[Federal Register Volume 72, Number 236 (Monday, December 10, 2007)]
[Notices]
[Pages 69662-69663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23892]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Notice of Partial Rescission of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: December 10, 2007.
SUMMARY: In response to requests for administrative review received on 
July 31, 2007, the Department of Commerce (the Department) initiated an 
administrative review of the antidumping duty order on certain pasta 
from Italy covering the period July 1, 2006, through June 30, 2007.\1\ 
As a result of timely withdrawals of request for review, we are 
rescinding this review, in part, with respect to Valdigrano Di Flavio 
Pagani SrL (Valdigrano), Industria Alimentare Colavita, S.p.A. 
(Indalco) Atar S.r.L. (Atar), Rummo S.P.A. Molina E Pastificio (Rummo), 
Pastificio Pagani S.p.A. (Pagani), Pastificio Carmine Russo and 
Pastificio Russo di Cicciano (collectively, Russo), and Domenico Paone 
fu Erasmo S.p.A. (Domenico).
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation, 72 FR 48613, 
48614 (August 24, 2007) (Initiation Notice).

FOR FURTHER INFORMATION CONTACT: Christopher Hargett, 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-
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4161.

SUPPLEMENTARY INFORMATION: 

Background

    On July 31, 2007, the Department received a request for review from 
Valdigrano, F. Divella SpA (Divella), Pasta Zara SpA (Zara), Pastificio 
Di Martino Gaetano & F.lli SrL (Di Martino), Pastificio Felicetti SrL 
(Felicetti), and from Industria Indalco.\2\ The Department also 
received a request for an administrative review from petitioners \3\ of 
Atar, Rummo, Pagani, Russo, and Domenico.\4\
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    \2\ See Pasta from Italy, Request for Administrative Review of 
Antidumping Order, July 31, 2007.
    \3\ Petitioners are the New World Pasta Company, American 
Italian Pasta Company, and Dakota Growers Pasta Company.
    \4\ See Request for '06-'07 Administrative Review of the 
Antidumping Duty Order on Certain Pasta from Italy, July 31, 2007.
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    On August 24, 2007, the Department initiated the review.\5\ On 
September 4, 2007, Valdigrano withdrew its request for review. On 
September 12, 2007, Indalco withdrew its request for review. On October 
1 and October 5, 2007, petitioners withdrew their request for review on 
Rummo, Pagani, Russo, and Domenico. On November 21, 2007, petitioners 
withdrew their request for review on Atar.
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    \5\ See Initiation Notice.
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    On October 15, 2007, the Department selected Divella, Zara and Atar 
as respondents in the instant review.\6\ On October 15, 2007, the 
Department issued antidumping duty questionnaires to Divella, Zara and 
Atar.\7\
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    \6\ See Selection of Respondents for Individual Review Memo from 
the Team to Melissa Skinner, dated October 15, 2007.
    \7\ See request for information from the Department to Divella, 
Zara and Atar, dated October 15, 2007.
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Scope of Order

    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 
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.

[[Page 69663]]

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.\8\
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    \8\ See Memorandum from Edward Easton to Richard Moreland, dated 
August 25, 1997.
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    (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.\9\
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    \9\ 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.
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    (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.\10\
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    \10\ 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).
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    (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.\11\
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    \11\ See Memorandum from John Brinkmann to Richard Moreland, 
dated May 24, 1999.
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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 pursuant to 19 
CFR 351.213(d)(1). In this case, petitioners, Valdigrano, and Indalco 
withdrew their requests for administrative reviews within 90 days from 
the date of initiation. No other party requested review of the 
companies covered by each of the requests for review. Therefore, we are 
rescinding this review of the antidumping duty order on certain pasta 
from Italy, in part, with respect to Rummo, Pagani, Russo, Domenico, 
Indalco, Valdigrano and Atar.
    The Department will issue appropriate assessment instructions 
directly 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, 2006, 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: December 3, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-23892 Filed 12-7-07; 8:45 am]
BILLING CODE 3510-DS-P