[Federal Register Volume 60, Number 131 (Monday, July 10, 1995)]
[Notices]
[Pages 35563-35564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16803]



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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-365-366 (Preliminary) and 731-TA-734-735 
(Preliminary)]


Certain Pasta From Italy and Turkey

Determinations

    On the basis of the record 1 developed in the subject 
investigations, the Commission determines, pursuant to sections 703(a) 
and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 19 U.S.C. 
1673b(a)), that there is a reasonable indication that an industry in 
the United States is materially injured by reason of imports from Italy 
and Turkey of certain pasta (except oriental-style noodles),2 
provided for in subheading 1902.19.20 of the Harmonized Tariff Schedule 
of the United States, that are alleged to be subsidized by the 
Governments of Italy and Turkey and that are alleged to be sold in the 
United States at less than fair value (LTFV).3 The Commission also 
unanimously determined that imports of oriental-style noodles from 
Italy and Turkey are negligible.

    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ For purposes of these investigations, certain pasta consists 
of dry non-egg pasta in packages of five pounds (or 2.27 kilograms) 
or less, whether or not enriched or fortified or containing milk or 
other optional ingredients such as chopped vegtables, vegetable 
purees, milk, gluten, diasastes, vitamins, coloring and flavorings, 
and up to two percent egg white. The pasta covered by these 
investigations 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 these investigations 
are refrigerated, frozen, or canned pastas, as well as all forms of 
egg pasta, with the exception of dry non-egg pasta containing up to 
two percent egg white.
    \3\ Chairman Peter S. Watson and Vice Chairman Janet A. Nuzum 
made affirmative determinations on the basis of the threat of 
material injury.
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Background

    On May 12, 1995, a petition was filed with the Commission and the 
Department of Commerce by counsel for Borden, Inc., Columbus, OH; 
Hershey Foods Corp, Hershey, PA; and Gooch Foods, Inc. (Archer Daniels 
Midland Co.), Lincoln, NE, alleging that an industry in the United 
States is materially injured or threatened with material injury by 
reason of subsidized imports of certain pasta from Italy or Turkey and 
by reason of LTFV imports from Italy and Turkey. Accordingly, effective 
May 12, 1995, the Commission instituted countervailing duty and 
antidumping investigations No. 701-TA-365-366 (Preliminary) and 731-TA-
734-735 (Preliminary). The petition in these investigations was filed 
subsequent to the effective date of the Uruguay Round Agreements Act 
(``URAA''). These investigations, thus, are subject to the substantive 
and procedural rules of the law as modified by the URAA. See P.L. 103-
465, approved Dec. 8, 1994, 108 Stat. 4809, at Sec. 291.
    Notice of the institution of the Commission's investigations and of 
a public conference to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of May 19, 1995 (60 FR 26899). The 
conference was held in Washington, DC, on June 2, 1995, and all persons 
who requested the opportunity were permitted to appear in person or by 
counsel.
    The Commission transmitted its determinations in these 
investigations to the Secretary of Commerce on June 26, 1995. The views 
of the Commission are contained in USITC Publication 2905 (July 1995), 
entitled ``Certain pasta from Italy and Turkey: Investigations Nos. 
701-TA-365-366 (Preliminary) and 731-TA-734-735 (Preliminary).''

    Issued: June 28, 1995.

[[Page 35564]]

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-16803 Filed 7-7-95; 8:45 am]
BILLING CODE 7020-02-P