[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Notices]
[Pages 10464-10466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4856]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta from Italy: Notice of Partial Rescission of
Antidumping Duty Administrative Review and Extension of Time Limit for
the Preliminary Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 8, 2010.
FOR FURTHER INFORMATION CONTACT: Victoria Cho or Jolanta Lawska, AD/
[[Page 10465]]
CVD Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
5075 or (202) 482-8362, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2009, the Department of Commerce (``the Department'')
published a notice of opportunity to request an administrative review
of the antidumping duty order on certain pasta from Italy. See
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review, 74 FR
31406 (July 1, 2009). Pursuant to requests from interested parties, the
Department published in the Federal Register the notice of initiation
of this antidumping duty administrative review with respect to the
following companies for the period July 1, 2008, through June 30, 2009:
Domenico Paone fu Erasmo, S.p.A. (``Erasmo''), Fasolino Foods Company,
Inc. and its affiliate Euro-American Foods Group, Inc. (``Fasolino/
Euro-American Foods''), Pastaficio Lucio Garofalo S.p.A.
(``Garofalo''), Pastaficio Attilio Mastromauro Pasta Granoro S.r.L.
(``Granoro''), Industria Alimentare Colavita, S.p.A. (``Indalco''),
Pasta Lensi S.r.L. (``Lensi''), and PAM S.p.A. (``PAM''). See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part, 74 FR 42873 (August 25,
2009) (``Initiation Notice'').
On September 8, 2009, the Department announced its intention to
select mandatory respondents based on U.S. Customs and Border
Protection (``CBP'') Data. See Memorandum from George McMahon to
Melissa Skinner entitled ``Customs and Border Protection Data for
Selection of Respondents for Individual Review,'' dated September 8,
2009. On September 11, 2009, the petitioners\1\ withdrew their request
for review with respect to Erasmo, Garofalo, Indalco, and PAM. As a
result of the petitioner's request to withdraw the aforementioned
companies, the Department issued a memorandum on October 21, 2009,
which indicated that respondent selection was no longer necessary in
the instant review because it was practicable for the Department to
review the remaining companies, Lensi, Granoro, Garofalo and Fasolino/
Euro-American Foods. On October 30, 2009, Lensi withdrew its request
for a review.\2\ On February 22, 2010, the petitioners withdrew their
request for review with respect to Fasolino/Euro-American Foods.
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\1\ The petitioners include the New World Pasta Company,
American Italian Pasta Company, and Dakota Growers Pasta Company.
\2\ Petitioners did not request a review on Lensi.
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As explained in the memorandum from the Deputy Assistant Secretary
for Import Administration, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from February 5, through February 12, 2010. Thus, all
deadlines in this segment of the proceeding have been extended by seven
days. The revised deadline for the preliminary results of this review
is now April 9, 2010. See Memorandum to the Record from Ronald
Lorentzen, DAS for Import Administration, regarding ``Tolling of
Administrative Deadlines As a Result of the Government Closure During
the Recent Snowstorm,'' dated February 12, 2010.
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 QC&I International Services, by Ecocert Italia, by
Consorzio per il Controllo dei Prodotti Biologici, by Associazione
Italiana per l'Agricoltura Biologica, by Codex S.r.L., by Bioagricert
S.r.L., or by Instituto per la Certificazione Etica e Ambientale.
Effective July 1, 2008, gluten free pasta is also excluded from this
order. 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). The merchandise subject to this order is
currently classifiable under items 1902.19.20 and 1901.90.9095 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.
Extension of Time Limit of Preliminary Results
The preliminary results of this review are currently due no later
than April 9, 2010. Section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (``the Act''), requires the Department to make a preliminary
determination in an administrative review within 245 days after the
last day of the anniversary month of an order or finding for which a
review is requested. Consistent with section 751(a)(3)(A) of the Act,
the Department may extend the 245-day period to 365 days if it is not
practicable to complete the review within a 245-day period.
We determine that completion of the preliminary results of this
review within the 245-day period is not practicable. Specifically, we
need additional time to thoroughly consider the responses to the
questionnaires that the Department has issued to Garofalo and Granoro.
Therefore, we are extending the time period for issuing the
preliminary results of review by 120 days, in accordance with section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2). Therefore, the
preliminary results are now due no later than August 7, 2010. However,
because August 7, 2010, falls on a Saturday, the due date for the
preliminary results falls on the next business day, i.e., August 9,
2010. The final results continue to be due 120 days after publication
of the preliminary results.
Partial Rescission of the 2008-2009 Administrative Review
If a party that requested a review withdraws the request within 90
days of the date of publication of notice of initiation of the
requested review, the Secretary will rescind the review pursuant to 19
CFR 351.213(d)(1). In this case, the petitioners withdrew their request
with respect to Erasmo, Garofalo, Indalco, and PAM within 90 days of
initiation of this review. Garofalo self-requested a review, while the
petitioners were the only party which requested a review of Erasmo,
Indalco, and PAM. Therefore, in accordance with 19 CFR 351.213(d)(1),
and consistent with our practice, we are rescinding this review of the
antidumping duty order on certain pasta from Italy, in part, with
respect to Erasmo, Lensi, Indalco, and PAM.
On February 22, 2010, the petitioners withdrew their request with
respect to Fasolino/Euro-American Foods. Although the 90-day deadline
to
[[Page 10466]]
withdraw a review request in the instant review was November 23, 2009,
pursuant to 19 CFR 351.213(d)(1), the Secretary may extend the 90-day
time limit if it is reasonable to do so. We determine it is reasonable
to do so in this case because we have not expended significant
resources conducting this review with respect to Fasolino/Euro-American
Foods, having only issued to and received from interested parties
several letters. Therefore, in accordance with 19 CFR 351.213(d)(1),
and consistent with our practice, we are also rescinding this review,
in part, with respect to Fasolino/Euro-American Foods. This
administrative review will continue with respect to Garofalo and
Granoro. See, e.g., Carbon Steel Butt-Weld Pipe Fittings from Thailand:
Notice of Rescission of Antidumping Duty Administrative Review, 74 FR
7218 (February 13, 2009).
Assessment
The Department will instruct CBP to assess antidumping duties on
all appropriate entries. For the companies for which this review is
rescinded, antidumping duties shall be assessed at rates equal to the
cash deposit of estimated antidumping duties required at the time of
entry, or withdrawal from warehouse, for consumption, during the period
July 1, 2008, through June 30, 2009, in accordance with 19 CFR
351.212(c)(1)(i).
The Department intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of this notice.
Notification to Importers
This notice serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing
duties occurred and the subsequent assessment of doubled antidumping
duties.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to
administrative protective orders (``APOs'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an
APO is a violation which is subject to sanction.
This notice is issued and published in accordance with sections
751(a)(1), 751(a)(3)(A) , and 777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Dated: February 26, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-4856 Filed 3-5-10; 8:45 am]
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