[Federal Register Volume 68, Number 234 (Friday, December 5, 2003)]
[Notices]
[Pages 68034-68035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30262]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-819]


Certain Pasta from Italy: Notice of Rescission of Countervailing 
Duty New Shipper Review

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

ACTION: Notice of Rescission of Countervailing Duty New Shipper Review.

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SUMMARY: On March 5, 2003, the Department of Commerce published in the 
Federal Register (68 FR 10446) a notice announcing the initiation of a 
new shipper review of the countervailing duty order on certain pasta 
from Italy, covering the time period January 1, 2002 through December 
31, 2002. On March 24, 2003, the Department published a corrected 
notice of initiation in the Federal Register (68 FR 14198). We are now 
rescinding this new shipper review.

EFFECTIVE DATE: December 5, 2003.

FOR FURTHER INFORMATION CONTACT: Daniel J. Alexy or John Brinkmann, AD/
CVD Enforcement, Group I, Office 1, Import Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone (202) 482-1540 or 482-4126, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 17, 2002, the Department of Commerce (the 
``Department'') received a request from Pastificio Carmine Russo S.p.A. 
(``Pastificio Russo''), made pursuant to section 751(a)(2)(B) of the 
Tariff Act of 1930, as amended (the ``Act'') and 19 CFR 
Sec. 351.214(b), to conduct a new shipper review of the countervailing 
duty order on certain pasta from Italy, which was issued on July 24, 
1996 (61 FR 38544). On February 24, 2003, the Department received 
submissions from Pastificio Russo containing additional information.
    In accordance with section 751(a)(2)(B) of the Act and 19 CFR 
Sec. 351.214, on February 27, 2003, the Department initiated a 
countervailing duty new shipper review for certain pasta from Italy, 
covering calendar year 2002. See Certain Pasta from Italy: Notice of 
Initiation of Countervailing Duty New Shipper Review, 68 FR 10446 
(March 5, 2003). Corrections to the initiation notice were published in 
the Federal Register on March 24, 2003 (See 68 FR 14198). On August 29, 
2003, the Department extended the time limit for the publication of the 
preliminary results in the new shipper review. See Certain Pasta From 
Italy: Notice of Extension of Time Limit for Countervailing Duty New 
Shipper Review, 68 FR 51965 (August 29, 2003).
    On August 22, 2003, the Department, after receiving a timely 
request from Pastificio Russo pursuant to 19 CFR Sec. 351.213(b)(2), 
initiated an administrative review covering calendar year 2002 for that 
company. See Notice of Initiation of Antidumping and Countervailing 
Duty Administrative Reviews and Requests for Revocation in Part, 68 FR 
50750 (August 22, 2003). Accordingly, parallel reviews covering the 
same period of review were initiated

[[Page 68035]]

under 19 CFR Sec. 351.214 (new shipper review) and 19 CFR Sec. 351.213 
(administrative review).

Rescission of New Shipper Review

    Section 351.214(j)(1) of the Department's regulations authorizes 
the Department to rescind a new shipper review where: (1) the producer 
or exporter's merchandise is also being covered by an administrative 
review under section 351.213, and; (2) the Department consults with the 
exporter or producer.
    As noted, concurrent reviews of Pasificio Russo were initiated by 
the Department. The Department also consulted with Pastificio Russo 
concerning the rescission of the new shipper review. The Department 
typically does not conduct parallel reviews covering the same period of 
review, and in this case, the Department preferred proceeding under the 
administrative review. See Memorandum to File from Senior Office 
Director Susan Kuhbach, dated November 5, 2003, ``Ex Parte Conversation 
with counsel for Pastificio Carmine Russo, S.p.A.,'' which is on file 
in the Central Records Unit in room B-099 of the main Department 
building. Accordingly, we are rescinding the new shipper review and 
proceeding with the administrative review.

Notification

    The Department will notify U.S. Customs and Border Protection 
(Customs) that bonding is no longer permitted to fulfill security 
requirements for shipments from Pastificio Russo entered, or withdrawn 
from warehouse, for consumption in the United States on or after the 
publication of this rescission notice in the Federal Register, and that 
a cash deposit of 3.85 percent ad valorem should be collected for any 
entries exported by Pastificio Russo.
    We are publishing this notice of rescission in accordance with 19 
CFR Sec. 351.214(f)(3).

    Dated: December 1, 2003.
Jeffrey May,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 03-30262 Filed 12-4-03; 8:45 am]
BILLING CODE 3510-DS-S