Certain Pasta from Italy: Notice of Partial Rescission of Countervailing Duty Administrative Review, 59723-59724 [E5-5603]
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Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices
Background Information
DEPARTMENT OF COMMERCE
On March 23, 2005, the U.S.
Department of Commerce (‘‘the
Department’’) published a notice of
initiation of the administrative review
on the countervailing duty order of
certain cut–to-length carbon quality
steel plate (‘‘CTL Plate’’) from the
Republic of Korea, covering the period
January 1, 2004, through December 31,
2004. See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 70 FR 14643 (March 23, 2005). The
preliminary results of this review are
currently due no later than October 31,
2005.
International Trade Administration
Extension of Time Limit of Preliminary
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department to make a
preliminary determination within 245
days after the last day of the anniversary
month of an order or finding for which
a review is requested. Section
751(a)(3)(A) of the Act further states that
if it is not practicable to complete the
review within the time period specified,
the administering authority may extend
the 245-day period to issue its
preliminary results by up to 120 days.
We determine that completion of the
preliminary results of this review within
the 245-day period is not practicable for
the following reason. The Department is
considering a verification of this
proceeding and due to scheduling
conflicts would not be able to do so by
the current preliminary due date. Given
the number and complexity of issues in
this case, and in accordance with
section 751(a)(3)(A) of the Act, we are
extending the time period for issuing
the preliminary results of review by 120
days. Therefore, the preliminary results
are now due no later than February 28,
2005. The final results continue to be
due 120 days after publication of the
preliminary results.
Dated: October 4, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–5606 Filed 10–12–05; 8:45 am]
BILLING CODE 3510–DS–S
[C–475–819]
Certain Pasta from Italy: Notice of
Partial Rescission of Countervailing
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request made
on July 28, 2005, by Pastificio Laporta
S.a.s., the Department of Commerce
initiated an administrative review of the
countervailing duty order on certain
pasta from Italy, covering the period
January 1, 2004, through December 31,
2004. See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Requests for Revocation in
Part, 70 FR 51009 (August 29, 2005). As
a result of a timely withdrawal of the
request for review by Pastificio Laporta
S.a.s., we are rescinding this review, in
part.
EFFECTIVE DATE: October 13, 2005.
FOR FURTHER INFORMATION CONTACT:
Audrey Twyman or Brandon Farlander,
AD/CVD Operations, Office 1, Import
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone (202) 482–3534 and (202)
482–0182, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 24, 1996, the Department of
Commerce (‘‘the Department’’)
published a countervailing duty order
on certain pasta from Italy. See Notice
of Countervailing Duty Order and
Amended Final Affirmative
Countervailing Duty Determination:
Certain Pasta (‘‘Pasta’’) From Italy, 61
FR 38543 (July 24, 1996). On July 28,
2005, Pastificio Laporta S.a.s. requested
an administrative review of the
countervailing duty order on certain
pasta from Italy covering the period
January 1, 2004, through December 31,
2004. In accordance with 19 CFR
351.221(c)(1)(i), we published a notice
of initiation of the review on August 29,
2005. See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Requests for Revocation in
Part, 70 FR 51009 (August 29, 2005). On
September 15, 2005, Pastificio Laporta
S.a.s. withdrew its request for review.
No other party requested a review for
Pastificio Laporta S.a.s.
Scope of the Countervailing Duty Order
Imports covered by this order are
shipments of certain non–egg dry pasta
VerDate Aug<31>2005
16:14 Oct 12, 2005
Jkt 208001
PO 00000
Frm 00010
Fmt 4703
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59723
in packages of five pounds (2.27
kilograms) or less, whether or not
enriched or fortified or containing milk
or other optional ingredients such as
chopped vegetables, vegetable purees,
milk, gluten, diastases, 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,
Bioagricoop S.r.l., QC&I International
Services, Ecocert Italia, Consorzio per il
Controllo dei Prodotti Biologici,
Associazione Italiana per l’Agricoltura
Biologica, or Codex S.r.L. In addition,
based on publically available
information, the Department has
determined that, as of August 4, 2004,
imports of organic pasta from Italy that
are accompanied by the appropriate
certificate issued by Bioagricert S.r.l. are
also excluded from this order. See
Memorandum from Eric B. Greynolds to
Melissa G. Skinner, dated August 4,
2004, which is on file in the
Department’s Central Records Unit
(‘‘CRU’’) in Room B–099 of the main
Department building.
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.
The Department has issued the
following scope rulings:
1. On August 25, 1997, the
Department issued a scope ruling that
multicolored pasta, imported in kitchen
display bottles of decorative glass that
are sealed with cork or paraffin and
bound with raffia, is excluded from the
scope of the antidumping and
countervailing duty orders. See
Memorandum from Edward Easton to
Richard Moreland, dated August 25,
1997, which is on file in the CRU.
2. On July 30, 1998, the Department
issued a scope ruling, finding that
multipacks consisting of six one–pound
packages of pasta that are shrink–
wrapped into a single package are
within the scope of the antidumping
and countervailing duty orders. See
E:\FR\FM\13OCN1.SGM
13OCN1
59724
Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices
Letter from Susan H. Kuhbach to
Barbara P. Sidari, dated July 30, 1998,
which is available in the CRU.
3. On October 23, 1997, the
petitioners filed an application
requesting that the Department initiate
an anti–circumvention investigation of
Barilla S.r.L. (‘‘Barilla’’), an Italian
producer and exporter of pasta. The
Department initiated the investigation
on December 8, 1997. See Initiation of
Anti–Circumvention Inquiry on
Antidumping Duty Order on Certain
Pasta From Italy, 62 FR 65673
(December 15, 1997). On October 5,
1998, the Department issued its final
determination that, pursuant to section
781(a) of the Tariff Act of 1930, as
amended by the Uruguay Round
Agreements Act effective January 1,
1995 (‘‘the Act’’), circumvention of the
antidumping order on pasta from Italy
was occurring by reason of exports of
bulk pasta from Italy produced by
Barilla which subsequently were
repackaged in the United States into
packages of five pounds or less for sale
in the United States. See Anti–
Circumvention Inquiry of the
Antidumping Duty Order on Certain
Pasta from Italy: Affirmative Final
Determination of Circumvention of the
Antidumping Duty Order, 63 FR 54672
(October 13, 1998).
4. On October 26, 1998, the
Department self–initiated a scope
inquiry to determine whether a package
weighing over five pounds as a result of
allowable industry tolerances is within
the scope of the antidumping and
countervailing duty orders. On May 24,
1999, we issued a final scope ruling
finding that, effective October 26, 1998,
pasta in packages weighing or labeled
up to (and including) five pounds four
ounces is within the scope of the
antidumping and countervailing duty
orders. See Memorandum from John
Brinkmann to Richard Moreland, dated
May 24, 1999, which is available in the
CRU.
5. On April 27, 2000, the Department
self–initiated an anti–circumvention
inquiry to determine whether Pastificio
Fratelli Pagani S.p.A.’s importation of
pasta in bulk and subsequent
repackaging in the United States into
packages of five pounds or less
constitutes circumvention with respect
to the antidumping and countervailing
duty orders on pasta from Italy pursuant
to section 781(a) of the Act and 19 CFR
351.225(b). See Certain Pasta from Italy:
Notice of Initiation of Anti–
circumvention Inquiry of the
Antidumping and Countervailing Duty
Orders, 65 FR 26179 (May 5, 2000). On
September 19, 2003, we published an
affirmative finding of the anti–
VerDate Aug<31>2005
16:14 Oct 12, 2005
Jkt 208001
circumvention inquiry. See Anti–
Circumvention Inquiry of the
Antidumping and Countervailing Duty
Orders on Certain Pasta from Italy:
Affirmative Final Determinations of
Circumvention of Antidumping and
Countervailing Duty Orders, 68 FR
54888 (September 19, 2003).
Rescission of Review
The Department’s regulations at 19
CFR 351.213(d)(1) provide that the
Department will rescind an
administrative review, in part, if a party
that requested a review withdraws the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. Pastificio Laporta
S.a.s. withdrew its request for an
administrative review on September 15,
2005, which is within the 90-day
deadline, and no other party requested
a review with respect to this company.
Therefore, the Department is rescinding
this administrative review, in part, for
Pastificio Laporta S.a.s..
This notice is issued and published in
accordance with 19 CFR 351.213(d)(4).
Dated: October 6, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–5603 Filed 10–12–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free Trade Agreement,
Article 1904 NAFTA Panel Reviews;
Notice of Panel Decision
NAFTA Secretariat, United
States Section, International Trade
Administration, Department of
Commerce.
ACTION: Notice of panel decision.
AGENCY:
On October 5, 2005, the
binational panel issued its decision in
the review of the final results of the
countervailing duty determination made
by the International Trade
Administration (ITA) respecting Certain
Softwood Lumber Products from Canada
(Secretariat File No. USA–CDA–2002–
1904–03) affirmed in part and remanded
in part the determination of the
Department of Commerce. The
Department will return the
determination on remand no later than
October 28, 2005. A copy of the
complete panel decision is available
from the NAFTA Secretariat.
FOR FURTHER INFORMATION CONTACT:
Caratina L. Alston, United States
Secretary, NAFTA Secretariat, Suite
SUMMARY:
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
2061, 14th and Constitution Avenue,
Washington, DC 20230, (202) 482–5438.
SUPPLEMENTARY INFORMATION: Chapter
19 of the North American Free-Trade
Agreement (‘‘Agreement’’) establishes a
mechanism to replace domestic judicial
review of final determinations in
antidumping and countervailing duty
cases involving imports from the other
country with review by independent
binational panels. When a Request for
Panel Review is filed, a panel is
established to act in place of national
courts to review expeditiously the final
determination to determine whether it
conforms with the antidumping or
countervailing duty law of the country
that made the determination.
Under Article 1904 of the Agreement,
which came into force on January 1,
1994, the Government of the United
States, the Government of Canada and
the Government of Mexico established
Rules of Procedure for Article 1904
Binational Panel Reviews (‘‘Rules’’).
These Rules were published in the
Federal Register on February 23, 1994
(59 FR 8686).
Panel Decision: On October 5, 2005,
the Binational Panel affirmed in part
and remanded in part the Department of
Commerce’s final antidumping duty
determination. The following issues
were remanded to the Department:
1. The Department was directed to
determine the amount of log seller profit
to be C$4.34, and to refrain from
apportioning this amount.
2. The Department was directed to
adjust the profit figures for Ontario,
Manitoba, and Saskatchewan to the
extent that their profit figures are
derivative of the profit figure for
Quebec.
The Investigating Authority was
directed to complete its remand
determination no later than October 28,
2005.
Dated: October 6, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. E5–5590 Filed 10–12–05; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 100605F]
Gulf of Mexico Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
E:\FR\FM\13OCN1.SGM
13OCN1
]]>Agencies
[Federal Register Volume 70, Number 197 (Thursday, October 13, 2005)]
[Notices]
[Pages 59723-59724]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5603]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-819]
Certain Pasta from Italy: Notice of Partial Rescission of
Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request made on July 28, 2005, by Pastificio
Laporta S.a.s., the Department of Commerce initiated an administrative
review of the countervailing duty order on certain pasta from Italy,
covering the period January 1, 2004, through December 31, 2004. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Requests for Revocation in Part, 70 FR 51009 (August 29,
2005). As a result of a timely withdrawal of the request for review by
Pastificio Laporta S.a.s., we are rescinding this review, in part.
EFFECTIVE DATE: October 13, 2005.
FOR FURTHER INFORMATION CONTACT: Audrey Twyman or Brandon Farlander,
AD/CVD Operations, Office 1, Import Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230; telephone (202) 482-3534 and (202) 482-0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, the Department of Commerce (``the Department'')
published a countervailing duty order on certain pasta from Italy. See
Notice of Countervailing Duty Order and Amended Final Affirmative
Countervailing Duty Determination: Certain Pasta (``Pasta'') From
Italy, 61 FR 38543 (July 24, 1996). On July 28, 2005, Pastificio
Laporta S.a.s. requested an administrative review of the countervailing
duty order on certain pasta from Italy covering the period January 1,
2004, through December 31, 2004. In accordance with 19 CFR
351.221(c)(1)(i), we published a notice of initiation of the review on
August 29, 2005. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 70 FR 51009
(August 29, 2005). On September 15, 2005, Pastificio Laporta S.a.s.
withdrew its request for review. No other party requested a review for
Pastificio Laporta S.a.s.
Scope of the Countervailing Duty Order
Imports covered by this order are shipments of certain non-egg dry
pasta in packages of five pounds (2.27 kilograms) or less, whether or
not enriched or fortified or containing milk or other optional
ingredients such as chopped vegetables, vegetable purees, milk, gluten,
diastases, 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, Bioagricoop S.r.l., QC&I International Services,
Ecocert Italia, Consorzio per il Controllo dei Prodotti Biologici,
Associazione Italiana per l'Agricoltura Biologica, or Codex S.r.L. In
addition, based on publically available information, the Department has
determined that, as of August 4, 2004, imports of organic pasta from
Italy that are accompanied by the appropriate certificate issued by
Bioagricert S.r.l. are also excluded from this order. See Memorandum
from Eric B. Greynolds to Melissa G. Skinner, dated August 4, 2004,
which is on file in the Department's Central Records Unit (``CRU'') in
Room B-099 of the main Department building.
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.
The Department has issued the following scope rulings:
1. On August 25, 1997, the Department issued a scope ruling that
multicolored pasta, imported in kitchen display bottles of decorative
glass that are sealed with cork or paraffin and bound with raffia, is
excluded from the scope of the antidumping and countervailing duty
orders. See Memorandum from Edward Easton to Richard Moreland, dated
August 25, 1997, which is on file in the CRU.
2. On July 30, 1998, the Department issued a scope ruling, finding
that multipacks consisting of six one-pound packages of pasta that are
shrink-wrapped into a single package are within the scope of the
antidumping and countervailing duty orders. See
[[Page 59724]]
Letter from Susan H. Kuhbach to Barbara P. Sidari, dated July 30, 1998,
which is available in the CRU.
3. On October 23, 1997, the petitioners filed an application
requesting that the Department initiate an anti-circumvention
investigation of Barilla S.r.L. (``Barilla''), an Italian producer and
exporter of pasta. The Department initiated the investigation on
December 8, 1997. See Initiation of Anti-Circumvention Inquiry on
Antidumping Duty Order on Certain Pasta From Italy, 62 FR 65673
(December 15, 1997). On October 5, 1998, the Department issued its
final determination that, pursuant to section 781(a) of the Tariff Act
of 1930, as amended by the Uruguay Round Agreements Act effective
January 1, 1995 (``the Act''), circumvention of the antidumping order
on pasta from Italy was occurring by reason of exports of bulk pasta
from Italy produced by Barilla which subsequently were repackaged in
the United States into packages of five pounds or less for sale in the
United States. See Anti-Circumvention Inquiry of the Antidumping Duty
Order on Certain Pasta from Italy: Affirmative Final Determination of
Circumvention of the Antidumping Duty Order, 63 FR 54672 (October 13,
1998).
4. On October 26, 1998, the Department self-initiated a scope
inquiry to determine whether a package weighing over five pounds as a
result of allowable industry tolerances is within the scope of the
antidumping and countervailing duty orders. On May 24, 1999, we issued
a final scope ruling finding that, effective October 26, 1998, pasta in
packages weighing or labeled up to (and including) five pounds four
ounces is within the scope of the antidumping and countervailing duty
orders. See Memorandum from John Brinkmann to Richard Moreland, dated
May 24, 1999, which is available in the CRU.
5. On April 27, 2000, the Department self-initiated an anti-
circumvention inquiry to determine whether Pastificio Fratelli Pagani
S.p.A.'s importation of pasta in bulk and subsequent repackaging in the
United States into packages of five pounds or less constitutes
circumvention with respect to the antidumping and countervailing duty
orders on pasta from Italy pursuant to section 781(a) of the Act and 19
CFR 351.225(b). See Certain Pasta from Italy: Notice of Initiation of
Anti-circumvention Inquiry of the Antidumping and Countervailing Duty
Orders, 65 FR 26179 (May 5, 2000). On September 19, 2003, we published
an affirmative finding of the anti-circumvention inquiry. See Anti-
Circumvention Inquiry of the Antidumping and Countervailing Duty Orders
on Certain Pasta from Italy: Affirmative Final Determinations of
Circumvention of Antidumping and Countervailing Duty Orders, 68 FR
54888 (September 19, 2003).
Rescission of Review
The Department's regulations at 19 CFR 351.213(d)(1) provide that
the Department will rescind an administrative review, in part, if a
party that requested a review withdraws the request within 90 days of
the date of publication of the notice of initiation of the requested
review. Pastificio Laporta S.a.s. withdrew its request for an
administrative review on September 15, 2005, which is within the 90-day
deadline, and no other party requested a review with respect to this
company. Therefore, the Department is rescinding this administrative
review, in part, for Pastificio Laporta S.a.s..
This notice is issued and published in accordance with 19 CFR
351.213(d)(4).
Dated: October 6, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-5603 Filed 10-12-05; 8:45 am]
BILLING CODE 3510-DS-S
