[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Notices]
[Page 1173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-354]


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DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

[A-475-818]


Certain Pasta from Italy: Final Results of Antidumping Duty 
Changed Circumstances Review and Reinstatement of Order

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

EFFECTIVE DATE: January 12, 2009.

FOR FURTHER INFORMATION CONTACT: Eric B. Greynolds, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, Room 4014, 14th Street and Constitution 
Ave., NW., Washington, DC 20230, telephone: (202) 482-6071.

SUPPLEMENTARY INFORMATION:

Background

    On November 19, 2007, the Department of Commerce (the Department) 
published its notice of initiation of antidumping duty (AD) changed 
circumstances review (CCR). See Certain Pasta from Italy: Notice of 
Initiation of Antidumping Duty Changed Circumstances Review, 72 FR 
65010 (November 19, 2007). On February 22, 2008, the Department 
published its notice of preliminary results of AD CCR and intent to 
reinstate the AD order. See Certain Pasta From Italy: Notice of 
Preliminary Results of Antidumping Duty Changed Circumstances Review 
and Intent To Reinstate the Antidumping Duty Order, 73 FR 9769 
(February 22, 2008). On December 22, 2008, the Department extended the 
due date of the final results of the AD CCR until January 2, 2009. See 
Certain Pasta from Italy: Notice of Extension of Final Results of 
Antidumping Duty Change Circumstances Review, 73 FR 80365 (December 31, 
2008).

Scope of the Order

    Imports covered by the 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 the 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, 
by Associazione Italiana per l'Agricoltura Biologica, or by Instituto 
per la Certificazione Etica e Ambientale (ICEA) are also excluded from 
the order.
    The merchandise subject to the 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 subheading is 
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 changed circumstances 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. The Issues and Decision Memorandum is available in the 
Central Records Unit, room 1117, of the main Commerce building. 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 Changed Circumstances Review

    We determine that Pasta Lensi S.r.l. (Lensi) made sales at less 
than normal value (NV) during the 2002-2003 period of review (POR), and 
that, consequently, Lensi no longer qualifies for revocation based upon 
three consecutive reviews resulting in de minimis margins, and that the 
order should be reinstated on certain pasta from Italy related to 
subject merchandise produced and exported by Lensi. For the reasons 
stated in the Preliminary Results and in the Issues and Decision 
Memorandum we continue to determine to base Lensi's margin of dumping 
in the seventh review and its cash deposit rate on adverse facts 
available (AFA). The Department continues to select as AFA the weighted 
average margin of 45.59 percent ad valorem. We will instruct U.S. 
Customs and Border Protection to continue to suspend liquidation of all 
entries of subject merchandise produced and exported by Lensi entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register and to require a 
cash deposit of 45.59 percent. This deposit requirement shall remain in 
effect until further notice.
    This notice is in accordance with sections 751(b)(1) and 777(i) of 
the Tariff Act of 1930, as amended, and 19 CFR 351.216 and 351.222.

    Dated: January 2, 2009.
David M. Spooner,
Assistant Secretary for Import Administration.

APPENDIX

Comment 1: Whether Lensi's Disclosure Of A Certain Data Discrepancy 
Should Be Considered As A Mitigating Factor When Assigning The Cash 
Deposit Rate At Which Lensi Should Be Reinstated
Comment 2: Whether The Adverse Facts Available Cash Deposit Rate 
Applied to Lensi Was In Accordance With The Department's Practice And 
The Law
Comment 3: The Cash Deposit Rate At Which Lensi Should Be Reinstated 
Into the Antidumping Duty Order
Comment 4: Whether The Department's Application Of An Adverse Facts 
Available Rate Represents A Poor Policy Choice
[FR Doc. E9-354 Filed 1-9-09; 8:45 am]
BILLING CODE 3510-DS-S