[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] ======================================================================= ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- 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