[Federal Register Volume 69, Number 69 (Friday, April 9, 2004)]
[Notices]
[Pages 18869-18871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8119]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Notice of Final Results of New Shipper Review of the Antidumping 
Duty Order on Certain Pasta From Italy

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

ACTION: Notice of final results of new shipper antidumping duty review.

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SUMMARY: On January 5, 2004, the Department of Commerce published the 
preliminary results of the new shipper review of the antidumping duty 
order on certain pasta from Italy. The review covers Pastificio Carmine 
Russo S.p.A. (``Russo''). The period of review (``POR'') is July 1, 
2002, through December 31, 2002. Based on our analysis of the comments 
received, these final results differ from the preliminary results. The 
final results are listed in the section ``Final Results of Review'' 
below. For our final results, we have found that during the POR, Russo 
sold subject merchandise at less than normal value (``NV'').

EFFECTIVE DATE: April 9, 2004.

FOR FURTHER INFORMATION CONTACT: Alicia Kinsey, AD/CVD Enforcement 
Office VI, Group II, Import Administration, International Trade 
Administration, U.S. Department of Commerce, Washington, DC 20230; 
telephone: (202) 482-4793.

SUPPLEMENTARY INFORMATION:

Background

    On January 5, 2004, the Department of Commerce (``the Department'') 
published the preliminary results of the new shipper review of the 
antidumping duty order on certain pasta from Italy. See Notice of 
Preliminary Results of New Shipper Review of the Antidumping Duty Order 
on Certain Pasta from Italy, 69 FR 319 (January 5,

[[Page 18870]]

2004) (``Preliminary Results''). We invited parties to comment on our 
Preliminary Results. We received case briefs on February 4, 2004, from 
petitioners \1\ and Russo. On February 9, 2004, Russo submitted a 
rebuttal brief. As a result of delayed service of Russo's case brief, 
petitioners requested, and the Department granted, an extension until 
February 13, 2004, to submit their rebuttal brief. See February 10, 
2004, Memorandum to the File from the Team, regarding Extension of Time 
Limit for Rebuttal Brief for Petitioners which is on file in the 
central records unit (``CRU''), room B-099 of the main Commerce 
building.
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    \1\ New World Pasta Company, Dakota Growers Pasta Company, A. 
Zerega Sons, Inc., and American Italian Pasta Company.
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Scope of Review

    Imports covered by this review 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, 
diastasis, 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 review 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 Istituto Mediterraneo Di 
Certificazione, by Bioagricoop Scrl, by QC&I International Services, by 
Ecocert Italia, by Consorzio per il Controllo dei Prodotti Biologici, 
by Associazione Italiana per l'Agricoltura Biologica, or by Codex 
S.R.L.
    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 order 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, Senior Analyst, Office of 
AD/CVD Enforcement V, to Richard Moreland, Deputy Assistant Secretary, 
``Scope Ruling Concerning Pasta from Italy,'' dated August 25, 1997, 
which is on file in the CRU.
    (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, Acting Deputy Assistant Secretary for Import Administration, 
to Barbara P. Sidari, Vice President, Joseph A. Sidari Company, Inc., 
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 America, Inc., and Barilla Alimentare, S.p.A. 
(``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 Tariff Act of 1930, as amended (``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, Program Manager, Office of 
AD/CVD Enforcement VI, to Richard Moreland, Deputy Assistant Secretary, 
``Final Scope Ruling,'' dated May 24, 1999, which is available in the 
CRU.
    (5) On April 27, 2000, the Department self-initiated an anti-
circumvention inquiry to determine whether Pastificio Fratelli Pagani 
S.p.A.''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). On September 19, 2003, we published 
an affirmative finding of the anti-circumvention inquiry. See Anti-
circumvention Inquiry of the Antidumping and Countervailing Duty Orders 
on Certain Pasta from Italy: Affirmative Final Determinations of 
Circumvention of Antidumping and Countervailing Duty Orders, 68 FR 
54888 (September 19, 2003).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this new shipper review are addressed in the Issues and Decision 
Memorandum (``Decision Memorandum'') from Holly A. Kuga, Acting Deputy 
Assistant Secretary for Import Administration, to James J. Jochum, 
Assistant Secretary for Import Administration, dated concurrently with 
this notice, which is hereby adopted by this notice. A list of the 
issues which parties have raised, and to which we have responded in the 
Decision Memorandum, is attached to this notice as an Appendix. In 
addition, a complete version of the Decision Memorandum can be accessed 
directly on the Web at http://ia.ita.doc.gov. The paper copy and the 
electronic version of the Decision Memorandum are identical in content.

Final Results of Review

    We determine that the following weighted-average margin percentage 
exists for Russo for the period July 1, 2002, through December 31, 
2002:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Russo......................................................        10.05
------------------------------------------------------------------------

Assessment

    The Department shall determine, and the U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. In accordance with 19 CFR 351.212(b), we

[[Page 18871]]

have calculated exporter/importer-specific assessment rates by 
aggregating the dumping margins for all U.S. sales to each importer and 
dividing the amount by the total calculated entered value of the sales 
to that importer. In situations in which the importer-specific 
assessment rate is above de miminis, we will instruct the CBP to assess 
antidumping duties on that importer's entries of subject merchandise. 
We will direct the CBP to assess the resulting percentage margins 
against the entered value of the subject merchandise on each of that 
importer's entries during the POR. The Department will issue 
appropriate assessment instructions to CBP within 15 days of 
publication of the final results of this new shipper review.

Cash Deposit Requirements

    The cash deposit rate for Russo will be the rate shown above, and 
will be effective upon publication of this notice of final results of 
the new shipper review, for all shipments of pasta produced by Russo 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of this notice, as provided by section 751(a)(1) of 
the Act. These deposit requirements shall remain in effect until 
publication of the final results of the next administrative review.

Notification

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping and countervailing duties prior to 
liquidation of the relevant entries during this review period. Failure 
to comply with this requirement may result in the Secretary's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of antidumping duties 
increased by the amount of antidumping and/or countervailing duties 
reimbursed.
    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely 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 are sanctionable violations.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(I)(1) of the Act.

    Dated: April 1, 2004.
Jeffrey A. May,
Acting Assistant Secretary for Import Administration.

Appendix I--List of Comments and Issues in the Decision Memorandum

List of Comments

Comment 1: Clerical Error Corrections
Comment 2: Unreconciled Difference
Comment 3: Depreciation on Idled Assets
Comment 4: Financial Expense Ratio
Comment 5: Direct Material Yield Losses
Comment 6: Parent Company's G&A Expenses

[FR Doc. 04-8119 Filed 4-8-04; 8:45 am]
BILLING CODE 3510-DS-P