[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Notices]
[Pages 61788-61789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5952]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-819]


Certain Pasta from Italy: Notice of Partial Rescission of 
Countervailing Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request made on July 29, 2005, by Moline e 
Pastificio Tomasello S.r.L., the Department of Commerce initiated an 
administrative review of the countervailing duty order on certain pasta 
from Italy, covering the period January 1, 2004, through December 31, 
2004. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 70 FR 51009 
(August 29, 2005). As a result of a timely withdrawal of the request 
for review by Moline e Pastificio Tomasello S.r.L., we are rescinding 
this review, in part.

EFFECTIVE DATE: October 26, 2005.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Marc Rivitz, AD/
CVD Operations, Office 1, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone (202) 482-0182 and (202) 482-1382, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 24, 1996, the Department of Commerce (``the Department'') 
published a countervailing duty order on certain pasta from Italy. See 
Notice of Countervailing Duty Order and Amended Final Affirmative 
Countervailing Duty Determination: Certain Pasta (``Pasta'') From 
Italy, 61 FR 38543 (July 24, 1996). On July 29, 2005, Moline e 
Pastificio Tomasello S.r.L. requested an administrative review of the 
countervailing duty order on certain pasta from Italy covering the 
period January 1, 2004, through December 31, 2004. In accordance with 
19 CFR 351.221(c)(1)(i), we published a notice of initiation of the 
review on August 29, 2005. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Requests

[[Page 61789]]

for Revocation in Part, 70 FR 51009 (August 29, 2005). On September 29, 
2005, Moline e Pastificio Tomasello S.r.L. withdrew its request for 
review. No other party requested a review for Moline e Pastificio 
Tomasello S.r.L..

Scope of the Countervailing Duty Order

    Imports covered by this order 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 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, Bioagricoop S.r.l., QC&I International Services, 
Ecocert Italia, Consorzio per il Controllo dei Prodotti Biologici, 
Associazione Italiana per l'Agricoltura Biologica, or Codex S.r.L. In 
addition, based on publically available information, the Department has 
determined that, as of August 4, 2004, imports of organic pasta from 
Italy that are accompanied by the appropriate certificate issued by 
Bioagricert S.r.l. are also excluded from this order. See Memorandum 
from Eric B. Greynolds to Melissa G. Skinner, dated August 4, 2004, 
which is on file in the Department's Central Records Unit (``CRU'') in 
Room B-099 of the main Department building.
    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.
    The Department has issued the following scope rulings:
    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 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 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 S.r.L. (``Barilla''), an Italian producer and 
exporter of pasta. The Department initiated the investigation on 
December 8, 1997. See Initiation of Anti-Circumvention Inquiry on 
Antidumping Duty Order on Certain Pasta From Italy, 62 FR 65673 
(December 15, 1997). On October 5, 1998, the Department issued its 
final determination that, pursuant to section 781(a) of the Tariff Act 
of 1930, as amended by the Uruguay Round Agreements Act effective 
January 1, 1995 (``the Act''), circumvention of the antidumping order 
on pasta from Italy was occurring by reason of exports of bulk pasta 
from Italy produced by Barilla which subsequently were repackaged in 
the United States into packages of five pounds or less for sale in the 
United States. 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.
    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).

Rescission of Review

    The Department's regulations at 351.213(d)(1) provide that the 
Department will rescind an administrative review, in part, if a party 
that requested a review withdraws the request within 90 days of the 
date of publication of the notice of initiation of the requested 
review. Moline e Pastificio Tomasello S.r.L. withdrew its request for 
an administrative review on September 15, 2005, which is within the 90-
day deadline, and no other party requested a review with respect to 
this company. Therefore, the Department is rescinding this 
administrative review, in part, for Moline e Pastificio Tomasello 
S.r.L.
    This notice is issued and published in accordance with 19 CFR 
351.213(d)(4).

    Dated: October 20, 2005.
Gary Taverman,
Acting Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E5-5952 Filed 10-25-05; 8:45 am]
BILLING CODE 3510-DS-S