[Federal Register Volume 74, Number 156 (Friday, August 14, 2009)]
[Notices]
[Pages 41120-41121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19562]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-475-818
Certain Pasta From Italy: Notice of Final Results of Antidumping
Duty Changed Circumstances Review and Revocation, in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 2, 2009, the Department of Commerce (``the
Department'') published a notice of initiation and preliminary results
of a changed circumstances review and intent to revoke, in part, the
antidumping duty order of certain pasta from Italy.\1\ The Department
gave
[[Page 41121]]
interested parties an opportunity to comment on the preliminary results
and notice of intent to revoke, but received no comments. Therefore,
the final results do not differ from the preliminary results of review
and we are revoking the order, in part, with respect to gluten-free
pasta.
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\1\ See Certain Pasta from Italy: Initiation and Preliminary
Results of Antidumping Duty Changed Circumstances Review, and Intent
to Revoke Order in Part, 74 FR 31696 (July 2, 2009) (``Preliminary
Results'').
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EFFECTIVE DATE: July 1, 2008.
FOR FURTHER INFORMATION CONTACT: Christopher Hargett, AD/CVD
Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230; telephone: (202) 482-4161.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, the Department published in the Federal Register
an antidumping duty order on certain pasta from Italy.\2\ On May 22,
2009, Pasta Lensi S.r.L. (``Pasta Lensi'') requested that the
Department initiate a changed circumstances review and revoke, in part,
the antidumping duty order on certain pasta from Italy with respect to
gluten-free pasta based on a lack of interest in maintaining the order
by petitioners. See May 22, 2009, letter from Pasta Lensi to the
Secretary of Commerce. On June 1, 2009, petitioners expressed a lack of
interest in maintaining the order with respect to gluten-free pasta.\3\
On July 2, 2009, the Department published a notice of initiation and
preliminary results and intent to revoke, in part, a changed
circumstances review of the antidumping order.\4\ We received no
comments.
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\2\ 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).
\3\ 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.
\4\ See Preliminary Results, 74 FR 31696 (July 2, 2009).
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Scope of Review
Imports covered by this review are shipments of certain non-egg dry
pasta in packages of five pounds (2.27 kilograms) or less, whether or
not enriched or fortified or containing milk or other optional
ingredients such as chopped vegetables, vegetable purees, milk, gluten,
diastases, 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 review 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.
As a result of this review, also excluded from the scope of this
order is gluten-free pasta.
The merchandise subject to review is currently classifiable under
item 1902.19.20 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.
Final Results of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(``the Act''), and 19 CFR 351.216, the Department will conduct a
changed circumstances review upon receipt of information concerning, or
a request from an interested party for review of, an antidumping duty
order which shows changed circumstances sufficient to warrant a review
of the order. In its May 22, 2009, submission Pasta Lensi stated that
petitioners have no interest in the antidumping duty order with respect
to gluten-free pasta. Further, the petitioners expressed a lack of
interest in maintain the antidumping duty order with respect to gluten-
free pasta.\5\ No party submitted any evidence to the contrary.
Therefore, In accordance with 19 CFR 351.221(c)(3)(i), we determine
that the petitioners have no interest in the antidumping duty order
with respect to gluten-free pasta.
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\5\ See memorandum from Christopher Hargett, Case Analyst, to
Melissa Skinner, Office Director, entitled ``Phone Conversation with
Counsel for Petitioners,'' dated June 2, 2009.
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Pasta Lensi requested that the Department retroactively revoke the
order and cited to Wooden Bedroom Furniture for support.\6\ Consistent
with Department practice, we have determined to revoke the order, in
part, retroactive to July 1, 2008, (the date following the last day of
the most recently completed administrative review) for unliquidated
entries in light of Pasta Lensi's request and the fact that entries
after this date are not subject to a final determination by the
Department. Accordingly, the Department will revoke, in part, the
antidumping duty order on certain pasta from Italy with respect to
gluten-free pasta, effective July 1, 2008.
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\6\ See 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)(``Wooden Bedroom Furniture'').
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We will instruct U.S. Customs and Border Protection (``CBP'') to
liquidate without regard to antidumping duties all unliquidated entries
of gluten-free pasta, not currently subject to an administrative review
of certain pasta from Italy, entered, or withdrawn from warehouse, for
consumption on or after July 1, 2008. The Department will further
instruct CBP to refund with interest any estimated antidumping duties
collected with respect to unliquidated entries of gluten-free pasta
entered, or withdrawn from warehouse for consumption on or after the
publication date of the final results of this changed circumstances
review, in accordance with section 778 of the Act and 19 CFR
351.222(g)(4).
This changed circumstances administrative review, partial
revocation of the antidumping duty order and notice are in accordance
with sections 751(b) and (d), 777(i), and 782(h) of the Act and section
351.216(e) and 351.222(g) of the Department's regulations.
Dated: August 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-19562 Filed 8-13-09; 8:45 am]
BILLING CODE 3510-DS-S