[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Notices]
[Pages 20091-20092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07746]


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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 3, 2013.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore or George McMahon AD/
CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3692 or (202) 482-1167, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 2, 2012, 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, 2011, through June 30, 2012: Alberto Poiatti S.p.A 
(Poiatti), Delverde Industrie Alimentari S.p.A. (Delverde), Industria 
Alimentare Colavita, S.p.A. (Indalco), Pasta Lensi S.r.L. (Lensi), 
Pastificio Attilio Mastromauro-Pasta Granoro S.r.L. (Granoro), 
Pastificio Gallo Natale & F. Ili S.r.L. (Gallo), Fiamma Vesuviana 
S.r.L. (Fiamma), Pastificio Zaffiri S.r.L (Zaffiri), Rummo S.p.A. 
Molino e Pastificio (Rummo), Tandoi Filippo e Adalberto Fratelli S.p.A. 
(Tandoi), and Valdigrano di Flavio Pagani S.r.L. (Valdigrano).\2\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 77 FR 39216 (July 2, 2012).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 77 FR 
52688 (August 30, 2012) (Initiation).
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    On August 31, 2012 the Department announced its intention to select 
mandatory respondents based on U.S. Customs and Border Protection (CBP) 
data.\3\ On September 24, 2012, the Department selected Indalco and 
Rummo as mandatory respondents.\4\
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    \3\ See Memorandum from George McMahon through James Terpstra to 
Melissa Skinner titled, ``Customs and Border Protection Data for 
Selection of Respondents for Individual Review,'' dated August 31, 
2012.
    \4\ See Memorandum from George McMahon through James Terpstra to 
Melissa Skinner titled, ``Selection of Respondents for Individual 
Review,'' dated September 24, 2012.
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    On November 30, 2012, Indalco and Lensi timely withdrew their 
respective requests for a review. Thus, on December 11, 2012, the 
Department selected Gallo and Granoro as additional mandatory 
respondents.
    On February 8, 2013, the Department published a notice revoking 
Granoro from the antidumping duty order.\5\ The effective date of 
Granoro's revocation from the antidumping duty order is July 1, 
2011.\6\
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    \5\ See Certain Pasta From Italy: Notice of Final Results of 
15th Antidumping Duty Administrative Review, Final No Shipment 
Determination and Revocation of Order, in Part; 2010-2011, 78 FR 
9364 (February 8, 2013) (Final Results), and accompanying Issues and 
Decision Memorandum for additional details.
    \6\ See id. See also CBP Public Message Number: 3057301, dated 
February 26, 2013.
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Partial Rescission of the 2011-2012 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 30, 2012. See Initiation. 
Indalco and Lensi both withdrew their requests for a review on November 
30, 2012, which is 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 Indalco and Lensi.\7\ 
Additionally, we are rescinding this review with respect to Granoro 
because this company has been revoked from the antidumping duty 
order.\8\ The instant review will continue with respect to Poiatti, 
Delverde,\9\ Gallo, Fiamma,

[[Page 20092]]

Zaffiri, Rummo, Tandoi, and Valdigrano.
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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\ See Final Results.
    \9\ On September 25, 2012, Delverde submitted a ``qualified no-
shipment letter'' in which Delverde declared that ``it made no 
shipments of subject merchandise during the POR, because it was 
excluded from the antidumping duty order in the original 
investigation.'' We are currently conducting a Changed Circumstances 
Review of Delverde to determine whether Delverde is the successor-
in-interest to the company that was excluded from the order.
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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, Indalco and Lensi, 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, 2011, through June 30, 2012, 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 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: March 27, 2013.
Edward C. Yang,
 Senior Director, China/Non-Market Economy Unit .
[FR Doc. 2013-07746 Filed 4-2-13; 8:45 am]
BILLING CODE 3510-DS-P