[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Notices]
[Page 38473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18794]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 701-TA-365-366 (Final) and 731-TA-734-735 (Final)]
Certain Pasta From Italy and Turkey
Determinations
On the basis of the record 1 developed in the subject
investigations, the Commission determines,2 pursuant to section
705(b) of the Tariff Act of 1930 (the Act),3 that an industry in
the United States is materially injured by reason of imports from Italy
and Turkey of certain pasta 4 that have been found by the
Department of Commerce to be subsidized by the Governments of Italy and
Turkey.
---------------------------------------------------------------------------
1 The record is defined in section 207.2(f) of the
Commission's Rules of Practice and Procedure (19 CFR Sec. 207.2(f)).
2 Commissioner Watson dissenting.
3 19 USC Sec. 1671d(b).
4 The imported product subject to these investigations,
``certain pasta,'' as defined by the U.S. Department of Commerce
(``Commerce''), consists of dry non-egg pasta in packages of 5
pounds (2.27 kilograms) or less, whether or not enriched or
fortified or containing milk or other optional ingredients such as
chopped vegetables, vegetable purees, milk, gluten, diastases,
vitamins, coloring and flavorings, and up to 2 percent egg white.
The pasta is typically sold in the retail market, in fiberboard or
cardboard cartons or polyethylene or polypropylene bags of varying
dimensions. Certain pasta is described by Commerce as being
classified in subheading 1902.19.20 of the Harmonized Tariff
Schedule of the United States (HTS). 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 non-egg dry
pasta containing up to 2 percent egg white. Also excluded from the
scope of the investigations concerning Italy are imports of dry
organic pasta that are accompanied by the appropriate certificate
issued by the Associazione Marchigiana Agricultura Biologica (AMAB).
---------------------------------------------------------------------------
On the basis of the record developed in the subject investigations,
the Commission also determines,5 pursuant to section 735(b) of the
Act,6 that an industry in the United States is materially injured
by reason of imports from Italy and Turkey of certain pasta that have
been found by the Department of Commerce to be sold in the United
States at less than fair value (LTFV).
---------------------------------------------------------------------------
5 Commissioner Watson dissenting.
6 19 USC Sec. 1673d(b).
---------------------------------------------------------------------------
Background
The Commission instituted these investigations effective October
17, 1995, and January 17, 1996, following preliminary determinations by
the Department of Commerce that imports of certain pasta from Italy and
Turkey were being subsidized within the meaning of section 703(b) of
the Act,7 and were being sold at LTFV within the meaning of
section 733(b) of the Act.8
---------------------------------------------------------------------------
7 19 USC. Sec. 1671b(b).
8 19 USC Sec. 1673b(b).
---------------------------------------------------------------------------
Notice of the institution of the Commission's investigations and of
a public hearing to be held in connection therewith was given by
posting copies of the notices in the Office of the Secretary, U.S.
International Trade Commission, Washington, DC, and by publishing the
notices in the Federal Register of November 28, 1995, and February 7,
1996.9 The hearing was held in Washington, DC, on June 5, 1996,
and all persons who requested the opportunity were permitted to appear
in person or by counsel.
---------------------------------------------------------------------------
9 60 FR 58638 and 61 FR 4681.
---------------------------------------------------------------------------
The Commission transmitted its determinations in these
investigations to the Secretary of Commerce on July 17, 1996. The views
of the Commission are contained in USITC Publication 2977 (July 1996),
entitled ``Certain Pasta from Italy and Turkey: Investigations Nos.
701-TA-365-366 (Final) and 731-TA-734-735 (Final).''
Issued: July 19, 1996.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-18794 Filed 7-23-96; 8:45 am]
BILLING CODE 7020-02-P