Certain Pasta From Italy: Final Results of Expedited Five-Year (“Sunset”) Review of the Countervailing Duty Order, 5271-5273 [E7-1816]
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Federal Register / Vol. 72, No. 23 / Monday, February 5, 2007 / Notices
revocation of the countervailing duty
order is likely to lead to continuation or
recurrence of a countervailable subsidy
at the levels indicated in the ‘‘Final
Maktas Makarnacilik ve
Results of Review’’ section of this
Ticaret/ Gidasa Gida
San.Tic.A.S. 1 ...................
4.49 notice.
Oba Makarnacilik Sanayi ve
EFFECTIVE DATE: February 5, 2007.
Ticaret ...............................
14.48 FOR FURTHER INFORMATION CONTACT:
‘‘All Others’’ ...........................
10.25
Audrey R. Twyman or Brandon
Farlander, AD/CVD Operations, Office
Notification Regarding Administrative
1, Import Administration, International
Orders
Trade Administration, U.S. Department
This notice also serves as the only
of Commerce, 14th Street and
reminder to parties subject to
Constitution Ave., NW., Washington,
administrative protective orders
DC 20230; telephone: (202) 482–3534 or
(‘‘APO’’) of their responsibility
(202) 482–0182, respectively.
concerning the return or destruction of
SUPPLEMENTARY INFORMATION:
proprietary information disclosed under
Background
APO in accordance with 19 CFR
351.305(a)(3). Timely notification of the
The countervailing duty order which
return or destruction of APO materials
covers pasta from Italy was published in
or conversion to judicial protective
the Federal Register on July 24, 1996.
order is hereby requested. Failure to
See Notice of Countervailing Duty Order
comply with the regulations and terms
and Amended Final Affirmative
of an APO is a violation which is subject Countervailing Duty Determination:
to sanction.
Certain Pasta (‘‘Pasta’’) From Italy, 61
We are issuing and publishing this
FR 38544 (July 24, 1996). On October 2,
determination and notice in accordance 2006, the Department initiated the
with sections 751(c), 752, and 777(i) of
second sunset review of this order,
the Act.
pursuant to section 751(c) of the Act.
See Second Sunset Review. The
Dated: January 30, 2007.
Department received a notice of intent
David M. Spooner,
to participate from the following
Assistant Secretary for Import
domestic parties: A. Zerega’s Sons, Inc.;
Administration.
American Italian Pasta Company;
[FR Doc. E7–1813 Filed 2–2–07; 8:45 am]
Dakota Growers Pasta Company, Inc.;
BILLING CODE 3510–DS–P
New World Pasta Company; and
Philadelphia Macaroni Company
(collectively, ‘‘domestic interested
DEPARTMENT OF COMMERCE
parties’’), within the deadline specified
International Trade Administration
in 19 CFR 351.218(d)(1)(i). The
companies claimed interested party
[C–475–819]
status under section 771(9)(C) of the
Certain Pasta From Italy: Final Results Act, as manufacturers of a domestic-like
product in the United States.
of Expedited Five-Year (‘‘Sunset’’)
On October 12, 2006, the Department
Review of the Countervailing Duty
received a request for a 12-day
Order
extension of time from the Government
AGENCY: Import Administration,
of Italy (‘‘GOI’’) to submit its substantive
International Trade Administration,
response. The Department partially
Department of Commerce
granted the GOI’s request and extended
SUMMARY: On October 2, 2006, the
the deadline for filing a substantive
Department of Commerce (‘‘the
response to November 8, 2006. The
Department’’) published in the Federal
same extension was also granted to the
Register the notice of initiation of the
domestic interested parties, per their
second five-year sunset review of the
request. On November 8, 2006, the
countervailing duty order on certain
Department received complete
pasta (‘‘pasta’’) from Italy, pursuant to
substantive responses to the notice of
section 751(c) of the Tariff Act of 1930,
initiation from the domestic interested
as amended (‘‘the Act’’). See Initiation
parties and from the GOI. On November
of Five-year (‘‘Sunset’’) Reviews, 71 FR
2, 2006, we received a complete
57921 (October 2, 2006) (‘‘Second
substantive response to the notice of
Sunset Review’’). The Department has
initiation from the Delegation of the
conducted an expedited sunset review
European Commission (‘‘EC’’).
of this order pursuant to section
The Department did not receive any
751(c)(3)(B) of the Act and 19 CFR
substantive responses from any Italian
351.218(e)(1)(ii)(C)(2). As a result of this producers or exporters of the
sunset review, the Department finds that merchandise covered by this order.
mstockstill on PROD1PC66 with NOTICES
Manufacturer/Exporter
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Net Subsidy
Rate
(percent)
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5271
Based on the fact that a government’s
response alone, normally, is not
sufficient for full sunset reviews in
which the orders are not done on an
aggregate basis, we determined to
conduct an expedited (120 day) sunset
review of this order. See section
751(c)(3)(A) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2). See, e.g., Final
Results of Expedited Sunset Reviews of
Countervailing Duty Orders: Pure
Magnesium and Alloy Magnesium from
Canada, 70 FR 67140 (November 4,
2005). See also Letter to Robert
Carpenter, Director, Office of
Investigations, International Trade
Commission, from Wendy Frankel,
Director, Import Administration,
Department of Commerce, regarding
inadequate response to the notice of
initiation from respondent interested
parties (November 21, 2006); and
Memorandum from Saliha Loucif,
International Trade Compliance
Analyst, to Susan Kuhbach, Office
Director, Import Administration,
Department of Commerce, regarding
‘‘Adequacy Determination of the
Second Sunset Review of the
Countervailing Duty Order on Certain
Pasta from Italy,’’ (November 21, 2006).
On January 19, 2007, the Department
placed the calculation of the all others
rate from the investigation onto the
record of this sunset review and allowed
parties to comment. We received
comment from domestic interested
parties on January 24, 2007. No hearing
was held because none was requested.
Scope of the Order
Imports covered by the 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 the 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,
Bioagricoop S.r.l., QC&I International
Services, Ecocert Italia, Consorzio per il
Controllo dei Prodotti Biologici,
Associazione Italiana per l’Agricoltura
Biologica, or Codex S.r.l. In addition,
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05FEN1
5272
Federal Register / Vol. 72, No. 23 / Monday, February 5, 2007 / Notices
based on publicly available information,
the Department has determined that, as
of August 4, 2004, imports of organic
pasta from Italy that are accompanied by
the appropriate certificate issued by
Bioagricert S.r.l. are also excluded from
this order. See Memorandum from Eric
B. Greynolds to Melissa G. Skinner,
dated August 4, 2004, which is on file
in the Department’s Central Records
Unit (‘‘CRU’’) in Room B–099 of the
main Department building. Further,
based on publicly available information,
the Department has determined that, as
of March 13, 2003, imports of organic
pasta from Italy that are accompanied by
the appropriate certificate issued by
Instituto per la Certificazione Etica e
Ambientale (ICEA) are also excluded
from this order.
See Memorandum from Audrey
Twyman to Susan Kuhbach, dated
February 28, 2006, entitled
‘‘Recognition of Instituto per la
Certificazione Etica e Ambientale (ICEA)
as a Public Authority for Certifying
Organic Pasta from Italy,’’ which is on
file in the CRU.
The merchandise subject to review is
currently classifiable under item
1902.19.20 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
subheadings are 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 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 to
Richard Moreland, dated August 25,
1997, which is on file in the 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 shrinkwrapped into a single package are
within the scope of the antidumping
and countervailing duty orders. See
Letter from Susan H. Kuhbach to
Barbara P. Sidari, dated July 30, 1998,
which is available in the CRU.
(3) 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 to Richard Moreland, dated
May 24, 1999, which is available in the
CRU.
(4) 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 AntiCircumvention 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 anticircumvention 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).
Analysis of Comments Received
All issues raised in substantive
responses by parties in this sunset
review are addressed in the ‘‘Issues and
Decision Memo for the Expedited
Sunset Review of the Countervailing
Duty Order on Certain Pasta from Italy;
Final Results,’’ (‘‘Decision Memo’’),
from Stephen J. 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
Memo include the likelihood of
continuation or recurrence of a
countervailable subsidy, the net
countervailable subsidy rate likely to
prevail if the order were revoked, and
the nature of the subsidies.
Parties can find a complete discussion
of all issues raised in this sunset review
and the corresponding recommendation
in this public memorandum which is on
file in B–099, the Central Records Unit,
of the main Commerce building. In
addition, a complete version of the
Decision Memo can be accessed directly
on the Department’s Web page at
https://ia.ita.doc.gov/frn/. The
paper copy and electronic version of the
Decision Memo are identical in content.
Final Results of Review
The Department determines that
revocation of the countervailing duty
order on pasta from Italy is likely to lead
to continuation or recurrence of
countervailable subsidies at the
following countervailing duty rates:
Net subsidy rate
(percent)
mstockstill on PROD1PC66 with NOTICES
Manufacturer/exporter
Agritalia, S.r.l. ................................................................................................................................................................................
Agrrighi S.p.A. Industrie Alimentari ...............................................................................................................................................
De Matteis Agroalimentare S.p.A. .................................................................................................................................................
Delverde, S.r.l. ...............................................................................................................................................................................
F.lli De Cecco di Filippo Fara S. Martino S.p.A. ...........................................................................................................................
Industria Alimentare Colavita, S.p.A. .............................................................................................................................................
Isola del Grano S.r.L. ....................................................................................................................................................................
Italpast S.p.A. ................................................................................................................................................................................
Italpasta S.r.L. ................................................................................................................................................................................
La Molisana Alimentari S.p.A. .......................................................................................................................................................
Labor S.r.L. ....................................................................................................................................................................................
Molino e Pastificio De Cecco S.p.A. Pescara ...............................................................................................................................
Pastificio Guido Ferrara .................................................................................................................................................................
Pastificio Campano, S.p.A. ............................................................................................................................................................
Pastificio Riscossa F.lli Mastromauro S.r.L. ..................................................................................................................................
Tamma Industrie Alimentari di Capitanata ....................................................................................................................................
‘‘All Others’’ ....................................................................................................................................................................................
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3.96
3.85
3.48
6.76
3.40
3.01
10.70
10.70
3.85
4.82
10.70
3.40
2.34
3.47
7.81
6.76
4.52
Federal Register / Vol. 72, No. 23 / Monday, February 5, 2007 / Notices
Notification Regarding Administrative
Protective Orders
This notice also serves as the only
reminder to parties subject to
administrative protective orders
(‘‘APO’’) of their responsibility
concerning the return or destruction of
proprietary information disclosed under
APO in accordance with 19 CFR
351.305(a)(3). Timely notification of the
return or 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.
We are issuing and publishing this
determination and notice in accordance
with sections 751(c), 752, and 777(i) of
the Act.
Dated: January 30, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–1816 Filed 2–2–07; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 012507C]
Marine Mammals; File No. 877–1903
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
mstockstill on PROD1PC66 with NOTICES
AGENCY:
SUMMARY: Notice is hereby given that
Daniela Maldini, Okeanis, PO Box 818,
Pacific Grove, CA 93950, has applied in
due form for a permit to conduct
scientific research on marine mammals.
DATES: Written, telefaxed, or e-mail
comments must be received on or before
March 7, 2007.
ADDRESSES: The application and related
documents are available for review
upon written request or by appointment
in the following office(s):
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301)713–2289; fax (301)427–2521; and
Southwest Region, NMFS, 501 West
Ocean Blvd., Suite 4200, Long Beach,
CA 90802–4213; phone (562)980–4001;
fax (562)980–4018.
Written comments or requests for a
public hearing on this application
should be mailed to the Chief, Permits,
Conservation and Education Division,
F/PR1, Office of Protected Resources,
VerDate Aug<31>2005
15:07 Feb 02, 2007
Jkt 211001
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910. Those
individuals requesting a hearing should
set forth the specific reasons why a
hearing on this particular request would
be appropriate.
Comments may also be submitted by
facsimile at (301) 427–2521, provided
the facsimile is confirmed by hard copy
submitted by mail and postmarked no
later than the closing date of the
comment period.
Comments may also be submitted by
e-mail. The mailbox address for
providing e-mail comments is
NMFS.Pr1Comments@noaa.gov. Include
in the subject line of the e-mail
comment the following document
identifier: File No. 877–1903.
FOR FURTHER INFORMATION CONTACT:
Jaclyn Daly or Amy Hapeman,
(301)713–2289.
SUPPLEMENTARY INFORMATION: The
subject permit is requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended
(MMPA; 16 U.S.C. 1361 et seq.) and the
regulations governing the taking and
importing of marine mammals (50 CFR
part 216).
The applicant requests a 5–year
permit to conduct research on
bottlenose dolphins, Tursiops truncatus,
off the coast of California, primarily in
Santa Monica Bay and Monterey Bay.
Research would involve close approach
for vessel surveys, photo-identification,
videography, behavioral observations,
and biopsy sampling. The purpose of
the research is to investigate stock
structure, demographics, behavior,
residency patterns, and toxicity loads of
coastal and offshore dolphins.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of this
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
Dated: January 25, 2007.
Tammy C. Adams,
Acting Chief, Permits, Conservation and
Education Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. E7–1803 Filed 2–2–07; 8:45 am]
BILLING CODE 3510–22–S
Office of the Secretary
Sunshine Act Meeting
Office of the Assistant
Secretary of Defense (Health Affairs);
DoD.
ACTION: Notice of meeting.
AGENCY:
PO 00000
Frm 00016
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SUMMARY: Pursuant to the Federal
Advisory Committee Act of 1972, as
amended (5 U.S.C., Appendix) and the
Sunshine in the Government Act of
1976, as amended (5 U.S.C. 552b(c),
announcement is made of the following
meeting:
NAME OF COMMITTEE: The Department of
Defense Task Force on the Future of the
Military Health Care, a duly established
subcommittee of the Defense Health
Board.
DATES: February 20, 2007.
TIMES: 8:30 a.m.–4 p.m.
LOCATION: The National Transportation
Safety Board Conference Center located
at 429 L’Enfant Plaza, Washington, DC
20594.
AGENDA: The purpose of the Task Force
meeting is to obtain, review, and
evaluate information related to the Task
Forces congressionally-directed mission
to examine matters relating to the future
of military health care. The Task Force
members will receive briefings on topics
related to the delivery of military health
care.
Prior to the public meeting the Task
Force will conduct an Administrative
Meeting from 8:30 a.m. to 9 a.m. to
discuss administrative matters of the
Task Force. In addition, the Task Force,
following its public meeting, will
conduct a Preparatory Meeting from
2:30 p.m. to 4 p.m. to work with the
Task Force staff to analyze relevant
issues and facts in preparation for the
next meeting of the Task Force. Both the
Administrative and Preparatory
Meetings will be held at the National
Transportation Safety Board Conference
Center. Pursuant to 41 Code of Federal
Regulations, Part 102–3.160, both the
Administrative and Preparatory
Meetings will be closed to the public.
Additional information and meeting
registration is available online at the
Defense Health Board Web site, https://
www.ha.osd.mil/dhb.
FOR FURTHER INFORMATION CONTACT:
Colonel Christine Bader, Executive
Secretary, Department of Defense Task
Force on the Future of Military Health
Care, Skyline One, 5205 Leesburg Pike,
Suite 810, Falls Church, VA 22041,
(703) 681–3279, ext. 109
(christine.bader@ha.osd.mil).
Open
sessions of the meeting will be limited
by space accommodations. Any
interested person may attend; however,
seating is limited to the space available
at the National Transportation Safety
Board Conference Center. Individuals or
organizations wishing to submit written
comments for consideration by the Task
Force should provide their comments to
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF DEFENSE
5273
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]]>Agencies
[Federal Register Volume 72, Number 23 (Monday, February 5, 2007)]
[Notices]
[Pages 5271-5273]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1816]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-819]
Certain Pasta From Italy: Final Results of Expedited Five-Year
(``Sunset'') Review of the Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
SUMMARY: On October 2, 2006, the Department of Commerce (``the
Department'') published in the Federal Register the notice of
initiation of the second five-year sunset review of the countervailing
duty order on certain pasta (``pasta'') from Italy, pursuant to section
751(c) of the Tariff Act of 1930, as amended (``the Act''). See
Initiation of Five-year (``Sunset'') Reviews, 71 FR 57921 (October 2,
2006) (``Second Sunset Review''). The Department has conducted an
expedited sunset review of this order pursuant to section 751(c)(3)(B)
of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this
sunset review, the Department finds that revocation of the
countervailing duty order is likely to lead to continuation or
recurrence of a countervailable subsidy at the levels indicated in the
``Final Results of Review'' section of this notice.
EFFECTIVE DATE: February 5, 2007.
FOR FURTHER INFORMATION CONTACT: Audrey R. Twyman or Brandon Farlander,
AD/CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-3534
or (202) 482-0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
The countervailing duty order which covers pasta from Italy was
published in the Federal Register on July 24, 1996. See Notice of
Countervailing Duty Order and Amended Final Affirmative Countervailing
Duty Determination: Certain Pasta (``Pasta'') From Italy, 61 FR 38544
(July 24, 1996). On October 2, 2006, the Department initiated the
second sunset review of this order, pursuant to section 751(c) of the
Act. See Second Sunset Review. The Department received a notice of
intent to participate from the following domestic parties: A. Zerega's
Sons, Inc.; American Italian Pasta Company; Dakota Growers Pasta
Company, Inc.; New World Pasta Company; and Philadelphia Macaroni
Company (collectively, ``domestic interested parties''), within the
deadline specified in 19 CFR 351.218(d)(1)(i). The companies claimed
interested party status under section 771(9)(C) of the Act, as
manufacturers of a domestic-like product in the United States.
On October 12, 2006, the Department received a request for a 12-day
extension of time from the Government of Italy (``GOI'') to submit its
substantive response. The Department partially granted the GOI's
request and extended the deadline for filing a substantive response to
November 8, 2006. The same extension was also granted to the domestic
interested parties, per their request. On November 8, 2006, the
Department received complete substantive responses to the notice of
initiation from the domestic interested parties and from the GOI. On
November 2, 2006, we received a complete substantive response to the
notice of initiation from the Delegation of the European Commission
(``EC'').
The Department did not receive any substantive responses from any
Italian producers or exporters of the merchandise covered by this
order. Based on the fact that a government's response alone, normally,
is not sufficient for full sunset reviews in which the orders are not
done on an aggregate basis, we determined to conduct an expedited (120
day) sunset review of this order. See section 751(c)(3)(A) of the Act
and 19 CFR 351.218(e)(1)(ii)(C)(2). See, e.g., Final Results of
Expedited Sunset Reviews of Countervailing Duty Orders: Pure Magnesium
and Alloy Magnesium from Canada, 70 FR 67140 (November 4, 2005). See
also Letter to Robert Carpenter, Director, Office of Investigations,
International Trade Commission, from Wendy Frankel, Director, Import
Administration, Department of Commerce, regarding inadequate response
to the notice of initiation from respondent interested parties
(November 21, 2006); and Memorandum from Saliha Loucif, International
Trade Compliance Analyst, to Susan Kuhbach, Office Director, Import
Administration, Department of Commerce, regarding
``Adequacy Determination of the Second Sunset Review of the
Countervailing Duty Order on Certain Pasta from Italy,'' (November 21,
2006).
On January 19, 2007, the Department placed the calculation of the
all others rate from the investigation onto the record of this sunset
review and allowed parties to comment. We received comment from
domestic interested parties on January 24, 2007. No hearing was held
because none was requested.
Scope of the Order
Imports covered by the 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 the 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, Bioagricoop S.r.l., QC&I International Services,
Ecocert Italia, Consorzio per il Controllo dei Prodotti Biologici,
Associazione Italiana per l'Agricoltura Biologica, or Codex S.r.l. In
addition,
[[Page 5272]]
based on publicly available information, the Department has determined
that, as of August 4, 2004, imports of organic pasta from Italy that
are accompanied by the appropriate certificate issued by Bioagricert
S.r.l. are also excluded from this order. See Memorandum from Eric B.
Greynolds to Melissa G. Skinner, dated August 4, 2004, which is on file
in the Department's Central Records Unit (``CRU'') in Room B-099 of the
main Department building. Further, based on publicly available
information, the Department has determined that, as of March 13, 2003,
imports of organic pasta from Italy that are accompanied by the
appropriate certificate issued by Instituto per la Certificazione Etica
e Ambientale (ICEA) are also excluded from this order.
See Memorandum from Audrey Twyman to Susan Kuhbach, dated February
28, 2006, entitled ``Recognition of Instituto per la Certificazione
Etica e Ambientale (ICEA) as a Public Authority for Certifying Organic
Pasta from Italy,'' which is on file in the CRU.
The merchandise subject to review is currently classifiable under
item 1902.19.20 of the Harmonized Tariff Schedule of the United States
(``HTSUS''). Although the HTSUS subheadings are 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 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 to Richard Moreland, dated
August 25, 1997, which is on file in the 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 to Barbara P. Sidari, dated July 30, 1998, which is available
in the CRU.
(3) 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 to Richard Moreland, dated
May 24, 1999, which is available in the CRU.
(4) 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).
Analysis of Comments Received
All issues raised in substantive responses by parties in this
sunset review are addressed in the ``Issues and Decision Memo for the
Expedited Sunset Review of the Countervailing Duty Order on Certain
Pasta from Italy; Final Results,'' (``Decision Memo''), from Stephen J.
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 Memo include the likelihood of continuation
or recurrence of a countervailable subsidy, the net countervailable
subsidy rate likely to prevail if the order were revoked, and the
nature of the subsidies.
Parties can find a complete discussion of all issues raised in this
sunset review and the corresponding recommendation in this public
memorandum which is on file in B-099, the Central Records Unit, of the
main Commerce building. In addition, a complete version of the Decision
Memo can be accessed directly on the Department's Web page at https://
ia.ita.doc.gov/frn/. The paper copy and electronic version of
the Decision Memo are identical in content.
Final Results of Review
The Department determines that revocation of the countervailing
duty order on pasta from Italy is likely to lead to continuation or
recurrence of countervailable subsidies at the following countervailing
duty rates:
------------------------------------------------------------------------
Net subsidy rate
Manufacturer/exporter (percent)
------------------------------------------------------------------------
Agritalia, S.r.l..................................... 3.96
Agrrighi S.p.A. Industrie Alimentari................. 3.85
De Matteis Agroalimentare S.p.A...................... 3.48
Delverde, S.r.l...................................... 6.76
F.lli De Cecco di Filippo Fara S. Martino S.p.A...... 3.40
Industria Alimentare Colavita, S.p.A................. 3.01
Isola del Grano S.r.L................................ 10.70
Italpast S.p.A....................................... 10.70
Italpasta S.r.L...................................... 3.85
La Molisana Alimentari S.p.A......................... 4.82
Labor S.r.L.......................................... 10.70
Molino e Pastificio De Cecco S.p.A. Pescara.......... 3.40
Pastificio Guido Ferrara............................. 2.34
Pastificio Campano, S.p.A............................ 3.47
Pastificio Riscossa F.lli Mastromauro S.r.L.......... 7.81
Tamma Industrie Alimentari di Capitanata............. 6.76
``All Others''....................................... 4.52
------------------------------------------------------------------------
[[Page 5273]]
Notification Regarding Administrative Protective Orders
This notice also serves as the only reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
notification of the return or 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.
We are issuing and publishing this determination and notice in
accordance with sections 751(c), 752, and 777(i) of the Act.
Dated: January 30, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-1816 Filed 2-2-07; 8:45 am]
BILLING CODE 3510-DS-P
