[Federal Register Volume 69, Number 239 (Tuesday, December 14, 2004)]
[Notices]
[Pages 74494-74495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3640]


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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.
SUMMARY: In response to requests by Pastificio Carmine Russo S.p.A. and 
its affiliate, Pastificio DiNola S.p.A. (collectively, Russo/DiNola), 
and others, the Department of Commerce (the Department) initiated an 
administrative review of the antidumping duty order on certain pasta 
(pasta) from Italy for the period July 1, 2003, through June 30, 2004. 
We initiated the review on a total of seven companies including Russo/
DiNola. Based on a timely withdrawal of its request for review, we are 
rescinding the administrative review of Russo/DiNola. The 
administrative review of the antidumping duty order continues with 
respect to Barilla, G.e.R. (Barilla), Corticella Molini E Pastifici 
S.p.A. and its affiliate Pasta Combattenti S.p.A. (collectively, 
Corticella/Combattenti), Industria Alimentare Colvaita S.p.A. and its 
affiliate Fusco S.r.L. (collectively, Indalco), Pastificio Fratelli 
Pagani S.p.A. (Pagani), Pastificio Antonio Pallante S.r.L. and its 
affiliate Industrie Alimentari Molisane S.r.L. (collectively, Pallante/
IAM) and Pastificio Riscossa F.lli Mastromauro S.r.L. (Riscossa).

EFFECTIVE DATE: December 14, 2004.

FOR FURTHER INFORMATION CONTACT: James Terpstra or Dennis McClure, 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-
3965, or (202) 482-5973, respectively.

SUPPLEMENTARY INFORMATION:

Scope of Review

    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 review 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 Bioagricert International (formerly Bioagricoop 
Scrl), by QC&I International Services, by Ecocert Italia, by Consorzio 
per il Controllo dei Prodotti Biologici, or by Associazione Italiana 
per l'Agricoltura Biologica.
    The merchandise subject to review is currently classifiable under 
item 1902.19.20 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheading is provided for convenience and 
customs purposes, the written description of the merchandise subject to 
the order is dispositive.

Background

    On July 1, 2004, 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, 69 FR 39903 (July 1, 2004). On August 30, 2004, 
pursuant to requests made by Russo/DiNola, Pagani, Pallante/IAM, 
Corticella/Combattenti, Indalco, Barilla, and the petitioners (New 
World Pasta Company, American Italian Pasta Company, and Dakota Growers 
Pasta Company), the Department initiated an administrative review of 
the antidumping duty order on certain pasta from Italy. See Initiation 
of Antidumping and Countervailing Duty Administrative Reviews and 
Request for Revocation in Part, 69 FR 52857 (August 30, 2004). On 
October 19, 2004, Russo/DiNola timely withdrew its request for an 
administrative review.

Rescission of 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, Russo/DiNola withdrew its request for 
an administrative review within 90 days from the date of initiation. No 
other interested party requested a review of this company. Because 
Russo/DiNola filed a timely request for withdrawal of this 
administrative review by the deadline and it was the only request for 
review

[[Page 74495]]

made for Russo/DiNola, we are rescinding the antidumping duty 
administrative review of Russo/DiNola. As a result of this rescission, 
the administrative review of the antidumping duty order on certain 
pasta from Italy covering the period July 1, 2003, through June 30, 
2004, now covers the following companies: Barilla, Corticella/
Combattenti, Indalco, Pagani, Pallante/IAM, and Riscossa.
    The Department will issue appropriate assessment instructions 
directly to U.S. Customs and Border Protection (CBP) within 15 days of 
the publication of this notice. In accordance with 19 CFR 
351.212(c)(1)(i), the Department will direct CBP to assess antidumping 
duties for each company for which this review is rescinded at rates 
equal to the cash deposit of estimated antidumping duties required at 
the time of entry, or withdrawal from warehouse, for consumption, for 
entries during the period July 1, 2003, through June 30, 2004.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping and 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 countervailing duties 
occurred and the subsequent increase in antidumping duties by the 
amount of antidumping and countervailing duties reimbursed.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable 
violation.
    This notice is in accordance with section 777(i)(1) of the Act and 
19 CFR 251.213(d)(4).

    Dated: December 7, 2004.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E4-3640 Filed 12-13-04; 8:45 am]
BILLING CODE 3510-DS-S