[Federal Register: November 5, 2007 (Volume 72, Number 213)]
[Notices]
[Page 62437-62438]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05no07-23]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-819]
Certain Pasta from Italy: Notice of Partial Rescission of
Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
SUMMARY: In response to a request made on July 31, 2007, by Valdigrano
Di Flavio Pagani SrL (``Valdigrano''), the Department of Commerce
initiated an administrative review of the countervailing duty order on
certain pasta from Italy covering the period January 1, 2006, through
December 31, 2006. See Initiation of Antidumping and Countervailing
Duty Administrative Reviews and Request for Revocation in Part, 72 FR
48613 (August 24, 2007). As a result of a timely withdrawal of the
request for review by Valdigrano, we are rescinding this review, in
part.
EFFECTIVE DATE: November 5, 2007.
FOR FURTHER INFORMATION CONTACT: Audrey Twyman or Brandon Farlander,
AD/CVD Operations, Office 1, Import Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230; telephone (202) 482-3534 and (202) 482-0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, the Department of Commerce (``the Department'')
[[Page 62438]]
published a countervailing duty order on certain pasta from Italy. See
Notice of Countervailing Duty Order and Amended Final Affirmative
Countervailing Duty Determination: Certain Pasta (``Pasta'') From
Italy, 61 FR 38543 (July 24, 1996). On July 31, 2007, Valdigrano
requested an administrative review of the countervailing duty order on
certain pasta from Italy covering the period January 1, 2006, through
December 31, 2006. In accordance with 19 CFR 351.221(c)(1)(i), we
published a notice of initiation of the review on August 24, 2007. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part, 72 FR 48613 (August 24,
2007). On October 16, 2007, Valdigrano withdrew its request for review.
No other party requested a review for Valdigrano.
Scope of the Countervailing Duty 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, 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 this order. See Memorandum
from Eric B. Greynolds to Melissa G. Skinner, dated August 4, 2004,
which is on file in the Department's Central Records Unit (``CRU'') in
Room B-099 of the main Department building. 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 Central Records Unit (``CRU'') in Room B-099 of the main
Department building.
The merchandise subject to review 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.
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 to Richard Moreland, 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 to Barbara P. Sidari, dated July 30, 1998, which is available
in the CRU.
(3) 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 to Richard Moreland, dated
May 24, 1999, which is available in the CRU.
(4) 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).
Rescission of Review
The Department's regulations at 19 CFR 351.213(d)(1) provide that
the Department will rescind an administrative review, in part, if a
party that requested a review withdraws the request within 90 days of
the date of publication of the notice of initiation of the requested
review. Valdigrano withdrew its request for an administrative review on
October 16, 2007, which is within the 90-day deadline, and no other
party requested a review with respect to this company. Therefore, the
Department is rescinding this administrative review with regard to
Valdigrano.
This notice is issued and published in accordance with section
771(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR
351.213(d)(4).
Dated: October 26, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-21716 Filed 11-2-07; 8:45 am]
BILLING CODE 3510-DS-S