[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Notices]
[Pages 75400-75402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29393]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-475-818)


Certain Pasta From Italy: Notice of Final Results of the Eleventh 
Administrative Review and Partial Rescission of Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 6, 2008, the Department of Commerce (the Department) 
published the preliminary results of the eleventh administrative review 
for the antidumping duty order on certain pasta from Italy. The review 
covers four manufacturers/exporters: F. Divella SpA (Divella), Pasta 
Zara SpA 1 and Pasta Zara SpA 2 (collectively, Zara), Pastificio Di 
Martino Gaetano & F. lli SrL (Gaetano), and Pastificio Felicetti SrL 
(Felicetti). The period of review (POR) is July 1, 2006, through June 
30, 2007. Divella and Zara were selected as mandatory respondents.\1\
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    \1\ See Memorandum to Melissa Skinner, Director, Office 3, from 
Team regarding Selection of Respondents for Individual Review, 
October 15, 2007.
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    As a result of our analysis of the comments received, the final 
results differ from the preliminary results for Zara, Gaetano and 
Felicetti. The final weighted-average dumping margins for these 
companies are listed below in the ``Final Results of Review'' section 
of this notice.

EFFECTIVE DATE: December 11, 2008.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Zara) and Christopher 
Hargett (Divella), AD/CVD Operations, Office 3, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14\th\ 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-3692 and (202) 482-4161, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 6, 2008, the Department published the preliminary results 
of the eleventh administrative review of the antidumping duty order on 
certain pasta from Italy. See Certain Pasta from Italy: Notice of 
Preliminary Results of Eleventh Antidumping Duty Administrative Review, 
73 FR 45716 (August 6, 2008) (Preliminary Results).
    Petitioners\2\, Divella, and Zara submitted case briefs on October 
20, 2008, and rebuttal briefs on October 27, 2008. On August 15, 2008, 
Divella and Zara requested a hearing. A public hearing was held on 
October 29, 2008.
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    \2\ Petitioners are New World Pasta Company, Dakota Growers 
Pasta Company, and American Italian Pasta Company.
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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

[[Page 75401]]

pasta from Italy that are accompanied by the appropriate certificate 
issued by the Instituto Mediterraneo Di Certificazione, by QC&I 
International Services, by Ecocert Italia, by Consorzio per il 
Controllo dei Prodotti Biologici, by Associazione Italiana per 
l'Agricoltura Biologica, by Codex S.r.L., by Bioagricert S.r.L., or by 
Instituto per la Certificazione Etica e Ambientale. The merchandise 
subject to this order is currently classifiable under items 1902.19.20 
and 1901.90.9095 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the merchandise 
subject to the order is dispositive.

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/, and is on file in the Central Records Unit, main 
Commerce Building, room 1117. 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, 2006, through June 30, 2007:

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                Manufacturer/exporter                  Margin (percent)
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Divella.............................................                2.83
Zara................................................                9.71
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    For those companies not selected as mandatory respondents, we 
determine that the following simple average percentage margin\3\ (based 
on the two reviewed companies) exists for the period July 1, 2006, 
through June 30, 2007:
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    \3\ Because there are only two respondents for which a company-
specific margin was calculated in this review, the Department has 
calculated a simple average margin to ensure that the total import 
quantity and value for each company is not inadvertently revealed.

------------------------------------------------------------------------
                Manufacturer/exporter                  Margin (percent)
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Gaetano.............................................                6.27
Felicetti...........................................                6.27
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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. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 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 rates for Divella, Zara, Gaetano, and 
Felicetti 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 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 cash 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 Secretarys' 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.
    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.

    Dated: December 4, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I

List of Comments in the Issues and Decision Memorandum

General
Comment 1: Legal Standard for Level of Trade
F. Divella S.p.A.
Comment 2: Home Market Advertising Expenses
Comment 3: Home Market Level of Trade

[[Page 75402]]

Comment 4: HANDLH Should be Included in the Home Market Net Price 
Calculation
Pasta Zara S.p.A.
Comment 5: Treatment of Billing Adjustments
Comment 6: Direct Selling Expenses
Comment 7: Whether Zara U.S. Sales are CEP or EP
Comment 8: Zara's Home Market Level of Trade
Comment 9: Wheat Code Classification
Comment 10: Calculation of the G&A and Financial Expense Ratios
Comment 11: Treatment of Sales Proceeds with Respect to the Cost of 
Production
[FR Doc. E8-29393 Filed 12-10-08; 8:45 am]
BILLING CODE 3510-DS-S