[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Notices]
[Pages 27634-27636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11700]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-819]


Certain Pasta From Italy: Final Results of Countervailing Duty 
Changed Circumstances Review and Revocation, In Part

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

SUMMARY: On December 15, 2010, the Department of Commerce (``the 
Department'') published its preliminary results of changed 
circumstances review and intent to revoke, in part, the countervailing 
duty (``CVD'') order on certain pasta from Italy.\1\ We are now 
revoking this order, in part, with regard to gluten-free pasta, as 
described in the ``Scope of the Order'' section of this notice. The 
Department confirmed that Petitioners \2\ have no interest in CVD 
relief from imports of gluten-free pasta. The Department received 
comments filed by domestic interested party, Maplegrove Gluten Free 
Goods Inc. (``Maplegrove''), in opposition to the partial revocation; 
however, Maplegrove was unable to demonstrate that Petitioners did not 
represent at least 85 percent of total production of the domestic like 
product. Therefore, the Preliminary Results are hereby adopted as the 
final results.
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    \1\ See Certain Pasta From Italy: Preliminary Results of 
Countervailing Duty Changed Circumstances Review and Intent To 
Revoke, In Part, 75 FR 78223 (December 15, 2010) (``Preliminary 
Results'').
    \2\ New World Pasta Company, Dakota Growers Pasta Company, and 
American Italian Pasta Company (collectively, ``Petitioners'').

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DATES: Effective Date: May 12, 2011.

FOR FURTHER INFORMATION CONTACT: Mahnaz Khan or Jessica Forton, AD/CVD 
Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington DC 20230; telephone (202) 482-0914 
and (202) 482-0509, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 24, 1996, the Department published in the Federal Register 
the CVD order on certain pasta from Italy.\3\ On July 29, 2010, the 
Department received a request on behalf of H.J. Heinz Company 
(``Heinz'') to initiate a no-interest changed circumstances review and 
revocation, in part, of the CVD order on certain pasta from Italy with 
respect to gluten-free pasta.\4\ On September 17, 2010, the Department 
published a notice of initiation of changed circumstances review and 
consideration of revocation of order, in part, with respect to the CVD 
order on certain pasta from Italy with respect to gluten-free pasta.\5\ 
The Department stated that it would publish the final results of this 
changed circumstance review after analyzing comments received by 
interested parties in the briefing period.\6\ On September 27, 2010, 
Petitioners expressed a lack of interest in maintaining the CVD order 
with respect to gluten-free pasta.\7\ On

[[Page 27635]]

November 30, 2010, Petitioners confirmed that they represent 
``substantially all'' of domestic production, as set forth in section 
782(h) of the Tariff Act of 1930, as amended (the ``Act''), and 19 CFR 
351.222(g)(1)(i), which the Department has previously interpreted to 
mean at least 85 percent of the total production of the domestic like 
product covered by the order.\8\ On December 15, 2010, the Department 
issued its Preliminary Results of changed circumstances review and 
intent to revoke, in part, with respect to gluten-free pasta.
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    \3\ See Notice of Countervailing Duty Order and Amended Final 
Affirmative Countervailing Duty Determination: Certain Pasta From 
Italy, 61 FR 38544 (July 24, 1996).
    \4\ See Letter from Heinz to the Department, Request to Initiate 
a No-Interest Changed Circumstances Review and Revocation, in Part, 
with Respect to Gluten-Free Pasta (July 29, 2010) (``Heinz 
Letter''), which is on file in the Central Records Unit (``CRU''), 
Room 7046, main Commerce Building.
    \5\ See Certain Pasta From Italy: Notice of Initiation of 
Changed Circumstances Review and Consideration of Revocation of 
Order, in Part, 75 FR 56992 (September 17, 2010).
    \6\ Id. 75 FR at 56993-94.
    \7\ See Memorandum from Austin Redington, International Trade 
Compliance Analyst, AD/CVD Operations Office 1, to the File, Changed 
Circumstance Review of Certain Pasta from Italy: Statement of No 
Opposition from Domestic Industry (October 13, 2010), which is on 
file in the CRU.
    \8\ See Memorandum from Patricia Tran, Acting Program Manager, 
AD/CVD Operations Office 1, to Nancy Decker, Acting Office Director, 
AD/CVD Operations Office 1, Ex Parte Memorandum: Phone Conversation 
with Counsel for Petitioners (November 30, 2010), which is on file 
in the CRU; see also Certain Corrosion-Resistant Carbon Steel Flat 
Products From Japan: Preliminary Results of Antidumping Duty Changed 
Circumstances Review and Intent Not to Revoke, In Part, 70 FR 35618, 
35624 (June 21, 2005), unchanged in Certain Corrosion-Resistant 
Carbon Steel Flat Products From Japan: Final Results of Antidumping 
Duty Changed Circumstances Review and Determination Not to Revoke, 
In Part, 70 FR 47787 (August 15, 2005).
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Scope of Changed Circumstances Review

    The merchandise covered by this changed circumstances review is 
gluten-free pasta.

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 the scope of the 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 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, Bioagricoop S.r.l., QC&I International Services, 
Ecocert Italia, Consorzio per il Controllo dei Prodotti Biologici, 
Associazione Italiana per l'Agricoltura Biologica, or Codex S.r.l. In 
addition, based on publicly available information, the Department has 
determined that, as of August 4, 2004, imports of organic pasta from 
Italy that are accompanied by the appropriate certificate issued by 
Bioagricert S.r.l. are also excluded from the order.\9\ Furthermore, 
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 are also excluded from the 
order.\10\ Pursuant to this notice, effective January 1, 2009, gluten-
free pasta is also excluded from the scope of the CVD order.
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    \9\ See Memorandum from Eric B. Greynolds to Melissa G. Skinner 
(August 4, 2004), which is on file in the CRU.
    \10\ See Memorandum from Audrey Twyman to Susan Kuhbach, 
Recognition of Instituto per la Certificazione Etica e Ambientale 
(ICEA) as a Public Authority for Certifying Organic Pasta from Italy 
(February 28, 2006), which is on file in the CRU.
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    The merchandise subject to the order is currently classifiable 
under items 1901.90.90.95 and 1902.19.20 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.

Final Results of Changed Circumstance Review; Partial Revocation of CVD 
Order

    On December 27, 2010, Maplegrove, a domestic producer of gluten-
free pasta, expressed an objection to the changed circumstances review 
and intent to revoke, in part, with respect to gluten-free pasta.\11\ 
The Department subsequently notified Maplegrove that its objection must 
present evidence that Petitioners do not represent at least 85 percent 
of the total production of the domestic like product.\12\ In this 
notification, the Department offered Maplegrove an additional 
opportunity to present such evidence. However, Maplegrove did not do 
so. Thus, pursuant to section 782(h) of the Act and 19 CFR 
351.222(g)(1)(i), Maplegrove's objection to the changed circumstances 
review is insufficient to overcome the expressed lack of interest shown 
by Petitioners. Therefore, the Department is partially revoking the CVD 
order on certain pasta with respect to gluten-free pasta from Italy, in 
accordance with sections 751(b), (d) and 782(h) of the Act and 19 CFR 
351.216(d) and 351.222(g).
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    \11\ See Letter from Maplegrove to the Department, Objection to 
the Changed Circumstances Review and Intent to Revoke, in Part, with 
Respect to Gluten-Free Pasta (December 27, 2010), which is on file 
in the CRU.
    \12\ See Letter from Yasmin Nair, Program Manager, AD/CVD 
Operations Office 1, to Maplegrove (March 1, 2011), which is on file 
in the CRU.
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    In the Preliminary Results, we stated that the Department would 
instruct U.S. Customs and Border Protection (``CBP'') to end the 
suspension of liquidation for the merchandise covered by the revocation 
on the effective date of the notice of revocation and to release any 
cash deposit or bond. However, in a comment submitted on October 12, 
2010, Heinz requested that the Department retroactively revoke the CVD 
order, citing Wooden Bedroom Furniture, as support.\13\ On March 31, 
2011, the Department issued a letter to all interested parties inviting 
comment on Heinz's proposal to make effective revocation 
retroactive.\14\ The Department did not receive comments from any 
parties in response to this letter.
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    \13\ See Heinz Letter (citing Wooden Bedroom Furniture from the 
People's Republic of China: Final Results of Changed Circumstances 
Review and Determination to Revoke Order in Part, 74 FR 8506 
(February 25, 2009) (``Wooden Bedroom Furniture'')).
    \14\ See Letter from Yasmin Nair, Program Manager, Office 1, AD/
CVD Operations, to All Interested Parties (March 31, 2011), which is 
on file in the CRU.
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    Therefore, consistent with Wooden Bedroom Furniture, we have 
determined to revoke the CVD order with respect to unliquidated entries 
of gluten-free pasta retroactively to January 1, 2009. This is the date 
following the last day of the most recently completed administrative 
review, and consequently these entries are not subject to a final 
determination by the Department.
    Accordingly, we will instruct CBP to liquidate without regard to 
CVDs all unliquidated entries of gluten-free pasta, entered, or 
withdrawn from warehouse, for consumption on or after January 1, 2009. 
The Department will also instruct CBP to refund with interest any 
estimated CVDs collected with respect to unliquidated entries of 
gluten-free pasta entered, or withdrawn from warehouse for consumption 
on or after January 1, 2009, in accordance with section 778 of the Act 
and 19 CFR 351.222(g)(4). Further, the Department will instruct CBP to 
no longer suspend liquidation on entries with respect to gluten-free 
pasta.
    This notice 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 351.306. Timely written notification of 
the return/destruction of APO materials or conversion to judicial 
protective order is hereby requested.

[[Page 27636]]

Failure to comply with the regulations and terms of an APO is a 
sanctionable violation.
    This changed circumstances review, partial revocation of the CVD 
order and notice are in accordance with sections 751(b) and (d), 
777(i), and 782(h) of the Act and 19 CFR 351.216(e) and 351.222(g).

    Dated: May 5, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-11700 Filed 5-11-11; 8:45 am]
BILLING CODE 3510-DS-P