[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Notices]
[Pages 23973-23974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10426]
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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
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 29, 2011.
FOR FURTHER INFORMATION CONTACT: Joy Zhang or George McMahon AD/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-
1168 or (202) 482-1167, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2010, 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.\1\ 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, 2009, through June 30, 2010: Agritalia S.r.L.
(``Agritalia''), Domenico Paone fu Erasmo S.p.A. (``Erasmo''),
Industria Alimentare Colavita, S.p.A. (``Indalco''), Labor S.r.L.
(``Labor''), Molino e Pastificio Tomasello, S.p.A. (``Tomasello''),
PAM. S.p.A. and its affiliate, Liguori Pastificio dal 1820 SpA
(``PAM''), P.A.P. SNC Di Pazienza G.B. & C. (``P.A.P.''), Premiato
Pastificio Afeltra S.r.L. (``Afeltra''), Pasta Zara SpA (``Zara''),
Pastificio Di Martino Gaetano & F.lli SpA (``Di Martino''), Pastificio
Fabianelli S.p.A. (``Fabianelli''), Pastificio Felicetti SrL
(``Felicetti''), Pastificio Lucio Garofalo S.p.A. (``Garofalo''),
Pastificio Riscossa F.lli
[[Page 23974]]
Mastromauro S.p.A. (``Riscossa''), Rummo S.p.A. Molino e Pastificio
(``Rummo''), and Rustichella d'Abruzzo S.p.A (``Rustichella'').\2\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 75 FR 38074 (July 1, 2010).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Deferral of Initiation of Administrative
Review, 75 FR 53274, (August 31, 2010) (``Initiation Notice'').
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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.
Partial Rescission of the 2009-2010 Administrative Review
On September 13, 2010, the Department announced its intention to
select mandatory respondents based on U.S. Customs and Border
Protection (``CBP'') data.\3\ On October 10, 2010, the Department
selected Garofalo and Tomasello as mandatory respondents.\4\ On
November 12, 2010, counsel for Afeltra, Agritalia, Di Martino,
Felicetti, Labor, PAM, Erasmo, P.A.P., Riscossa, Rustichella, and Zara
(collectively ``certain non-mandatory respondents'') requested that the
Department extend the deadline to withdraw from the instant review for
45 days. On November 24, 2010, the Department declined to modify the
90-day deadline for parties to withdraw their requests for review. See
the Department's letter to counsel for the certain non-mandatory
respondents, dated November 24, 2010. On November 29, 2010, Di Martino,
Felicetti, and Zara withdrew their requests for a review.
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\3\ See Memorandum from Christopher Hargett to Melissa Skinner
titled ``Customs and Border Protection Data for Selection of
Respondents for Individual Review,'' dated September 13, 2010.
\4\ See Memorandum from Christopher Hargett to Melissa Skinner
titled ``Selection of Respondents for Individual Review,'' dated
October 10, 2010.
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Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation of the requested review. The
instant review was initiated on August 31, 2010. See Initiation Notice.
Di Martino, Felicetti, and Zara's withdrawal of their requests for a
review falls within the 90-day deadline. No other party requested an
administrative review of these particular companies. 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 Di Martino, Felicetti, and
Zara.\5\ The instant review will continue with respect to Agritalia,
Erasmo, Indalco, Labor, Tomasello, PAM, P.A.P., Afeltra, Fabianelli,
Garofalo, Riscossa, Rummo, and Rustichella.
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\5\ See e.g., Certain Lined Paper Products From India: Notice of
Partial Rescission of Antidumping Duty Administrative Review and
Extension of Time Limit for the Preliminary Results of Antidumping
Duty Administrative Review, 74 FR 21781 (May 11, 2009); see also
Carbon Steel Butt-Weld Pipe Fittings from Thailand: Rescission of
Antidumping Duty Administrative Review, 74 FR 7218 (February 13,
2009).
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Assessment
The Department will instruct CBP to assess antidumping duties on
all appropriate entries. For the companies for which this review is
rescinded, Di Martino, Felicetti, and Zara, 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, 2009, through June 30, 2010, 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 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 duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification Regarding Administrative Protective Order
This notice serves as a final reminder to parties subject to
administrative protective orders (``APOs'') of their responsibility
concerning the disposition of proprietary information disclosed under
an APO in accordance with 19 CFR 351.305(a)(3), 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) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: April 25, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-10426 Filed 4-28-11; 8:45 am]
BILLING CODE 3510-DS-P