[Federal Register Volume 72, Number 23 (Monday, February 5, 2007)]
[Notices]
[Pages 5266-5268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1811]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-475-818; A-489-805)


Notice of Final Results of Expedited Sunset Reviews of the 
Antidumping Duty Orders: Certain Pasta from Italy and Turkey

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 2, 2006, the Department of Commerce (``the 
Department'') initiated five-year (``sunset'') reviews of the 
antidumping duty orders on certain pasta (``pasta'') from Italy and 
Turkey (71 FR 57921) pursuant to section 751(c) of the Tariff Act of 
1930, as amended (``the Act''). On the basis of notices of intent to 
participate and substantive comments filed on behalf of the domestic 
interested parties, and an untimely response from a respondent 
interested party in the sunset review of Turkey, the Department 
conducted expedited (120-day) sunset reviews of these antidumping duty 
orders. As a result of these reviews, the Department finds that 
revocation of the antidumping duty orders on pasta from Italy and 
Turkey would be likely to lead to continuation or recurrence of dumping 
at the levels indicated in the Final Results of Review section of this 
notice.

EFFECTIVE DATE: February 5, 2007.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Brandon Farlander, 
AD/CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
5973 or (202) 482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 2, 2006, the Department initiated sunset reviews of the 
antidumping duty orders on pasta from Italy and Turkey (71 FR 57921), 
pursuant to section 751(c) of the Act. See Initiation of Five-year 
(``Sunset'') Reviews, 71 FR 57921 (October 2, 2006). On October 17, 
2006, the Department received notices of intent to participate on 
behalf of New World Pasta Company, Dakota Growers Pasta Company, A. 
Zerga's Sons, Inc., Philadelphia Macaroni Company, and American Italian 
Pasta Company (collectively, ``domestic interested parties''), within 
the applicable deadline specified in 19 CFR 351.218(d)(1)(i). See 
Letter of Domestic Party Notice of Intent to Participate - Sunset 
Review of the Antidumping Duty Order on Certain Pasta from Italy, dated 
October 17, 2006, and Domestic Party Notice of Intent to Participate - 
Sunset Review of the Antidumping Duty Order on Certain Pasta from 
Turkey, dated October 17, 2006. The domestic interested parties claimed 
interested party status under section 771(9)(C) of the Act, as 
producers of pasta in the United States. On November 1, 2006, the 
Department received complete substantive responses from the domestic 
interested parties within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). We received one substantive response from a 
respondent interested party in these proceedings; however, the response 
was returned because it was submitted after the November 1, 2006, 
deadline. See Letter from Oba Makarnacilik Sanayi ve Ticaret A.S. to 
the Secretary of Commerce, dated November 7, 2006. As a result, 
pursuant to 19 CFR 351.218(e)(1)(ii)(C), the Department conducted 
expedited, 120-day, sunset reviews of these antidumping duty orders.

Scope of Orders

Italy (A-475-818)

    Imports covered by the antidumping duty order on pasta from Italy 
include 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 order 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 
from the order on pasta from Italy 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 or by Consorzio per il 
Controllo dei Prodotti Biologici, by Associazione Italiana per 
l'Agricoltura Biologica, or by Instituto per la Certificazione Etica e 
Ambientale (``ICEA'') are also excluded from this order.
    The merchandise subject to the antidumping duty order on pasta from

[[Page 5267]]

Italy 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:
(1) On August 25, 1997, the Department issued a scope ruling, finding 
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 order. See Memorandum from 
Edward Easton to Richard Moreland, dated August 25, 1997, on file in 
the Central Records Unit (``CRU'') of the main Commerce Building, Room 
B-099.
(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 order. 
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, on file in the CRU.
(3) On October 23, 1997, the petitioners filed a request that the 
Department initiate an anti-circumvention investigation against 
Barilla, an Italian producer and exporter of pasta. On October 5, 1998, 
the Department issued a final determination that, pursuant to section 
781(a) of the Act, Barilla was circumventing the antidumping duty order 
by exporting bulk pasta from Italy which it subsequently 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) (Barilla Circumvention Inquiry).
(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 may be within the scope of the order. On 
May 24, 1999, we issued a final scope ruling finding that, effective 
October 26, 1998, pasta in packages weighing up to (and including) five 
pounds four ounces, and so labeled, is within the scope of the order. 
See Memorandum from John Brinkmann to Richard Moreland, dated May 24, 
1999 on file in the CRU.

Turkey (A-489-805)

    Imports covered by the antidumping duty order on pasta from Turkey 
include 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 order 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.
    The merchandise subject to review is currently classifiable under 
item 1902.19.20 of the 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 Ruling:

    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 may be within the scope of the orders. On 
May 24, 1999 we issued a final scope ruling finding that, effective 
October 26, 1998, pasta in packages weighing up to (and including) five 
pounds four ounces, and so labeled, is within the scope of the order. 
See Memorandum from John Brinkmann to Richard Moreland, dated May 24, 
1999, on file in the CRU.

Analysis of Comments Received

    All issues raised by parties to these sunset reviews are addressed 
in the Issues and Decision Memorandum Expedited Sunset Reviews of the 
Antidumping Duty Orders on Certain Pasta from Italy and Turkey 
(``Decision Memorandum'') from Stephen A. Claeys, Deputy Assistant 
Secretary for Import Administration, to David M. Spooner, Assistant 
Secretary for Import Administration, dated January 30, 2007, which is 
hereby adopted by this notice. The issues discussed in the Decision 
Memorandum include the likelihood of continuation or recurrence of 
dumping and the magnitude of the margins likely to prevail were the 
orders revoked. Parties may find a complete discussion of all issues 
raised in these reviews and the corresponding recommendations in this 
public memorandum which is on file in the CRU. In addition, a complete 
version of the Decision Memorandum may be accessed directly on the Web 
at http://ia.ita.doc.gov/frn. The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on 
pasta from Italy and Turkey would likely lead to continuation or 
recurrence of dumping at the following weighted-average percentage 
margins:

------------------------------------------------------------------------
                                                               Weighted-
                                                                 average
              Manufacturers/Exporters/Producers                  margin
                                                               (percent)
------------------------------------------------------------------------
Italy........................................................
Arrighi S.p.A. Industrie Alimentari..........................      21.34
La Molisana Industrie Alimentari S.p.A.......................      14.78
Liguori Pastificio Dal 1820 S.p.A............................      12.41
Pastifico Fratelli Pagani S.p.A..............................      18.30
All Others\1\................................................      12.09
Turkey.......................................................
Filiz Gida Sanayi ve Ticaret A.S.............................      63.29
Gidasa Sabanci Gida Sanayi ve Ticaret A.S.\2\................      60.87

[[Page 5268]]

 
All Others...................................................      60.87
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\1\ Does not apply to 1) CO.R.EX S.p.A.; 2) F.lli De Cecco di Filippo
  Fara San Martino S.p.A.; 3) Delverde S.r.l. and its affiliate, Tamma
  Industrie Alimentari di Capitanata S.r.l.; 4) De Matteis
  Agroalimentare S.p.A.; 5) Pastificio Guido Ferrara S.r.l.; 6) Pasta
  Lensi S.r.l. (formerly Italian American Pasta Company); 7) N. Puglisi
  & F. Industria Paste Alimentari; or 8) Pastificio Antonio Pallante
  S.r.l. and its affiliate Vitelli Foods LLC because these companies are
  excluded from the order.
\2\ Gidasa Sabanci Gida Sanayi ve Ticaret A.S. is the successor-in-
  interest to Maktas Makarnacilik ve Ticaret A.S., a respondent in the
  original investigation.

    This sunset review and notice are in accordance with sections 
751(c), 752, and 777(i)(1) of the Act.

    Dated: January 30, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-1811 Filed 2-2-07; 8:45 am]
BILLING CODE 3510-DS-S