[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Notices]
[Pages 56992-56994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23352]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-819]


Certain Pasta From Italy: Notice of Initiation of Changed 
Circumstances Review and Consideration of Revocation of Order, in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On July 29, 2010, the Department of Commerce (``Department'') 
received a request from H.J. Heinz Company (``Heinz''), an importer of 
subject merchandise, for a changed circumstances review and a request 
to revoke, in part, the countervailing duty order on certain pasta from 
Italy with respect to gluten-free pasta. Based on sufficient evidence 
submitted by Heinz, and in accordance with sections 751(b)(1) and 
(d)(1) of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 
351.216, the Department has determined that changed circumstances 
sufficient to warrant a review exist. Interested parties are invited to 
submit comments, as provided below.

DATES: Effective Date: September 17, 2010.

FOR FURTHER INFORMATION CONTACT: Patricia Tran at (202) 482-1503 or 
Mahnaz Khan at (202) 482-0914; AD/CVD Operations, Office 1, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: On July 24, 1996, the Department published 
in the Federal Register the countervailing duty order on pasta from 
Italy. See Notice of Countervailing Duty Order and Amended Final 
Affirmative Countervailing Duty Determination: Certain Pasta From 
Italy, 61 FR 38543 (July 24, 1996). On July 29, 2010, the Department 
received a request on behalf of Heinz, an importer of subject 
merchandise, for a changed circumstances review to revoke, in part, the 
countervailing duty order on certain

[[Page 56993]]

pasta from Italy with respect to gluten-free pasta.

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 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, dated August 4, 2004, 
which is on file in the Department's Central Records Unit (``CRU'') in 
Room 1117 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 
shrink-wrapped 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 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 anti-circumvention inquiry. 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).

Initiation of Changed Circumstances Review, and Consideration of 
Revocation of Order, in Part

    Pursuant to section 751(b) of the Act, the Department will conduct 
a changed circumstances review upon receipt of a request from an 
interested party or receipt of information concerning an AD or CVD 
order which shows changed circumstances sufficient to warrant a review 
of the order. On July 29, 2010, Heinz cited in its request that 
subsequent administrative reviews of certain pasta from Italy indicate 
that the petitioners had focused on pasta made from durum wheat, 
semolina and wheat grain, rather than gluten-free pasta which is 
manufactured with corn, rice and other gluten free flour as its primary 
ingredients.\1\ Moreover, Heinz's request also states that the 
petitioners have previously indicated that they have no interest in 
including gluten-free pasta in the scope of the AD order because 
gluten-free pasta appeals to a niche consumer segment with limited 
commercial interest. Based on sufficient evidence provided by Heinz, 
and in accordance with sections 751(b)(1) and (d)(1) of the Act, and 19 
CFR 351.216, the Department has determined that changed circumstances 
sufficient to warrant a review exist. Therefore, the Department is 
initiating a changed circumstances review of certain pasta from Italy 
to determine whether partial revocation of the countervailing duty 
order is warranted with respect to gluten-free pasta. Section 782(h)(2) 
of the Act and 19 CFR 351.222(g)(1)(i) provide that the Department may 
revoke an order (in whole or in part) if it determines that producers 
accounting for substantially all of the production of the domestic like 
product have no further interest in the order, in whole or in part.
---------------------------------------------------------------------------

    \1\ The petitioners are New World Pasta Company, American 
Italian Pasta Company, and Dakota Growers Pasta Company. In 
addition, 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).
---------------------------------------------------------------------------

Public Comment

    Interested parties are invited to comment on the notice of 
initiation of changed circumstance review and consideration of 
revocation of order, in part. Written comments may be submitted no 
later than 14 days after the date of publication of this initiation. 
Rebuttals to written comments, limited to issues raised in such 
comments, may be filed no later than 20 days after the date of 
publication of this initiation. 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 the outcome of the

[[Page 56994]]

review. See 19 CFR 351.216(e) and 19 CFR 351.221.
    This initiation of review and notice are in accordance with 
sections 751(b) and 777(i) of the Act and 19 CFR 351.216, 351.221, and 
351.222.

    Dated: September 13, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-23352 Filed 9-16-10; 8:45 am]
BILLING CODE 3510-DS-P