Certain Pasta from Italy: Notice of Partial Rescission of Countervailing Duty Administrative Review, 62437-62438 [E7-21716]
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Federal Register / Vol. 72, No. 213 / Monday, November 5, 2007 / Notices
ycherry on PRODPC74 with NOTICES
and notified the ITC of the magnitude of
the margins likely to prevail were the
orders to be revoked. See Certain
Welded Large Diameter Line Pipe from
Japan and Mexico; Notice of Final
Results of Five-year (‘‘Sunset’’) Reviews
of Antidumping Duty Orders, 72 FR
10498 (March 8, 2007).
On October 16, 2007, the ITC
determined, pursuant to section 751(c)
of the Act, that revocation of the
antidumping duty order on welded large
diameter pipe from Mexico would not
be likely to lead to a continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time. The ITC
notified the Department on October 16,
2007, and published its decision on
October 22, 2007. See Certain Welded
Large Diameter Line Pipe from Japan
and Mexico, 72 FR 59551 (October 22,
2007), and ITC Publication 3953
(October 2007), entitled Certain Welded
Large Diameter Line Pipe from Japan
and Mexico: Investigation Nos. 731–
TA–919 and 920 (Review).
Scope of the Order
The product covered by this
investigation is certain welded carbon
and alloy line pipe, of circular cross
section and with an outside diameter
greater than 16 inches, but less than 64
inches, in diameter, whether or not
stenciled. This product is normally
produced according to American
Petroleum Institute (API) specifications,
including Grades A25, A, B, and X
grades ranging from X42 to X80, but can
also be produced to other specifications.
Specifically not included within the
scope of this investigation is American
Water Works Association (‘‘AWWA’’)
specification water and sewage pipe,
and the following size/grade
combinations of line pipe:
- Having an outside diameter greater
than or equal to 18 inches and less
than or equal to 22 inches, with a wall
thickness measuring 0.750 inch or
greater, regardless of grade.
- Having an outside diameter greater
than or equal to 24 inches and less
than 30 inches, with wall thickness
measuring greater than 0.875 inches
in grades A, B, and X42, with wall
thickness measuring greater than
0.750 inches in grades X52 through
X56, and with wall thickness
measuring greater than 0.688 inches
in grades X60 or greater.
- Having an outside diameter greater
than or equal to 30 inches and less
than 36 inches, with wall thickness
measuring greater than 1.250 inches
in grades A, B, and X42, with wall
thickness measuring greater than
1.000 inches in grades X52 through
VerDate Aug<31>2005
15:04 Nov 02, 2007
Jkt 214001
X56, and with wall thickness
measuring greater than 0.875 inches
in grades X60 or greater.
- Having an outside diameter greater
than or equal to 36 inches and less
than 42 inches, with wall thickness
measuring greater than 1.375 inches
in grades A, B, and X42, with wall
thickness measuring greater than
1.250 inches in grades X52 through
X56, and with wall thickness
measuring greater than 1.125 inches
in grades X60 or greater.
- Having an outside diameter greater
than or equal to 42 inches and less
than 64 inches, with a wall thickness
measuring greater than 1.500 inches
in grades A, B, and X42, with wall
thickness measuring greater than
1.375 inches in grades X52 through
X56, and with wall thickness
measuring greater than 1.250 inches
in grades X60 or greater.
- Having an outside diameter equal to 48
inches, with a wall thickness
measuring 1.0 inch or greater, in
grades X–80 or greater.
The product currently is classified
under U.S. Harmonized Tariff Schedule
(‘‘HTSUS’’) item numbers
7305.11.10.30, 7305.11.10.60,
7305.11.50.00, 7305.12.10.30,
7305.12.10.60, 7305.12.50.00,
7305.19.10.30, 7305.19.10.60, and
7305.19.50.00. Although the HTSUS
item numbers are provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
Revocation of Antidumping Duty Order
As a result of the determination by the
ITC that revocation of this antidumping
duty order is not likely to lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time, the Department is revoking the
antidumping duty order on welded large
diameter pipe from Mexico, pursuant to
sections 751(c) and 751(d) of the Act.
Pursuant to section 751(d)(2) of the Act
and 19 CFR 351.222(i)(2)(i), the effective
date of revocation is February 27, 2007
(i.e., the fifth anniversary of the date of
publication in the Federal Register of
the notice of the antidumping duty
order). The Department will notify U.S.
Customs and Border Protection to
discontinue suspension of liquidation
and collection of cash deposits on
entries of the subject merchandise
entered or withdrawn from warehouse
on or after February 27, 2007, the
effective date of revocation of the
antidumping duty order. The
Department will complete any pending
administrative reviews of this order and
will conduct reviews of subject
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62437
merchandise entered prior to the
effective date of revocation in response
to appropriately filed requests for
review.
This notice also serves as the only
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
This revocation pursuant to five-year
(sunset) review and notice are in
accordance with sections 751(c) and
751(d)(2) of the Act and published
pursuant to section 777(i)(1) of the Act.
Dated: October 29, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E7–21712 Filed 11–2–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[C–475–819]
Certain Pasta from Italy: Notice of
Partial Rescission of Countervailing
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce
SUMMARY: In response to a request made
on July 31, 2007, by Valdigrano Di
Flavio Pagani SrL (‘‘Valdigrano’’), the
Department of Commerce initiated an
administrative review of the
countervailing duty order on certain
pasta from Italy covering the period
January 1, 2006, through December 31,
2006. See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 72 FR 48613 (August 24, 2007). As
a result of a timely withdrawal of the
request for review by Valdigrano, we are
rescinding this review, in part.
EFFECTIVE DATE: November 5, 2007.
FOR FURTHER INFORMATION CONTACT:
Audrey Twyman or Brandon Farlander,
AD/CVD Operations, Office 1, Import
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone (202) 482–3534 and (202)
482–0182, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 24, 1996, the Department of
Commerce (‘‘the Department’’)
E:\FR\FM\05NON1.SGM
05NON1
62438
Federal Register / Vol. 72, No. 213 / Monday, November 5, 2007 / Notices
ycherry on PRODPC74 with NOTICES
published a countervailing duty order
on certain pasta from Italy. See Notice
of Countervailing Duty Order and
Amended Final Affirmative
Countervailing Duty Determination:
Certain Pasta (‘‘Pasta’’) From Italy, 61
FR 38543 (July 24, 1996). On July 31,
2007, Valdigrano requested an
administrative review of the
countervailing duty order on certain
pasta from Italy covering the period
January 1, 2006, through December 31,
2006. In accordance with 19 CFR
351.221(c)(1)(i), we published a notice
of initiation of the review on August 24,
2007. See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 72 FR 48613 (August 24, 2007). On
October 16, 2007, Valdigrano withdrew
its request for review. No other party
requested a review for Valdigrano.
Scope of the Countervailing Duty 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,
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. In addition,
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
VerDate Aug<31>2005
15:04 Nov 02, 2007
Jkt 214001
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 Department’s Central Records
Unit (‘‘CRU’’) in Room B–099 of the
main Department building.
The merchandise subject to review is
currently classifiable under items
1901.90.90.95 and 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.
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).
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
Dated: October 26, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–21716 Filed 11–2–07; 8:45 am]
PO 00000
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Fmt 4703
Sfmt 4703
Rescission of Review
The Department’s regulations at 19
CFR 351.213(d)(1) provide that the
Department will rescind an
administrative review, in part, if a party
that requested a review withdraws the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. Valdigrano
withdrew its request for an
administrative review on October 16,
2007, which is within the 90-day
deadline, and no other party requested
a review with respect to this company.
Therefore, the Department is rescinding
this administrative review with regard
to Valdigrano.
This notice is issued and published in
accordance with section 771(i)(1) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Notice of Scope Rulings
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: November 5, 2007.
SUMMARY: The Department of Commerce
(‘‘Department’’) hereby publishes a list
of scope rulings completed between July
1, 2007, and September 30, 2007. In
conjunction with this list, the
Department is also publishing a list of
requests for scope rulings and
anticircumvention determinations
pending as of September 30, 2007. We
AGENCY:
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05NON1
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[Federal Register Volume 72, Number 213 (Monday, November 5, 2007)]
[Notices]
[Pages 62437-62438]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21716]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-819]
Certain Pasta from Italy: Notice of Partial Rescission of
Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
SUMMARY: In response to a request made on July 31, 2007, by Valdigrano
Di Flavio Pagani SrL (``Valdigrano''), the Department of Commerce
initiated an administrative review of the countervailing duty order on
certain pasta from Italy covering the period January 1, 2006, through
December 31, 2006. See Initiation of Antidumping and Countervailing
Duty Administrative Reviews and Request for Revocation in Part, 72 FR
48613 (August 24, 2007). As a result of a timely withdrawal of the
request for review by Valdigrano, we are rescinding this review, in
part.
EFFECTIVE DATE: November 5, 2007.
FOR FURTHER INFORMATION CONTACT: Audrey Twyman or Brandon Farlander,
AD/CVD Operations, Office 1, Import Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230; telephone (202) 482-3534 and (202) 482-0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, the Department of Commerce (``the Department'')
[[Page 62438]]
published a countervailing duty order on certain pasta from Italy. See
Notice of Countervailing Duty Order and Amended Final Affirmative
Countervailing Duty Determination: Certain Pasta (``Pasta'') From
Italy, 61 FR 38543 (July 24, 1996). On July 31, 2007, Valdigrano
requested an administrative review of the countervailing duty order on
certain pasta from Italy covering the period January 1, 2006, through
December 31, 2006. In accordance with 19 CFR 351.221(c)(1)(i), we
published a notice of initiation of the review on August 24, 2007. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part, 72 FR 48613 (August 24,
2007). On October 16, 2007, Valdigrano withdrew its request for review.
No other party requested a review for Valdigrano.
Scope of the Countervailing Duty 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, 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. In addition, 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
Department's Central Records Unit (``CRU'') in Room B-099 of the main
Department building.
The merchandise subject to review is currently classifiable under
items 1901.90.90.95 and 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).
Rescission of Review
The Department's regulations at 19 CFR 351.213(d)(1) provide that
the Department will rescind an administrative review, in part, if a
party that requested a review withdraws the request within 90 days of
the date of publication of the notice of initiation of the requested
review. Valdigrano withdrew its request for an administrative review on
October 16, 2007, which is within the 90-day deadline, and no other
party requested a review with respect to this company. Therefore, the
Department is rescinding this administrative review with regard to
Valdigrano.
This notice is issued and published in accordance with section
771(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR
351.213(d)(4).
Dated: October 26, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-21716 Filed 11-2-07; 8:45 am]
BILLING CODE 3510-DS-S
