[Federal Register Volume 62, Number 244 (Friday, December 19, 1997)]
[Notices]
[Pages 66602-66603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33237]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-475-818)
Certain Pasta From Italy: Termination of New Shipper Antidumping
Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
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SUMMARY: On February 27, 1997, the Department of Commerce published a
notice of initiation of a new shipper administrative review of the
antidumping duty order on certain pasta from Italy. The Department is
now terminating this review.
EFFECTIVE DATE: December 19, 1997.
FOR FURTHER INFORMATION CONTACT: John Brinkmann or Sunkyu Kim, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C.
20230; telephone (202) 482-5288 or 482-2613, respectively.
Applicable Statute and Regulations
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 Commerce's (the
Department) regulations are to the regulations at 19 CFR Section 353,
as amended by the interim regulations published in the Federal Register
on May 11, 1995 (60 FR 25130).
SUPPLEMENTARY INFORMATION:
Background
On January 31, 1997, GSA S.r.l. (``GSA'') requested that the
Department conduct a new shipper review of the antidumping duty order
on certain pasta from Italy. On February 27, 1997, the Department
published in the Federal Register (62 FR 8927) a notice of initiation
of a new shipper administrative review of the antidumping duty order on
certain pasta from Italy covering GSA and the period July 1, 1996,
through January 31, 1997. On March 3, 1997, we issued the Department's
antidumping duty questionnaire 1 to GSA. GSA submitted its
response to Section A of the questionnaire on March 26, 1997. Based on
our review of the Section A response, we issued a supplemental
questionnaire on April 25, 1997. GSA submitted its response to the
supplemental Section A questionnaire along with its Sections B and C
responses on May 6, 1997. Subsequently, we issued additional
supplemental questionnaires to GSA. GSA's responses to these
questionnaires were received in June, July and September 1997.
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\1\ Section A of the questionnaire requests information
concerning a company's corporate structure and business practices,
the merchandise under review that it sells, and the sales of the
merchandise in all of its markets. Sections B and C of the
questionnaire request home market sales listings and U.S. sales
listings, respectively.
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On August 13, 1997, in accordance with 19 CFR 353.22 (h)(7), the
Department extended the time for completion of the preliminary results
of this review to no later than December 17, 1997, because the
Department determined that this case is extraordinarily complicated (62
FR 44107 (August 19, 1997)).
Termination of Review
The respondent, GSA, is a trading company in Italy that purchased
the merchandise under review from an unaffiliated producer and resold
to customers in the home market and the United States during the POR.
Based on our analysis of the data submitted to date by GSA, we conclude
that the producer of GSA's pasta, which is unaffiliated with GSA, knew
or had reason to know that its merchandise was destined for export to
the United States at the time it sold the merchandise to GSA.
Specifically, GSA stated that the subject pasta was packaged and
labeled at the time of production by the producer. A copy of the
packaging, provided in GSA's July 18, 1997, submission, which is
identical in all material respects to the packaging for the pasta
actually purchased and shipped to the United States by GSA, contains
information indicating that the product is destined for the United
States. Specifically, the packaging contains the address of the U.S.
importer. Additionally, certain proprietary information on the record
concerning the nature of the relationship between the parties involved
in this review demonstrate that the producer knew or had reason to know
that the pasta it sold to GSA was destined for the United States. For a
further discussion, see Memorandum to Richard Moreland, Acting Deputy
[[Page 66603]]
Assistant Secretary, Import Administration, dated November 23, 1997.
In determining the basis for export price, we examine the price at
which the first party in the chain of distribution which has knowledge
of the U.S. destination of the merchandise sells the subject
merchandise, either directly to a U.S. purchaser or to an intermediary
such as a trading company. The party making such a sale, with knowledge
of destination, is the appropriate party to be reviewed. See Fresh
Garlic From the People's Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and Partial Termination of
Administrative Review 61 FR 68229 (December 27, 1996).
In this case, GSA's unaffiliated producer knew or had reason to
know that its merchandise was destined for export to the United States
at the time it sold the merchandise to GSA. Therefore, we determine
that it is inappropriate to review GSA's sales transactions. Moreover,
no request was made to review the producer's sales. Accordingly, we are
terminating the current new shipper review with respect to GSA.
This notice is published pursuant to 19 CFR 353.22(h).
Dated: December 12, 1997.
Robert S. LaRussa,
Assistant Secretary, For Import Administration.
[FR Doc. 97-33237 Filed 12-18-97; 8:45 am]
BILLING CODE 3510-DS-P