Certain Pasta From Italy: Final Results of Antidumping Duty and Countervailing Duty Changed Circumstances Reviews and Revocation, in Part, 58319-58320 [2014-23129]
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Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Notices
AGENCY:
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.
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
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
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
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).
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).
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).
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
tkelley on DSK3SPTVN1PROD with NOTICES
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).
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:
VerDate Sep<11>2014
16:44 Sep 26, 2014
Jkt 232001
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
58319
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
(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
(3) On October 26, 1998, the Department selfinitiated 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
(4) On April 27, 2000, the Department selfinitiated 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
(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
6 See Memorandum from Edward Easton to
Richard Moreland, dated August 25, 1997, which is
on file in the CRU.
7 See Letter from Susan H. Kuhbach to Barbara P.
Sidari, dated July 30, 1998, which is on file in the
CRU.
8 See Memorandum from John Brinkman to
Richard Moreland, dated May 24, 1999, which is on
file in the CRU.
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).
11 See Memorandum from Joseph Shuler to
Christian Marsh, dated July 18, 2013, which is on
file in the CRU.
E:\FR\FM\29SEN1.SGM
29SEN1
58320
Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Notices
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
12 See
Initiation and Preliminary Results.
tkelley on DSK3SPTVN1PROD with NOTICES
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.
VerDate Sep<11>2014
16:44 Sep 26, 2014
Jkt 232001
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:
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.
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.
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).
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.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
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
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–015]
Countervailing Duty Investigation of
53-Foot Domestic Dry Containers From
the People’s Republic of China:
Preliminary Determination and
Alignment of Final Determination With
Final Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of 53-foot
domestic dry containers (‘‘domestic dry
containers’’) from the People’s Republic
of China (the ‘‘PRC’’). We invite
interested parties to comment on this
preliminary determination.
DATES: Effective Date: September 29,
2014.
FOR FURTHER INFORMATION CONTACT:
Yasmin Nair, David Cordell or Ilissa
AGENCY:
E:\FR\FM\29SEN1.SGM
29SEN1
Agencies
[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]]
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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]]
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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