[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