[Federal Register: July 12, 2007 (Volume 72, Number 133)]
[Notices]
[Page 38060-38061]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jy07-34]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-475-818)
Notice of Partial Rescission of Antidumping Duty Administrative
Review: Tenth Administrative Review of the Antidumping Duty Order on
Certain Pasta from Italy
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
BACKGROUND: On July 3, 2006, the Department published a notice of
opportunity to request an administrative review of the antidumping duty
order on certain pasta from Italy. See Antidumping or Countervailing
Duty Order, Finding, or Suspended Investigation: Opportunity to Request
Administrative Review, 71 FR 37890 (July 3, 2006). We received requests
for review from petitioners\1\ and from individual Italian exporters/
producers of pasta, in accordance with 19 CFR 351.213(b)(1)&(2). On
August 30, 2006, the Department published the notice of initiation of
this antidumping duty administrative review covering the period July 1,
2005, through June 30, 2006, listing these four companies as
respondents: Atar, S.r.L. (``Atar'') and Rummo S.p.A. Molino e
Pastificio (Rummo), Industria Alimentare Colavita S.p.A. (Indalco) and
Corticella Molini e Pastifici S.p.A./Pasta Combattenti S.p.A.
(collectively, ``Corticella/Combattenti''). See Initiation of
Antidumping and Countervailing Duty Administrative Reviews and Requests
for Revocation in Part, 71 FR 51573 (August 30, 2006) (``Initiation
Notice'').
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\1\ New World Pasta Company; Dakota Growers Pasta Company; and
American Italian Pasta Company.
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Indalco and Corticella/Combattenti timely withdrew their requests
for an administrative review of certain pasta from Italy, respectively,
on August 31, 2006, and on November 28, 2006, pursuant to section
351.213(d)(1) of the Department's regulations.
EFFECTIVE DATE: July 12, 2007.
FOR FURTHER INFORMATION CONTACT: Maura Jeffords, AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-3146.
SUPPLEMENTARY INFORMATION:
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 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
[[Page 38061]]
Prodotti Biologici, or by Associazione Italiana per l'Agricoltura
Biologica.
In addition, 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 (``ICEA'') are also excluded from this order. See Memorandum
from Audrey Twyman to Susan Kuhbach, dated February 28, 2006, entitled
``Recognition of Instituto per la Certificazione Etica e Ambientale
(``ICEA'') as a Public Authority for Certifying Organic Pasta from
Italy'' which is on file in the Department's CRU.
The merchandise subject to this order 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.
Partial Rescission of Review
If a party that requested a review withdraws the request within 90
days of the date of publication of notice of initiation of the
requested review, the Secretary will rescind the review, in whole or in
part, pursuant to 19 CFR 351.213(d)(1). In this case, respondents
Indalco and Corticella/Combattenti withdrew their respective requests
for review within 90 days from the date of initiation. No other
interested party requested a review of Indalco or Corticella/
Combattenti and we have received no comments regarding their
withdrawal. Therefore, consistent with 19 CFR 351.213(d)(1), we are
rescinding this review of the antidumping duty order on certain pasta
from Italy in part with respect to Indalco and Corticella/Combattenti.
The Department intends to issue assessment instructions to U.S.
Customs and Border Protection (CBP) 15 days after the publication of
this notice. The Department will direct CBP to assess antidumping
duties at the cash deposit rate in effect on the date of entry for
entries during the period July 1, 2005, through June 30, 2006.
This notice is in accordance with section 777(i)(1) of the Tariff
Act of 1930, as amended and 19 CFR 251.213(d)(4).
Dated: July 3, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-13553 Filed 7-11-07; 8:45 am]
BILLING CODE 3510-DS-S