[Federal Register Volume 68, Number 134 (Monday, July 14, 2003)]
[Notices]
[Pages 41553-41554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17746]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818; C-475-819]


Notice of Final Results of Antidumping and Countervailing Duty 
Changed Circumstances Reviews: Certain Pasta From Italy

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final results of antidumping and countervailing duty 
changed circumstances reviews.

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SUMMARY: On April 7, 2003, the Department of Commerce (the Department) 
published the notice of initiation and preliminary results of its 
changed circumstances reviews examining whether Pasta Lensi S.r.l. 
(Lensi) is the successor-in-interest to Italian American Pasta Company 
Italia S.r.l. (IAPC) for purposes of determining antidumping and 
countervailing duty liability. See Notice of Initiation and Preliminary 
Results of Antidumping and Countervailing Duty Changed Circumstances 
Reviews: Certain Pasta from Italy, 68 FR 16763 (Preliminary Results).
    As a result of these reviews, the Department finds that Lensi is 
the successor-in-interest to IAPC, and Lensi should retain the 
antidumping and countervailing duty deposit rates assigned to IAPC by 
the Department in the most recently completed antidumping and 
countervailing duty administrative reviews.

EFFECTIVE DATES: July 14, 2003.

FOR FURTHER INFORMATION CONTACT: Alicia Kinsey (Antidumping) or Stephen 
Cho (Countervailing), Office of AD/CVD Enforcement, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th and Constitution Avenue, NW., Washington, DC 20230; 
telephone: (202) 482-4793 or (202) 482-3798, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act. In addition, unless otherwise indicated, 
all citations to the Department's regulations refer to the regulations 
codified at 19 CFR part 351 (2002).

Background

    On April 7, 2003, the Department published the notice of initiation 
and preliminary results of its changed circumstances reviews examining 
whether Lensi is the successor-in-interest to IAPC for purposes of 
determining antidumping and countervailing duty liability. See 
Preliminary Results, 68 FR 16763. We gave interested parties 30 days to 
comment on our preliminary results. However, no interested parties 
provided comments or requested a hearing.

Scope of Reviews

    Imports covered by these reviews are shipments of certain non-egg 
dry pasta in packages of five pounds (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

[[Page 41554]]

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 these reviews 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.
    The merchandise subject to review is currently classifiable under 
item 1902.19.20 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheading is provided for convenience and 
customs purposes, the written description of the merchandise subject to 
the orders is dispositive.

Scope Rulings

    The Department has issued the following scope rulings to date:
    (1) 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 the antidumping and countervailing duty 
orders. See Memorandum from Edward Easton to Richard Moreland, dated 
August 25, 1997, which is on file in the Central Records Unit (CRU), 
room B-099 of the main Commerce Department Building.
    (2) On July 30, 1998, the Department issued a scope ruling, finding 
that multipacks consisting of six one-pound packages of pasta that are 
shrink-wrapped into a single package are within the scope of the 
antidumping and countervailing duty orders. See Letter from Susan H. 
Kuhbach to Barbara P. Sidari, dated July 30, 1998, which is available 
in the CRU.
    (3) On October 23, 1997, the petitioners filed an application 
requesting that the Department initiate an anti-circumvention 
investigation of Barilla, an Italian producer and exporter of pasta. 
The Department initiated the investigation on December 8, 1997 (62 FR 
65673). On October 5, 1998, the Department issued its final 
determination that Barilla's importation of pasta in bulk and 
subsequent repackaging in the United States into packages of five 
pounds or less constitutes circumvention, with respect to the 
antidumping duty order on pasta from Italy pursuant to section 781(a) 
of the Act, and 19 CFR 351.225(b). See Anti-circumvention Inquiry of 
the Antidumping Duty Order on Certain Pasta from Italy: Affirmative 
Final Determination of Circumvention of the Antidumping Duty Order, 63 
FR 54672 (October 13, 1998).
    (4) On October 26, 1998, the Department self-initiated a scope 
inquiry to determine whether a package weighing over five pounds as a 
result of allowable industry tolerances is within the scope of the 
antidumping and countervailing duty orders. On May 24, 1999, we issued 
a final scope ruling finding that, effective October 26, 1998, pasta in 
packages weighing or labeled up to (and including) five pounds four 
ounces is within the scope of the antidumping and countervailing duty 
orders. See Memorandum from John Brinkmann to Richard Moreland, dated 
May 24, 1999, which is available in the CRU. The following scope ruling 
is pending:
    (5) On April 27, 2000, the Department self-initiated an anti-
circumvention inquiry to determine whether Pagani's importation of 
pasta in bulk and subsequent repackaging in the United States into 
packages of five pounds or less constitutes circumvention, with respect 
to the antidumping and countervailing duty orders on pasta from Italy 
pursuant to section 781(a) of the Act and 19 CFR 351.225(b). See 
Certain Pasta from Italy: Notice of Initiation of Anti-circumvention 
Inquiry of the Antidumping and Countervailing Duty Orders, 65 FR 26179 
(May 5, 2000).

Successorship and Final Results of Reviews

    On the basis of the record developed in these changed circumstances 
reviews, we find Lensi to be the successor-in-interest to IAPC for 
purposes of determining antidumping and countervailing duty liability. 
For a complete discussion of the basis for this decision, see the 
Preliminary Results (68 FR 16763, April 7, 2003). We received no 
comments from any party on the Preliminary Results, and, therefore, 
have adopted the same position for these final results. Therefore, 
Lensi shall retain the antidumping and countervailing duty deposit 
rates assigned to IAPC by the Department in the most recently completed 
administrative reviews of the subject merchandise. This cash deposit 
rate is effective for all shipments of the subject merchandise from 
Lensi entered, or withdrawn from warehouse, for consumption on or after 
the publication date of this notice.
    This notice also serves as a final reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Failure to timely notify 
the Department in writing of the return/destruction of APO material is 
a sanctionable violation.
    We are issuing and publishing these results and notice in 
accordance with sections 751(b)(1) and 777(i)(1) of the Act, and 19 CFR 
351.216 and 19 CFR 351.221(c)(3).

    Dated: July 8, 2003.
Jeffrey May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-17746 Filed 7-11-03; 8:45 am]
BILLING CODE 3510-DS-P