[Federal Register Volume 74, Number 126 (Thursday, July 2, 2009)]
[Notices]
[Pages 31696-31698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15707]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Initiation and Preliminary Results of 
Changed Circumstances Review, and Intent To Revoke Order in Part

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

DATES: Effective Date: July 2, 2009.

SUMMARY: On May 26, 2009, the Department of Commerce (``Department'') 
received a request for a changed circumstances review and a request to 
revoke, in part, the antidumping duty order on certain pasta from Italy 
with respect to gluten-free pasta. The Department confirmed that

[[Page 31697]]

petitioners \1\ have no interest in antidumping duty relief from 
imports of gluten-free pasta. Therefore, we are notifying the public of 
our intent to revoke, in part, the antidumping 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.
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    \1\ New World Pasta Company, Dakota Growers Pasta Company, and 
American Italian Pasta Company.

FOR FURTHER INFORMATION CONTACT: Christopher Hargett, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington DC 
20230; telephone (202) 482-4161.

Background

    On July 24, 1996, the Department published in the Federal Register 
the antidumping duty order on pasta from Italy. 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).
    On February 3, 2009, the Department received a request on behalf of 
Pasta Lensi S.r.L. (``Lensi'') for a changed circumstances review to 
revoke, in part, the antidumping duty order on certain pasta from Italy 
with respect to gluten-free pasta. We did not receive comments from any 
other party.

Scope of the Order

    Imports covered by this 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 this 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 this order. See Memorandum from Audrey Twyman to Susan Kuhbach, 
dated February 28, 2006, ``Recognition of Instituto per la 
Certificazione Etica e Ambientale.''
    The merchandise subject to this order is currently classifiable 
under subheadings 1901.90.95 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.

Initiation and Preliminary Results of Changed Circumstances Review, and 
Intent To Revoke Order in Part

    At the request of Lensi, and in accordance with sections 751(b)(1) 
and (d)(1) of the Tariff Act of 1930, as amended (``Act''), and 19 CFR 
351.216, the Department is initiating a changed circumstances review of 
certain pasta from Italy to determine whether partial revocation of the 
antidumping 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. In addition, in the event the Department 
determines that expedited action is warranted, 19 CFR 351.221(c)(3)(ii) 
permits the Department to combine the notices of initiation and 
preliminary results.
    In accordance with section 751(b) of the Act, and 19 CFR 
351.222(g)(l)(i) and 351.221(c)(3), we are initiating this changed 
circumstances review and have determined that expedited action is 
warranted. Lensi stated in its May 26, 2009, request that petitioners 
support the request for changed circumstances review as filed. The 
certificate of service for Lensi's May 26, 2009, request indicates that 
the request was served on counsel for petitioners in the current review 
of this proceeding. On June 1, 2009, the Department spoke with counsel 
for petitioners who stated that they had knowledge of the request 
before it was filed, and supported the request.\2\ In accordance with 
section 751(b) of the Act and 19 CFR 351.222(g)(1)(i), and absent any 
evidence to the contrary, we find petitioners comprise substantially 
all of the production of the domestic like product. See Pasta Lensi May 
26, 2009, letter to the Department. Petitioners have expressed a lack 
of interest in the order, in part, with respect to gluten-free 
pasta.\3\ 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 
antidumping duty 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 antidumping duty order 
with respect to gluten-free pasta. Therefore, we intend to change the 
scope of the order on certain pasta from Italy to include the following 
exclusion: Excluded from the scope is gluten-free pasta.
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    \2\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.
    \3\ See id.
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Public Comment

    Interested parties are invited to comment on these preliminary 
results. Written comments may be submitted no later than 14 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 21 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 antidumping duties on all subject merchandise will continue 
unless and until it is modified pursuant to the final results of this 
changed circumstances review.
    This initiation and preliminary results 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.


[[Page 31698]]


    Dated: June 26, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-15707 Filed 7-1-09; 8:45 am]
BILLING CODE 3510-DS-P