Certain Pasta From Italy: Initiation and Preliminary Results of Changed Circumstances Review, and Intent To Revoke Order in Part, 31696-31698 [E9-15707]
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31696
Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices
plated (e.g., chrome, zinc or nickel coated),
coated (e.g., with paint, epoxy, or plastic), or
uncoated (‘‘raw’’). The wire may be drawn or
rolled and may have a round, square or other
profile. Wire decking is sold in a variety of
wire gauges. The wire diameters used in the
decking mesh are 0.105 inches or greater for
round wire. For wire other than round wire,
the distance between any two points on a
cross-section of the wire is 0.105 inches or
greater. Wire decking reinforced with
structural supports is designed generally for
industrial and other commercial storage rack
systems.
Wire decking is produced to various
profiles, including, but not limited to, a flat
(‘‘flush’’) profile, an upward curved back
edge profile (‘‘backstop’’) or downward
curved edge profile (‘‘waterfalls’’), depending
on the rack storage system. The wire decking
may or may not be anchored to the rack
storage system. The scope does not cover the
metal rack storage system, comprised of
metal uprights and cross beams, on which
the wire decking is ultimately installed. Also
excluded from the scope is wire mesh
shelving that is not reinforced with structural
supports and is designed for use without
structural supports.
Wire decking enters the United States
through several basket categories in the
Harmonized Tariff Schedule of the United
States (‘‘HTSUS’’). U.S. Customs and Border
Protection has issued a ruling (NY F84777)
that wire decking is to be classified under
HTSUS 9403.90.8040. Wire decking has also
been entered under HTSUS 7217.10, 7217.20,
7326.20, 7326.90, 9403.20.0020 and
9403.20.0030. While HTSUS subheadings are
provided for convenience and Customs
purposes, the written description of the
scope of the investigations is dispositive.
Appendix II
Where it is not practicable to examine all
known exporters/producers of subject
merchandise, section 777A(c)(2) of the Tariff
Act of 1930, as amended, permits us to
investigate (1) a sample of exporters,
producers, or types of products that is
statistically valid based on the information
available at the time of selection, or (2)
exporters and producers accounting for the
largest volume of the subject merchandise
that can reasonably be examined.
In the chart below, please provide the total
quantity and total value of all your sales of
merchandise covered by the scope of this
investigation (see ‘‘Scope of Investigation’’
section of this notice), produced in the PRC,
and exported/shipped to the United States
during the period October 1, 2008, through
March 31, 2009.
Total quantity
in metric tons
Market
Terms of sale
Total value
United States:
1. Export Price Sales ................................................................................................
2. a. Exporter Name .................................................................................................
b. Address ................................................................................................................
c. Contact .................................................................................................................
d. Phone No. ............................................................................................................
e. Fax No. .................................................................................................................
3. Constructed Export Price Sales ...........................................................................
4. Further Manufactured ...........................................................................................
Total Sales ........................................................................................................
Total Quantity
Constructed Export Price Sales
• Please report quantity on a metric ton
basis. If any conversions were used, please
provide the conversion formula and source.
• Generally, a U.S. sale is classified as a
constructed export price sale when the first
sale to an unaffiliated customer occurs after
importation. However, if the first sale to the
unaffiliated customer is made by a person in
the United States affiliated with the foreign
exporter, constructed export price applies
even if the sale occurs prior to importation.
• Please include any sales exported by
your company directly to the United States;
• Please include any sales exported by
your company to a third-country market
economy reseller where you had knowledge
that the merchandise was destined to be
resold to the United States.
• If you are a producer of subject
merchandise, please include any sales
manufactured by your company that were
subsequently exported by an affiliated
exporter to the United States.
• Please do not include any sales of subject
merchandise manufactured in Hong Kong in
your figures.
Terms of Sales
• Please report all sales on the same terms
(e.g., free on board at port of export).
Total Value
• All sales values should be reported in
U.S. dollars. Please indicate any exchange
rates used and their respective dates and
sources.
Export Price Sales
• Generally, a U.S. sale is classified as an
export price sale when the first sale to an
unaffiliated customer occurs before
importation into the United States.
• Please include any sales exported by
your company directly to the United States.
• Please include any sales exported by
your company to a third-country market
economy reseller where you had knowledge
that the merchandise was destined to be
resold to the United States.
• If you are a producer of subject
merchandise, please include any sales
manufactured by your company that were
subsequently exported by an affiliated
exporter to the United States.
• Please do not include any sales of subject
merchandise manufactured in Hong Kong in
your figures.
VerDate Nov<24>2008
15:35 Jul 01, 2009
Jkt 217001
Further Manufactured
• Sales of further manufactured or
assembled (including re-packaged)
merchandise is merchandise that undergoes
further manufacture or assembly in the
United States before being sold to the first
unaffiliated customer.
• Further manufacture or assembly costs
include amounts incurred for direct
materials, labor and overhead, plus amounts
for general and administrative expense,
interest expense, and additional packing
PO 00000
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Fmt 4703
Sfmt 4703
expense incurred in the country of further
manufacture, as well as all costs involved in
moving the product from the U.S. port of
entry to the further manufacturer.
[FR Doc. E9–15703 Filed 7–1–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta From Italy: Initiation and
Preliminary Results of Changed
Circumstances Review, and Intent To
Revoke Order in Part
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce
DATES:
Effective Date: July 2, 2009.
SUMMARY: On May 26, 2009, the
Department of Commerce
(‘‘Department’’) received a request for a
changed circumstances review and a
request to revoke, in part, the
antidumping duty order on certain pasta
from Italy with respect to gluten-free
pasta. The Department confirmed that
E:\FR\FM\02JYN1.SGM
02JYN1
Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices
petitioners 1 have no interest in
antidumping duty relief from imports of
gluten-free pasta. Therefore, we are
notifying the public of our intent to
revoke, in part, the antidumping duty
order as it relates to imports of glutenfree pasta as described below. The
Department invites interested parties to
comment on these preliminary results.
FOR FURTHER INFORMATION CONTACT:
Christopher Hargett, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington DC 20230;
telephone (202) 482–4161.
Ambientale (‘‘ICEA’’) are also excluded
from this order. See Memorandum from
Audrey Twyman to Susan Kuhbach,
dated February 28, 2006, ‘‘Recognition
of Instituto per la Certificazione Etica e
Ambientale.’’
The merchandise subject to this order
is currently classifiable under
subheadings 1901.90.95 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.
Background
On July 24, 1996, the Department
published in the Federal Register the
antidumping duty order on pasta from
Italy. See Notice of Antidumping Duty
Order and Amended Final
Determination of Sales at Less Than
Fair Value: Certain Pasta From Italy, 61
FR 38547 (July 24, 1996).
On February 3, 2009, the Department
received a request on behalf of Pasta
Lensi S.r.L. (‘‘Lensi’’) for a changed
circumstances review to revoke, in part,
the antidumping duty order on certain
pasta from Italy with respect to glutenfree pasta. We did not receive comments
from any other party.
Initiation and Preliminary Results of
Changed Circumstances Review, and
Intent To Revoke Order in Part
At the request of Lensi, and in
accordance with sections 751(b)(1) and
(d)(1) of the Tariff Act of 1930, as
amended (‘‘Act’’), and 19 CFR 351.216,
the Department is initiating a changed
circumstances review of certain pasta
from Italy to determine whether partial
revocation of the antidumping duty
order is warranted with respect to
gluten-free pasta. Section 782(h)(2) of
the Act and 19 CFR 351.222(g)(1)(i)
provide that the Department may revoke
an order (in whole or in part) if it
determines that producers accounting
for substantially all of the production of
the domestic like product have no
further interest in the order, in whole or
in part. In addition, in the event the
Department determines that expedited
action is warranted, 19 CFR
351.221(c)(3)(ii) permits the Department
to combine the notices of initiation and
preliminary results.
In accordance with section 751(b) of
the Act, and 19 CFR 351.222(g)(l)(i) and
351.221(c)(3), we are initiating this
changed circumstances review and have
determined that expedited action is
warranted. Lensi stated in its May 26,
2009, request that petitioners support
the request for changed circumstances
review as filed. The certificate of service
for Lensi’s May 26, 2009, request
indicates that the request was served on
counsel for petitioners in the current
review of this proceeding. On June 1,
2009, the Department spoke with
counsel for petitioners who stated that
they had knowledge of the request
before it was filed, and supported the
request.2 In accordance with section
751(b) of the Act and 19 CFR
351.222(g)(1)(i), and absent any
evidence to the contrary, we find
Scope of the Order
Imports covered by this 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 this order
are refrigerated, frozen, or canned
pastas, as well as all forms of egg pasta,
with the exception of non-egg dry pasta
containing up to two percent egg white.
Also excluded are imports of organic
pasta from Italy that are accompanied by
the appropriate certificate issued by the
Instituto Mediterraneo Di Certificazione,
by Bioagricoop Scrl, by QC&I
International Services, by Ecocert Italia,
by Consorzio per il Controllo dei
Prodotti Biologici, by Associazione
Italiana per l’Agricoltura Biologica, or
by Instituto per la Certificazione Etica e
1 New World Pasta Company, Dakota Growers
Pasta Company, and American Italian Pasta
Company.
VerDate Nov<24>2008
15:35 Jul 01, 2009
Jkt 217001
2See Memo from Christopher Hargett, Case
Analyst, AD/CVD Operations 3, to Melissa Skinner,
Office Director, AD/CVD Operations 3 entitled
‘‘Phone Conversation with Counsel for Petitioners,’’
dated June 2, 2009.
PO 00000
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Sfmt 4703
31697
petitioners comprise substantially all of
the production of the domestic like
product. See Pasta Lensi May 26, 2009,
letter to the Department. Petitioners
have expressed a lack of interest in the
order, in part, with respect to gluten-free
pasta.3 Based on the expression of no
interest by petitioners, and absent any
objection by any other interested
parties, we have preliminarily
determined that the domestic producers
of the like product have no interest in
the continued application of the
antidumping duty order on certain pasta
from Italy to the merchandise that is
subject to this request. Accordingly, we
are notifying the public of our intent to
revoke, in part, the antidumping duty
order with respect to gluten-free pasta.
Therefore, we intend to change the
scope of the order on certain pasta from
Italy to include the following exclusion:
Excluded from the scope is gluten-free
pasta.
Public Comment
Interested parties are invited to
comment on these preliminary results.
Written comments may be submitted no
later than 14 days after the date of
publication of these preliminary results.
Rebuttals to written comments, limited
to issues raised in such comments, may
be filed no later than 21 days after the
date of publication of these preliminary
results. The Department will issue the
final results of this changed
circumstances review, which will
include its analysis of any written
comments, no later than 270 days after
the date on which this review was
initiated, or within 45 days if all parties
agree to our preliminary results. See 19
CFR 351.216(e).
If final revocation occurs, we will
instruct U.S. Customs and Border
Protection to end the suspension of
liquidation for the merchandise covered
by the revocation on the effective date
of the notice of revocation and to release
any cash deposit or bond. See 19 CFR
351.222(g)(4). The current requirement
for a cash deposit of estimated
antidumping duties on all subject
merchandise will continue unless and
until it is modified pursuant to the final
results of this changed circumstances
review.
This initiation and preliminary results
of review and notice are in accordance
with sections 751(b) and 777(i) of the
Act and 19 CFR 351.216, 351.221, and
351.222.
3 See
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31698
Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices
Dated: June 26, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–15707 Filed 7–1–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Frozen Warmwater Shrimp From
Vietnam: Notice of Preliminary Results
of Antidumping Duty Changed
Circumstances Reviews
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 18, 2009, the
Department of Commerce (‘‘the
Department’’) published in the Federal
Register a notice of initiation of changed
circumstances reviews of the
antidumping duty order on frozen
warmwater shrimp from Vietnam in
order to determine whether five
companies, Bac Lieu Fisheries Joint
Stock Company (‘‘Bac Lieu JSC’’),
Cadovimex Seafood Import-Export and
Processing Joint Stock Company
(‘‘Cadovimex Vietnam’’), Soc Trang
Seafood Joint Stock Company
(‘‘STAPIMEX JSC’’), Thuan Phuoc
Seafoods and Trading Corporation
(‘‘Thuan Phuoc JSC’’), and UTXI
Aquatic Products Processing
Corporation (‘‘UTXI Corp.’’)
(collectively, ‘‘Five CCR Companies’’)
are successors-in-interest, respectively,
to Bac Lieu Fisheries Company Limited
(‘‘Bac Lieu Limited’’), Cai Doi Vam
Seafood Import-Export Company
(‘‘Cadovimex’’), Soc Trang Aquatic
Products and General Import Export
Company (‘‘STAPIMEX’’), Thuan Phuoc
Seafoods and Trading Corporation
(‘‘Thuan Phuoc SOE’’), and UTXI
Aquatic Products Processing Company
(‘‘UTXI’’) (collectively, ‘‘Five Original
Companies’’) for purposes of
determining antidumping duty liability.
Similarly, on April 14, 2009, the
Department published in the Federal
Register a notice of initiation of changed
circumstances review of the
antidumping order in order to
determine whether Can Tho Import
Export Fishery Limited Company
(‘‘CAFISH’’) is the successor-in-interest
to Can Tho Agricultural and Animal
Products Import Export Company
(‘‘CATACO’’). We have preliminarily
determined that Bac Lieu JSC,
Cadovimex Vietnam, STAPIMEX JSC,
Thuan Phuoc JSC, and UTXI Corp. are
the successors-in-interest to the
VerDate Nov<24>2008
15:35 Jul 01, 2009
Jkt 217001
respective Five Original Companies for
purposes of determining antidumping
duty liability. However, we have
preliminarily determined that CAFISH
is not the successor-in-interest to
CATACO for purposes of determining
antidumping duty liability. Interested
parties are invited to comment on these
preliminary results.
DATES: Effective Date: July 2, 2009.
FOR FURTHER INFORMATION CONTACT: Jerry
Huang or Scot T. Fullerton, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue,
NW., Washington, DC 20230; telephone:
202–482–4047 or 202–482–1386,
respectively.
Background
The Department published in the
Federal Register the antidumping duty
order for frozen warmwater shrimp from
Vietnam on February 1, 2005. See
Notice of Amended Final Determination
of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain
Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam, 70 FR
5152, 5154–55 (February 1, 2005)
(‘‘Order’’). As part of the Order, all six
companies, Bac Lieu Limited,
Cadovimex, STAPIMEX, Thuan Phuoc
SOE, UTXI, and CATACO received a
separate antidumping duty cash deposit
rate of 4.57 percent. Id.
On January 26, 2009, STAPIMEX JSC,
and on January 27, 2009, UTXI Corp.,
filed submissions requesting that the
Department conduct changed
circumstances reviews of the
antidumping duty order on frozen
warmwater shrimp from Vietnam
claiming, respectively, that STAPIMEX
JSC is the successor-in-interest to
STAPIMEX,1 and that UTXI Corp. is the
successor-in-interest to UTXI,2 in
accordance with section 751(b) of the
Tariff Act of 1930, as amended (‘‘the
Act’’) and 19 CRF 351.216. Then on
February 4, 2009, Cadovimex-Vietnam,
on February 5, 2009, Thuan Phuoc JSC,
and on February 6, 2009, Bac Lieu JSC,
filed submissions requesting that the
Department conduct changed
circumstances reviews of the
antidumping duty order claiming,
respectively, that Cadovimex-Vietnam is
1 See STAPIMEX JSC’s submission to the
Department regarding Certain Frozen Warmwater
Shrimp from Vietnam: Request for Changed
Circumstances Review, January 26, 2009
(‘‘STAPIMEX JSC’s CCR Request’’).
2 See UTXI Corp.’s submission to the Department
regarding Certain Frozen Warmwater Shrimp from
Vietnam: Request for Changed Circumstances
Review, January 27, 2009 (‘‘UTXI Corp.’s CCR
Request’’).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
the successor-in-interest to Cadovimex,3
that Thuan Phuoc JSC is the successorin-interest to Thuan Phuoc SOE,4 and
that Bac Lieu JSC is the successor-ininterest to Bac Lieu Limited.5 In their
submissions, the Five CCR Companies
provided information regarding the
events leading to each company’s
transition from the Five Original
Companies. Specifically, CadovimexVietnam, STAPIMEX JSC, and Thuan
Phuoc JSC provided documentation
relating to their change from Stateowned enterprises (‘‘SOEs’’) to joint
stock companies (‘‘JSCs’’), while Bac
Lieu JSC and UTXI Corp. provided
documentation relating to their change
from limited liability companies
(‘‘LLCs’’) to JSCs. In addition, all five
companies provided documentation
relating to their ownership structures
and management, production facilities,
supplier relationships, and customer
bases, among other things. In response
to these requests, the Department
initiated changed circumstances reviews
of the Five CCR Companies on March
18, 2009. See Certain Frozen
Warmwater Shrimp from Socialist
Republic of Vietnam: Initiation of
Changed Circumstances Reviews, 74 FR
11527 (March 18, 2009) (‘‘Initiation
Notice’’).
On March 13, 2009, CATACO filed a
submission requesting that the
Department conduct a changed
circumstances review of the
antidumping duty order claiming that
CAFISH is the successor-in-interest to
CATACO’s shrimp processing
operation.6 In its submission, CATACO
provided information regarding the
formation of its seafood factory as a
separate JSC, Cantho Import-Export
Seafood Joint Stocks Company
(‘‘CASEAMEX’’). CATACO provided
additional information regarding the
subsequent further separation of
CASEAMEX’s shrimp processing
operation which formed a joint venture
with an unaffiliated shrimp processing
3 See Cadovimex-Vietnam’s submission to the
Department regarding Certain Frozen Warmwater
Shrimp from Vietnam: Request for Changed
Circumstances Review, February 4, 2009
(‘‘Cadovimex-Vietnam’s CCR Request’’).
4 See Thuan Phuoc JSC’s submission to the
Department regarding Certain Frozen Warmwater
Shrimp from Vietnam: Request for Changed
Circumstances Review, February 5, 2009 (‘‘Thuan
Phuoc JSC’s CCR Request’’).
5 See Bac Lieu JSC’s submission to the
Department regarding Certain Frozen Warmwater
Shrimp from Vietnam: Request for Changed
Circumstances Review, February 6, 2009 (‘‘Bac Lieu
JSC’s CCR Request’’).
6 See CATACO’s submission to the Department
regarding Certain Frozen Warmwater Shrimp from
Vietnam: Request for Changed Circumstances
Review, March 14, 2009 (‘‘CATACO’s CCR
Request’’).
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]]>Agencies
[Federal Register Volume 74, Number 126 (Thursday, July 2, 2009)]
[Notices]
[Pages 31696-31698]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15707]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Initiation and Preliminary Results of
Changed Circumstances Review, and Intent To Revoke Order in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
DATES: Effective Date: July 2, 2009.
SUMMARY: On May 26, 2009, the Department of Commerce (``Department'')
received a request for a changed circumstances review and a request to
revoke, in part, the antidumping duty order on certain pasta from Italy
with respect to gluten-free pasta. The Department confirmed that
[[Page 31697]]
petitioners \1\ have no interest in antidumping duty relief from
imports of gluten-free pasta. Therefore, we are notifying the public of
our intent to revoke, in part, the antidumping duty order as it relates
to imports of gluten-free pasta as described below. The Department
invites interested parties to comment on these preliminary results.
---------------------------------------------------------------------------
\1\ New World Pasta Company, Dakota Growers Pasta Company, and
American Italian Pasta Company.
FOR FURTHER INFORMATION CONTACT: Christopher Hargett, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington DC
20230; telephone (202) 482-4161.
Background
On July 24, 1996, the Department published in the Federal Register
the antidumping duty order on pasta from Italy. See Notice of
Antidumping Duty Order and Amended Final Determination of Sales at Less
Than Fair Value: Certain Pasta From Italy, 61 FR 38547 (July 24, 1996).
On February 3, 2009, the Department received a request on behalf of
Pasta Lensi S.r.L. (``Lensi'') for a changed circumstances review to
revoke, in part, the antidumping duty order on certain pasta from Italy
with respect to gluten-free pasta. We did not receive comments from any
other party.
Scope of the Order
Imports covered by this 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 this order are refrigerated, frozen, or
canned pastas, as well as all forms of egg pasta, with the exception of
non-egg dry pasta containing up to two percent egg white. Also excluded
are imports of organic pasta from Italy that are accompanied by the
appropriate certificate issued by the Instituto Mediterraneo Di
Certificazione, by Bioagricoop Scrl, by QC&I International Services, by
Ecocert Italia, by Consorzio per il Controllo dei Prodotti Biologici,
by Associazione Italiana per l'Agricoltura Biologica, or by Instituto
per la Certificazione Etica e Ambientale (``ICEA'') are also excluded
from this order. See Memorandum from Audrey Twyman to Susan Kuhbach,
dated February 28, 2006, ``Recognition of Instituto per la
Certificazione Etica e Ambientale.''
The merchandise subject to this order is currently classifiable
under subheadings 1901.90.95 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.
Initiation and Preliminary Results of Changed Circumstances Review, and
Intent To Revoke Order in Part
At the request of Lensi, and in accordance with sections 751(b)(1)
and (d)(1) of the Tariff Act of 1930, as amended (``Act''), and 19 CFR
351.216, the Department is initiating a changed circumstances review of
certain pasta from Italy to determine whether partial revocation of the
antidumping duty order is warranted with respect to gluten-free pasta.
Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide that
the Department may revoke an order (in whole or in part) if it
determines that producers accounting for substantially all of the
production of the domestic like product have no further interest in the
order, in whole or in part. In addition, in the event the Department
determines that expedited action is warranted, 19 CFR 351.221(c)(3)(ii)
permits the Department to combine the notices of initiation and
preliminary results.
In accordance with section 751(b) of the Act, and 19 CFR
351.222(g)(l)(i) and 351.221(c)(3), we are initiating this changed
circumstances review and have determined that expedited action is
warranted. Lensi stated in its May 26, 2009, request that petitioners
support the request for changed circumstances review as filed. The
certificate of service for Lensi's May 26, 2009, request indicates that
the request was served on counsel for petitioners in the current review
of this proceeding. On June 1, 2009, the Department spoke with counsel
for petitioners who stated that they had knowledge of the request
before it was filed, and supported the request.\2\ In accordance with
section 751(b) of the Act and 19 CFR 351.222(g)(1)(i), and absent any
evidence to the contrary, we find petitioners comprise substantially
all of the production of the domestic like product. See Pasta Lensi May
26, 2009, letter to the Department. Petitioners have expressed a lack
of interest in the order, in part, with respect to gluten-free
pasta.\3\ Based on the expression of no interest by petitioners, and
absent any objection by any other interested parties, we have
preliminarily determined that the domestic producers of the like
product have no interest in the continued application of the
antidumping duty order on certain pasta from Italy to the merchandise
that is subject to this request. Accordingly, we are notifying the
public of our intent to revoke, in part, the antidumping duty order
with respect to gluten-free pasta. Therefore, we intend to change the
scope of the order on certain pasta from Italy to include the following
exclusion: Excluded from the scope is gluten-free pasta.
---------------------------------------------------------------------------
\2\See Memo from Christopher Hargett, Case Analyst, AD/CVD
Operations 3, to Melissa Skinner, Office Director, AD/CVD Operations
3 entitled ``Phone Conversation with Counsel for Petitioners,''
dated June 2, 2009.
\3\ See id.
---------------------------------------------------------------------------
Public Comment
Interested parties are invited to comment on these preliminary
results. Written comments may be submitted no later than 14 days after
the date of publication of these preliminary results. Rebuttals to
written comments, limited to issues raised in such comments, may be
filed no later than 21 days after the date of publication of these
preliminary results. The Department will issue the final results of
this changed circumstances review, which will include its analysis of
any written comments, no later than 270 days after the date on which
this review was initiated, or within 45 days if all parties agree to
our preliminary results. See 19 CFR 351.216(e).
If final revocation occurs, we will instruct U.S. Customs and
Border Protection to end the suspension of liquidation for the
merchandise covered by the revocation on the effective date of the
notice of revocation and to release any cash deposit or bond. See 19
CFR 351.222(g)(4). The current requirement for a cash deposit of
estimated antidumping duties on all subject merchandise will continue
unless and until it is modified pursuant to the final results of this
changed circumstances review.
This initiation and preliminary results of review and notice are in
accordance with sections 751(b) and 777(i) of the Act and 19 CFR
351.216, 351.221, and 351.222.
[[Page 31698]]
Dated: June 26, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-15707 Filed 7-1-09; 8:45 am]
BILLING CODE 3510-DS-P
