[Federal Register Volume 72, Number 237 (Tuesday, December 11, 2007)]
[Notices]
[Pages 70298-70300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23968]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta from Italy: Notice of Final Results of the Tenth 
Administrative Review and Partial Rescission of Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 7, 2007, the Department of Commerce (``the 
Department'') published the preliminary results and partial rescission 
of the tenth administrative review for the antidumping duty order on 
certain pasta from Italy. The review covers one manufacturer/ exporter, 
Rummo S.p.A. Molino e Pastificio (``Rummo''). The period of review 
(``POR'') is July 1, 2005, through June 30, 2006. Further, requests for 
review of the antidumping duty order for the following companies were 
withdrawn: Industria Alimentare Colavita S.p.A. (``Indalco'') and 
Corticella Molini e Pastifici S.p.A. and its affiliate Pasta 
Combattenti S.p.A. (collectively, ``Corticella/Combattenti''). We 
rescinded the review with respect to Indalco and Corticella/Combattenti 
on July 12, 2007. In addition we are rescinding the review with respect 
to Atar, S.r.L. (``Atar'').As a result of our analysis of the comments 
received, these final results differ from the preliminary results.

EFFECTIVE DATE: December 11, 2007.

FOR FURTHER INFORMATION CONTACT: Dennis McClure (Atar) and Chris 
Hargett (Rummo), AD/CVD Operations, Office 3, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 
Washington, DC 20230; telephone: (202) 482-5973 and (202) 482-4161, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 7, 2007, the Department published the preliminary results 
of the tenth 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: Tenth 
Administrative Review of the Antidumping Duty Order on Certain Pasta 
from Italy, 72 FR 44082 (August 7, 2007) (``Preliminary Results'').
    Atar and Rummo submitted briefs on September 6, 2007. The 
petitioners submitted their rebuttal brief to Atar on September 14, 
2007. A public hearing was held on October 11, 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.

[[Page 70299]]

    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 were preliminarily 
rescinding the review with respect to Atar because we determined that 
it was not a manufacturer of subject merchandise. Since our preliminary 
results were published, the Department received comments regarding the 
preliminary decision to rescind this review for Atar, in accordance 
with 19 CFR 351.401(h). In the Issues and Decision Memorandum 
accompanying this notice, we discuss the Department's decision to 
rescind this review for Atar.

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 margin exists for 
the period July 1, 2005, through June 30, 2006:

------------------------------------------------------------------------
                Manufacturer/exporter                  Margin (percent)
------------------------------------------------------------------------
Rummo...............................................                1.41
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and U.S. 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 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 rate for Rummo will be the rate 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 15.45 percent, the 
all-others rate established in the implementation of the findings of 
the WTO Panel in US Zeroing (EC). See Implementation of the Findings of 
the WTO Panel in US Zeroing (EC): Notice of Determinations Under 
Section 129 of the Uruguay Round Agreements Act and Revocations and 
Partial Revocations of Certain Antidumping Duty Orders, 72 FR 25261 
(May 4, 2007). These deposit requirements shall remain in effect until 
further notice.

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 these final results of review and 
notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act.


[[Page 70300]]


    Dated: December 4, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.

APPENDIX I

List of Comments in the Issues and Decision Memorandum

Rummo S.p.A. Molino e Pastificio

Comment 1: Application of the Countervailing Duty (``CVD'') offset in 
calculating Rummo's dumping margin

Atar, S.r.L.

Comment 2: Analysis of Atar's Status as a Manufacturer
Comment 3: Treatment of Atar as a Reseller/Exporter
Comment 4: Legal Authority for Terminating Review with Respect to Atar
[FR Doc. E7-23968 Filed 12-10-07; 8:45 am]
BILLING CODE 3510-DS-S