[Federal Register Volume 69, Number 81 (Tuesday, April 27, 2004)]
[Notices]
[Pages 22761-22763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9550]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-475-818)


Amended Final Results of the Sixth Administrative Review of the 
Antidumping Duty Order on Certain Pasta from Italy and Determination 
Not to Revoke in Part

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

ACTION: Notice of Amended Final Results of Antidumping Duty 
Administrative Review.

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SUMMARY: On February 10, 2004, the Department of Commerce (the 
Department) published in the Federal Register the final results of the 
sixth administrative review of the antidumping duty order on certain 
pasta from Italy and determination not to revoke in part, for the 
period July 1, 2001, through June 30, 2002 (Notice of Final Results of 
the Sixth Administrative Review of the Antidumping Duty Order on 
Certain Pasta from Italy and Determination Not to Revoke in Part, 69 FR 
6255 (February 10, 2004) (Final Results)). On February 17, 2004, we 
received timely-filed ministerial error allegations from petitioners\1\ 
and Pastificio Lucio

[[Page 22762]]

Garofalo, S.p.A. (Garofalo) pertaining to Garofalo and a clerical error 
allegation from petitioners pertaining to Rummo S.p.A. (Rummo). On 
February 20, 2004, we received Garofalo's rebuttal brief pertaining to 
petitioners' ministerial error allegations. Based on our analysis of 
this information, the Department has revised the margin rate for 
Garofalo.
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    \1\ Petitioners are New World Pasta Company, Dakota Growers 
Pasta Company, A. Zerega's & Sons, Inc. and American Italian Pasta 
Company.

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EFFECTIVE DATE: April 27, 2004.

FOR FURTHER INFORMATION CONTACT: Carrie Farley (202) 482-0395 Office of 
AD/CVD Enforcement VI, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

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 Assist Secretary, 
``Scope Ruling Concerning Pasta from Italy,'' 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, 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 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).

Amended Final Results

    With respect to Garofalo, petitioners alleged that the Department 
made three ministerial errors in calculating Garofalo's final ad 
valorem margin. Petitioners alleged that the Department: (1) did not 
correctly implement its decision to collapse two of Garofalo's reported 
wheat codes; (2) did not correctly calculate revised G&A expense and 
interest expense; and (3) incorrectly calculated imputed credit.
    We agree with petitioners that their first allegation is 
ministerial in nature and that we did not implement correctly our 
decision on collapsing the two wheat codes. Therefore, we corrected 
Garofalo's final margin program accordingly. However, the Department 
disagrees with petitioners' second and third allegations on the grounds 
that the alleged errors are not ministerial in nature. Therefore, we 
are not making any adjustments to the calculations with respect to 
Garofalo's G&A expense and interest expense, and imputed credit. See 
the April 19, 2004, memorandum to James J. Jochum, Assistant Secretary 
for Import Administration, from Holly A. Kuga, Acting Deputy Assistant 
Secretary for AD/CVD Enforcement, Group II (Amended Final Memo).
    Garofalo alleged that the Department failed to calculate dumping 
margins for U.S. sales with no home market sales matches. We agree with 
Garofalo that its allegation is ministerial in nature, and we corrected 
Garofalo's final margin accordingly. See Amended Final Memo.

[[Page 22763]]

    With respect to Rummo, petitioners alleged that the Department made 
a clerical error in its narrative characterization of Rummo's margin 
rate as de minimis. We agree with petitioners that this 
characterization was incorrect, and have ensured that the correct 
margin rate of 0.94 percent is applied in liquidation and cash deposit 
instructions.
    As a result of our corrections, for the period July 1, 2001, 
through June 30, 2002, Garofalo's antidumping duty margin increased 
from 2.55 percent to 2.57 percent ad valorem.
    The Department will instruct the U.S. Customs and Border Protection 
(CBP) to assess antidumping duties, as indicated above, on all 
appropriate entries. The Department will issue liquidation instructions 
directly to the CBP. The amended cash deposit requirement is effective 
for all shipments of subject merchandise from Garofalo 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.
    These amended final results are issued and published in accordance 
with section 751(h) of the Act and 19 CFR 351.224.

    Dated: April 19, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-9550 Filed 4-26-04; 8:45 am]
BILLING CODE 3510-DS-S