66, Number 246 (Friday, December 21, 2001)]
[Notices]
[Page 65889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31512]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Notice of Amendment of Final Determination of Sales at Less Than 
Fair Value Pursuant to Court Decision and Revocation in Part: Certain 
Pasta From Italy

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

ACTION: Notice of amendment to final determination of sales at less 
than fair value in accordance with decision upon remand and revocation 
in part: Certain Pasta from Italy.

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SUMMARY: We are amending the antidumping (``AD'') duty rate for imports 
of pasta from Delverde S.r.l. (``Delverde'') calculated for the final 
determination of the antidumping duty less-than-fair-value (``LTFV'') 
investigation (covering the period from May 1, 1994 through April 31, 
1995). The revised AD duty rate for Delverde is 1.44 percent ad valorem 
and, thus, de minimis. Therefore, we are revoking the antidumping duty 
order (``the order'') with respect to Delverde.

EFFECTIVE DATE: December 21, 2001.

FOR FURTHER INFORMATION CONTACT: Brian Ledgerwood or Geoffrey Craig, 
AD/CVD Enforcement, Office VI, Group II, Import Administration, U.S. 
Department of Commerce, Room 4012, 14th Street and Constitution Avenue, 
N.W., Washington, DC 20230; telephone (202) 482-3836, or (202) 482-
4161, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act. In addition, unless 
otherwise indicated, all citations to the Department of Commere's 
(``the Department's'') regulations are to 19 CFR Part 351 (2000).

Background

    On June 14, 1996, the Department issued the Notice of Final 
Determination of Sales at less Than Fair Value: Certain Pasta from 
Italy, 61 FR 30326 (June 14, 1996) (``Final Determination''). The 
Delverde AD duty rate was 2.80 percent. Delverde challenged the Final 
Determination in the Court of International Trade (the ``CIT''). On 
March 26, 1998, the CIT held that the statutory provisions for level of 
trade (``LOT'') adjustments provides that selling expenses set forth in 
19 U.S.C. 1677a(d) should not be deducted from constructed export price 
(``CEP'') before making the LOT comparison. See Borden, Inc. v. United 
States, 4 F. Supp.2d 1221, 1241-42 (CIT March 26, 1998) (``Borden 
II''). The United States and Delverde appealed the CIT's decision to 
the Federal Circuit. See Borden, Inc. v. United States, Nos. 99-1575, -
1576 (Fed. Cir. March 12, 2001).
    On March 12, 2001, the Federal Circuit reversed the CIT's ruling. 
Citing its decision in Micron Technology, Inc. v. United States, Nos. 
00-1058, -1060 (Fed. Cir. March 7, 2001), the Federal Circuit held that 
the statute requires the Department to deduct the expenses set forth in 
section 772(d)(1) of the Act from the starting price of CEP sales 
before making the LOT comparison under section 773(a)(1)(B) of the Act. 
The Federal Circuit remanded the case to the CIT stating that the 
Department must comply with the statute and deduct the expenses set 
forth in section 772(d)(1) from the starting price of CEP sales before 
making the LOT comparison. See Borden, Inc., v. United States, Nos. 99-
1575, -1576 (Fed. Cir. March 12, 2001).
    The CIT issued an order on May 21, 2001, instructing the Department 
to comply with the decision of the Federal Circuit. See Borden, Inc. v. 
United States, Court No. 96-08-1970 (CIT May 21, 2001). On October 15, 
2001, the Department filed its results of redetermination pursuant to 
the CIT's order. On November 2, 2001, the CIT affirmed the final remand 
redetermination in Borden, Inc. v. United States, Consol. Court No. 96-
08-01970, Slip Op. 2001-128.

Amended Final Determination and Revocation in Part

    In light of the final and conclusive court decision in this action, 
we are amending the AD duty rate for Delverde from 2.40 to 1.44 percent 
ad valorem. The rate is less than 2.00 percent and thus, de miminis. 
Therefore, we are revoking the AD duty order in part with respect to 
Delverde pursuant to section 351.204(e) of the Department's 
regulations.
    We will instruct the U.S. Customs Service (``Customs'') to 
terminate the suspension of liquidation for any such merchandise 
entered, or withdrawn from warehouse, for consumption on or after 
January 19, 1996, the date of publication of the preliminary 
determination in the Federal Register, and will instruct Customs to 
release any bond and refund any cash deposit for this merchandise.
    These amended final results and notice are in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: December 13, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-31512 Filed 12-20-01; 8:45 am]
BILLING CODE 3510-DS-P