[Federal Register: April 9, 2004 (Volume 69, Number 69)]
[Notices]
[Page 18869-18871]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap04-27]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Notice of Final Results of New Shipper Review of the Antidumping
Duty Order on Certain Pasta From Italy
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of new shipper antidumping duty review.
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SUMMARY: On January 5, 2004, the Department of Commerce published the
preliminary results of the new shipper review of the antidumping duty
order on certain pasta from Italy. The review covers Pastificio Carmine
Russo S.p.A. (``Russo''). The period of review (``POR'') is July 1,
2002, through December 31, 2002. Based on our analysis of the comments
received, these final results differ from the preliminary results. The
final results are listed in the section ``Final Results of Review''
below. For our final results, we have found that during the POR, Russo
sold subject merchandise at less than normal value (``NV'').
EFFECTIVE DATE: April 9, 2004.
FOR FURTHER INFORMATION CONTACT: Alicia Kinsey, AD/CVD Enforcement
Office VI, Group II, Import Administration, International Trade
Administration, U.S. Department of Commerce, Washington, DC 20230;
telephone: (202) 482-4793.
SUPPLEMENTARY INFORMATION:
Background
On January 5, 2004, the Department of Commerce (``the Department'')
published the preliminary results of the new shipper review of the
antidumping duty order on certain pasta from Italy. See Notice of
Preliminary Results of New Shipper Review of the Antidumping Duty Order
on Certain Pasta from Italy, 69 FR 319 (January 5,
[[Page 18870]]
2004) (``Preliminary Results''). We invited parties to comment on our
Preliminary Results. We received case briefs on February 4, 2004, from
petitioners \1\ and Russo. On February 9, 2004, Russo submitted a
rebuttal brief. As a result of delayed service of Russo's case brief,
petitioners requested, and the Department granted, an extension until
February 13, 2004, to submit their rebuttal brief. See February 10,
2004, Memorandum to the File from the Team, regarding Extension of Time
Limit for Rebuttal Brief for Petitioners which is on file in the
central records unit (``CRU''), room B-099 of the main Commerce
building.
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\1\ New World Pasta Company, Dakota Growers Pasta Company, A.
Zerega Sons, Inc., and American Italian Pasta Company.
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Scope of Review
Imports covered by this review are shipments of certain non-egg dry
pasta in packages of five pounds (2.27 kilograms) 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 review 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 Istituto 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 Codex
S.R.L.
The merchandise subject to review is currently classifiable under
item 1902.19.20 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.
Scope Rulings
The Department has issued the following scope rulings to date:
(1) On August 25, 1997, the Department issued a scope ruling that
multicolored pasta, imported in kitchen display bottles of decorative
glass that are sealed with cork or paraffin and bound with raffia, is
excluded from the scope of the antidumping and countervailing duty
orders. See Memorandum from Edward Easton, Senior Analyst, Office of
AD/CVD Enforcement V, to Richard Moreland, Deputy Assistant Secretary,
``Scope Ruling Concerning Pasta from Italy,'' dated August 25, 1997,
which is on file in the CRU.
(2) On July 30, 1998, the Department issued a scope ruling, finding
that multipacks consisting of six one-pound packages of pasta that are
shrink-wrapped into a single package are within the scope of the
antidumping and countervailing duty orders. See Letter from Susan H.
Kuhbach, Acting Deputy Assistant Secretary for Import Administration,
to Barbara P. Sidari, Vice President, Joseph A. Sidari Company, Inc.,
dated July 30, 1998, which is available in the CRU.
(3) On October 23, 1997, the petitioners filed an application
requesting that the Department initiate an anti-circumvention
investigation of Barilla America, Inc., and Barilla Alimentare, S.p.A.
(``Barilla''), an Italian producer and exporter of pasta. The
Department initiated the investigation on December 8, 1997 (62 FR
65673). On October 5, 1998, the Department issued its final
determination that Barilla's importation of pasta in bulk and
subsequent repackaging in the United States into packages of five
pounds or less constitutes circumvention with respect to the
antidumping duty order on pasta from Italy pursuant to section 781(a)
of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR
351.225(b). See Anti-circumvention Inquiry of the Antidumping Duty
Order on Certain Pasta from Italy: Affirmative Final Determination of
Circumvention of the Antidumping Duty Order, 63 FR 54672 (October 13,
1998).
(4) On October 26, 1998, the Department self-initiated a scope
inquiry to determine whether a package weighing over five pounds as a
result of allowable industry tolerances is within the scope of the
antidumping and countervailing duty orders. On May 24, 1999, we issued
a final scope ruling finding that, effective October 26, 1998, pasta in
packages weighing or labeled up to (and including) five pounds four
ounces is within the scope of the antidumping and countervailing duty
orders. See Memorandum from John Brinkmann, Program Manager, Office of
AD/CVD Enforcement VI, to Richard Moreland, Deputy Assistant Secretary,
``Final Scope Ruling,'' dated May 24, 1999, which is available in the
CRU.
(5) On April 27, 2000, the Department self-initiated an anti-
circumvention inquiry to determine whether Pastificio Fratelli Pagani
S.p.A.''s importation of pasta in bulk and subsequent repackaging in
the United States into packages of five pounds or less constitutes
circumvention, with respect to the antidumping and countervailing duty
orders on pasta from Italy pursuant to section 781(a) of the Act and 19
CFR 351.225(b). See Certain Pasta from Italy: Notice of Initiation of
Anti-circumvention Inquiry of the Antidumping and Countervailing Duty
Orders, 65 FR 26179 (May 5, 2000). On September 19, 2003, we published
an affirmative finding of the anti-circumvention inquiry. See Anti-
circumvention Inquiry of the Antidumping and Countervailing Duty Orders
on Certain Pasta from Italy: Affirmative Final Determinations of
Circumvention of Antidumping and Countervailing Duty Orders, 68 FR
54888 (September 19, 2003).
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this new shipper review are addressed in the Issues and Decision
Memorandum (``Decision Memorandum'') from Holly A. Kuga, Acting Deputy
Assistant Secretary for Import Administration, to James J. Jochum,
Assistant Secretary for Import Administration, dated concurrently with
this notice, which is hereby adopted by this notice. A list of the
issues which parties have raised, and to which we have responded in the
Decision Memorandum, is attached to this notice as an Appendix. In
addition, a complete version of the Decision Memorandum can be accessed
directly on the Web at http://ia.ita.doc.gov. The paper copy and the
electronic version of the Decision Memorandum are identical in content.
Final Results of Review
We determine that the following weighted-average margin percentage
exists for Russo for the period July 1, 2002, through December 31,
2002:
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Margin
Manufacturer/exporter (percent)
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Russo...................................................... 10.05
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Assessment
The Department shall determine, and the U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries. In accordance with 19 CFR 351.212(b), we
[[Page 18871]]
have calculated exporter/importer-specific assessment rates by
aggregating the dumping margins for all U.S. sales to each importer and
dividing the amount by the total calculated entered value of the sales
to that importer. In situations in which the importer-specific
assessment rate is above de miminis, we will instruct the CBP to assess
antidumping duties on that importer's entries of subject merchandise.
We will direct the CBP to assess the resulting percentage margins
against the entered value of the subject merchandise on each of that
importer's entries during the POR. The Department will issue
appropriate assessment instructions to CBP within 15 days of
publication of the final results of this new shipper review.
Cash Deposit Requirements
The cash deposit rate for Russo will be the rate shown above, and
will be effective upon publication of this notice of final results of
the new shipper review, for all shipments of pasta produced by Russo
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of this notice, as provided by section 751(a)(1) of
the Act. These deposit requirements shall remain in effect until
publication of the final results of the next administrative review.
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 and 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 assessment of antidumping duties
increased 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 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 this determination and notice in
accordance with sections 751(a)(1) and 777(I)(1) of the Act.
Dated: April 1, 2004.
Jeffrey A. May,
Acting Assistant Secretary for Import Administration.
Appendix I--List of Comments and Issues in the Decision Memorandum
List of Comments
Comment 1: Clerical Error Corrections
Comment 2: Unreconciled Difference
Comment 3: Depreciation on Idled Assets
Comment 4: Financial Expense Ratio
Comment 5: Direct Material Yield Losses
Comment 6: Parent Company's G&A Expenses
[FR Doc. 04-8119 Filed 4-8-04; 8:45 am]