[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Notices]
[Page 1173]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-354]
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DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
[A-475-818]
Certain Pasta from Italy: Final Results of Antidumping Duty
Changed Circumstances Review and Reinstatement of Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: January 12, 2009.
FOR FURTHER INFORMATION CONTACT: Eric B. Greynolds, AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, Room 4014, 14th Street and Constitution
Ave., NW., Washington, DC 20230, telephone: (202) 482-6071.
SUPPLEMENTARY INFORMATION:
Background
On November 19, 2007, the Department of Commerce (the Department)
published its notice of initiation of antidumping duty (AD) changed
circumstances review (CCR). See Certain Pasta from Italy: Notice of
Initiation of Antidumping Duty Changed Circumstances Review, 72 FR
65010 (November 19, 2007). On February 22, 2008, the Department
published its notice of preliminary results of AD CCR and intent to
reinstate the AD order. See Certain Pasta From Italy: Notice of
Preliminary Results of Antidumping Duty Changed Circumstances Review
and Intent To Reinstate the Antidumping Duty Order, 73 FR 9769
(February 22, 2008). On December 22, 2008, the Department extended the
due date of the final results of the AD CCR until January 2, 2009. See
Certain Pasta from Italy: Notice of Extension of Final Results of
Antidumping Duty Change Circumstances Review, 73 FR 80365 (December 31,
2008).
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 this scope is typically sold in the retail market, in
fiberboard or cardboard cartons, or polyethylene or polypropylene bags
of varying dimensions.
Excluded from the scope of the order are refrigerated, frozen, or
canned pastas, as well as all forms of egg pasta, with the exception of
non-egg dry pasta containing up to two percent egg white. Also excluded
are imports of organic pasta from Italy that are accompanied by the
appropriate certificate issued by the Instituto Mediterraneo Di
Certificazione, 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
the order.
The merchandise subject to the order is currently classifiable
under items 1902.19.20 and 1901.90.9095 of the Harmonized Tariff
Schedule of the United States (HTSUS). Although the HTSUS subheading is
provided for convenience and customs purposes, the written description
of the merchandise subject to the order is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this changed circumstances review are addressed in the Issues and
Decision Memorandum, which is hereby adopted by this notice. A list of
the issues which parties have raised, and to which we have responded in
the Issues and Decision Memorandum, is attached to this notice as an
Appendix. The Issues and Decision Memorandum is available in the
Central Records Unit, room 1117, of the main Commerce building. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper
copy and electronic version of the Issues and Decision Memorandum are
identical in content.
Final Results of Changed Circumstances Review
We determine that Pasta Lensi S.r.l. (Lensi) made sales at less
than normal value (NV) during the 2002-2003 period of review (POR), and
that, consequently, Lensi no longer qualifies for revocation based upon
three consecutive reviews resulting in de minimis margins, and that the
order should be reinstated on certain pasta from Italy related to
subject merchandise produced and exported by Lensi. For the reasons
stated in the Preliminary Results and in the Issues and Decision
Memorandum we continue to determine to base Lensi's margin of dumping
in the seventh review and its cash deposit rate on adverse facts
available (AFA). The Department continues to select as AFA the weighted
average margin of 45.59 percent ad valorem. We will instruct U.S.
Customs and Border Protection to continue to suspend liquidation of all
entries of subject merchandise produced and exported by Lensi entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register and to require a
cash deposit of 45.59 percent. This deposit requirement shall remain in
effect until further notice.
This notice is in accordance with sections 751(b)(1) and 777(i) of
the Tariff Act of 1930, as amended, and 19 CFR 351.216 and 351.222.
Dated: January 2, 2009.
David M. Spooner,
Assistant Secretary for Import Administration.
APPENDIX
Comment 1: Whether Lensi's Disclosure Of A Certain Data Discrepancy
Should Be Considered As A Mitigating Factor When Assigning The Cash
Deposit Rate At Which Lensi Should Be Reinstated
Comment 2: Whether The Adverse Facts Available Cash Deposit Rate
Applied to Lensi Was In Accordance With The Department's Practice And
The Law
Comment 3: The Cash Deposit Rate At Which Lensi Should Be Reinstated
Into the Antidumping Duty Order
Comment 4: Whether The Department's Application Of An Adverse Facts
Available Rate Represents A Poor Policy Choice
[FR Doc. E9-354 Filed 1-9-09; 8:45 am]
BILLING CODE 3510-DS-S