MESSAGE NO: 7267113 DATE: 09 24 1997
CATEGORY: CVD TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: C - 475 - 819 - -
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PERIOD COVERED: 08 25 1997 TO

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: COUNTERVAILING DUTY SCOPE RULING ON CERTAIN
PASTA FROM ITALY (C-475-819)


1. ON 08/25/97, IN RESPONSE TO A REQUEST BY SHONFELD'S
(U.S.A.) INC., THE DEPARTMENT OF COMMERCE ISSUED A FINAL
SCOPE RULING THAT MULTICOLORED PASTA IMPORTED IN KITCHEN
DISPLAY BOTTLES OF DECORATIVE GLASS, WHICH ARE SEALED
WITH CORK OR PARAFFIN AND BOUND WITH RAFFIA, IS NOT
WITHIN THE SCOPE OF THE COUNTERVAILING DUTY
ORDER/FINDINGS COVERING CERTAIN PASTA FROM ITALY (C-475-819).

2. THE COMMERCE DEPARTMENT DETERMINED THAT MULTICOLORED
PASTA IN DECORATIVE GLASS BOTTLES HAS DIFFERENT PHYSICAL
CHARACTERISTICS, EXPECTATIONS OF THE ULTIMATE PURCHASERS,
ULTIMATE USES OF THE PRODUCT, CHANNELS OF TRADE, AND
ADVERTISING THAN THOSE OF STANDARD PASTA FOR CONSUMPTION.
THEREFORE, MULTICOLORED PASTA IN DECORATIVE GLASS BOTTLES
IS NOT WITHIN THE SCOPE OF THE COUNTERVAILING DUTY ORDER
COVERING CERTAIN PASTA FROM ITALY.

3. EFFECTIVE IMMEDIATELY, TERMINATE SUSPENSION PURSUANT
TO THE COUNTERVAILING DUTY ORDER AND LIQUIDATE ALL
UNLIQUIDATED ENTRY SUMMARIES, REGARDLESS OF ENTRY SUMMARY
DATE, OF MULTICOLORED PASTA IN DECORATIVE GLASS BOTTLES
AS DESCRIBED ABOVE.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE
ANY BONDS RELATING TO THE MULTICOLORED PASTA IN
DECORATIVE GLASS BOTTLES AS DESCRIBED ABOVE.

5. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE
CUSTOMS SERVICE ON ENTRIES OF THIS MERCHANDISE IS SUBJECT
TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF
1930. SECTION 778 REQUIRES THAT CUSTOMS PAY INTEREST ON
OVERPAYMENTS, OR ASSESS INTEREST ON UNDERPAYMENTS, OF THE
REQUIRED AMOUNTS DEPOSITED AS ESTIMATED COUNTERVAILING
DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE TO
CASH OR BONDS POSTED AS ESTIMATED COUNTERVAILING DUTIES
BEFORE THE DATE OF PUBLICATION OF THE COUNTERVAILING DUTY
ORDER. INTEREST SHALL BE CALCULATED FROM THE DATE
PAYMENT OF ESTIMATED COUNTERVAILING DUTIES IS REQUIRED
THROUGH THE DATE OF LIQUIDATION. THE RATE AT WHICH SUCH
INTEREST IS PAYABLE IS THE RATE IN EFFECT UNDER SECTION
6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH
PERIOD.

6. CONTINUE TO SUSPEND LIQUIDATION OF ENTRY SUMMARIES
OF PASTA SUBJECT TO THE COUNTERVAILING DUTY ORDER
COVERING CERTAIN PASTA FROM ITALY.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY
CUSTOMS OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE
APPROPRIATE SUPERVISORY CHANNELS, IMPORT OPERATIONS,
ANTIDUMPING/COUNTERVAILING DUTY, USING THE ATTRIBUTE "HQ
OAB." THE IMPORTING PUBLIC AND INTERESTED PARTIES
SHOULD CONTACT EDWARD EASTON OF THE OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE, AT 202-482-1777.

8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.

PAUL SCHWARTZ