[Federal Register Volume 72, Number 30 (Wednesday, February 14, 2007)]
[Notices]
[Pages 7011-7013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2563]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Notice of Final Results of the Ninth Administrative Review of the 
Antidumping Duty Order on Certain Pasta from Italy

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 8, 2006, the Department of Commerce (``the 
Department'') published the preliminary results and partial rescission 
of the ninth administrative review for the antidumping duty order on 
certain pasta from Italy. The review covers two manufacturers/ 
exporters: (1) Atar, S.r.L. (``Atar'') and, (2) Corticella Molini e 
Pastifici S.p.A. and its affiliate Pasta Combattenti S.p.A. 
(collectively, ``Corticella/Combattenti''). The period of review 
(``POR'') is July 1, 2004, through June 30, 2005. Further, requests for 
review of the antidumping duty order for the following companies were 
withdrawn: Barilla G.e.R. Fratelli, S.p.A./Barilla Alimentare, S.p.A. 
(``Barilla''), Moline e Pastificio Tomasello S.r.L. (``Tomasello''), 
and Pastificio Laporta S.a.s. (``Laporta''). We are rescinding the 
review with respect to Italpasta/Pasta Berruto S.p.A. 
(``Italpasta'')\1\ because Italpasta submitted a letter stating that it 
had no shipments of subject merchandise during the POR. See 19 CFR 
351.213(d)(3). Finally, we are rescinding the review with respect to 
Pastificio Antonio Pallante S.r.L./Industrie Alimentari Molisane, 
S.r.L./Vitelli Foods, LLC (``Pallante'') because, since the initiation 
of the current review, the Department has revoked the order in part, 
with respect to Pallante, effective July 1, 2004.
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    \1\ In its September 20, 2005, letter, counsel for Italpasta 
S.p.A. informed the Department that it merged with its affiliate, 
Arrighi S.p.A. into a new company Pasta Berruto S.p.A. See Letter to 
the Department from Italpasta, Re: Pasta from Italy; Response to 
Questionnaire (September 20, 2005).
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    As a result of our analysis of the comments received, these final 
results differ from the preliminary results.

EFFECTIVE DATE: February 14, 2007.

FOR FURTHER INFORMATION CONTACT: Dennis McClure and Maura Jeffords for

[[Page 7012]]

Atar and Preeti Tolani for Corticella/Combattenti, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, Washington, DC 20230; telephone: (202) 
482-5973, (202) 482-3146 and (202) 482-0395, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 8, 2006, the Department published the preliminary results 
of the ninth administrative review of the antidumping duty order on 
certain pasta from Italy. See Notice of Preliminary Results and Partial 
Rescission of Antidumping Duty Administrative Review: Ninth 
Administrative Review of the Antidumping Duty Order on Certain Pasta 
from Italy, 71 FR 45017 (August 8, 2006) (``Preliminary Results'').
    On August 1, 2006, we invited Atar to submit comments by August 11, 
2006, and petitioners to submit rebuttal comments by August 21, 2006, 
in response to the Department's particular market situation 
determination. See Letter to Counsel for Atar, August 1, 2006, 
referencing Memorandum to Stephen J. Claeys, RE: Particular Market 
Situation, July 31, 2006. On August 10, Atar requested an extension to 
its deadline, which the Department granted until August 25, 2006. The 
Department extended petitioners' deadline until September 6, 2006. Atar 
submitted its comments on August 25, 2006. On August 30, 2006, counsel 
for the petitioners requested and received an extension until September 
13, 2006. Petitioners submitted their comments on September 13, 2006.
    The Department verified Atar's sales and cost information between 
October 16 and 20, 2006, in Naples, Italy. Following the release of 
verification reports on November 30, 2006, the Department announced 
that interested parties could submit briefs no later than December 28, 
2006, and rebuttal briefs no later than January 5, 2007. A public 
hearing was held on January 16, 2007.

Scope of the Order

    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 Consorzio per il Controllo dei Prodotti Biologici, 
or by Associazione Italiana per l'Agricoltura Biologica.
    In addition, based on publicly available information, the 
Department has determined that, as of March 13, 2003, imports of 
organic pasta from Italy that are accompanied by the appropriate 
certificate issued by Instituto per la Certificazione Etica e 
Ambientale (``ICEA'') are also excluded from this order. See Memorandum 
from Audrey Twyman to Susan Kuhbach, dated February 28, 2006, entitled 
``Recognition of Instituto per la Certificazione Etica e Ambientale 
(``ICEA'') as a Public Authority for Certifying Organic Pasta from 
Italy'' which is on file in the Department's Central Records Unit 
(``CRU'').
    The merchandise subject to this order is currently classifiable 
under item 1902.19.20 of the Harmonized Tariff Schedule of the United 
States (``HTSUS''). The merchandise subject to this order is also 
classifiable under item 1901.90.9095. See Memorandum from Dennis 
McClure to James Terpstra, RE: Request for AD/CVD Module Update with 
the Addition of HTSUS Number for Pasta from Italy (A-475-818), November 
1, 2006. Although the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the merchandise 
subject to the order is dispositive.

Rescission of Review

    In the Preliminary Results, we stated that we are rescinding the 
review for Laporta, Barilla, and Tomasello because they filed 
withdrawal requests within 90 days of the publication of the notice of 
initiation of this review, as required by statute. We also stated that 
we are preliminarily rescinding the review with respect to Italpasta 
because Italpasta submitted a letter stating that it had no shipments 
of subject merchandise during the POR. We also preliminarily rescinded 
the review with respect to Pallante because the Department revoked the 
order in part with respect to Pallante, effective July 1, 2004 after 
the initiation of the current review. See Notice of Final Results of 
the Eighth Administrative Review of the Antidumping Order on Certain 
Pasta From Italy and Determination to Revoke in Part, 70 FR 71464 
(November 29, 2005). Since our preliminary results were published, the 
Department has not received any comments regarding the decision to 
rescind this review for Laporta, Barilla, and Tomasello in accordance 
with 19 CFR 351.213(d)(1), for Italpasta, in accordance with 19 CFR 
351.213(d)(3), and for Pallante, in accordance with 19 CFR 351.222(b). 
Therefore, we are rescinding the reviews of these companies.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum, which is hereby adopted by this notice. A list of the 
issues which parties have raised, and to which we have responded in the 
Issues and Decision Memorandum, is attached to this notice as an 
Appendix. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Issues 
and Decision Memorandum are identical in content.

Final Results of Review

    We determine that the following weighted-average margins exist for 
the period July 1, 2004, through June 30, 2005:

------------------------------------------------------------------------
                Manufacturer/exporter                  Margin (percent)
------------------------------------------------------------------------
Atar................................................               18.18
Corticella/Combattenti..............................                1.95
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and Customs and Border Protection 
(``CBP'') shall assess, antidumping duties on all appropriate entries, 
pursuant to section 751(a)(1)(B) of the Tariff Act of 1930, as amended 
(``the Act'') and 19 CFR 351.212(b). The Department calculated 
importer-specific duty assessment rates on the basis of the ratio of 
the total antidumping duties calculated for the examined sales to the 
total entered value of the examined sales for that importer. Where the 
assessment rate is above de minimis, we will instruct CBP to assess 
duties on all entries of subject merchandise by that importer. The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 (68 FR 23954). This clarification will apply to entries of 
subject merchandise during the period

[[Page 7013]]

of review produced by companies included in these preliminary results 
of review for which the reviewed companies did not know their 
merchandise was destined for the United States. In such instances, we 
will instruct CBP to liquidate unreviewed entries at the ``All Others'' 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction. For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of the administrative 
review for all shipments of certain pasta from Italy entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of these final results, as provided by section 751(a)(1) of 
the Act: (1) The cash deposit rates for the reviewed companies will be 
the rates shown above; (2) for previously reviewed or investigated 
companies not listed above, the cash deposit rate will continue to be 
the company-specific rate published for the most recent period; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
the original less-than-fair-value investigation, but the manufacturer 
is, the cash deposit rate will be the rate established for the most 
recent period for the manufacturer of the merchandise; and (4) the cash 
deposit rate for all other manufacturers or exporters will continue to 
be 11.26 percent, the ``All Others'' rate established in the less-than-
fair-value investigation. See Notice of Antidumping Duty Order and 
Amended Final Determination of Sales at Less Than Fair Value: Certain 
Pasta from Italy, 61 FR 38547 (July 24, 1996). 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 duties and/or 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 increase in antidumping duties 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 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 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: February 5, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.

Appendix I

List of Comments in the Issues and Decision Memorandum

Atar, S.r.L.

Comment 1: Whether the Department should continue to find that a 
particular market situation exists which prevents proper comparison 
with the export price and constructed export price
Comment 2: Indirect Selling Expenses and Profit
Comment 3: Distributions and Salaries
Comment 4: Allocation of Certain Expenses

Corticella Molini e Pastifici S.p.A. and its affiliate Pasta 
Combattenti S.p.A.

Comment 5: Whether the Department made certain clerical errors in the 
margin program
Comment 6: Whether the Department erred in applying the major-input 
rule
[FR Doc. E7-2563 Filed 2-13-07; 8:45 am]
BILLING CODE 3510-DS-S