[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Notices]
[Pages 30083-30084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2654]


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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.
SUMMARY: On March 1, 2005, 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. The 
review covers Atar, S.r.L. (``Atar''). The period of review (``POR'') 
is July 1, 2003, through June 30, 2004. The Department received no 
comments concerning our preliminary results; therefore, our final 
results remain unchanged from our 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, Atar did not 
sell subject merchandise at less than normal value (``NV'').

EFFECTIVE DATE: May 25, 2005.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Maura Jeffords, AD/
CVD Operations Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW, Washington, D.C. 20230; telephone: (202) 482-
5793 and (202) 482-3146, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 1, 2005, 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, 70 FR 
9921 (March 1, 2005) (``Preliminary Results''). We invited interested 
parties to comment on our Preliminary Results. We received no case 
briefs.

Scope of Review

    Imports covered by this order are shipments of certain non-egg dry 
pasta in packages of five pounds four ounces 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 order 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 Instituto Mediterraneo Di 
Certificazione, by Bioagricoop Scrl, by QC&I International Services, by 
Ecocert Italia, by the Consorzio per il Controllo dei Prodotti 
Biologici, or by the Associazione Italiana per l'Agricoltura Biologica.
    The merchandise subject to this order 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 
determining 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 Central Records Unit 
(``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

[[Page 30084]]

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).

Final Results of Review

    We determine that the following weighted-average margin percentage 
exists for Atar for the period July 1, 2003, through June 30, 2004:

------------------------------------------------------------------------
                Manufacturer/exporter                  Margin (percent)
------------------------------------------------------------------------
Atar, S.r.L.........................................                 0.0
------------------------------------------------------------------------

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries, pursuant to 19 CFR 351.212(b). The Department 
calculated importer-specific duty assessment rates on the basis of the 
ratio of the total amount of antidumping duties calculated for the 
examined sales to the total entered value of the examined sales for 
that importer. In accordance with 19 CFR 351.106(c)(2), we will 
instruct CBP to liquidate without regard to antidumping duties, all 
entries of subject merchandise during the POR for which the importer-
specific assessment rate is zero or de minimis. The Department will 
issue appropriate assessment instructions directly to CBP within 15 
days of publication of these final results of review.

Cash Deposits Requirements

    Bonding will no longer be permitted to fulfill security 
requirements for shipments from Atar of pasta from Italy entered, or 
withdrawn from warehouse, for consumption in the United States on or 
after the publication of this notice in the Federal Register. The 
following cash deposit rates shall be required for merchandise subject 
to the order entered, or withdrawn from warehouse, for consumption on 
or after the publication date of these final results for this new 
shipper review, as provided for by section 751(a)(1) of the Act, as 
amended: (1) The cash deposit rates for Atar (i.e., for subject 
merchandise both manufactured and exported by Atar) will be zero; (2) 
the cash deposit rate for exporters who received a rate in a prior 
segment of the proceeding will continue to be the rate assigned in that 
segment of the proceeding; (3) the cash deposit rate for entries of 
subject merchandise exported by Atar but not manufactured by Atar will 
continue to be the All Others rate (i.e., 11.26 percent) or the rate 
applicable to the manufacturer, if so established; and (4) if neither 
the exporter nor the producer is a firm covered in this review or a 
prior segment of the proceeding, the cash deposit rate will be 11.26 
percent, the All Others rate established in the less-than-fair-value 
investigation. These deposit requirements shall remain in effect until 
publication fo the final results of the next administrative review. 
There are no chages to the rates applicable to any other companies 
under this antidumping duty order.
    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 could result in the Secretary's 
presumption that reimbursement of antidumping and countervailing duties 
occurred and the subsequent increase in antidumping and countervailing 
duties by the amount of antidumping duties reimbursed.
    This notice also is the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the 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 a sanctionable 
violation.
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 18, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2654 Filed 5-24-05; 8:45 am]
BILLING CODE 3510-DS-S