[Federal Register Volume 76, Number 238 (Monday, December 12, 2011)]
[Notices]
[Pages 77204-77205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31161]


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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: December 12, 2011.

FOR FURTHER INFORMATION CONTACT: Dennis McClure 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-
5973 or (202) 482-1167, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 1, 2011, 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, 2010, through June 30, 2011:
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 76 FR 38609 (July 1, 2011).
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    Botticelli Mediterraneo S.a.r.1.2 (``Botticelli''), Fiamma 
Vesuviana S.r.L. (``Fiamma''), Industria Alimentare Filiberto Bianconi 
1947 S.p.A. (``Filiberto''), Labor S.r.L. (``Labor''), 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 Lensi S.r.l. (``Lensi''), Pastaficio Zaffiri 
(``Zaffiri''), Pastificio Attilio Mastromauro-Pasta Granoro S.R.L. 
(``Granoro''),\2\ Pastificio Di Martino Gaetano & F.11i SpA (``Di 
Martino''), Pastificio Fratelli Cellino, S.r.l. (``Fratelli''), 
Pastificio Lucio Garofalo S.p.A. (``Garofalo''), Pastificio Riscossa 
F.11i Mastromauro S.p.A. (``Riscossa''), Rummo S.p.A. Molino e 
Pastificio (``Rummo''), Rustichella d'Abruzzo S.p.A. (``Rustichella'') 
and Industria Alimentare Colavita, S.p.A. (``Indalco'').\3\
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    \2\ The Department notes that, ``{o{time} n August 31, 2010, the 
Department deferred the 7/1/2009--6/30/2010 administrative review 
for Pastificio Attilio Mastromauro-Pasta Granoro S.R.L. for one year 
(75 FR 53274). We are now initiating this review one year later 
along with the 7/1/2010--6/30/2011 administrative review.'' See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Requests for Revocation in Part, 76 FR 53404, 53408 
(August 26, 2011) (First Initiation Notice).
    \3\ See First Initiation Notice and Initiation of Antidumping 
and Countervailing Duty Administrative Reviews and Requests for 
Revocation in Part, 76 FR 61076 (October 3, 2011) (collectively, 
``Initiation Notices'').
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    On September 13, 2011, the Department announced its intention to 
select mandatory respondents based on U.S. Customs and Border 
Protection (``CBP'') data.\4\ On October 3, 2011, the Department 
selected Garofalo and Rummo as mandatory respondents.\5\ On October 11, 
2011, Garofalo withdrew its request for a review. On November 7, 2011, 
Granoro withdrew its request for a deferred review of certain pasta 
from Italy for the POR of June 1, 2009 to June 30, 2010. On October 19, 
2011, and November 17, 2011, respectively, the Department published in 
the Federal Register notices of partial rescission of the 
administrative reviews with respect to Garofalo and Granoro.\6\ On 
November 18, 2011, Lensi withdrew its request for a review. On November 
21, 2011, Indalco and Labor withdrew their requests for a review. On 
November 22, 2011, PAM, P.A.P., Riscossa, and Rustichella withdrew 
their requests for a review. On November 23, 2011, Afeltra and Di 
Martino withdrew their requests for a review.
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    \4\ See Memorandum from Christopher Hargett to Melissa Skinner 
titled ``Customs and Border Protection Data for Selection of 
Respondents for Individual Review,'' dated September 13, 2011.
    \5\ See Memorandum from Christopher Hargett to Melissa Skinner 
titled ``Selection of Respondents for Individual Review,'' dated 
October 3, 2011.
    \6\ See Certain Pasta from Italy: Notice of Partial Rescission 
of Antidumping Duty Administrative Review, 76 FR 64897 (October 19, 
2011); see also Certain Pasta from Italy: Notice of Partial 
Rescission of Antidumping Duty Administrative Review, 76 FR 71311 
(November 17, 2011) (``Granoro: Partial Rescission of Deferred 
Review'').
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Partial Rescission of the 2010-2011 Administrative Review

    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 26, 2011. See Initiation 
Notices. Lensi withdrew its request for a review on November 18, 2011, 
Indalco and Labor withdrew their requests for a review on November 21, 
2011, PAM, P.A.P., Riscossa, and Rustichella withdrew their requests 
for a review on November 22, 2011, and Afeltra and Di Martino withdrew 
their requests for a review on November 23, 2011, which are 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 Afeltra, Di Martino, Labor, Lensi, Indalco, PAM, 
P.A.P., Riscossa, and Rustichella.\7\ The instant review will continue 
with respect to Botticelli, Fiamma, Filiberto, Fratelli, Granoro,\8\ 
Rummo, and Zaffiri.
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    \7\ 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).
    \8\ The instant review of Granoro continues only for the period 
of review, July 1, 2010, through June 30, 2011. See Granoro: Partial 
Rescission of Deferred Review.
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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, Afeltra, Di Martino, Indalco, Labor, Lensi, PAM, P.A.P., 
Riscossa, and Rustichella, 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, 2010, through June 30, 2011, 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(0(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

[[Page 77205]]

this requirement could result in the Secretary's presumption that 
reimbursement of antidumping and/or countervailing duties occurred and 
the subsequent increase in the amount of antidumping and/or 
countervailing duties reimbursed.

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: November 28, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-31161 Filed 12-9-11; 8:45 am]
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