Certain Pasta From Italy: Final Results of Expedited Five-Year (“Sunset”) Review of the Countervailing Duty Order, 5271-5273 [E7-1816]

Download as PDF 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 VerDate Aug<31>2005 15:07 Feb 02, 2007 Net Subsidy Rate (percent) Jkt 211001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 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, E:\FR\FM\05FEN1.SGM 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 http://ia.ita.doc.gov/frn/index.html. 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’’ .................................................................................................................................................................................... VerDate Aug<31>2005 15:07 Feb 02, 2007 Jkt 211001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\05FEN1.SGM 05FEN1 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 Fmt 4703 Sfmt 4703 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, http:// 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 E:\FR\FM\05FEN1.SGM 05FEN1

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 http://
ia.ita.doc.gov/frn/index.html. 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
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[[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