Notice of Final Results of Expedited Sunset Reviews of the Antidumping Duty Orders: Certain Pasta from Italy and Turkey, 5266-5268 [E7-1811]

Download as PDF 5266 Federal Register / Vol. 72, No. 23 / Monday, February 5, 2007 / Notices mstockstill on PROD1PC66 with NOTICES China (January 29, 2007). We intend to issue the preliminary results of this review not later than 180 days after the date on which this review was initiated, and the final results of this review within 90 days after the date on which the preliminary results were issued. Pursuant to 19 CFR 351.214(g)(1)(i)(A), the period of review (‘‘POR’’) for a new shipper review, initiated in the month immediately following the anniversary month, will be the 12-month period immediately preceding the anniversary month. Therefore, the POR for the new shipper review of QHD Sanhai is December 1, 2005, through November 30, 2006. In cases involving non–market economies, the Department requires that a company seeking to establish eligibility for an antidumping duty rate separate from the country–wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. See Final Determination of Sales at Less Than Fair Value: Bicycles from the People’s Republic of China, 61 FR 19026, 19027 (April 30, 1996). Accordingly, we will issue a questionnaire to QHD Sanhai, including a separate rates section. The review will proceed if the responses provide sufficient indication that QHD Sanhai is not subject to either de jure or de facto government control with respect to its exports of honey. However, if QHD Sanhai does not demonstrate its eligibility for a separate rate, then the company will be deemed not separate from other companies that exported during the POI and the new shipper review will be rescinded as to the company. Interested parties that require access to proprietary information in this new shipper review should submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act, 19 CFR 351.214(d), and 19 CFR 351.221(c)(1)(i). Dated: January 29, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–1809 Filed 2–2–07; 8:45 am] BILLING CODE 3510–DS–S VerDate Aug<31>2005 15:07 Feb 02, 2007 Jkt 211001 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 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 (120day) 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: AGENCY: 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 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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 E:\FR\FM\05FEN1.SGM 05FEN1 5267 Federal Register / Vol. 72, No. 23 / Monday, February 5, 2007 / Notices 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: Weightedaverage margin (percent) mstockstill on PROD1PC66 with NOTICES Manufacturers/Exporters/Producers Italy. Arrighi S.p.A. Industrie Alimentari .............................................................................................................................................................. La Molisana Industrie Alimentari S.p.A. ..................................................................................................................................................... Liguori Pastificio Dal 1820 S.p.A. .............................................................................................................................................................. Pastifico Fratelli Pagani S.p.A ................................................................................................................................................................... All Others1 .................................................................................................................................................................................................. Turkey. Filiz Gida Sanayi ve Ticaret A.S. ............................................................................................................................................................... Gidasa Sabanci Gida Sanayi ve Ticaret A.S.2 .......................................................................................................................................... VerDate Aug<31>2005 15:07 Feb 02, 2007 Jkt 211001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\05FEN1.SGM 05FEN1 21.34 14.78 12.41 18.30 12.09 63.29 60.87 5268 Federal Register / Vol. 72, No. 23 / Monday, February 5, 2007 / Notices Weightedaverage margin (percent) Manufacturers/Exporters/Producers All Others ................................................................................................................................................................................................... 60.87 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 DEPARTMENT OF COMMERCE International Trade Administration (A–570–851) Notice of Partial Extension of Time Limit for Final Results of Antidumping Duty Administrative Review: Certain Preserved Mushrooms from the People’s Republic of China Import Administration, International Trade Administration, U.S. Department of Commerce. AGENCY: EFFECTIVE DATE: February 5, 2007. FOR FURTHER INFORMATION CONTACT: Brian Smith or Terre Keaton Stefanova, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC, 20230; telephone: (202) 482–1766 or (202) 482– 1280, respectively. SUPPLEMENTARY INFORMATION: mstockstill on PROD1PC66 with NOTICES Background On November 6, 2006, the Department of Commerce (‘‘the Department’’) published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on certain preserved mushrooms from the People’s Republic of China (‘‘PRC’’), covering the period February 1, 2005, through January 31, 2006. See Certain Preserved Mushrooms from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, 71 FR 64930 (November 6, 2006). The current deadline for the final results in this review is March 6, 2007. VerDate Aug<31>2005 15:07 Feb 02, 2007 Jkt 211001 Partial Extension of Time Limits for Final Results of Review Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to issue the final results of the review of an antidumping duty order within 120 days after the date on which the preliminary results are published in the Federal Register. However, if it is not practicable to complete the review within this time period, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the final results to not later than 300 days from the date of publication of the preliminary results if the preliminary results deadline was unextended (which is the case in this review). The Department finds that it is appropriate to provide the interested parties more time to submit publicly available information on certain inputs used to produce the subject merchandise for consideration in the final results of this review. Therefore, it is not practicable to complete the final results of this review within the current time frame. Therefore, in accordance with section 751(a)(3)(A) of the Act, the Department is partially extending the time limit for completion of the final results of this review until August 3, 2007, which is 270 days after the date on which the notice of the preliminary results was published in the Federal Register. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777 (i)(1) of the Act. Dated: January 29, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–1807 Filed 2–2–07; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration A–533–813 Certain Preserved Mushrooms From India: Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 6, 2006, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on certain preserved mushrooms from India covering the period February 1, 2005, through January 31, 2006. This administrative review covers one manufacturer/exporter, Agro Dutch Industries, Ltd. (‘‘Agro Dutch’’). No interested party commented on the preliminary results. We have made no changes to the margin calculation. Therefore, the final results do not differ from the preliminary results. The final weighted–average dumping margin for the reviewed firm is listed below in the section entitled ‘‘Final Results of Review.’’ EFFECTIVE DATE: February 5, 2007. FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or David J. Goldberger, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482- 1280 or (202) 482–4136, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background This administrative review of the antidumping duty order on certain preserved mushrooms from India covers one manufacturer/exporter: Agro Dutch. The period of review (‘‘POR’’) is February 1, 2005, through January 31, 2006. On November 6, 2006, the Department of Commerce (‘‘the Department’’) published the preliminary results of this administrative review. See Certain Preserved Mushrooms from India: E:\FR\FM\05FEN1.SGM 05FEN1

Agencies

[Federal Register Volume 72, Number 23 (Monday, February 5, 2007)]
[Notices]
[Pages 5266-5268]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1811]


-----------------------------------------------------------------------

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
------------------------------------------------------------------------
\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