Certain Pasta From Italy: Notice of Initiation of Changed Circumstances Review and Consideration of Revocation of Order, in Part, 56992-56994 [2010-23352]

Download as PDF 56992 Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Notices adjacent to U.S. Customs and Border Protection ports of entry; Whereas, the Board’s regulations (15 CFR Part 400) provide for the establishment of special-purpose subzones when existing zone facilities cannot serve the specific use involved, and when the activity results in a significant public benefit and is in the public interest; Whereas, the City of Baltimore, grantee of Foreign-Trade Zone 74, has made application to the Board for authority to establish a special-purpose subzone at the warehouse/distribution and wheel assembly facility of Michelin North America, Inc., located in Elkton, MD, (FTZ Docket 55–2009, filed 12/03/ 2009); Whereas, notice inviting public comment has been given in the Federal Register (74 FR 65515, 12/10/2009) and the application has been processed pursuant to the FTZ Act and the Board’s regulations; and, Whereas, the Board adopts the findings and recommendations of the examiner’s report, and finds that the requirements of the FTZ Act and Board’s regulations would be satisfied, and that the proposal would be in the public interest if subject to the restriction listed below; Now, therefore, the Board hereby grants authority for subzone status for activity related to tire and tire accessories warehousing and distribution and wheel assembly at the facility of Michelin North America, Inc., located in Elkton, Maryland (Subzone 74B), as described in the application and Federal Register notice, subject to the FTZ Act and the Board’s regulations, including Section 400.28, and further subject to the following condition: wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 Tires subject to temporary Section 421 duties shall be admitted in privileged foreign status (19 CFR Sec. 146.41) or domestic (duty paid) status (19 CFR Sec. 146.43). Signed at Washington, DC, this 3rd day of September 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, Alternate Chairman, ForeignTrade Zones Board. [FR Doc. 2010–23305 Filed 9–16–10; 8:45 am] BILLING CODE P VerDate Mar<15>2010 14:46 Sep 16, 2010 Jkt 220001 DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 1706] Grant of Authority for Subzone Status; Luigi Bormioli Corporation (Distribution of Glassware), Barnwell, SC Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a–81u), the Foreign-Trade Zones Board (the Board) adopts the following Order: Whereas, the Foreign-Trade Zones Act provides for ‘‘* * * the establishment * * * of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,’’ and authorizes the Foreign-Trade Zones Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry; Whereas, the Board’s regulations (15 CFR Part 400) provide for the establishment of special-purpose subzones when existing zone facilities cannot serve the specific use involved, and when the activity results in a significant public benefit and is in the public interest; Whereas, the South Carolina State Ports Authority, grantee of ForeignTrade Zone 21, has made application to the Board for authority to establish a special-purpose subzone at the warehouse and distribution facility of Luigi Bormioli Corporation, located in Barnwell, South Carolina, (FTZ Docket 10–2010, filed 2/16/2010); Whereas, notice inviting public comment has been given in the Federal Register (75 FR 8651–8652, 2/25/2010) and the application has been processed pursuant to the FTZ Act and the Board’s regulations; and, Whereas, the Board adopts the findings and recommendations of the examiner’s report, and finds that the requirements of the FTZ Act and Board’s regulations are satisfied, and that the proposal is in the public interest; Now, therefore, the Board hereby grants authority for subzone status for activity related to glass tableware and fragrance container warehousing and distribution at the facility of Luigi Bormioli Corporation, located in Barnwell, South Carolina (Subzone 21E), as described in the application and Federal Register notice, subject to the FTZ Act and the Board’s regulations, including Section 400.28. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Signed at Washington, DC this 3rd day of September 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, Alternate Chairman, ForeignTrade Zones Board. Andrew McGilvray, Executive Secretary. [FR Doc. 2010–23303 Filed 9–16–10; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [C–475–819] Certain Pasta From Italy: Notice of Initiation of Changed Circumstances Review and Consideration of Revocation of Order, in Part Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 29, 2010, the Department of Commerce (‘‘Department’’) received a request from H.J. Heinz Company (‘‘Heinz’’), an importer of subject merchandise, for a changed circumstances review and a request to revoke, in part, the countervailing duty order on certain pasta from Italy with respect to glutenfree pasta. Based on sufficient evidence submitted by Heinz, and in accordance with sections 751(b)(1) and (d)(1) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.216, the Department has determined that changed circumstances sufficient to warrant a review exist. Interested parties are invited to submit comments, as provided below. DATES: Effective Date: September 17, 2010. FOR FURTHER INFORMATION CONTACT: Patricia Tran at (202) 482–1503 or Mahnaz Khan at (202) 482–0914; AD/ CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: On July 24, 1996, the Department published in the Federal Register the countervailing duty order on pasta from Italy. See Notice of Countervailing Duty Order and Amended Final Affirmative Countervailing Duty Determination: Certain Pasta From Italy, 61 FR 38543 (July 24, 1996). On July 29, 2010, the Department received a request on behalf of Heinz, an importer of subject merchandise, for a changed circumstances review to revoke, in part, the countervailing duty order on certain AGENCY: E:\FR\FM\17SEN1.SGM 17SEN1 Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Notices wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 pasta from Italy with respect to glutenfree pasta. 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 the scope of the order is typically sold in the retail market, in fiberboard or cardboard cartons, or polyethylene or polypropylene bags of varying dimensions. Excluded from the scope of 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 the 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 1117 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 are also excluded from the 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 CRU. 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. VerDate Mar<15>2010 14:46 Sep 16, 2010 Jkt 220001 Scope Rulings The Department has issued the following scope rulings to date: (1) On August 25, 1997, the Department issued a scope ruling finding that multicolored pasta, imported in kitchen display bottles of decorative glass that are sealed with cork or paraffin and bound with raffia, is excluded from the scope of the antidumping (‘‘AD’’) and CVD 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 AD and CVD orders. See Letter from Susan H. Kuhbach to Barbara P. Sidari, dated July 30, 1998, which is on file 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 AD and CVD 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 AD and CVD orders. See Memorandum from John Brinkmann to Richard Moreland, dated May 24, 1999, which is on file 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 AD and CVD 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 on the Antidumping and Countervailing Duty Orders, 65 FR 26179 (May 5, 2000). On September 19, 2003, we published an affirmative finding in the anticircumvention inquiry. See AntiCircumvention 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). Initiation of Changed Circumstances Review, and Consideration of Revocation of Order, in Part Pursuant to section 751(b) of the Act, the Department will conduct a changed PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 56993 circumstances review upon receipt of a request from an interested party or receipt of information concerning an AD or CVD order which shows changed circumstances sufficient to warrant a review of the order. On July 29, 2010, Heinz cited in its request that subsequent administrative reviews of certain pasta from Italy indicate that the petitioners had focused on pasta made from durum wheat, semolina and wheat grain, rather than gluten-free pasta which is manufactured with corn, rice and other gluten free flour as its primary ingredients.1 Moreover, Heinz’s request also states that the petitioners have previously indicated that they have no interest in including gluten-free pasta in the scope of the AD order because gluten-free pasta appeals to a niche consumer segment with limited commercial interest. Based on sufficient evidence provided by Heinz, and in accordance with sections 751(b)(1) and (d)(1) of the Act, and 19 CFR 351.216, the Department has determined that changed circumstances sufficient to warrant a review exist. Therefore, the Department is initiating a changed circumstances review of certain pasta from Italy to determine whether partial revocation of the countervailing 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. Public Comment Interested parties are invited to comment on the notice of initiation of changed circumstance review and consideration of revocation of order, in part. Written comments may be submitted no later than 14 days after the date of publication of this initiation. Rebuttals to written comments, limited to issues raised in such comments, may be filed no later than 20 days after the date of publication of this initiation. 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 the outcome of the 1 The petitioners are New World Pasta Company, American Italian Pasta Company, and Dakota Growers Pasta Company. In addition, See Certain Pasta from Italy: Notice of Final Results of Antidumping Duty Changed Circumstances Review and Revocation, in Part, 74 FR 41120 (August 14, 2009). E:\FR\FM\17SEN1.SGM 17SEN1 56994 Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Notices review. See 19 CFR 351.216(e) and 19 CFR 351.221. This initiation 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. Dated: September 13, 2010. Susan H. Kuhbach, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–23352 Filed 9–16–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE All visitors to the National Institute of Standards and Technology site will have to pre-register to be admitted. Please submit your name, time of arrival, email address and phone number to Diane Harrison no later than Monday, December 6, 2010, and she will provide you with instructions for admittance. Non-U.S. citizens must also submit their passport number, country of citizenship, title, employer/sponsor, address and telephone. Ms. Harrison’s email address is diane.harrison@nist.gov and her phone number is (301) 975– 2361. SUPPLEMENTARY INFORMATION: Dated: September 8, 2010. Harry S. Hertz, Director, Baldrige National Quality Program. National Institute of Standards and Technology Malcolm Baldrige National Quality Award Board of Overseers [FR Doc. 2010–23341 Filed 9–16–10; 8:45 am] BILLING CODE 3510–13–P National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of Open Meeting. AGENCY: Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app., notice is hereby given that there will be a meeting of the Board of Overseers of the Malcolm Baldrige National Quality Award on December 7, 2010. The Board of Overseers is composed of 12 members prominent in the fields of quality, innovation, and performance management and appointed by the Secretary of Commerce, assembled to advise the Secretary of Commerce on the conduct of the Baldrige Award. The purpose of this meeting is to discuss and review information received from the National Institute of Standards and Technology and from the Chair of the Judges Panel of the Malcolm Baldrige National Quality Award. The agenda will include: Report from the Judges’ Panel, Baldrige Program (BNQP) Update, Baldrige Fellows Program Status Report, Baldrige Program Changes in 2011, and Recommendations for the NIST Director. DATES: The meeting will convene December 7, 2010, at 8:30 a.m. and adjourn at 3 p.m. on December 7, 2010. ADDRESSES: The meeting will be held at the National Institute of Standards and Technology, Administration Building, Lecture Room B, Gaithersburg, Maryland 20899. Please note admittance instructions under the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: Dr. Harry Hertz, Director, Baldrige National Quality Program, National Institute of Standards and Technology, Gaithersburg, Maryland 20899, telephone number (301) 975–2361. wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 SUMMARY: VerDate Mar<15>2010 14:46 Sep 16, 2010 Jkt 220001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XZ10 Mid-Atlantic Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. AGENCY: The Mid-Atlantic Fishery Management Council’s (MAFMC) Scientific and Statistical Committee (SSC) will hold a webinar. DATES: The meeting will be held on Friday, October 1, 2010, from 2 p.m. to 4 p.m. ADDRESSES: The webinar will be held at Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 674– 2331. Council address: Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 674–2331. FOR FURTHER INFORMATION CONTACT: Christopher M. Moore Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 526–5255. SUPPLEMENTARY INFORMATION: The purpose of the meeting is to give the public the opportunity to comment on actions taken by the SSC at its meeting on September 21–22, 2010 to be held in Baltimore, MD. The agenda for the September 21–22, 2010 SSC meeting included the following topics: (1) new SUMMARY: PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 SSC member orientation, (2) review stock assessment information and specify overfishing level and acceptable biological catch for spiny dogfish for fishing years 2011–15; review and comment on proposed quota specifications and management measures for spiny dogfish for fishing years 2011–15, (3) progress report o Management Strategy Evaluation study; (4) review and comment on Council five year research plan, (5) discussed results of August 12–13, 2010 ACL Workshop and planned follow-up joint workshop with NEFSC and New England Fishery Management Council’s SSC, (6) developed recommendations for stock assessment schedule, (7) set 2011 SSC schedule, (8) discussed development of Industry Advisory Panel Reports, and (9) discussed formation of SSC Ecosystem Subcommittee and development of ecosystem terms of reference for the Council. Details about participation in the Webinar will be posted on the Council’s website which can be accessed at www.mafmc.org. Members of the public may also access the webinar at the Council offices located at 800 North State Street, Suite 201, Dover, DE. Special Accommodations The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to M. Jan Saunders at the Mid-Atlantic Council Office, (302) 526–5251, at least 5 days prior to the meeting date. Dated: September 14, 2010. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–23204 Filed 9–16–10; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Telecommunications and Information Administration Internet Protocol Version 6 (IPv6) Workshop: The Impact of the Uptake and Deployment of IPv6 Addresses for Industry, the U.S. Government, and the Internet Economy National Telecommunications and Information Administration, U.S. Department of Commerce. ACTION: Notice of public workshop. AGENCY: The National Telecommunications and Information Administration (NTIA), on behalf of the U.S. Department of Commerce (Department), will hold a workshop on SUMMARY: E:\FR\FM\17SEN1.SGM 17SEN1

Agencies

[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Notices]
[Pages 56992-56994]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23352]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-819]


Certain Pasta From Italy: Notice of Initiation of Changed 
Circumstances Review and Consideration of Revocation of Order, in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On July 29, 2010, the Department of Commerce (``Department'') 
received a request from H.J. Heinz Company (``Heinz''), an importer of 
subject merchandise, for a changed circumstances review and a request 
to revoke, in part, the countervailing duty order on certain pasta from 
Italy with respect to gluten-free pasta. Based on sufficient evidence 
submitted by Heinz, and in accordance with sections 751(b)(1) and 
(d)(1) of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 
351.216, the Department has determined that changed circumstances 
sufficient to warrant a review exist. Interested parties are invited to 
submit comments, as provided below.

DATES: Effective Date: September 17, 2010.

FOR FURTHER INFORMATION CONTACT: Patricia Tran at (202) 482-1503 or 
Mahnaz Khan at (202) 482-0914; AD/CVD Operations, Office 1, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: On July 24, 1996, the Department published 
in the Federal Register the countervailing duty order on pasta from 
Italy. See Notice of Countervailing Duty Order and Amended Final 
Affirmative Countervailing Duty Determination: Certain Pasta From 
Italy, 61 FR 38543 (July 24, 1996). On July 29, 2010, the Department 
received a request on behalf of Heinz, an importer of subject 
merchandise, for a changed circumstances review to revoke, in part, the 
countervailing duty order on certain

[[Page 56993]]

pasta from Italy with respect to gluten-free pasta.

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 the scope of the order is typically sold in the retail 
market, in fiberboard or cardboard cartons, or polyethylene or 
polypropylene bags of varying dimensions.
    Excluded from the scope of 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 the 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 1117 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 are also excluded from the 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 CRU.
    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 
finding that multicolored pasta, imported in kitchen display bottles of 
decorative glass that are sealed with cork or paraffin and bound with 
raffia, is excluded from the scope of the antidumping (``AD'') and CVD 
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 AD and 
CVD orders. See Letter from Susan H. Kuhbach to Barbara P. Sidari, 
dated July 30, 1998, which is on file 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 AD 
and CVD 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 AD and CVD orders. See Memorandum from John Brinkmann to Richard 
Moreland, dated May 24, 1999, which is on file 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 AD and CVD 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 on the Antidumping and Countervailing Duty Orders, 65 FR 26179 
(May 5, 2000). On September 19, 2003, we published an affirmative 
finding in 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).

Initiation of Changed Circumstances Review, and Consideration of 
Revocation of Order, in Part

    Pursuant to section 751(b) of the Act, the Department will conduct 
a changed circumstances review upon receipt of a request from an 
interested party or receipt of information concerning an AD or CVD 
order which shows changed circumstances sufficient to warrant a review 
of the order. On July 29, 2010, Heinz cited in its request that 
subsequent administrative reviews of certain pasta from Italy indicate 
that the petitioners had focused on pasta made from durum wheat, 
semolina and wheat grain, rather than gluten-free pasta which is 
manufactured with corn, rice and other gluten free flour as its primary 
ingredients.\1\ Moreover, Heinz's request also states that the 
petitioners have previously indicated that they have no interest in 
including gluten-free pasta in the scope of the AD order because 
gluten-free pasta appeals to a niche consumer segment with limited 
commercial interest. Based on sufficient evidence provided by Heinz, 
and in accordance with sections 751(b)(1) and (d)(1) of the Act, and 19 
CFR 351.216, the Department has determined that changed circumstances 
sufficient to warrant a review exist. Therefore, the Department is 
initiating a changed circumstances review of certain pasta from Italy 
to determine whether partial revocation of the countervailing 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.
---------------------------------------------------------------------------

    \1\ The petitioners are New World Pasta Company, American 
Italian Pasta Company, and Dakota Growers Pasta Company. In 
addition, See Certain Pasta from Italy: Notice of Final Results of 
Antidumping Duty Changed Circumstances Review and Revocation, in 
Part, 74 FR 41120 (August 14, 2009).
---------------------------------------------------------------------------

Public Comment

    Interested parties are invited to comment on the notice of 
initiation of changed circumstance review and consideration of 
revocation of order, in part. Written comments may be submitted no 
later than 14 days after the date of publication of this initiation. 
Rebuttals to written comments, limited to issues raised in such 
comments, may be filed no later than 20 days after the date of 
publication of this initiation. 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 the outcome of the

[[Page 56994]]

review. See 19 CFR 351.216(e) and 19 CFR 351.221.
    This initiation 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.

    Dated: September 13, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-23352 Filed 9-16-10; 8:45 am]
BILLING CODE 3510-DS-P