[Federal Register: February 5, 2007 (Volume 72, Number 23)]
[Notices]
[Page 5266-5268]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe07-30]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-475-818; A-489-805)
Notice of Final Results of Expedited Sunset Reviews of the
Antidumping Duty Orders: Certain Pasta from Italy and Turkey
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 2, 2006, the Department of Commerce (``the
Department'') initiated five-year (``sunset'') reviews of the
antidumping duty orders on certain pasta (``pasta'') from Italy and
Turkey (71 FR 57921) pursuant to section 751(c) of the Tariff Act of
1930, as amended (``the Act''). On the basis of notices of intent to
participate and substantive comments filed on behalf of the domestic
interested parties, and an untimely response from a respondent
interested party in the sunset review of Turkey, the Department
conducted expedited (120-day) sunset reviews of these antidumping duty
orders. As a result of these reviews, the Department finds that
revocation of the antidumping duty orders on pasta from Italy and
Turkey would be likely to lead to continuation or recurrence of dumping
at the levels indicated in the Final Results of Review section of this
notice.
EFFECTIVE DATE: February 5, 2007.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or Brandon Farlander,
AD/CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
5973 or (202) 482-0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 2, 2006, the Department initiated sunset reviews of the
antidumping duty orders on pasta from Italy and Turkey (71 FR 57921),
pursuant to section 751(c) of the Act. See Initiation of Five-year
(``Sunset'') Reviews, 71 FR 57921 (October 2, 2006). On October 17,
2006, the Department received notices of intent to participate on
behalf of New World Pasta Company, Dakota Growers Pasta Company, A.
Zerga's Sons, Inc., Philadelphia Macaroni Company, and American Italian
Pasta Company (collectively, ``domestic interested parties''), within
the applicable deadline specified in 19 CFR 351.218(d)(1)(i). See
Letter of Domestic Party Notice of Intent to Participate - Sunset
Review of the Antidumping Duty Order on Certain Pasta from Italy, dated
October 17, 2006, and Domestic Party Notice of Intent to Participate -
Sunset Review of the Antidumping Duty Order on Certain Pasta from
Turkey, dated October 17, 2006. The domestic interested parties claimed
interested party status under section 771(9)(C) of the Act, as
producers of pasta in the United States. On November 1, 2006, the
Department received complete substantive responses from the domestic
interested parties within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i). We received one substantive response from a
respondent interested party in these proceedings; however, the response
was returned because it was submitted after the November 1, 2006,
deadline. See Letter from Oba Makarnacilik Sanayi ve Ticaret A.S. to
the Secretary of Commerce, dated November 7, 2006. As a result,
pursuant to 19 CFR 351.218(e)(1)(ii)(C), the Department conducted
expedited, 120-day, sunset reviews of these antidumping duty orders.
Scope of Orders
Italy (A-475-818)
Imports covered by the antidumping duty order on pasta from Italy
include 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 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 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
from the order on pasta from Italy 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 or by Consorzio per il
Controllo dei Prodotti Biologici, by Associazione Italiana per
l'Agricoltura Biologica, or by Instituto per la Certificazione Etica e
Ambientale (``ICEA'') are also excluded from this order.
The merchandise subject to the antidumping duty order on pasta from
[[Page 5267]]
Italy 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:
(1) On August 25, 1997, the Department issued a scope ruling, finding
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 order. See Memorandum from
Edward Easton to Richard Moreland, dated August 25, 1997, on file in
the Central Records Unit (``CRU'') of the main Commerce Building, Room
B-099.
(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 order.
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, on file in the CRU.
(3) On October 23, 1997, the petitioners filed a request that the
Department initiate an anti-circumvention investigation against
Barilla, an Italian producer and exporter of pasta. On October 5, 1998,
the Department issued a final determination that, pursuant to section
781(a) of the Act, Barilla was circumventing the antidumping duty order
by exporting bulk pasta from Italy which it subsequently repackaged in
the United States into packages of five pounds or less for sale in the
United States. 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) (Barilla Circumvention Inquiry).
(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 may be within the scope of the order. On
May 24, 1999, we issued a final scope ruling finding that, effective
October 26, 1998, pasta in packages weighing up to (and including) five
pounds four ounces, and so labeled, is within the scope of the order.
See Memorandum from John Brinkmann to Richard Moreland, dated May 24,
1999 on file in the CRU.
Turkey (A-489-805)
Imports covered by the antidumping duty order on pasta from Turkey
include 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, diastases, vitamins,
coloring and flavorings, and up to two percent egg white. The pasta
covered by this 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 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.
The merchandise subject to review is currently classifiable under
item 1902.19.20 of the 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 Ruling:
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 may be within the scope of the orders. On
May 24, 1999 we issued a final scope ruling finding that, effective
October 26, 1998, pasta in packages weighing up to (and including) five
pounds four ounces, and so labeled, is within the scope of the order.
See Memorandum from John Brinkmann to Richard Moreland, dated May 24,
1999, on file in the CRU.
Analysis of Comments Received
All issues raised by parties to these sunset reviews are addressed
in the Issues and Decision Memorandum Expedited Sunset Reviews of the
Antidumping Duty Orders on Certain Pasta from Italy and Turkey
(``Decision Memorandum'') from Stephen A. Claeys, Deputy Assistant
Secretary for Import Administration, to David M. Spooner, Assistant
Secretary for Import Administration, dated January 30, 2007, which is
hereby adopted by this notice. The issues discussed in the Decision
Memorandum include the likelihood of continuation or recurrence of
dumping and the magnitude of the margins likely to prevail were the
orders revoked. Parties may find a complete discussion of all issues
raised in these reviews and the corresponding recommendations in this
public memorandum which is on file in the CRU. In addition, a complete
version of the Decision Memorandum may be accessed directly on the Web
at http://ia.ita.doc.gov/frn. The paper copy and electronic version of
the Decision Memorandum are identical in content.
Final Results of Reviews
We determine that revocation of the antidumping duty orders on
pasta from Italy and Turkey would likely lead to continuation or
recurrence of dumping at the following weighted-average percentage
margins:
------------------------------------------------------------------------
Weighted-
average
Manufacturers/Exporters/Producers margin
(percent)
------------------------------------------------------------------------
Italy........................................................
Arrighi S.p.A. Industrie Alimentari.......................... 21.34
La Molisana Industrie Alimentari S.p.A....................... 14.78
Liguori Pastificio Dal 1820 S.p.A............................ 12.41
Pastifico Fratelli Pagani S.p.A.............................. 18.30
All Others\1\................................................ 12.09
Turkey.......................................................
Filiz Gida Sanayi ve Ticaret A.S............................. 63.29
Gidasa Sabanci Gida Sanayi ve Ticaret A.S.\2\................ 60.87
[[Page 5268]]
All Others................................................... 60.87
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\1\ Does not apply to 1) CO.R.EX S.p.A.; 2) F.lli De Cecco di Filippo
Fara San Martino S.p.A.; 3) Delverde S.r.l. and its affiliate, Tamma
Industrie Alimentari di Capitanata S.r.l.; 4) De Matteis
Agroalimentare S.p.A.; 5) Pastificio Guido Ferrara S.r.l.; 6) Pasta
Lensi S.r.l. (formerly Italian American Pasta Company); 7) N. Puglisi
& F. Industria Paste Alimentari; or 8) Pastificio Antonio Pallante
S.r.l. and its affiliate Vitelli Foods LLC because these companies are
excluded from the order.
\2\ Gidasa Sabanci Gida Sanayi ve Ticaret A.S. is the successor-in-
interest to Maktas Makarnacilik ve Ticaret A.S., a respondent in the
original investigation.
This sunset review and notice are in accordance with sections
751(c), 752, and 777(i)(1) of the Act.
Dated: January 30, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-1811 Filed 2-2-07; 8:45 am]
BILLING CODE 3510-DS-S