[Federal Register Volume 78, Number 3 (Friday, January 4, 2013)]
[Notices]
[Pages 693-694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31727]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-819]


Certain Pasta From Italy: Final Results of the Expedited Third 
Sunset Review of the Countervailing Duty Order

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

DATES: Effective Date: January 4, 2013.
SUMMARY: On September 4, 2012, the Department of Commerce 
(``Department'') initiated the third Sunset Review of the 
countervailing duty order on certain pasta from Italy. The Department 
finds that revocation of this countervailing duty order would be likely 
to lead to continuation or recurrence of net countervailable subsidies 
at the rates in the ``Final Results of Reviews'' section of this 
notice.

FOR FURTHER INFORMATION CONTACT: Mahnaz Khan, 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.

SUPPLEMENTARY INFORMATION:

Background

    The countervailing duty order on certain pasta from Italy was 
published on July 24, 1996. See Notice of Countervailing Duty Order and 
Amended Final Affirmative Countervailing Duty Determination: Certain 
Pasta (``Pasta'') From Italy, 61 FR 38544 (July 24, 1996).
    On September 4, 2012, the Department initiated the third sunset 
review of this order, pursuant to section 751(c) of the Tariff Act of 
1930, as amended (``the Act''). See Initiation of Five-Year 
(``Sunset'') Review, 77 FR 53867 (September 4, 2012). The Department 
received a notice of intent to participate from the following domestic 
parties: A. Zerega's Sons, Inc., American Italian Pasta Company, Dakota 
Growers Pasta Company, Inc., New World Pasta Company, and Philadelphia 
Macaroni Company (collectively, ``domestic interested parties''), 
within the deadline specified in 19 CFR 351.218(d)(1)(i).
    The Department received an adequate substantive response to the 
notice of initiation from the domestic interested parties within the 
30-day deadline specified in 19 CFR 351.218(d)(3)(i). The Department 
also received a substantive response from the Government of Italy, but 
received no responses from respondent interested parties. As a result, 
pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the Department is 
conducting an expedited (120-day) sunset review of the countervailing 
duty order on certain pasta from Italy.

Scope of the Order

    The merchandise subject to the order is pasta. The product is 
currently classified under items 1901.90.90.95 and 1902.19.20 of the 
Harmonized Tariff Schedule of the United States (``HTSUS''). Although 
the HTS numbers are provided for convenience and customs purposes, the 
written product description, available in Notice of Countervailing Duty 
Order and Amended Final Affirmative Countervailing Duty Determination: 
Certain Pasta (``Pasta'') From Italy, 61 FR 38544 (July 24, 1996), 
remains dispositive.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Gary Taverman, 
Senior Advisor for Antidumping and Countervailing Duty Operations, to

[[Page 694]]

Lynn Fischer Fox, Deputy Assistant Secretary for Policy and 
Negotiations, dated December 28, 2012, which is hereby adopted by this 
notice. The issues discussed in the Decision Memorandum include the 
likelihood of continuation or recurrence of a countervailable subsidy 
and the net countervailable subsidy likely to prevail if the order was 
revoked. Parties can find a complete discussion of all issues raised in 
this review and the corresponding recommendations in this public 
memorandum, which is on file electronically via Import Administration's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``IA ACCESS''). IA ACCESS is available to registered users at 
http://iaaccess.trade.gov and in the Central Records Unit in room 7046 
of the main Commerce building. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Internet at http://ia.ita.doc.gov/ia/. The signed Decision Memorandum and electronic 
versions of the Decision Memorandum are identical in content.

Final Results of Review

    Pursuant to sections 752(b)(1) and (3) of the Act, we determine 
that revocation of the countervailing duty order on certain pasta from 
Italy would be likely to lead to continuation or recurrence of 
countervailable subsidies at the following net countervailable subsidy 
rates:

------------------------------------------------------------------------
                                                           Net  counter-
                                                             vailable
           Manufacturers/exporters/ producers                 subsidy
                                                             (percent)
------------------------------------------------------------------------
Agritalia, S.r.l........................................            6.84
Arrighi S.p.A. Industrie Alimentari.....................            6.73
De Matteis Agroalimentare S.p.A.........................            6.01
Delverde, S.r.l.........................................            9.64
F. Ili De Cecco di Filippo Fara S. Martino S.p.A........            6.28
Industria Alimentare Colavita, S.p.A....................            5.89
Isola del Grano, S.r.L..................................           13.58
Italpast S.p.A..........................................           13.58
Italpasta S.r.L.........................................            6.73
La Molisana Alimentari S.p.A............................            7.70
Labor, S.r.L............................................           13.58
Molino e Pastificio De Cecco S.p.A. Pescara.............            6.28
Pastificio Guido Ferrara................................            5.22
Pastificio Campano, S.p.A...............................            6.35
Pastificio Riscossa F.lli Mastromauro S.r.L.............           10.69
Tamma Industrie Alimentari di Capitanata................            9.64
All Others..............................................            7.39
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing the final results and notice in 
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act.

    Dated: December 28, 2012.
Lynn Fischer Fox,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2012-31727 Filed 1-3-13; 8:45 am]
BILLING CODE 3510-DS-P