MESSAGE NO: 9293111 DATE: 10 20 1998
CATEGORY: ADA TYPE: OTH
REFERENCE: REFERENCE DATE:
CASES: A - 475 - 818 - -
- - - -
- - - -

PERIOD COVERED: 12 08 1997 TO

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: ANTI-CIRCUMVENTION INQUIRY OF THE ANTIDUMPING DUTY ORDER
ON CERTAIN PASTA FROM ITALY. AFFIRMATIVE FINAL DETERMATION
OF CIRCUMVENTION OF THE ANTIDUMPING DUTY ORDER (A-475-818

1. ON OCTOBER 13, 1998, THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER ITS AFFIRMATIVE FINAL DETERMINATION OF
CIRCUMVENTION OF THE ANTIDUMPING DUTY ORDER ON CERTAIN PASTA FROM
ITALY.

2. SCOPE OF THE ANTIDUMPING DUTY ORDER

THE SCOPE OF THIS ORDER CONSISTS OF CERTAIN NON-EGG DRY
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 VEGETABLES, VEGETABLE PUREES, MILK,
GLUTEN, DIASTASES, VITAMINS, COLORING AND FLAVORINGS, AND UP TO
TWO PERCENT EGG WHITE. THE PASTA COVERED BY THIS SCOPE 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 THIS ORDER 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 TWO PERCENT
EGG WHITE. ALSO EXCLUDED ARE IMPORTS OF ORGANIC PASTA FROM ITALY
THAT ARE ACCOMPANIED BY THE APPROPRIATE CERTIFICATE ISSUED BY THE
INSTITUTO MEDITERRANEO DI CERTIFICAZIONE (IMC), BY BIOAGRICOOP
SCRL, OR BY QC&I INTERNATIONAL SERVICES.

THE MERCHANDISE UNDER ORDER IS CURRENTLY CLASSIFIABLE UNDER
ITEMS 1902.19.20 OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED
STATES (HTSUS). ALTHOUGH THE HTSUS SUBHEADINGS ARE PROVIDED FOR
CONVENIENCE AND CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE
SCOPE OF THIS ORDER IS DISPOSITIVE.

3. SCOPE RULINGS

ON AUGUST 25, 1997, THE DEPARTMENT ISSUED A SCOPE RULING
THAT MULTICOLORED PASTA, IMPORTED IN KITCHEN DISPLAY BOTTLES OF
DECORATIVE GLASS THAT ARE SEALED WITH CORK OR PARAFFIN AND BOUND
WITH RAFFIA, IS EXCLUDED FROM THE SCOPE OF THIS ORDER.

IN ADDITION, THE DEPARTMENT ISSUED A SCOPE RULING ON JULY
30, 1998, THAT MULTIPACKS CONSISTING OF SIX-ONE POUNDS PACKAGES
OF PASTA THAT ARE SHRINK-WRAPPED INTO A SINGLE PACKAGE ARE WITHIN
THE SCOPE OF THE ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.

4. SCOPE OF THE ANTI-CIRCUMVENTION INQUIRY

THE PRODUCT SUBJECT TO THIS ANTI-CIRCUMVENTION INQUIRY IS
CERTAIN PASTA PRODUCED IN ITALY BY BARILLA S.R.L. AND EXPORTED TO
THE UNITED STATES IN PACKAGES OF GREATER THAN FIVE POUNDS (2.27
KILOGRAMS) THAT MEETS ALL THE REQUIREMENTS FOR THE MERCHANDISE
SUBJECT TO THE ANTIDUMPING DUTY ORDER, WITH THE EXCEPTION OF
PACKAGING SIZE, AND WHICH IS REPACKAGED INTO PACKAGES OF FIVE
POUNDS (2.27 KILOGRAMS) OR LESS AFTER ENTRY INTO THE UNITED
STATES.

5. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-475-818.

6. THESE INSTRUCTIONS CONCERN ENTRIES OF CERTAIN PASTA
MANUFACTURED IN ITALY BY BARILLA S.R.L. WHERE THE ENTRIES ARE IN
PACKAGES OF GREATER THAN FIVE POUNDS AS DESCRIBED IN PARAGRAPH 4.
FOR ALL OTHER SHIPMENTS OF CERTAIN PASTA MANUFACTURED IN ITALY
BY BARILLA S.R.L. THAT ARE SUBJECT TO THE ANTIDUMPING DUTY ORDER,
AS DESCRIBED IN PARAGRAPHS 2 AND 3 ABOVE, YOU SHALL, UNLESS
OTHERWISE INSTRUCTED, CONTINUE TO SUSPEND LIQUIDATION OF SUCH
SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON
OR AFTER DECEMBER 8, 1997 AND COLLECT CASH DEPOSITS OF ESTIMATED
ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES.

7. FOR IMPORTS OF CERTAIN PASTA MANUFACTURED IN ITALY BY
BARILLA S.R.L. IN PACKAGES OF GREATER THAN FIVE POUNDS THAT MEET
ALL THE REQUIREMENTS FOR THE MERCHANDISE SUBJECT TO THE
ANTIDUMPING DUTY ORDER, WITH THE EXCEPTION OF PACKAGING SIZE, THE
CUSTOMS SERVICE HAS SUSPENDED LIQUIDATION OF SUCH SHIPMENTS THAT
HAVE BEEN ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON
OR AFTER DECEMBER 8, 1997. CUSTOMS SHALL CONTINUE TO REQUIRE A
CASH DEPOSIT IN THE AMOUNT EQUAL TO THE MARGIN SHOWN BELOW FOR
ONLY THOSE ENTRIES THAT ARE NOT ACCOMPANIED BY THE CERTIFICATE
DESCRIBED IN PARAGRAPH 8 OF THESE INSTRUCTIONS. THIS SUSPENSION
OF LIQUIDATION SHALL REMAIN IN EFFECT UNTIL FURTHER NOTICE.

MFR/PRODUCER CASE NUMBER MARGIN/PERCENTAGE
EXPORTER

BARILLA S.R.L. A-475-818-028 11.26%

8. EXCLUDED FROM THESE SUSPENSION OF LIQUIDATION INSTRUCTIONS
ARE ENTRIES OF CERTAIN PASTA MANUFACTURED IN ITALY BY BARILLA
S.R.L. WHERE THE ENTRIES ARE IN PACKAGES OF GREATER THAN FIVE
POUNDS AND ARE ACCOMPANIED BY A CERTIFICATE PROVIDED BY BARILLA
AMERICA, INC., THE SOLE IMPORTER OF BARILLA PASTA, WHICH
DESCRIBES THE MERCHANDISE ENTERED BY ENTRY NUMBER, PORT OF ENTRY,
DATE OF ENTRY, THE PRODUCT, THE SIZE OF THE PACKAGING FOR THE
ENTERED PRODUCT, THE HARMONIZED TARIFF NUMBER, THE VESSEL, AND
THE IMPORTER'S CERTIFICATION THAT THE MERCHANDISE WAS NOT OR WILL
NOT BE REPACKAGED INTO CONTAINERS OF FIVE POUNDS OR LESS AFTER
ENTRY INTO THE UNITED STATES. THIS CERTIFICATION MAY BE MADE FOR
ENTRIES FROM THE ORIGINAL DATE OF THE SUSPENSION OF LIQUIDATION,
DECEMBER 8, 1997. ACCORDINGLY, CUSTOMS IS DIRECTED TO TERMINATE
THE SUSPENSION OF LIQUIDATION FOR SHIPMENTS OF CERTAIN PASTA
MANUFACTURED IN ITALY BY BARILLA S.R.L., WHERE THE ENTRIES ARE IN
PACKAGES OF GREATER THAN FIVE POUNDS AND ARE ACCOMPANIED BY THE
CERTIFICATE PROVIDED BY BARILLA AMERICA, INC., ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER DECEMBER 8,
1997, AND TO RELEASE ANY BOND OR OTHER SECURITY, AND REFUND ANY
CASH DEPOSIT.

9. THE ASSESSMENT OF ANTIDUMPING 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 UNDER
PAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED
ANTIDUMPING DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE
TO CASH OR BONDS POSTED AS ESTIMATED ANTIDUMPING DUTIES BEFORE
THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTY ORDER.
INTEREST SHALL BE CALCULATED FROM THE DATE PAYMENT OF ESTIMATED
ANTIDUMPING 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.

10. AFTER EXAMINING THIS CERTIFICATION FOR CONSISTENCY WITH THE
ENTRY SUMMARY, THE CUSTOMS SERVICE SHALL FORWARD THE
CERTIFICATION TO THE DEPARTMENT OF COMMERCE, IMPORT
ADMINISTRATION, OFFICE OF AD/CVD ENFORCEMENT II, ROOM 3099, 14TH
STREET AND CONSTITUTION AVENUE, N.W., WASHINGTON, D.C. 20230.

11. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE
ATTRIBUTE "HQ OAB". THE IMPORTING PUBLIC AND OTHER INTERESTED
PARTIES SHOULD CONTACT JOHN BRINKMANN OF IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, OFFICE OF AD/CVD ENFORCEMENT,
AT 202-482-5288.

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

PAUL SCHWARTZ