Certain Pasta from Italy: Notice of Partial Rescission of Countervailing Duty Administrative Review, 69515-69516 [E5-6330]

Download as PDF Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices Extension of Time Limits for Final Results Under section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act) the Department may extend the deadline for completion of an administrative review if it determines that it is not practicable to complete the final results of the review within the statutory time limit of 120 days after the publication of the preliminary results in the Federal Register. We are currently analyzing information submitted by interested parties in this review. This administrative review is extraordinarily complicated due to the unique nature of the countervailable subsidy practices being examined in this review. The Department finds that it needs additional time to consider the exceedingly complex issues raised in the case and rebuttal briefs regarding entrustment and direction. Moreover, record evidence relating to equityworthiness and creditworthiness is voluminous and time intensive to evaluate. Therefore, it is not practicable to complete this review within the time limit mandated by section 751(a)(3)(A) of the Act. Accordingly, the Department is extending the time limit for completion of these final results for 60 days (i.e., until March 14, 2006). This extension is in accordance with section 751(a)(3)(A) of the Act. Dated: November 8, 2005. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E5–6329 Filed 11–15–05; 8:45 am] BILLING CODE 3510–DS–S review by Pastificio Antonio Pallante, S.r.L., we are rescinding this review, in part. EFFECTIVE DATE: November 16, 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, Pastificio Antonio Pallante, 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 for Revocation in Part, 70 FR 51009 (August 29, 2005). On October 25, 2005, Pastificio Antonio Pallante, S.r.L. withdrew its request for review. No other party requested a review for Pastificio Antonio Pallante, S.r.L. Scope 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 Pastificio Antonio Pallante, 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 AGENCY: VerDate Aug<31>2005 16:39 Nov 15, 2005 Jkt 208001 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 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 69515 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 E:\FR\FM\16NON1.SGM 16NON1 69516 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices 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 Antonio Pallante, S.r.L. withdrew its request for an administrative review on October 25, 2005, which is within the 90–day deadline, and no other party requested a review with respect to this company. VerDate Aug<31>2005 16:39 Nov 15, 2005 Jkt 208001 Therefore, the Department is rescinding this administrative review, in part, for Pastificio Antonio Pallante, S.r.L. This notice is issued and published in accordance with 19 CFR 351.213(d)(4). Dated: November 8, 2005. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E5–6330 Filed 11–15–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 111005B] Gulf of Mexico Fishery Management Council; Public Meetings National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of Law Enforcement Advisory Panel (LEAP) Meeting via Conference Call. AGENCY: The Gulf of Mexico Fishery Management Council (Council) will convene its Law Enforcement Advisory Panel (LEAP) via Conference Call to approve the 2006 Operations Plan to the 2005–2010 Strategic Plan that outlines joint goals and objectives for state and Federal marine resource enforcement activities. DATES: The Conference Call will be held on Monday, December 5, 2005. ADDRESSES: The meeting will be held via conference call and listening stations will be available. For specific locations see SUPPLEMENTARY INFORMATION. Council address: Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Dr. Richard Leard, Deputy Executive Director, Gulf of Mexico Fishery Management Council; telephone: 813– 348–1630. SUPPLEMENTARY INFORMATION: The Gulf of Mexico Fishery Management Council (Council) will convene its Law Enforcement Advisory Panel (LEAP) by conference call on December 5, 2005, at 4 p.m. EST. The purpose of the meeting is to approve the 2006 Operations Plan to the 2005–2010 Strategic Plan that outlines joint goals and objectives for state and federal marine resource enforcement activities. Once approved by the LEAP, the Operations Plan will be submitted to the Council for approval SUMMARY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 at its January 2006 meeting. Listening stations for members of the public to hear the LEAP discussions will be set up at the Council office—2203 N. Lois Avenue, Suite 1100, Tampa, FL 33607 and at the Gulf States Marine Fisheries Commission Office—2404 Government Street, Ocean Springs, MS 39564. A copy of the operations plan and related materials can be obtained by calling the Council office at 813–348– 1630. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Dawn Aring at the Council (see ADDRESSES) at least 5 working days prior to the meeting. Dated: November 10, 2005. Tracey Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E5–6311 Filed 11–15–05; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 111005C] Gulf of Mexico Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. AGENCY: SUMMARY: The Gulf of Mexico Fishery Management Council will convene a public meeting of its Texas Habitat Protection Advisory Panel (AP). DATES: The Texas Habitat Protection AP will meet from 9 a.m. to 4 p.m. on Tuesday, December 6, 2005. ADDRESSES: The meeting will be held at the Hilton Houston Hobby Airport, 8181 Airport Boulevard, Houston, TX 77061; telephone: 713–645–3000. Council address: Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Jeff Rester, Habitat Specialist, Gulf States Marine Fisheries Commission, Post Office Box 726, Ocean Springs, MS 39564; telephone 228–875–5912. SUPPLEMENTARY INFORMATION: The Texas Habitat Protection AP will convene to discuss the following topics: the SabineNeches waterway deepening project; the E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Notices]
[Pages 69515-69516]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6330]


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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 Pastificio 
Antonio Pallante, 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 Pastificio Antonio Pallante, S.r.L., we are rescinding 
this review, in part.

EFFECTIVE DATE: November 16, 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, Pastificio 
Antonio Pallante, 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 for Revocation 
in Part, 70 FR 51009 (August 29, 2005). On October 25, 2005, Pastificio 
Antonio Pallante, S.r.L. withdrew its request for review. No other 
party requested a review for Pastificio Antonio Pallante, S.r.L.

Scope

    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

[[Page 69516]]

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 Antonio Pallante, S.r.L. withdrew its request for an 
administrative review on October 25, 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 Antonio Pallante, S.r.L.
    This notice is issued and published in accordance with 19 CFR 
351.213(d)(4).

    Dated: November 8, 2005.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-6330 Filed 11-15-05; 8:45 am]
BILLING CODE 3510-DS-S

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