Certain Pasta From Italy: Final Results of Antidumping Duty and Countervailing Duty Changed Circumstances Reviews and Revocation, in Part, 58319-58320 [2014-23129]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 79, Number 188 (Monday, September 29, 2014)]
[Notices]
[Pages 58319-58320]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23129]



[[Page 58319]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818, C-475-819]


Certain Pasta From Italy: Final Results of Antidumping Duty and 
Countervailing Duty Changed Circumstances Reviews and Revocation, in 
Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 15, 2014, the Department of Commerce (the 
Department) published its notice of initiation and preliminary results 
of changed circumstances review, and intent to revoke, in part, the 
antidumping and countervailing duty orders on certain pasta from 
Italy.\1\ We invited parties to comment and received no comments. 
Therefore, we are now revoking the orders, in part, with respect to 
certain cheese- and/or vegetable-filled (stuffed) ravioli and 
tortellini pasta (ravioli and tortellini filled with cheese and/or 
vegetables).
---------------------------------------------------------------------------

    \1\ See Certain Pasta From Italy: Initiation and Preliminary 
Results of Antidumping Duty and Countervailing Duty Changed 
Circumstances Review, and Intent To Revoke Orders, In Part, 79 FR 
48121 (August 15, 2014) (Initiation and Preliminary Results).

DATES: Effective Dates: July 1, 2012 (AD order) and January 1, 2012 
---------------------------------------------------------------------------
(CVD order).

FOR FURTHER INFORMATION CONTACT: Jennifer Meek at (202) 482-2778; AD/
CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On July 24, 1996, the Department published in the Federal Register 
the Orders on certain pasta from Italy.\2\ On May 16, 2014, in 
accordance with sections 751(b) and 751(d)(1) of the Tariff Act of 
1930, as amended (the Act), 19 CFR 351.216(b), and 19 CFR 
351.222(g)(1), Grandi Pastai Italiani, Inc. and Grandi Pastai Italiani 
S.p.A. (together, GPI), an importer of subject merchandise, requested 
revocation, in part, of the Orders with respect to its Italian ravioli 
and tortellini filled with cheese and/or vegetables, as part of a 
changed circumstances review. GPI requested that the Department conduct 
the changed circumstances review on an expedited basis pursuant to 19 
CFR 351.221(c)(3)(ii). As noted above, we gave interested parties an 
opportunity to comment on the Initiation and Preliminary Results. We 
received no comments from interested parties. Therefore, we are now 
revoking the Orders, in part, with respect to ravioli and tortellini 
filled with cheese and/or vegetables.
---------------------------------------------------------------------------

    \2\ See Notice of Countervailing Duty Order and Amended Final 
Affirmative Countervailing Duty Determination: Certain Pasta From 
Italy, 61 FR 38544 (July 24, 1996) and 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) 
(collectively, the Orders).
---------------------------------------------------------------------------

Scope of the Orders

    Imports covered by these Orders are shipments of certain non-egg 
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 these Orders 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 
Certificzione, by QC&I International Services, by Ecocert Italia, by 
Consorzio per il Controllo dei Prodotti Biologici, by Associazion 
Italiana per l'Agricoltra Biologica, by Ambientale.\3\ Effective July 
1, 2008, gluten-free pasta is also excluded from the AD order.\4\ 
Effective January 1, 2009, gluten-free pasta is also excluded from the 
scope of the CVD order.\5\
---------------------------------------------------------------------------

    \3\ See Memorandum from Yasmin Nair to Susan Kuhbach, entitled 
``Recognition of EU Organic Certifying Agents for Certifying Organic 
Pasta from Italy'' (October 10, 2012), which is on file in the 
Department's Central Records Unit (``CRU'') in Room 7046 of the main 
Department building.
    \4\ 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).
    \5\ See Final Results of Countervailing Duty Changed 
Circumstances Review and Revocation, In Part, 76 FR 27634 (May 12, 
2011) (Pasta From Italy CVD CCR).
---------------------------------------------------------------------------

    The merchandise subject to these Orders is currently classifiable 
under items 1901.90.9095 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 description of the 
merchandise subject to the Orders is dispositive.

Scope Rulings

    The Department 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 Orders.\6\
---------------------------------------------------------------------------

    \6\ 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 
Orders.\7\
---------------------------------------------------------------------------

    \7\ 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 
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 Orders.\8\
---------------------------------------------------------------------------

    \8\ See Memorandum from John Brinkman 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 Orders pursuant 
to section 781(a) of the Tariff Act of 1930, as amended (the Act), 
and 19 CFR 351.225(b).\9\ On September 19, 2003, we published an 
affirmative finding in the anti-circumvention inquiry.\10\
---------------------------------------------------------------------------

    \9\ 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).
    \10\ 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).
---------------------------------------------------------------------------

(5) On July 18, 2013, the Department issued a scope ruling finding 
that Valdigrano di Flavio Pagani S.r.L. product which is made from a 
dough that contains 2.5 percent egg white, by weight, is within the 
scope of the Orders.\11\
---------------------------------------------------------------------------

    \11\ See Memorandum from Joseph Shuler to Christian Marsh, dated 
July 18, 2013, which is on file in the CRU.


[[Page 58320]]


---------------------------------------------------------------------------

Final Results of Antidumping and Countervailing Duty Changed 
Circumstances Reviews, and Revocation of the Orders in Part

    At the request of GPI, and in accordance with sections 751(b)(1) 
and 751(d)(1) of the Act, 19 CFR 351.216, and 19 CFR 351.222(g)(1), the 
Department initiated a changed circumstances review of ravioli and 
tortellini filled with cheese and/or vegetables from Italy to determine 
whether a partial revocation of the Orders is warranted with respect to 
these products.\12\ In addition, we determined that expedited action is 
warranted and, consistent with 19 CFR 351.221(c)(3)(ii), combined the 
notices of initiation and preliminary results.\13\ Based on the 
expression of no interest by Petitioners,\14\ which stated that they 
are producers accounting for substantially all of the production of the 
domestic like product in support of the Orders,\15\ and absent any 
objections by other domestic interested parties, we preliminarily 
determined that substantially all of the domestic producers of the like 
product have no interest in the continued application of the Orders to 
the merchandise that is subject to GPI's request and that partial 
revocation of the Orders is appropriate. Accordingly, we notified the 
public of our intent to revoke, in part, the AD and CVD Orders as they 
relate to imports of ravioli and tortellini filled with cheese and/or 
vegetables from Italy.\16\ We did not receive any comments from parties 
objecting to the partial revocation. Because all parties to the 
proceeding agree to the outcome of the review, we are issuing these 
final results of changed circumstances review within 45 days of 
initiation in accordance with 19 CFR 351.216(e). Therefore, in 
accordance with sections 751(d)(1) and 782(h) of the Act and 19 CFR 
351.222(g)(1)(i) of the Department's regulations, we are partially 
revoking the Orders with regard to the specific products meeting the 
specifications described below. This partial revocation will be applied 
retroactively to entries of ravioli and tortellini filled with cheese 
and/or vegetables, entered or withdrawn from warehouse, for 
consumption, on or after July 1, 2012 for the AD order and January 1, 
2012 for the CVD order, which correspond to the day following the last 
day of the most recently completed administrative reviews under each 
order.\17\ The scope of the AD and CVD orders are modified to read as 
follows:
---------------------------------------------------------------------------

    \12\ See Initiation and Preliminary Results.
    \13\ Id.
    \14\ Petitioners in this proceeding include A. Zerega's Sons, 
Inc., American Italian Pasta Company, Dakota Growers Pasta Company, 
New World Pasta Company, Philadelphia Macaroni Company, and ST 
Specialty Foods. See Letter from Petitioners, ``Changed 
Circumstances Review Request--Certain Pasta From Italy''(May 16, 
2014).
    \15\ See Letter from Petitioner, ``Changed Circumstances Review 
Request--Certain Pasta From Italy'' (May 16, 2014).
    \16\ See Initiation and Preliminary Results.
    \17\ See, e.g., Wooden Bedroom Furniture from the People's 
Republic of China: Final Results of Changed Circumstances Review and 
Determination to Revoke Order in Part, 74 FR 8506 (February 25, 
2009) (retroactively revoking an order, in part, to unliquidated 
entries not subject to a final determination by the Department).

    Imports covered by these orders are shipments of certain non-egg 
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 these orders 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 Certificzione, by QC&I International 
Services, by Ecocert Italia, by Consorzio per il Controllo dei 
Prodotti Biologici, by Associazion Italiana per l'Agricoltra 
Biologica, by Ambientale.\18\ Effective July 1, 2008, gluten-free 
pasta is also excluded from the AD order.\19\ Effective January 1, 
2009, gluten-free pasta is also excluded from the scope of the CVD 
order.\20\ Effective July 1, 2012, ravioli and tortellini filled 
with cheese and/or vegetables are also excluded from the scope of 
the AD order. Effective January 1, 2012, ravioli and tortellini 
filled with cheese and/or vegetables are also excluded from the 
scope of the CVD order.
---------------------------------------------------------------------------

    \18\ See Memorandum from Yasmin Nair to Susan Kuhbach, entitled 
``Recognition of EU Organic Certifying Agents for Certifying Organic 
Pasta from Italy'' (October 10, 2012), which is on file in the 
Department's Central Records Unit (CRU) in Room 7046 of the main 
Department building.
    \19\ 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).
    \20\ See Pasta from Italy CVD CCR.

    The merchandise subject to these orders is currently classifiable 
under items 1901.90.9095 and 1902.19.20 of the HTSUS. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the merchandise subject to the description 
of the merchandise subject to the orders is dispositive.

Instructions to U.S. Customs and Border Protection

    As we stated in our Initiation and Preliminary Results, 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 dates of this notice of revocation, in part, and to release 
any cash deposit or bond, pursuant to 19 CFR 351.222(g)(4).

Notification

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the return/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 sanctionable violation.
    This notice is published in accordance with sections 751(b)(1) and 
777(i)(1) of the Act and 19 CFR 351.216(e), 351.221(b)(5), and 
351.222(g).

    Dated: September 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-23129 Filed 9-26-14; 8:45 am]
BILLING CODE 3510-DS-P