MESSAGE NO: 9347205
DATE: 12 13 1999
CATEGORY: CVD
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
C - 475 - 819
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PERIOD COVERED:
01 01 1997
TO
12 31 1997
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL
RE: LIQ. INSTRUCTIONS FOR CVD ON CERTAIN PASTA FROM ITALY
(C-475-819)
1.
THE DEPARTMENT OF COMMERCE HAS PUBLISHED IN THE FEDERAL
REGISTER (64 FR 44489) OF AUGUST 16, 1999, THE FINAL RESULTS OF
ITS ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER
(C-475-
819) ON PASTA FROM ITALY FOR THE REVIEW PERIOD
CALENDAR YEAR
1997.
2.
ACCORDINGLY, FOR COUNTERVAILING DUTY PURPOSES, YOU ARE NOW
INSTRUCTED TO LIQUIDATE ALL SHIPMENTS OF CERTAIN PASTA FROM ITALY
EXPORTED BY THE COMPANIES LISTED BELOW ON OR AFTER JANUARY 1,
1997, AND ON OR BEFORE DECEMBER 31, 1997, AT THE FOLLOWING
PERCENTAGES OF ENTERED VALUE.
BEFORE THESE ENTRIES CAN BE
FINALLY LIQUIDATED, HOWEVER, APPLICABLE ANTIDUMPING DUTIES NEED
ALSO TO BE ASSESSED.
ID NUMBER
COMPANY NAME
RATE (PERCENT)
C-475-819-029
AUDISIO INDUSTRIE ALIMENTARI SPA
1.07
C-475-819-016
PASTIFICIO RISCOSSA F.LLI MASTROMAURO SRL
2.13
C-475-819-036
PASTIFICIO FABIANELLI SPA
0.00
3.
PURSUANT TO ORDERS ISSUED BY THE U.S. COURT OF
INTERNATIONAL TRADE ON DECEMBER 4, 1998, AND NOVEMBER 8, 1999,
DO NOT LIQUIDATE ENTRIES OF THE SUBJECT MERCHANDISE MANUFACTURED
OR EXPORTED BY DELVERDE, S.R.L. (CUSTOMS ID C-475-819-008), AND
TAMMA INDUSTRIE ALIMENTARI DI CAPITANATA, S.R.L. (CUSTOMS ID C-
475-819-017), MADE DURING THE PERIODS OCTOBER 12, 1995, THROUGH
FEBRUARY 13, 1996, AND JULY 24, 1996, THROUGH DECEMBER 31, 1997.
4.
THE FOLLOWING FIRMS REQUESTED A REVIEW OF SHIPMENTS MADE
DURING CALENDAR YEAR 1997 BUT SUBSEQUENTLY WITHDREW THEIR
REQUESTS.
THEREFORE, YOU ARE TO LIQUIDATE ENTRIES FROM THESE
FIRMS OF CERTAIN PASTA FROM ITALY ENTERED, OR WITHDRAW FROM
WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD JANUARY 1, 1997,
THROUGH DECEMBER 31, 1997, AT THE CASH DEPOSIT OR BONDING RATE IN
EFFECT ON THE DATE OF ENTRY FOR EACH OF THE FOLLOWING FIRMS:
C-475-819-031
PASTIFICIO ANTONIO PALLANTE SRL
C-475-819-032
PASTIFICIO MALTAGLIATI
SPA
C-475-819-034
PASTIFICIO LAPORTA
SAS
C-475-819-035
DE GI MA SRL
5.
THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CUSTOMS
SERVICE ON SHIPMENTS OR 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 AND 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 OF PAYMENT OF
ESTIMATED COUNTERVAILING DUTIES 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.
THE SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE
EXPORTED ON OR BEFORE DECEMBER 31,1997, IS LIFTED, EXCEPTED AS
NOTED IN PARAGRAPH 4, ABOVE.
SUSPENSION OF LIQUIDATION FOR ALL
ENTRIES OF THIS MERCHANDISE EXPORTED AFTER DECEMBER 31,1997, WILL
CONTINUE UNTIL FURTHER NOTICE.
7.
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 INTERESTED
PARTIES SHOULD CONTACT SALLY HASTINGS AD/CVD ENFORCEMENT,
IMPORT ADMINISTRATION, DEPARTMENT OF COMMERCE AT (202)482-3464.
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
PAUL SCHWARTZ