Certain Pasta from Italy: Notice of Partial Rescission of Countervailing Duty Administrative Review, 61788-61789 [E5-5952]
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Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices
Dated: October 20, 2005.
Joseph A. Spetrini,
Acting Assistant Secretaryfor Import
Administration.
[FR Doc. E5–5951 Filed 10–25–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–601]
Tapered Roller Bearings and Parts
Thereof, Finished or Unfinished From
The People’s Republic of China: Notice
of Partial Rescission of the
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 1, and Sept 12, 2005,
respectively, Yantai Timken Company
Limited (‘‘Yantai Timken’’) and
Wanxiang Group Company
(‘‘Wanxiang’’) withdrew their requests
for administrative review. Accordingly,
because no other party requested a
review for either company, we are
rescinding, in accordance with 19 CFR
351.213(d)(1), the administrative review
of sales of tapered roller bearings and
parts thereof, finished or unfinished
(‘‘TRBs’’) from The People’s Republic of
China (‘‘PRC’’) for the period covering
June 1, 2004 through May 31, 2005, for
Yantai Timken and Wanxiang.
EFFECTIVE DATE: October 26, 2005.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Hua Lu, 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) 482–4243 and (202)
482–6478, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 15, 1987, the Department
published in the Federal Register the
antidumping duty order on TRBs from
PRC. See Antidumping Duty Order:
Tapered Roller Bearings and Parts
Thereof, Finished or Unfinished, From
the People’s Republic of China, 52 FR
22667 (June 15, 1987). On June 1, 2005,
the Department published a notice of
opportunity to request an administrative
review of the antidumping duty order
on TRBs from the PRC for the period
June 1, 2004, through May 31, 2005. See
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation: Opportunity to Request
VerDate Aug<31>2005
16:26 Oct 25, 2005
Jkt 208001
Administrative Review, 70 FR 31422
(June 1, 2005). On June 30, 2005, Yantai
Timken and Wanxiang requested
administrative reviews of their sales to
the United States during the period of
review (‘‘POR’’). No other party
requested an administrative review of
Yantai Timken or Wanxiang for this
time period. On July 21, 2005, the
Department published in the Federal
Register a notice of the initiation of the
antidumping duty administrative review
of TRBs from the PRC for the 2004–2005
POR. See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 70 FR 30694 (May 27, 2005)
(‘‘Initiation Notice’’).1 Wanxiang
withdrew its request for review on July
1, 2005 and on September 12, 2005,
Yantai Timken withdrew its request for
review.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if a party that requested a review
withdraws the request within 90 days of
the date of publication of notice of
initiation of requested review. Yantai
Timken and Wanxiang withdrew their
respective requests for review within
the 90-day time limit and no other party
requested a review with respect to either
Yantai Timken or Wanxiang.
Accordingly, we are rescinding this
administrative review of the sales in the
United States made by Yantai Timken
and Wanxiang and will issue
appropriate assessment instructions to
U.S. Customs and Border Protection.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f) 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 assumption that
reimbursement of antidumping duties
occurred and subsequent assessment of
double antidumping duties.
This notice is in accordance with
section 777(i)(1) of the Tariff Act of
1930, as amended, and 19 CFR
351.213(d)(4) of the Department’s
regulations.
1 The initiation notice inadvertently failed to
include Wanxiang in the list of companies covered
by the review. On August 29, 2005, the Department
issued an amendment to its July 21, 2005, Initiation
Notice, including Wanxiang in the 2004-2005
review. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Requests for Revocation in Part, 70 FR 51009, 51010
(August 29, 2005).
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Frm 00012
Fmt 4703
Sfmt 4703
Dated: October 20, 2005.
Gary Taverman,
Acting Deputy Assistant Secretaryfor Import
Administration.
[FR Doc. E5–5950 Filed 10–25–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[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 29, 2005, by Moline e Pastificio
Tomasello S.r.L., 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 Moline e Pastificio Tomasello
S.r.L., we are rescinding this review, in
part.
EFFECTIVE DATE: October 26, 2005.
FOR FURTHER INFORMATION CONTACT:
Brandon Farlander or Marc Rivitz, AD/
CVD Operations, Office 1, Import
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone (202) 482–0182 and (202)
482–1382, 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 29,
2005, Moline e Pastificio Tomasello
S.r.L. 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
E:\FR\FM\26OCN1.SGM
26OCN1
Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices
for Revocation in Part, 70 FR 51009
(August 29, 2005). On September 29,
2005, Moline e Pastificio Tomasello
S.r.L. withdrew its request for review.
No other party requested a review for
Moline e Pastificio Tomasello S.r.L..
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
VerDate Aug<31>2005
16:26 Oct 25, 2005
Jkt 208001
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
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
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
61789
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
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. Moline e
Pastificio Tomasello S.r.L. 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 Moline e Pastificio Tomasello
S.r.L.
This notice is issued and published in
accordance with 19 CFR 351.213(d)(4).
Dated: October 20, 2005.
Gary Taverman,
Acting Deputy Assistant Secretaryfor Import
Administration.
[FR Doc. E5–5952 Filed 10–25–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Federal Consistency Appeal by Puerto
Rico Highway and Transportation
Authority From an Objection by the
Puerto Rico Planning Board
National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (Commerce).
ACTION: Notice of appeal and request for
comments.
AGENCY:
SUMMARY: This announcement provides
notice that the Puerto Rico Highway and
Transportation Authority has filed an
administrative appeal with the
Department of Commerce asking that
the Secretary override the Puerto Rico
E:\FR\FM\26OCN1.SGM
26OCN1
]]>Agencies
[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Notices]
[Pages 61788-61789]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5952]
-----------------------------------------------------------------------
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 29, 2005, by Moline e
Pastificio Tomasello S.r.L., 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 Moline e Pastificio Tomasello S.r.L., we are rescinding
this review, in part.
EFFECTIVE DATE: October 26, 2005.
FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Marc Rivitz, AD/
CVD Operations, Office 1, Import Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230; telephone (202) 482-0182 and (202) 482-1382, 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 29, 2005, Moline e
Pastificio Tomasello S.r.L. 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
[[Page 61789]]
for Revocation in Part, 70 FR 51009 (August 29, 2005). On September 29,
2005, Moline e Pastificio Tomasello S.r.L. withdrew its request for
review. No other party requested a review for Moline e Pastificio
Tomasello S.r.L..
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 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 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. Moline e Pastificio Tomasello S.r.L. 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 Moline e Pastificio Tomasello
S.r.L.
This notice is issued and published in accordance with 19 CFR
351.213(d)(4).
Dated: October 20, 2005.
Gary Taverman,
Acting Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E5-5952 Filed 10-25-05; 8:45 am]
BILLING CODE 3510-DS-S
