Notice of Final Results of the Seventh Administrative Review of the Antidumping Duty Order on Certain Pasta from Italy and Determination to Revoke in Part, 6832-6834 [E5-534]
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6832
Federal Register / Vol. 70, No. 26 / Wednesday, February 9, 2005 / Notices
Notice of Finding of No
Significant Impact.
ACTION:
SUMMARY: Notice is hereby given that
the Rural Utilities Service (RUS) has
made a Finding Of No Significant
Impact with respect to a request from
North Carolina Electric Membership
Corporation for financing assistance
from RUS to finance the construction of
a 336 megawatt (MW), simple-cycle
combustion turbine electric generating
facility in Anson County North
Carolina, and a 280 MW simple-cycle
combustion turbine electric generation
facility in Richmond County, North
Carolina.
FOR FURTHER INFORMATION CONTACT:
Lawrence Wolfe, Engineering and
Environmental Staff, RUS, Stop 1571,
1400 Independence Avenue, SW.,
Washington, DC 20250–1571, telephone
(202) 720–5093, e-mail
larry.wolfe@usda.gov.
North
Carolina Electric Membership
Corporation proposes to construct and
operate two simple-cycle combustion
turbine electric generation projects. A
336 MW facility is proposed at a site
located approximately 4 miles east of
Lilesville, just to the north of Blewett
Falls Road (SR 1745) and south of
McCoy Creek in Anson County, North
Carolina. Approximately 20 acres of the
178 acre site will be needed for the
generation facility. The other project
consists of a 280 MW facility proposed
at a site approximately 2.54 miles
southwest of Hamlet west of Airport
Road and south of Marks Creek in
Richmond County, North Carolina.
Approximately 20 acres of the 258 acre
site will be needed for the generation
facility. This facility will also require
the construction of 7.8 miles of 230 kV
transmission line between the
Rockingham Substation and the
Richmond Substation. The transmission
line will be constructed and operated by
Progress Energy. North Carolina Electric
Membership Corporation is expected to
finance the cost of the project through
an RUS guarantee. Specific information
on the facilities to be constructed and
their locations are provided in the
environmental assessment.
Copies of the Finding of No
Significant Impact are available from
RUS at the address provided herein or
from June Small, North Carolina Electric
Membership Corporation, P.O. Box
27306, Raleigh, North Carolina 27611–
7306. Ms. Small may be contacted by
telephone at (919) 872–0800 or e-mail at
june.small@ncemcs.com.
SUPPLEMENTARY INFORMATION:
VerDate jul<14>2003
16:49 Feb 08, 2005
Jkt 205001
Dated: February 4, 2005.
James R. Newby,
Assistant Administrator, Electric Program.
[FR Doc. 05–2515 Filed 2–8–05; 8:45 am]
BILLING CODE 3410–15–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Notice of Final Results of the Seventh
Administrative Review of the
Antidumping Duty Order on Certain
Pasta from Italy and Determination to
Revoke in Part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 6, 2004, the
Department of Commerce published the
preliminary results and partial
rescission of the seventh administrative
review and revocation of the
antidumping duty order in part, for the
antidumping duty order on certain pasta
from Italy. The review covers eight
manufacturers/exporters of the subject
merchandise: (1) Barilla Alimentare,
S.p.A. (Barilla), (2) Corticella Molini e
Pastifici S.p.A. (Corticella) and its
affiliate Pasta Combattenti S.p.A.
(Combattenti) (collectively, Corticella/
Combattenti), (3) Pastificio Guido
Ferrara S.r.l. (Ferrara), (4) Industria
Alimentare Colavita, S.p.A. (Indalco)
and its affiliate Fusco S.r.l. (Fusco)
(collectively Indalco), (5) Pasta Lensi
S.r.l. (Lensi), (6) PAM S.p.A. (PAM), (7)
Pastificio Riscossa F. Illi Mastromauro,
S.r.l. (Riscossa), and (8) Pastificio
Carmine Russo S.p.A./Pastificio Di Nola
S.p.A. (Russo). The period of review
(POR) is July 1, 2002, through June 30,
2003.
As a result of our analysis of the
comments received, these final results
differ from the preliminary results. For
our final results, we have found that
during the POR, Barilla, Corticella/
Combattenti, Indalco, PAM, Riscossa,
and Russo sold subject merchandise at
less than normal value (NV). We have
also found that Ferrara and Lensi did
not make sales of the subject
merchandise at less than NV (i.e., they
have ‘‘zero’’ or de minimis dumping
margins). We have also determined to
revoke the antidumping duty order with
respect to subject merchandise
produced and also exported by Ferrara
and Lensi because each company sold
the subject merchandise at not less than
NV for a period of at least three
consecutive years. See 19 CFR
351.222(b)(2) and the ‘‘Revocation’’
AGENCY:
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section of this notice. The final results
are listed in the ‘‘Final Results of
Review’’ section below.
EFFECTIVE DATE: February 9, 2005.
FOR FURTHER INFORMATION CONTACT:
Mark Young, AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce,
Washington, D.C. 20230; telephone:
(202) 482–6397.
SUPPLEMENTARY INFORMATION:
Background
On August 6, 2004, the Department
published the preliminary results of the
seventh administrative review of the
antidumping duty order on certain pasta
from Italy. See Notice of Preliminary
Results, Partial Rescission of
Antidumping Duty Administrative
Review and Revocation of the
Antidumping Duty Order in Part: For
the Seventh Administrative Review of
the Antidumping Duty Order on Certain
Pasta from Italy, 69 FR 47880 (August
6, 2004) (Preliminary Results). Although
the Department initiated the review of
fifteen companies, we rescinded the
reviews of N. Puglisi & F. Industria
Pasta Alimentari S.p.A. (Puglisi), La
Molisana Industrie Alimentari S.p.a. (La
Molisana), Molino e Pastificio
Tomasello S.r.l. (Tomasello), Pastificio
Antonio Pallante S.r.l. (Pallante) and
Industrie Alimentari Molisane S.r.l.
(IAM) (collectively Pallante/IAM),
Pastificio Fratelli Pagani S.p.A. (Pagani),
Rummo S.p.A. Molino e Pastificio
(Rummo), and Pastificio Lucio Garofalo
S.p.A. (Garofalo). See the ‘‘Background’’
and ‘‘Partial Rescission’’ section of the
Preliminary Results, 69 FR at 47880,
47881. The review covers the remaining
eight manufacturers/exporters: Barilla,
Corticella/Combattenti, Ferrara, Indalco,
Lensi, PAM, Riscossa, and Russo.
We invited parties to comment on our
Preliminary Results. Petitioners1 filed
case briefs on September 7, 2004,
regarding Barilla, Indalco, and Riscossa.
Barilla, Indalco, PAM, Russo, Riscossa,
and Lensi each filed case briefs on
September 7, 2004. On September 13,
2004, petitioners submitted rebuttal
briefs concerning Barilla and Indalco,
and Barilla, Riscossa, and Indalco
submitted rebuttal briefs. On October 6,
2004, a public hearing was held at the
Department of Commerce with respect
to Barilla. On November 4, 2004, the
Department published the notice of
extension of final results of the
antidumping administrative review of
pasta from Italy, extending the date for
1 Petitioners are New World Pasta Company,
Dakota Growers Pasta Company, Borden Foods
Corporation and American Italian Pasta Company.
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Federal Register / Vol. 70, No. 26 / Wednesday, February 9, 2005 / Notices
these final results to February 2, 2005.
See Certain Pasta From Italy: Extension
of Final Results of Antidumping Duty
Administrative Review, 69 FR 64275.
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 Consorzio per il Controllo dei
Prodotti Biologici, or by 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.
Assignment of the Same Antidumping
Duty Rate to Corticella/Combattenti and
CLC
In the Preliminary Results, we stated
that evidence indicates that Corticella/
Combattenti and its toll producer,
Coopertive Lomellina Cerealicoltori
S.r.l. (CLC), are affiliated, and we noted
that the Department recognized, given
the nature of their affiliation, that a
related issue could arise with respect to
whether there is a potential for
manipulation of price or production
and, if so, whether Corticella/
Combattenti and CLC should receive a
single same antidumping duty rate. See
69 FR at 47880. We solicited comments
on the issue for consideration in the
final results of review. We did not
receive any comments on the matter.
For purposes of these final results, we
continue to find that Corticella/
Combattenti and CLC are affiliated.
Further, upon further examination, we
have revised our approach from the
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16:49 Feb 08, 2005
Jkt 205001
Preliminary Results regarding the
antidumping duty rates assigned to
Corticella/Combattenti and CLC.
Specifically, we find that there is
sufficient record evidence to warrant
collapsing Corticella/Combattenti and
CLC pursuant to 19 CFR 351.401(f) and
that the companies should receive a
single weighted–average antidumping
duty margin. For further discussion of
this issue, see the February 2, 2005
memorandum from the Team to Melissa
G. Skinner, Director, AD/CVD
Operations, Office 3, entitled, ‘‘The
relationship of Coopertive Lomellina
Cerealicoltori S.r.l. (CLC) with Corticella
Molini e Pastifici S.p.A. (Corticella) and
its affiliate Pasta Combattenti S.p.A.
(Combattenti, collectively Corticella/
Combattenti),’’ a proprietary document,
the public version of which is available
in the Central Records Unit, room B–099
of the main Department building.
Revocation
In the Preliminary Results, we
preliminarily determined to revoke the
antidumping duty order with respect to
subject merchandise produced and
exported by Ferrara. See 69 FR at 47887.
We did not receive any comments from
interested parties concerning our
revocation with respect to Ferrara. For
the reasons set forth in the Preliminary
Results, 69 FR at 47886, we continue to
find that revocation is appropriate with
respect to Ferrara and, thus, we revoke
the antidumping duty order with
respect to subject merchandise
produced and exported by Ferrara.
Regarding Lensi, in the Preliminary
Results, we found that the company
made sales of subject merchandise at
less than NV. See 69 FR at 47886. As a
result, we preliminarily determined not
to revoke the antidumping duty order
with respect to Lensi. However, as
explained in Comments 13 through 20
of the Issues and Decision
Memorandum that accompanies the
final results of review, we have
corrected certain inadvertent errors in
Lensi’s margin program and, as a result,
find that Lensi did not sell subject
merchandise at less than NV. As noted
in the Issues and Decision
Memorandum, petitioners did not
comment on any of the issues raised by
Lensi, including the revocation issue.
As explained in the February 2, 2005,
memorandum to Melissa G. Skinner,
Director, AD/CVD Operations, Office 3,
from the Team, we find that Lensi has
satisfied all requirements under 19 CFR
351.222(e)(1) and 19 CFR 351.222(b)(2)
entitling it to revocation, and, thus, we
revoke the antidumping duty order with
respect to subject merchandise
produced and exported by Lensi. In
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6833
accordance with 19 CFR 351.222(f)(3),
we will instruct CBP to terminate the
suspension of liquidation for
merchandise produced and exported by
Ferrara or produced and exported by
Lensi, entered, or withdrawn from
warehouse, for consumption on or after
the first day after the period under
review, and to refund any cash deposit.
Analysis of Comments Received
All issues raised in the case and
rebuttal brief by parties to this
administrative review are addressed in
the Issues and Decision Memorandum,
which is hereby adopted by this notice.
A list of the issues which parties have
raised, and to which we have responded
in the Issues and Decision
Memorandum, is attached to this notice
as an Appendix. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the Web at https://ia.ita.doc.gov/frn.
The paper copy and electronic version
of the Decision Memorandum are
identical in content.
Final Results of Review
We determine that the following
weighted–average margins exist for the
period July 1, 2002, through June 30,
2003:
Manufacturer/exporter
Barilla ............................
Corticella/Combattenti ..
Ferrara ..........................
Indalco ..........................
Lensi .............................
PAM ..............................
Riscossa .......................
Russo ............................
All Others ......................
Margin (percent)
7.25
4.00
de minimis
6.03
de minimis
4.78
1.05
7.36
11.26
Assessment
The Department shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries. In accordance
with 19 CFR 351.212(b), we have
calculated exporter/importer–specific
duty assessment rates by aggregating the
dumping margins for the examined U.S.
sales for each importer and dividing the
amount by the total entered value of the
sales for that importer. In situations in
which the importer–specific assessment
rate is above de miminis, we will
instruct CBP to assess antidumping
duties on that importer’s entries of
subject merchandise. The Department
will issue appropriate assessment
instructions directly to CBP within 15
days of publication of these final results
of review.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of
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6834
Federal Register / Vol. 70, No. 26 / Wednesday, February 9, 2005 / Notices
this notice of final results of the
administrative review for all shipments
of certain pasta from Italy entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of these final results, as
provided by section 751(a)(1) of the Act:
(1) The cash deposit rate for the
reviewed companies will be the rates
shown above, except where the margin
is de minimis or zero we will instruct
CBP not to collect cash deposits; (2) for
previously reviewed or investigated
companies not listed above, the cash
deposit rate will continue to be the
company–specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original less-than-fairvalue investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 11.26
percent, the ‘‘All Others’’ rate
established in the less–than-fair–value
investigation. See Notice of
Antidumping Duty Order and Amended
Final Determination of Sales at Less
Than Fair Value: Certain Pasta from
Italy, 61 FR 38547 (July 24, 1996). These
deposit requirements shall remain in
effect until publication of the final
results of the next administrative
review.
Notification
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 duties
and/or countervailing duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement may
result in the Secretary’s presumption
that reimbursement of antidumping
and/or countervailing duties occurred
and the subsequent increase in
antidumping duties by the amount of
antidumping and/or countervailing
duties reimbursed.
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely
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 are
sanctionable violations.
VerDate jul<14>2003
17:47 Feb 08, 2005
Jkt 205001
We are issuing and publishing this
determination and notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Comment 25: Adjustment of Semolina
Costs
Comment 26: Revision of Riscossa’s
Reported Interest Rate
Dated: February 2, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import
Administration.
Pastificio Carmine Russo S.p.A./
Pastificio Di Nola S.p.A. (Russo)
Appendix I
Comment 27: U.S. Price Calculation
[FR Doc. E5–534 Filed 2–8–05; 8:45 am]
BILLING CODE 3510–DS–S
List of Comments and Issues in the
Decision Memorandum
DEPARTMENT OF COMMERCE
List of Comments:
Barilla Alimentare, S.p.A. (Barilla)
Comment 1: Double Counting of the
Cost of Semolina Purchases
Comment 2: Treatment of Subject
Merchandise Produced by Other Italian
Manufacturers
Comment 3: Overstatement of
Constructed Export Price (CEP) Profit
Comment 4: CEP Offset
Comment 5: Use of Facts Available for
Financial Discount
Comment 6: Reclassification of Rebate
Payments as Selling Expense
Comment 7: Margin Calculation
Methodology
Comment 8: Application of Case
Discount
Industria Alimentare Colavita, S.p.A.
and Fusco S.r.l. (collectively Indalco)
Comment 9: Liquidation Instructions
Comment 10: Margin Calculation
Methodology
Comment 11: Selling, General &
Administrative (SG&A) Expenses
Comment 12: DIFMER Adjustment
Pasta Lensi S.r.l. (Lensi)
Comment 13: Credit and purchase order
adjustments to the Gross Unit Price in
the Net U.S. Price Calculation
Comment 14: Credit Adjustment to
Gross Unit Price in Calculating Normal
Value
Comment 15: Commission Offset for
CEP Sales
Comment 16: CEP Offset
Comment 17: Imputed Credit Expenses
Comment 18: Wheat Classifications
Comment 19: CEP Profit
Comment 20: Revocation of the
Antidumping Duty Order for Lensi
PAM S.p.A. (PAM)
Comment 21: Collapsing PAM’s wheat
types 1 and 2
Pasta Riscossa F. Illi Mastromaura,
S.r.l. (Riscossa)
Comment 22: Use of a Constant Factor
for Inland Freight Expense
Comment 23: Correction of the Home
Market Warranties field
Comment 24: Inclusion of Purchased
Pasta in Comparison Market Program
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International Trade Administration
(A–489–805)
Certain Pasta from Turkey: Final
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 6, 2004, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on certain
pasta from Turkey. This review covers
two exporters/producers of subject
merchandise, Filiz Gida Sanayi ve
Ticaret A.S. (Filiz) and Tat Konserve
A.S. (Tat), succesor–in-interest to
Pastavilla Makarnacilik San. V. Tic.
A.S., (Pastavilla). The period of review
(POR) is July 1, 2002, through June 30,
2003.
As a result of our analysis of the
comments received, these final results
differ from the preliminary results. For
our final results, we have found that
during the POR, Tat and Filiz sold
subject merchandise at less than normal
value (NV). The final results are listed
in the ‘‘Final Results of Review’’ section
below.
EFFECTIVE DATE: February 9, 2005.
FOR FURTHER INFORMATION CONTACT:
Lyman Armstrong or Eric Greynolds,
AD/CVD Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, N.W., Washington, D.C. 20230;
telephone: (202) 482–3601 or (202) 482–
6071, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 6, 2004, the Department
published the preliminary results of its
administrative review of the
antidumping duty order on pasta from
Turkey. See Certain Pasta from Turkey:
Notice of Preliminary Results of
Antidumping Duty Administrative
Review, 69 FR 47876 (August 6, 2004)
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]]>Agencies
[Federal Register Volume 70, Number 26 (Wednesday, February 9, 2005)]
[Notices]
[Pages 6832-6834]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-534]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Notice of Final Results of the Seventh Administrative Review of
the Antidumping Duty Order on Certain Pasta from Italy and
Determination to Revoke in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 6, 2004, the Department of Commerce published the
preliminary results and partial rescission of the seventh
administrative review and revocation of the antidumping duty order in
part, for the antidumping duty order on certain pasta from Italy. The
review covers eight manufacturers/exporters of the subject merchandise:
(1) Barilla Alimentare, S.p.A. (Barilla), (2) Corticella Molini e
Pastifici S.p.A. (Corticella) and its affiliate Pasta Combattenti
S.p.A. (Combattenti) (collectively, Corticella/Combattenti), (3)
Pastificio Guido Ferrara S.r.l. (Ferrara), (4) Industria Alimentare
Colavita, S.p.A. (Indalco) and its affiliate Fusco S.r.l. (Fusco)
(collectively Indalco), (5) Pasta Lensi S.r.l. (Lensi), (6) PAM S.p.A.
(PAM), (7) Pastificio Riscossa F. Illi Mastromauro, S.r.l. (Riscossa),
and (8) Pastificio Carmine Russo S.p.A./Pastificio Di Nola S.p.A.
(Russo). The period of review (POR) is July 1, 2002, through June 30,
2003.
As a result of our analysis of the comments received, these final
results differ from the preliminary results. For our final results, we
have found that during the POR, Barilla, Corticella/Combattenti,
Indalco, PAM, Riscossa, and Russo sold subject merchandise at less than
normal value (NV). We have also found that Ferrara and Lensi did not
make sales of the subject merchandise at less than NV (i.e., they have
``zero'' or de minimis dumping margins). We have also determined to
revoke the antidumping duty order with respect to subject merchandise
produced and also exported by Ferrara and Lensi because each company
sold the subject merchandise at not less than NV for a period of at
least three consecutive years. See 19 CFR 351.222(b)(2) and the
``Revocation'' section of this notice. The final results are listed in
the ``Final Results of Review'' section below.
EFFECTIVE DATE: February 9, 2005.
FOR FURTHER INFORMATION CONTACT: Mark Young, AD/CVD Operations, Office
3, Import Administration, International Trade Administration, U.S.
Department of Commerce, Washington, D.C. 20230; telephone: (202) 482-
6397.
SUPPLEMENTARY INFORMATION:
Background
On August 6, 2004, the Department published the preliminary results
of the seventh administrative review of the antidumping duty order on
certain pasta from Italy. See Notice of Preliminary Results, Partial
Rescission of Antidumping Duty Administrative Review and Revocation of
the Antidumping Duty Order in Part: For the Seventh Administrative
Review of the Antidumping Duty Order on Certain Pasta from Italy, 69 FR
47880 (August 6, 2004) (Preliminary Results). Although the Department
initiated the review of fifteen companies, we rescinded the reviews of
N. Puglisi & F. Industria Pasta Alimentari S.p.A. (Puglisi), La
Molisana Industrie Alimentari S.p.a. (La Molisana), Molino e Pastificio
Tomasello S.r.l. (Tomasello), Pastificio Antonio Pallante S.r.l.
(Pallante) and Industrie Alimentari Molisane S.r.l. (IAM) (collectively
Pallante/IAM), Pastificio Fratelli Pagani S.p.A. (Pagani), Rummo S.p.A.
Molino e Pastificio (Rummo), and Pastificio Lucio Garofalo S.p.A.
(Garofalo). See the ``Background'' and ``Partial Rescission'' section
of the Preliminary Results, 69 FR at 47880, 47881. The review covers
the remaining eight manufacturers/exporters: Barilla, Corticella/
Combattenti, Ferrara, Indalco, Lensi, PAM, Riscossa, and Russo.
We invited parties to comment on our Preliminary Results.
Petitioners\1\ filed case briefs on September 7, 2004, regarding
Barilla, Indalco, and Riscossa. Barilla, Indalco, PAM, Russo, Riscossa,
and Lensi each filed case briefs on September 7, 2004. On September 13,
2004, petitioners submitted rebuttal briefs concerning Barilla and
Indalco, and Barilla, Riscossa, and Indalco submitted rebuttal briefs.
On October 6, 2004, a public hearing was held at the Department of
Commerce with respect to Barilla. On November 4, 2004, the Department
published the notice of extension of final results of the antidumping
administrative review of pasta from Italy, extending the date for
[[Page 6833]]
these final results to February 2, 2005. See Certain Pasta From Italy:
Extension of Final Results of Antidumping Duty Administrative Review,
69 FR 64275.
---------------------------------------------------------------------------
\1\ Petitioners are New World Pasta Company, Dakota Growers
Pasta Company, Borden Foods Corporation and American Italian Pasta
Company.
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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 Consorzio per il Controllo dei Prodotti Biologici,
or by 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.
Assignment of the Same Antidumping Duty Rate to Corticella/Combattenti
and CLC
In the Preliminary Results, we stated that evidence indicates that
Corticella/Combattenti and its toll producer, Coopertive Lomellina
Cerealicoltori S.r.l. (CLC), are affiliated, and we noted that the
Department recognized, given the nature of their affiliation, that a
related issue could arise with respect to whether there is a potential
for manipulation of price or production and, if so, whether Corticella/
Combattenti and CLC should receive a single same antidumping duty rate.
See 69 FR at 47880. We solicited comments on the issue for
consideration in the final results of review. We did not receive any
comments on the matter.
For purposes of these final results, we continue to find that
Corticella/Combattenti and CLC are affiliated. Further, upon further
examination, we have revised our approach from the Preliminary Results
regarding the antidumping duty rates assigned to Corticella/Combattenti
and CLC. Specifically, we find that there is sufficient record evidence
to warrant collapsing Corticella/Combattenti and CLC pursuant to 19 CFR
351.401(f) and that the companies should receive a single weighted-
average antidumping duty margin. For further discussion of this issue,
see the February 2, 2005 memorandum from the Team to Melissa G.
Skinner, Director, AD/CVD Operations, Office 3, entitled, ``The
relationship of Coopertive Lomellina Cerealicoltori S.r.l. (CLC) with
Corticella Molini e Pastifici S.p.A. (Corticella) and its affiliate
Pasta Combattenti S.p.A. (Combattenti, collectively Corticella/
Combattenti),'' a proprietary document, the public version of which is
available in the Central Records Unit, room B-099 of the main
Department building.
Revocation
In the Preliminary Results, we preliminarily determined to revoke
the antidumping duty order with respect to subject merchandise produced
and exported by Ferrara. See 69 FR at 47887. We did not receive any
comments from interested parties concerning our revocation with respect
to Ferrara. For the reasons set forth in the Preliminary Results, 69 FR
at 47886, we continue to find that revocation is appropriate with
respect to Ferrara and, thus, we revoke the antidumping duty order with
respect to subject merchandise produced and exported by Ferrara.
Regarding Lensi, in the Preliminary Results, we found that the
company made sales of subject merchandise at less than NV. See 69 FR at
47886. As a result, we preliminarily determined not to revoke the
antidumping duty order with respect to Lensi. However, as explained in
Comments 13 through 20 of the Issues and Decision Memorandum that
accompanies the final results of review, we have corrected certain
inadvertent errors in Lensi's margin program and, as a result, find
that Lensi did not sell subject merchandise at less than NV. As noted
in the Issues and Decision Memorandum, petitioners did not comment on
any of the issues raised by Lensi, including the revocation issue. As
explained in the February 2, 2005, memorandum to Melissa G. Skinner,
Director, AD/CVD Operations, Office 3, from the Team, we find that
Lensi has satisfied all requirements under 19 CFR 351.222(e)(1) and 19
CFR 351.222(b)(2) entitling it to revocation, and, thus, we revoke the
antidumping duty order with respect to subject merchandise produced and
exported by Lensi. In accordance with 19 CFR 351.222(f)(3), we will
instruct CBP to terminate the suspension of liquidation for merchandise
produced and exported by Ferrara or produced and exported by Lensi,
entered, or withdrawn from warehouse, for consumption on or after the
first day after the period under review, and to refund any cash
deposit.
Analysis of Comments Received
All issues raised in the case and rebuttal brief by parties to this
administrative review are addressed in the Issues and Decision
Memorandum, which is hereby adopted by this notice. A list of the
issues which parties have raised, and to which we have responded in the
Issues and Decision Memorandum, is attached to this notice as an
Appendix. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the Web at https://
ia.ita.doc.gov/frn. The paper copy and electronic version of the
Decision Memorandum are identical in content.
Final Results of Review
We determine that the following weighted-average margins exist for
the period July 1, 2002, through June 30, 2003:
------------------------------------------------------------------------
Manufacturer/exporter Margin (percent)
------------------------------------------------------------------------
Barilla............................................. 7.25
Corticella/Combattenti.............................. 4.00
Ferrara............................................. de minimis
Indalco............................................. 6.03
Lensi............................................... de minimis
PAM................................................. 4.78
Riscossa............................................ 1.05
Russo............................................... 7.36
All Others.......................................... 11.26
------------------------------------------------------------------------
Assessment
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries. In accordance with 19 CFR
351.212(b), we have calculated exporter/importer-specific duty
assessment rates by aggregating the dumping margins for the examined
U.S. sales for each importer and dividing the amount by the total
entered value of the sales for that importer. In situations in which
the importer-specific assessment rate is above de miminis, we will
instruct CBP to assess antidumping duties on that importer's entries of
subject merchandise. The Department will issue appropriate assessment
instructions directly to CBP within 15 days of publication of these
final results of review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of
[[Page 6834]]
this notice of final results of the administrative review for all
shipments of certain pasta from Italy entered, or withdrawn from
warehouse, for consumption on or after the date of publication of these
final results, as provided by section 751(a)(1) of the Act: (1) The
cash deposit rate for the reviewed companies will be the rates shown
above, except where the margin is de minimis or zero we will instruct
CBP not to collect cash deposits; (2) for previously reviewed or
investigated companies not listed above, the cash deposit rate will
continue to be the company-specific rate published for the most recent
period; (3) if the exporter is not a firm covered in this review, a
prior review, or the original less-than-fair-value investigation, but
the manufacturer is, the cash deposit rate will be the rate established
for the most recent period for the manufacturer of the merchandise; and
(4) the cash deposit rate for all other manufacturers or exporters will
continue to be 11.26 percent, the ``All Others'' rate established in
the less-than-fair-value investigation. See Notice of Antidumping Duty
Order and Amended Final Determination of Sales at Less Than Fair Value:
Certain Pasta from Italy, 61 FR 38547 (July 24, 1996). These deposit
requirements shall remain in effect until publication of the final
results of the next administrative review.
Notification
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 duties and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement may result in the Secretary's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent increase in antidumping duties by
the amount of antidumping and/or countervailing duties reimbursed.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely 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 are sanctionable violations.
We are issuing and publishing this determination and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: February 2, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import Administration.
Appendix I
List of Comments and Issues in the Decision Memorandum
List of Comments:
Barilla Alimentare, S.p.A. (Barilla)
Comment 1: Double Counting of the Cost of Semolina Purchases
Comment 2: Treatment of Subject Merchandise Produced by Other Italian
Manufacturers
Comment 3: Overstatement of Constructed Export Price (CEP) Profit
Comment 4: CEP Offset
Comment 5: Use of Facts Available for Financial Discount
Comment 6: Reclassification of Rebate Payments as Selling Expense
Comment 7: Margin Calculation Methodology
Comment 8: Application of Case Discount
Industria Alimentare Colavita, S.p.A. and Fusco S.r.l. (collectively
Indalco)
Comment 9: Liquidation Instructions
Comment 10: Margin Calculation Methodology
Comment 11: Selling, General & Administrative (SG&A) Expenses
Comment 12: DIFMER Adjustment
Pasta Lensi S.r.l. (Lensi)
Comment 13: Credit and purchase order adjustments to the Gross Unit
Price in the Net U.S. Price Calculation
Comment 14: Credit Adjustment to Gross Unit Price in Calculating Normal
Value
Comment 15: Commission Offset for CEP Sales
Comment 16: CEP Offset
Comment 17: Imputed Credit Expenses
Comment 18: Wheat Classifications
Comment 19: CEP Profit
Comment 20: Revocation of the Antidumping Duty Order for Lensi
PAM S.p.A. (PAM)
Comment 21: Collapsing PAM's wheat types 1 and 2
Pasta Riscossa F. Illi Mastromaura, S.r.l. (Riscossa)
Comment 22: Use of a Constant Factor for Inland Freight Expense
Comment 23: Correction of the Home Market Warranties field
Comment 24: Inclusion of Purchased Pasta in Comparison Market Program
Comment 25: Adjustment of Semolina Costs
Comment 26: Revision of Riscossa's Reported Interest Rate
Pastificio Carmine Russo S.p.A./ Pastificio Di Nola S.p.A. (Russo)
Comment 27: U.S. Price Calculation
[FR Doc. E5-534 Filed 2-8-05; 8:45 am]
BILLING CODE 3510-DS-S
