[Federal Register: January 2, 2002 (Volume 67, Number 1)]
[Page 59-60]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-819]
Certain Pasta From Italy: Amended Final Results of the Fourth
Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Amendment of final results of Countervailing Duty
Administrative Review.
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SUMMARY: On December 12, 2001, the Department of Commerce published in
the Federal Register its final results of the fourth administrative
review of the countervailing duty order on certain pasta from Italy for
the period January
[[Page 60]]
1 through December 31, 1999 (66 FR 64214). On December 10, 2001, we
received a timely filed ministerial error allegation. Based on our
analysis of this information, the Department of Commerce has revised
the net subsidy rate for N. Puglisi & F. Industria Paste Alimentari
S.p.A.
EFFECTIVE DATE: January 2, 2002.
FOR FURTHER INFORMATION CONTACT: Meg Weems or Craig Matney, AD/CVD
Enforcement, Group I, Office 1, Import Administration, U.S. Department
of Commerce, Room 1870, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone (202) 482-2613 or 482-1778,
respectively.
Corrections
N. Puglisi & F. Industria Paste Alimentari S.p.A. (``Puglisi'')
On December 10, 2001, respondent Puglisi timely filed a ministerial
error allegation. Puglisi states that, with respect to a Law 64/86
industrial development loan (``IDL''), the Department of Commerce
(``the Department'') failed to deduct loan guarantee payments from the
gross loan subsidy received by Puglisi during the period of review,
resulting in a clerical error. Puglisi further explains that the
Department added the loan guarantee payments to the ``total amount of
interest and fee payments made'' and then again added the loan
guarantee payments to the ``total benchmark interest and fees,''
thereby nullifying the deduction of these fees from the countervailable
subsidy. Puglisi suggests that the clerical error be corrected by
either not including the annual fee payments in the ``benchmark
interest and fee amounts,'' or by deducting the annual fee payments
from the gross countervailable subsidy for the loan. The petitioner has
not commented on this ministerial error allegation.
We agree with Puglisi that the Department miscalculated the duty
rate for one of Puglisi's Law 64/86 IDLs by inadvertently nullifying
the deduction of the loan guarantee fees from the countervailable
subsidy. We have corrected this error for the amended final results by
deducting the annual fee payments from the ``total interest and fee
payments made,'' while excluding them from the ``benchmark interest and
fee amounts.''
In the final results, we specified a total duty rate of 7.18
percent for Puglisi. In calculating this rate, we erroneously
calculated the subsidy rate for Puglisi's Law 64/86 IDL to be 0.14
percent. The Law 64/86 IDL subsidy rate should have been 0.08 percent.
Amended Final Results of Review
Pursuant to the Department's regulations at 19 CFR 351.224(e), we
correct the ad valorem rate for Puglisi to be 7.12 percent.
The Department will instruct the Customs Service (``Customs'') to
assess countervailing duties on all appropriate entries on or after
January 1, 1999, and on or before December 31, 1999. The Department
will issue liquidation instructions directly to Customs. The amended
cash 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 amendment to the final results of the countervailing duty
administrative review 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: December 26, 2001.
Richard W. Moreland,
Acting Assistant Secretary for, Import Administration.
[FR Doc. 01-32247 Filed 12-31-01; 8:45 am]
BILLING CODE 3510-DS-P