Notice of Final Results of Expedited Sunset Reviews of the Antidumping Duty Orders: Certain Pasta from Italy and Turkey, 5266-5268 [E7-1811]
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Federal Register / Vol. 72, No. 23 / Monday, February 5, 2007 / Notices
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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shipper review will be rescinded as to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]
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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
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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
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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
https://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)
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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 ..........................................................................................................................................
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21.34
14.78
12.41
18.30
12.09
63.29
60.87
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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:
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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.
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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]
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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:
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]]>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 https://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
