[Federal Register: May 25, 2005 (Volume 70, Number 100)]
[Notices]
[Page 30083-30084]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25my05-63]
-----------------------------------------------------------------------
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.
SUMMARY: On March 1, 2005, 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. The
review covers Atar, S.r.L. (``Atar''). The period of review (``POR'')
is July 1, 2003, through June 30, 2004. The Department received no
comments concerning our preliminary results; therefore, our final
results remain unchanged from our 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, Atar did not
sell subject merchandise at less than normal value (``NV'').
EFFECTIVE DATE: May 25, 2005.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or Maura Jeffords, AD/
CVD Operations Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Ave., NW, Washington, D.C. 20230; telephone: (202) 482-
5793 and (202) 482-3146, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2005, 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, 70 FR
9921 (March 1, 2005) (``Preliminary Results''). We invited interested
parties to comment on our Preliminary Results. We received no case
briefs.
Scope of Review
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 the Consorzio per il Controllo dei Prodotti
Biologici, or by the Associazione Italiana per l'Agricoltura Biologica.
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.
Scope Rulings
The Department has issued the following scope rulings to date:
(1) On August 25, 1997, the Department issued a scope ruling
determining 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 Central Records Unit
(``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
[[Page 30084]]
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).
Final Results of Review
We determine that the following weighted-average margin percentage
exists for Atar for the period July 1, 2003, through June 30, 2004:
------------------------------------------------------------------------
Manufacturer/exporter Margin (percent)
------------------------------------------------------------------------
Atar, S.r.L......................................... 0.0
------------------------------------------------------------------------
Assessment
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries, pursuant to 19 CFR 351.212(b). The Department
calculated importer-specific duty assessment rates on the basis of the
ratio of the total amount of antidumping duties calculated for the
examined sales to the total entered value of the examined sales for
that importer. In accordance with 19 CFR 351.106(c)(2), we will
instruct CBP to liquidate without regard to antidumping duties, all
entries of subject merchandise during the POR for which the importer-
specific assessment rate is zero or de minimis. The Department will
issue appropriate assessment instructions directly to CBP within 15
days of publication of these final results of review.
Cash Deposits Requirements
Bonding will no longer be permitted to fulfill security
requirements for shipments from Atar of pasta from Italy entered, or
withdrawn from warehouse, for consumption in the United States on or
after the publication of this notice in the Federal Register. The
following cash deposit rates shall be required for merchandise subject
to the order entered, or withdrawn from warehouse, for consumption on
or after the publication date of these final results for this new
shipper review, as provided for by section 751(a)(1) of the Act, as
amended: (1) The cash deposit rates for Atar (i.e., for subject
merchandise both manufactured and exported by Atar) will be zero; (2)
the cash deposit rate for exporters who received a rate in a prior
segment of the proceeding will continue to be the rate assigned in that
segment of the proceeding; (3) the cash deposit rate for entries of
subject merchandise exported by Atar but not manufactured by Atar will
continue to be the All Others rate (i.e., 11.26 percent) or the rate
applicable to the manufacturer, if so established; and (4) if neither
the exporter nor the producer is a firm covered in this review or a
prior segment of the proceeding, the cash deposit rate will be 11.26
percent, the All Others rate established in the less-than-fair-value
investigation. These deposit requirements shall remain in effect until
publication fo the final results of the next administrative review.
There are no chages to the rates applicable to any other companies
under this antidumping duty order.
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 could result in the Secretary's
presumption that reimbursement of antidumping and countervailing duties
occurred and the subsequent increase in antidumping and countervailing
duties by the amount of antidumping duties reimbursed.
This notice also is the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely written
notification of the 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 is a sanctionable
violation.
We are issuing and publishing these results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 18, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2654 Filed 5-24-05; 8:45 am]