[Federal Register: November 16, 2005 (Volume 70, Number 220)]
[Notices]
[Page 69515-69516]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no05-43]
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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 29, 2005, by Pastificio
Antonio Pallante, S.r.L., the Department of Commerce initiated an
administrative review of the countervailing duty order on certain pasta
from Italy, covering the period January 1, 2004, through December 31,
2004. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 70 FR 51009
(August 29, 2005). As a result of a timely withdrawal of the request
for review by Pastificio Antonio Pallante, S.r.L., we are rescinding
this review, in part.
EFFECTIVE DATE: November 16, 2005.
FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Marc Rivitz, AD/
CVD Operations, Office 1, Import Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone (202) 482-0182 and (202) 482-1382, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, the Department of Commerce (``the Department'')
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 29, 2005, Pastificio
Antonio Pallante, S.r.L., requested an administrative review of the
countervailing duty order on certain pasta from Italy covering the
period January 1, 2004, through December 31, 2004. In accordance with
19 CFR 351.221(c)(1)(i), we published a notice of initiation of the
review on August 29, 2005. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Requests for Revocation
in Part, 70 FR 51009 (August 29, 2005). On October 25, 2005, Pastificio
Antonio Pallante, S.r.L. withdrew its request for review. No other
party requested a review for Pastificio Antonio Pallante, S.r.L.
Scope
Imports covered by this order 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,
diastases, 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, 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 publically 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.
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.
The Department has issued the following scope rulings:
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 23, 1997, the petitioners filed an application
requesting that the Department initiate an anti-circumvention
investigation of Barilla S.r.L. (``Barilla''), an Italian producer and
exporter of pasta. The Department initiated the investigation on
December 8, 1997. See Initiation of Anti-Circumvention Inquiry on
Antidumping Duty Order on Certain Pasta From Italy, 62 FR 65673
(December 15, 1997). On October 5, 1998, the Department issued its
final determination that, pursuant to section 781(a) of the Tariff Act
of 1930, as amended by the Uruguay Round Agreements Act effective
January 1, 1995 (``the Act''), circumvention of the antidumping order
on pasta from Italy was occurring by reason of exports of
[[Page 69516]]
bulk pasta from Italy produced by Barilla which subsequently were
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).
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 to Richard Moreland, 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).
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. Pastificio Antonio Pallante, S.r.L. withdrew its request for an
administrative review on October 25, 2005, 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, in part, for Pastificio Antonio Pallante, S.r.L.
This notice is issued and published in accordance with 19 CFR
351.213(d)(4).
Dated: November 8, 2005.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-6330 Filed 11-15-05; 8:45 am]
BILLING CODE 3510-DS-S