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 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 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. 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 Order. Note 1. Pursuant to the Department's August 14, 2009, changed circumstances review, effective July 1, 2008, gluten free pasta is also excluded from the scope of the Order. Note 2. Effective January 1, 2012, ravioli and tortellini filled with cheese and/or vegetables are also excluded from the scope of the Order. Note 3.
Also excluded are imports of organic pasta from Italy that are certified by an EU authorized body in accordance with the United States Department of Agriculture's National Organic Program for organic products. The organic pasta certification must be retained by exporters and importers and made available to U.S. Customs and Border Protection or the Department of Commerce upon request.
The merchandise subject to this order 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.
Note 1. See Memorandum to Richard Moreland, dated August 25, 1997, which is on file in the Central Records Unit.
Note 2. 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).
Note 3. See Certain Pasta From Italy: Final Results of Antidumping Duty and Countervailing Duty Changed Circumstances Reviews and Revocation, in Part, 79 FR 58319, 58320 (September 29, 2014).
Scope Rulings Made Between July 1, 2013, and September 30, 2013
Requestor: Valdigrano di Flavio Pagani S.r.L (Valdigrano); Valdigrano's product made from dough that contains 2.5 percent egg white, by weight, is within the scope of the antidumping and countervailing duty orders because Valigrano's product contains less than two percent egg white content; July 18, 2013.
Scope Rulings Made Between January 1, 2013, and March 31, 2013
Requestor: Valdigrano di Flavio Pagani S.r.L. (``Valdigrano''); Valdigrano's pasta product which contains less than two percent egg white is within the scope of the antidumping and countervailing duty orders; preliminary ruling March 25, 2013.
Scope Rulings Completed Between April 1, 2003, and December 31, 2004
Requestor: Self-initiated by the Department of Commerce; certain pasta produced in Italy by Pastificio Fratelli Pagani S.p.A. (Pagani) and exported to the United States in packages of greater than five pounds, subsequently repackaged in the United States into packages of five pounds or less, constitutes circumvention of the antidumping and countervailing duty orders; September 19, 2003.
Scope Rulings Made Between July 1, 2013, and September 30, 2013
Requestor: Valdigrano di Flavio Pagani S.r.L (Valdigrano); Valdigrano's product made from dough that contains 2.5 percent egg white, by weight, is within the scope of the antidumping and countervailing duty orders because Valigrano's product contains less than two percent egg white content; July 18, 2013.
Scope Rulings Completed Between October 1, 1998 and March 31, 2000
self-initiated by the Department; pasta in packages weighing (or labeled as weighing) up to and including five pounds, four ounces is within the scope; May 24, 1999.
Anticircumvention Determinations Completed Between October 1, 1998 and March 31, 2000
Certain Pasta; imports of bulk (i.e., greater than five pounds) pasta by Barilla, S.r.L., which are subsequently repackaged into packages of five pounds or less, are circumventing the order; October 13, 1998.
Scope Rulings Completed Between July 1, 1998 and September 30, 1998
Joseph A. Sidari Company, Inc.--a shrink wrapped package containing six one-pound packages, each of which would first be individually packaged in a cellophane wrapper (cello) with ``Not Labeled for Retail Sale'' written across the entire length of each of the individual packages on both sides, is within the scope of the antidumping and countervailing duty orders. 7/30/98
SCOPE RULINGS COMPLETED BETWEEN OCTOBER 1, 1997 and DECEMBER 31, 1997
Shonfeld's (U.S.A.) Inc.--Multicolored pasta in decorative glass containers, which are sealed with cork or paraffin and bound with raffia, is outside the scope of the order. 8/25/97. |