Italy Pasta: ITA Removes Gluten-Free Pasta from CV Order
The International Trade Administration has issued the final results of its countervailing duty changed circumstances review of certain pasta from Italy (C-475-819) and is revoking the order, in part, with regard to gluten-free pasta. Gluten-free pasta was removed from the scope of the companion AD order in 2009.
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ITA Finds No Domestic Interest in Gluten-Free Pasta Imports
The ITA has confirmed that the petitioners in this review, New World Pasta Company, Dakota Growers Pasta Company, and American Italian Pasta Company, have no interest in CV duty relief from imports of gluten-free pasta, and that they represent “substantially all” (at least 85%) of the production of the domestic like product.
The ITA received comments filed by domestic interested party, Maplegrove Gluten Free Goods Inc., in opposition to the partial revocation; however, Maplegrove was unable to demonstrate that the petitioners did not represent at least 85% of total production of the domestic like product. Therefore, the ITA has determined that the domestic producers of the like product have no interest in the continued application of the CV duty order on certain pasta from Italy to the merchandise that is subject to this request.
Gluten-Free Pasta Excluded from Scope of CV Order
The ITA has amended the scope of the CV duty order on certain pasta from Italy to include the following exclusion: "Excluded from the scope is gluten-free pasta."
Liquidation Retroactive to Jan 1, 2009, Previous CV Duties Collected to be Refunded
Pursuant to a request by H.J. Heinz Company, the review requestor, the ITA is retroactively revoking the CV duty order for gluten-free pasta to January 1, 2009, the date following the last day of the most recently completed administrative review. Therefore, the ITA will instruct U.S. Customs and Border Protection to liquidate without regard to CV duties all unliquidated entries of gluten-free pasta with a time of entry on or after January 1, 2009.
The ITA will also instruct CBP to refund with interest any estimated CV duties collected with respect to unliquidated entries of gluten-free pasta with a time of entry on or after January 1, 2009.
The CV duty rates from the most recent administrative review of pasta from Italy ranged from 0.44% (de minimis) to 3.85% (the all-others rate). (See ITT's Online Archives or 07/01/10 news, 10070130, for BP summary of the most recent final results of administrative review.)
(In August 2009, the ITA made a final determination that there was no domestic interest in the antidumping (AD)duty order on certain pasta from Italy with respect to gluten-free pasta, and amended its scope to exclude gluten-free pasta. See ITT’s Online Archives or 08/14/09 news, 09081455, for BP summary.)
(See ITA notice for more information, including the complete scope of the order, etc.
See ITT's Online Archives or 12/15/10 news, 10121515, for BP summary of the preliminary results of this changed circumstances review.)
ITA contact -- Mahnaz Khan (202) 482-0914
(FR Pub 05/12/11, ITA Case No. C-475-819)