Notice of Final Results of New Shipper Review of the Antidumping Duty Order on Certain Pasta from Italy, 30083-30084 [E5-2654]
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Federal Register / Vol. 70, No. 100 / Wednesday, May 25, 2005 / Notices
the publication of the notice of
initiation of the requested review, the
Secretary will rescind the review.
Petitioners withdrew their review
request with respect to the two
companies within the 90–day deadline,
in accordance with 19 CFR
351.213(d)(1). Since Petitioners were the
only party to request an administrative
review of these two companies, we are
partially rescinding this review of the
antidumping duty order on honey from
the PRC covering the period December
1, 2003, through November 30, 2004,
with respect to Anhui Native Produce
Import and Export Corp. and Inner
Mongolia Autonomous Region Native
Produce and Animal By–Products
Import and Export Corporation.
Assessment
The Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to assess antidumping duties on all
appropriate entries. For those
companies for which this review is
rescinded, antidumping duties shall be
assessed at rates equal to the cash
deposit of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department
will issue appropriate assessment
instructions directly to CBP within 15
days of publication of this notice.
Notification of Interested Parties
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping 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 the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APOs’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. 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 terms of an APO is a violation
which is subject to sanction.
VerDate jul<14>2003
17:52 May 24, 2005
Jkt 205001
This notice is issued and published in
accordance with sections 751 and 777(i)
of the Act and 19 CFR 351.213(d)(4).
Dated: May 18, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–2600 Filed 5–24–05; 8:45 am]
BILLING CODE 3510–DS–S
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
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:
AGENCY:
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.
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
30083
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
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25MYN1
30084
Federal Register / Vol. 70, No. 100 / Wednesday, May 25, 2005 / Notices
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
VerDate jul<14>2003
17:52 May 24, 2005
Jkt 205001
Orders on Certain Pasta from Italy:
Affirmative Final Determinations of
Circumvention of Antidumping and
Countervailing Duty Orders, 68 FR
54888 (September 19, 2003).
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
Final Results of Review
deposit requirements shall remain in
We determine that the following
effect until publication fo the final
weighted–average margin percentage
results of the next administrative
exists for Atar for the period July 1,
review. There are no chages to the rates
2003, through June 30, 2004:
applicable to any other companies
under this antidumping duty order.
Manufacturer/exporter
Margin (percent)
This notice also serves as a final
reminder to importers of their
Atar, S.r.L. ....................
0.0
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
Assessment
reimbursement of antidumping and
The Department will determine, and
countervailing duties prior to
U.S. Customs and Border Protection
liquidation of the relevant entries
(‘‘CBP’’) shall assess, antidumping
during this review period. Failure to
duties on all appropriate entries,
comply with this requirement could
pursuant to 19 CFR 351.212(b). The
result in the Secretary’s presumption
Department calculated importer–
that reimbursement of antidumping and
specific duty assessment rates on the
countervailing duties occurred and the
basis of the ratio of the total amount of
subsequent increase in antidumping and
antidumping duties calculated for the
countervailing duties by the amount of
examined sales to the total entered
antidumping duties reimbursed.
value of the examined sales for that
This notice also is the only reminder
importer. In accordance with 19 CFR
to parties subject to administrative
351.106(c)(2), we will instruct CBP to
protective order (‘‘APO’’) of their
liquidate without regard to antidumping
responsibility concerning the return or
duties, all entries of subject
destruction of proprietary information
merchandise during the POR for which
disclosed under APO in accordance
the importer–specific assessment rate is
with 19 CFR 351.305. Timely written
zero or de minimis. The Department
notification of the return/destruction of
will issue appropriate assessment
APO materials or conversion to judicial
instructions directly to CBP within 15
protective order is hereby requested.
days of publication of these final results
Failure to comply with the regulations
of review.
and the terms of an APO is a
Cash Deposits Requirements
sanctionable violation.
We are issuing and publishing these
Bonding will no longer be permitted
results and notice in accordance with
to fulfill security requirements for
sections 751(a)(1) and 777(i)(1) of the
shipments from Atar of pasta from Italy
entered, or withdrawn from warehouse, Act.
for consumption in the United States on
Dated: May 18, 2005.
or after the publication of this notice in
Joseph A. Spetrini,
the Federal Register. The following cash Acting Assistant Secretary for Import
deposit rates shall be required for
Administration.
merchandise subject to the order
[FR Doc. E5–2654 Filed 5–24–05; 8:45 am]
entered, or withdrawn from warehouse, BILLING CODE 3510–DS–S
for consumption on or after the
publication date of these final results for
this new shipper review, as provided for DEPARTMENT OF COMMERCE
by section 751(a)(1) of the Act, as
amended: (1) The cash deposit rates for
International Trade Administration
Atar (i.e., for subject merchandise both
[A–122–838]
manufactured and exported by Atar)
will be zero; (2) the cash deposit rate for Notice of Final Results of Antidumping
exporters who received a rate in a prior
Duty Changed Circumstances Review:
segment of the proceeding will continue Certain Softwood Lumber Products
to be the rate assigned in that segment
from Canada
of the proceeding; (3) the cash deposit
rate for entries of subject merchandise
AGENCY: AGENCY: Import
exported by Atar but not manufactured
Administration, International Trade
by Atar will continue to be the All
Administration, Department of
Others rate (i.e., 11.26 percent) or the
Commerce.
rate applicable to the manufacturer, if so SUMMARY: The Department has
established; and (4) if neither the
determined that entries of certain
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
E:\FR\FM\25MYN1.SGM
25MYN1
]]>Agencies
[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Notices]
[Pages 30083-30084]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2654]
-----------------------------------------------------------------------
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]
BILLING CODE 3510-DS-S
