[Federal Register: September 22, 1999 (Volume 64, Number 183)] [Notices] [Page 51293-51294] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr22se99-48] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-475-819] Amendment to Certain Pasta From Italy: Final Results of the Second Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Amendment of Final Results of Countervailing Duty Administrative Review. ----------------------------------------------------------------------- SUMMARY: On August 16, 1999, the Department of Commerce published in the Federal Register its final results of the second administrative review of the countervailing duty order on certain pasta from Italy for the period January 1, 1997 to December 31, 1997 (64 FR 44489). After publishing the final results, we discovered one calculation error, and we received a timely filed allegation regarding another ministerial error. EFFECTIVE DATE: September 22, 1999. FOR FURTHER INFORMATION CONTACT: Vincent Kane, Sally Hastings or Suresh Maniam, AD/CVD Enforcement, Group I, Office 1, Import Administration, US Department of Commerce, Room 1870, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-2815, 482-3463, 482-0176, respectively. Corrections Audisio Industrie Alimentari S.p.A (``Audisio'') and Pastificio Fabianelli S.p.A (``Fabianelli'') The Department of Commerce (``the Department'') inadvertently miscalculated the duty rates for respondents Audisio and Fabianelli. In the final notice, we specified a total duty rate of 1.03 percent for Audisio and 0.49 percent for Fabianelli. In calculating these rates, we erroneously attributed a European Social Fund (ESF) subsidy rate in the amount of 0.04 percent to Fabianelli. The ESF subsidy rate instead should have been attributed to Audisio. Neither the petitioners 1 nor the respondents have made a ministerial error allegation with respect to this miscalculation, and the Department is correcting this error on its own initiative. --------------------------------------------------------------------------- \1\ The petitioners in this review are Borden, Inc., Hershey Foods Corp. and Gooch Foods, Inc. --------------------------------------------------------------------------- Delverde, SrL (``Delverde'') and Tamma Industrie Alimentari, SrL (``Tamma'') On August 26, 1999, respondent (Delverde/Tamma) timely filed a ministerial error allegation. Delverde/Tamma states that, with respect to one publicity grant, the Department should not have countervailed the entire amount of the grant, but instead should have countervailed only that portion of the grant attributable to pasta products. Respondent further states that countervailing only the pasta portion of the grant would be consistent with our previous calculations in the original investigation (see Final Affirmative Countervailing Duty Determination: Certain Pasta from Italy 61 FR 30288, 30303 (June 14, 1996)) and the first administrative review (see Certain Pasta from Italy: Final Results of the Countervailing Duty Administrative Review, 63 FR 43905, 43907 (August 17, 1998)). We agree with the respondent that the Department inadvertently countervailed the entire amount of the grant rather than only that portion of the grant received for pasta products. The petitioners have not commented on this ministerial error allegation. We have made the suggested corrections for the amended final results. Amended Final Results of Review Pursuant to the Department's regulations at 19 CFR 351.224(e), we correct the duty rates for Audisio, Fabianelli, Delverde, and Tamma to be as follows: Ad Valorem Rates ------------------------------------------------------------------------ 01/01/97 through Producer/Exporter 12/31/97 (percent) ------------------------------------------------------------------------ Audisio Industrie Alimentari S.p.A........................... 1.07 Pastificio Fabianelli S.p.A.................................. 0.45 Delverde, SrL................................................ 3.98 Tamma Industrie Alimentari, SrL.............................. 3.98 ------------------------------------------------------------------------ The Department will instruct the US Customs Service (``Customs'') to assess countervailing duties on all appropriate entries on or after January 1, 1997, and on or before December 31, 1997. The Department will issue liquidation instructions directly to Customs. The amended deposit requirements are effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice and shall remain in effect until publication of the final results of the next administrative review. This notice serves as a reminder to all parties subject to an administrative protective order (APO) of their [[Page 51294]] responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 355.34(d). Timely written notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is sanctionable violation. This amendment to the final results of the countervailing duty administrative review notice is in accordance with section 751(a)(1) of the Tariff Act, as amended, (19 U.S.C. 1675(a)(1), 19 CFR 351.213, and 19 CFR 351.221(b)(5)). Dated: September 13, 1999. Richard W. Moreland, Acting Assistant Secretary for Import Administration. [FR Doc. 99-24585 Filed 9-21-99; 8:45 am] BILLING CODE 3510-DS-P