Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Notices 78223 

1On July 2, 2009, the Department published a 

notice of initiation and preliminary results of a 

changed circumstances review and intent to revoke, 

in part, the AD order of certain pasta from Italy, in 

part, with respect to gluten-free pasta. The 

Department gave interested parties an opportunity 

to comment on the preliminary results and notice 

of intent to revoke, but received no comments. The 

Department issued their final results on August 14, 

2009 and revoked the AD order, in part, with 

respect to gluten-free pasta. 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). 

will be the rate established for the most 

recent period for the manufacturer of 

the subject merchandise; (4) if neither 

the exporter nor the manufacturer is a 

firm covered in this or any previous 

segment of the proceeding, the cashdeposit rate will continue to be the allothers rate established in the LTFV 

investigation which is 32.62 percent. 

See Antidumping Duty Order. These 

cash-deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Notification to Importers 

This notice serves as a preliminary 

reminder to importers of their 

responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this 

review period. Failure to comply with 

this requirement could result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

The preliminary results of 

administrative review and this notice 

are issued and published in accordance 

with sections 751(a)(1) and 777(i)(1) of 

the Act. 

Dated: December 7, 2010. 

Paul Piquado, 

Acting Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–31517 Filed 12–14–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–475–819] 

Certain Pasta From Italy: Preliminary 

Results of Countervailing Duty 

Changed Circumstances Review and 

Intent To Revoke, In Part 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On September 17, 2010, the 

Department of Commerce (‘‘the 

Department’’) published a notice of 

initiation of a changed circumstances 

review and consideration of revocation, 

in part, of the countervailing duty order 

on certain pasta from Italy. See Certain 

Pasta From Italy: Notice of Initiation of 

Changed Circumstances Review and 

Consideration of Revocation of Order, in 

Part, 75 FR 56992 (September 17, 2010) 

(‘‘Initiation Notice’’). The Department 

confirmed that New World Pasta 

Company, Dakota Growers Pasta 

Company, and American Italian Pasta 

Company (collectively ‘‘Petitioners’’) 

have no interest in countervailing duty 

relief from imports of gluten-free pasta. 

Therefore, we are notifying the public of 

our intent to revoke, in part, the 

countervailing duty order as it relates to 

imports of gluten-free pasta, as 

described below. The Department 

invites interested parties to comment on 

these preliminary results.1

DATES: Effective Date: December 15, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Tran or Austin Redington, AD/ 

CVD Operations, Office 1, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone (202) 482–1503 and (202) 

482–1664, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 24, 1996, the Department 

published in the Federal Register the 

countervailing duty (‘‘CVD’’) order on 

certain pasta from Italy. See Notice of 

Countervailing Duty Order and 

Amended Final Affirmative 

Countervailing Duty Determination: 

Certain Pasta From Italy, 61 FR 38544 

(July 24, 1996). On July 29, 2010, the 

Department received a request on behalf 

of H.J. Heinz Company (‘‘Heinz’’) to 

initiate a no-interest changed 

circumstance review and revocation, in 

part, of the CVD order on certain pasta 

from Italy with respect to gluten-free 

pasta. On September 17, 2010, the 

Department published a notice of 

initiation of changed circumstances 

review and consideration of revocation 

of order, in part, with respect to the 

CVD order on certain pasta from Italy 

and invited interested parties to 

comment. See Initiation Notice. 

On September 27, 2010, Petitioners 

expressed a lack of interest in 

maintaining the order with respect to 

gluten-free pasta. See Memorandum to 

the File from Austin Redington, 

International Trade Compliance 

Analyst, AD/CVD Operations Office 1, 

entitled ‘‘Changed Circumstance Review 

of Certain Pasta from Italy: Statement of 

No Opposition from Domestic Industry,’’ 

dated October 13, 2010 (‘‘No Opposition 

Memo’’). On October 12, 2010, Heinz 

submitted comments, restating its 

request that the Department revoke the 

CVD order, in part, with respect to 

gluten-free pasta. On November 30, 

2010, Petitioners confirmed that they 

represent ‘‘substantially all’’ of the 

production of the domestic like product. 

See Memorandum to the File from 

Patricia Tran, Acting Program Manager, 

entitled ‘‘Ex Parte Memorandum: Phone 

Conversation with Counsel for 

Petitioners,’’ dated November 30, 2010 

(‘‘Substantially All Memo’’). 

We received no comments to counter 

Heinz’s request. Although we stated in 

the Initiation Notice that we would 

issue final results within 45 days if all 

parties agreed to the outcome, we have 

instead determined to publish these 

preliminary results of changed 

circumstances review and intent to 

revoke the order, in part, so that our 

intention to revoke is clear to parties 

and our determination may be 

commented upon, as set forth below. 

See 19 CFR 351.222(g)(3)(v). 

Scope of 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, 


hsrobinson on DSK69SOYB1PROD with NOTICES
78224 Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Notices 

dated August 4, 2004, which is on file 

in the Department’s Central Records 

Unit (‘‘CRU’’) in Room 7046 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 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 

Tariff Act of 1930, as amended (‘‘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). 

Preliminary Results of Changed 

Circumstance Review and Intent To 

Revoke, In Part 

Pursuant to section 751(b)(1) of 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 AD or CVD order which shows 

changed circumstances sufficient to 

warrant a review of the order. 

Additionally, pursuant to 19 CFR 

351.222(g)(1)(i), the Department will 

revoke an order in whole or in part, if 

the Secretary concludes that 

‘‘{p}roducers accounting for 

substantially all of the production of the 

domestic like product to which the 

order (or part of the order to be revoked) 

* * * have expressed a lack of interest 

in the order, in whole or in part.’’ In its 

administrative practice, the Department 

has interpreted ‘‘substantially all’’ to 

mean at least 85 percent. See, e.g., 

Natural Bristle Paint Brushes and Brush 

Heads From the People’s Republic of 

China: Notice of Initiation and 

Preliminary Results of Changed 

Circumstance Review, and Intent To 

Revoke the Order, 75 FR 34097, 34098 

(June 16, 2010). 

In accordance with section 751(b)(1) 

of the Act and 19 CFR 351.222(g)(1)(i), 

Petitioners have expressed a lack of 

interest in the order, in part, with 

respect to gluten-free pasta and further 

confirmed with the Department that 

they comprise substantially all of the 

production of the domestic like product. 

See No Opposition Memo; see also 

Substantially All Memo. Based on the 

expression of no interest by Petitioners, 

and absent any objection by any other 

interested parties, we have preliminarily 

determined that the domestic producers 

of the like product have no interest in 

the continued application of the CVD 

order on certain pasta from Italy to the 

merchandise that is subject to this 

request. Accordingly, we are notifying 

the public of our intent to revoke, in 

part, the CVD order with respect to 

gluten-free pasta. Therefore, we intend 

to change the scope of the CVD order on 

certain pasta from Italy to include the 

following exclusion: Excluded from the 

scope is gluten-free pasta. 

Public Comment 

Interested parties are invited to 

comment on these preliminary results. 

Written comments may be submitted no 

later than 10 days after the date of 

publication of these preliminary results. 

Rebuttals to written comments, limited 

to issues raised in such comments, may 

be filed no later than 17 days after the 

date of publication of these preliminary 

results. 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 our preliminary results. See 19 

CFR 351.216(e). 

If final revocation occurs, 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 date 

of the notice of revocation and to release 

any cash deposit or bond. See 19 CFR 

351.222(g)(4). The current requirement 

for a cash deposit of estimated 

countervailing duties on all subject 

merchandise will continue unless and 

until it is modified pursuant to the final 

results of this changed circumstances 

review. 

These preliminary results of changed 

circumstance review and notice are in 

accordance with sections 751(b)(1) and 

777(i) of the Act and 19 CFR 351.216, 

351.221, and 351.222. 

Dated: December 8, 2010. 

Paul Piquado, 

Acting Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–31494 Filed 12–14–10; 8:45 am] 

BILLING CODE 3510–DS–P 


hsrobinson on DSK69SOYB1PROD with NOTICES