[Federal Register Volume 72, Number 133 (Thursday, July 12, 2007)]
[Notices]
[Pages 38060-38061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13553]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

(A-475-818)


Notice of Partial Rescission of Antidumping Duty Administrative 
Review: Tenth Administrative Review of the Antidumping Duty Order on 
Certain Pasta from Italy

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
BACKGROUND: On July 3, 2006, the Department published a notice of 
opportunity to request an administrative review of the antidumping duty 
order on certain pasta from Italy. See Antidumping or Countervailing 
Duty Order, Finding, or Suspended Investigation: Opportunity to Request 
Administrative Review, 71 FR 37890 (July 3, 2006). We received requests 
for review from petitioners\1\ and from individual Italian exporters/
producers of pasta, in accordance with 19 CFR 351.213(b)(1)&(2). On 
August 30, 2006, the Department published the notice of initiation of 
this antidumping duty administrative review covering the period July 1, 
2005, through June 30, 2006, listing these four companies as 
respondents: Atar, S.r.L. (``Atar'') and Rummo S.p.A. Molino e 
Pastificio (Rummo), Industria Alimentare Colavita S.p.A. (Indalco) and 
Corticella Molini e Pastifici S.p.A./Pasta Combattenti S.p.A. 
(collectively, ``Corticella/Combattenti''). See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Requests 
for Revocation in Part, 71 FR 51573 (August 30, 2006) (``Initiation 
Notice'').
---------------------------------------------------------------------------

    \1\ New World Pasta Company; Dakota Growers Pasta Company; and 
American Italian Pasta Company.
---------------------------------------------------------------------------

    Indalco and Corticella/Combattenti timely withdrew their requests 
for an administrative review of certain pasta from Italy, respectively, 
on August 31, 2006, and on November 28, 2006, pursuant to section 
351.213(d)(1) of the Department's regulations.

EFFECTIVE DATE: July 12, 2007.

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

SUPPLEMENTARY INFORMATION:

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

[[Page 38061]]

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 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''). Although the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the 
merchandise subject to the order is dispositive.

Partial Rescission of Review

    If a party that requested a review withdraws the request within 90 
days of the date of publication of notice of initiation of the 
requested review, the Secretary will rescind the review, in whole or in 
part, pursuant to 19 CFR 351.213(d)(1). In this case, respondents 
Indalco and Corticella/Combattenti withdrew their respective requests 
for review within 90 days from the date of initiation. No other 
interested party requested a review of Indalco or Corticella/
Combattenti and we have received no comments regarding their 
withdrawal. Therefore, consistent with 19 CFR 351.213(d)(1), we are 
rescinding this review of the antidumping duty order on certain pasta 
from Italy in part with respect to Indalco and Corticella/Combattenti.
    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (CBP) 15 days after the publication of 
this notice. The Department will direct CBP to assess antidumping 
duties at the cash deposit rate in effect on the date of entry for 
entries during the period July 1, 2005, through June 30, 2006.
    This notice is in accordance with section 777(i)(1) of the Tariff 
Act of 1930, as amended and 19 CFR 251.213(d)(4).

    Dated: July 3, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-13553 Filed 7-11-07; 8:45 am]
BILLING CODE 3510-DS-S