[Federal Register Volume 76, Number 222 (Thursday, November 17, 2011)]
[Notices]
[Pages 71311-71312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29741]
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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: November 17, 2011.
FOR FURTHER INFORMATION CONTACT: Christopher Hargett, Operations Office
3, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-4161.
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 and deferral of this
antidumping duty administrative review with respect to Pastificio
Attilio Mastromauro-Pasta Granoro S.r.L. (``Granoro'') for the period
July 1, 2009, through June 30, 2010.\2\ On August 26, 2011, the
Department published the notice of initiation for the deferred
administrative review of pasta from Italy in the Federal Register.\3\
On November 7, 2011, Granoro withdrew its request for a deferred review
of pasta from Italy for the period July 1, 2009, to June 30, 2010.\4\
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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'').
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 76 FR
53404 (August 26, 2011)(``Deferred Review Initiation Notice'').
\4\ See Letter from Granoro to the Department entitled ``Pasta
from Italy: Withdraw of Request for Administrative Review of
Antidumping Order,'' dated November 7, 2011.
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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
[[Page 71312]]
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
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 Deferred Review
Initiation Notice. Granoro's request for withdrawal falls within the
90-day deadline for rescission by the Department, and no other party
requested an administrative review of Granoro. Therefore, in accordance
with 19 CFR 351.213(d)(1), and consistent with our practice, we are
rescinding this deferred review of the antidumping duty order on
certain pasta from Italy for Granoro.\5\
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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: Notice of
Rescission of Antidumping Duty Administrative Review, 74 FR 7218
(February 13, 2009).
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Assessment
The Department will instruct U.S. Customs and Border Protection
(``CBP'') to assess antidumping duties on all appropriate entries. For
Granoro, 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 Sec. 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: November 9, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-29741 Filed 11-16-11; 8:45 am]
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