Certain Pasta from Italy: Notice of Final Results of the Tenth Administrative Review and Partial Rescission of Review, 70298-70300 [E7-23968]
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70298
Federal Register / Vol. 72, No. 237 / Tuesday, December 11, 2007 / Notices
importer and dividing this amount by
the total quantity of those sales. To
determine whether the duty assessment
rates were de minimis, in accordance
with the requirement set forth in 19 CFR
351.106(c)(2), we calculated importer–
specific ad valorem rates based on the
estimated entered value. Where the
assessment rate is above de minimis, we
will instruct CBP to assess duties on all
entries of subject merchandise by that
importer. Pursuant to 19 CFR
351.106(c), we will instruct CBP to
liquidate without regard to antidumping
duties any entries for which the
assessment rate is de minimis (i.e., less
than 0.50 percent).
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003). This
clarification will apply to entries of
subject merchandise during the POR
produced by the respondent for which
it did not know its merchandise was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the all–
others rate of 6.33 percent3 if there is no
rate for the intermediate company(ies)
involved in the transaction. For a full
discussion of this clarification, see
Antidumping and Countervailing Duty
Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May
6, 2003).
The Department intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review.
pwalker on PROD1PC71 with NOTICES
Cash Deposit Requirements
On July 20, 2007, the Department
published a Federal Register notice
that, inter alia, revoked this order,
effective July 9, 2007. See IQF Red
Raspberries from Chile: Final Results of
Sunset Review and Revocation of Order,
72 FR 39793 (July 20, 2007). As a result,
CBP is no longer suspending liquidation
for entries of subject merchandise
occurring after the revocation.
Therefore, there is no need to issue new
cash deposit instructions pursuant to
the final results of this administrative
review.
Notification to Importers
This notice also 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
3 The ‘‘all others’’ rate was established in Notice
of Amended Final Determination of Sales at Less
Than Fair Value: IQF Red Raspberries from Chile,
67 FR 40270, 40271 (June 12, 2002).
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19:12 Dec 10, 2007
Jkt 214001
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 double antidumping
duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APOs’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, 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.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: December 4, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E7–23963 Filed 12–10–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta from Italy: Notice of Final
Results of the Tenth Administrative
Review and Partial Rescission of
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 7, 2007, the
Department of Commerce (‘‘the
Department’’) published the preliminary
results and partial rescission of the
tenth administrative review for the
antidumping duty order on certain pasta
from Italy. The review covers one
manufacturer/ exporter, Rummo S.p.A.
Molino e Pastificio (‘‘Rummo’’). The
period of review (‘‘POR’’) is July 1,
2005, through June 30, 2006. Further,
requests for review of the antidumping
duty order for the following companies
were withdrawn: Industria Alimentare
Colavita S.p.A. (‘‘Indalco’’) and
Corticella Molini e Pastifici S.p.A. and
its affiliate Pasta Combattenti S.p.A.
(collectively, ‘‘Corticella/Combattenti’’).
AGENCY:
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We rescinded the review with respect to
Indalco and Corticella/Combattenti on
July 12, 2007. In addition we are
rescinding the review with respect to
Atar, S.r.L. (‘‘Atar’’).As a result of our
analysis of the comments received,
these final results differ from the
preliminary results.
EFFECTIVE DATE: December 11, 2007.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure (Atar) and Chris
Hargett (Rummo), AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce,
Washington, DC 20230; telephone: (202)
482–5973 and (202) 482–4161,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2007, the Department
published the preliminary results of the
tenth administrative review of the
antidumping duty order on certain pasta
from Italy. See Notice of Preliminary
Results and Partial Rescission of
Antidumping Duty Administrative
Review: Tenth Administrative Review of
the Antidumping Duty Order on Certain
Pasta from Italy, 72 FR 44082 (August
7, 2007) (‘‘Preliminary Results’’).
Atar and Rummo submitted briefs on
September 6, 2007. The petitioners
submitted their rebuttal brief to Atar on
September 14, 2007. A public hearing
was held on October 11, 2007.
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 Bioagricoop Scrl, by QC&I
International Services, by Ecocert Italia,
by Consorzio per il Controllo dei
Prodotti Biologici, or by Associazione
Italiana per l’Agricoltura Biologica.
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11DEN1
Federal Register / Vol. 72, No. 237 / Tuesday, December 11, 2007 / Notices
In addition, based on publicly
available information, the Department
has determined that, as of March 13,
2003, imports of organic pasta from Italy
that are accompanied by the appropriate
certificate issued by Instituto per la
Certificazione Etica e Ambientale
(‘‘ICEA’’) are also excluded from this
order. See Memorandum from Audrey
Twyman to Susan Kuhbach, dated
February 28, 2006, entitled
‘‘Recognition of Instituto per la
Certificazione Etica e Ambientale
(‘‘ICEA’’) as a Public Authority for
Certifying Organic Pasta from Italy’’
which is on file in the Department’s
Central Records Unit (‘‘CRU’’).
The merchandise subject to this order
is currently classifiable under item
1902.19.20 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). The merchandise subject to
this order is also classifiable under item
1901.90.9095. See Memorandum from
Dennis McClure to James Terpstra, RE:
Request for AD/CVD Module Update
with the Addition of HTSUS Number
for Pasta from Italy (A–475–818),
November 1, 2006. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to the order is dispositive.
Rescission of Review
In the Preliminary Results, we stated
that we were preliminarily rescinding
the review with respect to Atar because
we determined that it was not a
manufacturer of subject merchandise.
Since our preliminary results were
published, the Department received
comments regarding the preliminary
decision to rescind this review for Atar,
in accordance with 19 CFR 351.401(h).
In the Issues and Decision
Memorandum accompanying this
notice, we discuss the Department’s
decision to rescind this review for Atar.
pwalker on PROD1PC71 with NOTICES
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Issues and Decision Memorandum,
which is hereby adopted by this notice.
A list of the issues which parties have
raised, and to which we have responded
in the Issues and Decision
Memorandum, is attached to this notice
as an Appendix. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the Web at https://ia.ita.doc.gov/frn.
The paper copy and electronic version
of the Issues and Decision
Memorandum are identical in content.
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19:12 Dec 10, 2007
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Final Results of Review
We determine that the following
weighted–average margin exists for the
period July 1, 2005, through June 30,
2006:
70299
company–specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original less–than-fair–
value investigation, but the
manufacturer is, the cash deposit rate
Manufacturer/exporter
Margin (percent)
will be the rate established for the most
recent period for the manufacturer of
Rummo .........................
1.41 the merchandise; and (4) the cash
deposit rate for all other manufacturers
Assessment Rates
or exporters will continue to be 15.45
The Department will determine, and
percent, the all–others rate established
U.S. Customs and Border Protection
in the implementation of the findings of
(‘‘CBP’’) shall assess, antidumping
the WTO Panel in US Zeroing (EC). See
duties on all appropriate entries,
Implementation of the Findings of the
pursuant to section 751(a)(1)(B) of the
WTO Panel in US Zeroing (EC): Notice
Tariff Act of 1930, as amended (‘‘the
of Determinations Under Section 129 of
Act’’), and 19 CFR 351.212(b). The
the Uruguay Round Agreements Act and
Department calculated importer–
Revocations and Partial Revocations of
specific duty assessment rates on the
Certain Antidumping Duty Orders, 72
basis of the ratio of the total
FR 25261 (May 4, 2007). These deposit
antidumping duties calculated for the
requirements shall remain in effect until
examined sales to the total entered
further notice.
value of the examined sales for that
importer. Where the assessment rate is
Notification
above de minimis, we will instruct CBP
This notice also serves as a final
to assess duties on all entries of subject
reminder to importers of their
merchandise by that importer. The
Department intends to issue assessment responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
instructions to CBP 15 days after the
date of publication of these final results reimbursement of antidumping duties
of review.
and/or countervailing duties prior to
The Department clarified its
liquidation of the relevant entries
‘‘automatic assessment’’ regulation on
during this review period. Failure to
May 6, 2003 (68 FR 23954). This
comply with this requirement may
clarification will apply to entries of
result in the Secretary’s presumption
subject merchandise during the period
that reimbursement of antidumping
of review produced by companies
and/or countervailing duties occurred
included in these preliminary results of and the subsequent increase in
review for which the reviewed
antidumping duties by the amount of
companies did not know their
antidumping and/or countervailing
merchandise was destined for the
duties reimbursed.This notice also
United States. In such instances, we will
serves as a reminder to parties subject
instruct CBP to liquidate unreviewed
to administrative protective order
entries at the all–others rate if there is
(‘‘APO’’) of their responsibility
no rate for the intermediate
concerning the disposition of
company(ies) involved in the
transaction. For a full discussion of this proprietary information disclosed under
APO in accordance with 19 CFR
clarification, see Antidumping and
351.305. Timely notification of the
Countervailing Duty Proceedings:
return/destruction of APO materials or
Assessment of Antidumping Duties, 68
conversion to judicial protective order is
FR 23954 (May 6, 2003).
hereby requested. Failure to comply
Cash Deposit Requirements
with the regulations and the terms of an
The following deposit requirements
APO are sanctionable violations.
will be effective upon publication of
We are issuing and publishing these
this notice of final results of the
final results of review and notice in
administrative review for all shipments
accordance with sections 751(a)(1) and
of certain pasta from Italy entered, or
777(i)(1) of the Act.
withdrawn from warehouse, for
consumption on or after the date of
publication of these final results, as
provided by section 751(a)(1) of the Act:
(1) The cash deposit rate for Rummo
will be the rate shown above; (2) for
previously reviewed or investigated
companies not listed above, the cash
deposit rate will continue to be the
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Fmt 4703
Sfmt 4703
E:\FR\FM\11DEN1.SGM
11DEN1
70300
Federal Register / Vol. 72, No. 237 / Tuesday, December 11, 2007 / Notices
Dated: December 4, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–6312 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
APPENDIX I
List of Comments in the Issues and
Decision Memorandum
Background
Rummo S.p.A. Molino e Pastificio
Comment 1: Application of the
Countervailing Duty (‘‘CVD’’) offset in
calculating Rummo’s dumping margin
Atar, S.r.L.
Comment 2: Analysis of Atar’s Status as
a Manufacturer
Comment 3: Treatment of Atar as a
Reseller/Exporter
Comment 4: Legal Authority for
Terminating Review with Respect to
Atar
[FR Doc. E7–23968 Filed 12–10–07; 8:45 am]
BILLING CODE 3510–DS–S
On August 7, 2007, the Department
published the preliminary results of the
administrative review and invited
interested parties to comment. See
Preliminary Results. On September 6,
2007, respondent Amtex filed a case
brief in which the company alleges a
ministerial error in our margin
calculation. Also on September 6, 2007,
petitioner The Aqualon Company, a
division of Hercules, Inc. (Aqualon),
filed a ‘‘Demonstration of Programming
Errors in Lieu of Case Brief’’ in which
the company alleges two ministerial
errors in the calculation.
Period of Review
International Trade Administration
The period of review (POR) is
December 27, 2004, through June 30,
2006.
[A–201–834]
Scope of the Order
DEPARTMENT OF COMMERCE
Purified Carboxymethylcellulose from
Mexico: Final Results of the
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 7, 2007, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on purified
carboxymethylcellulose (CMC) from
Mexico. See Purified
Carboxymethylcellulose From Mexico:
Notice of Preliminary Results of
Antidumping Duty Administrative
Review, 72 FR 44095 (August 7, 2007)
(Preliminary Results). The review covers
exports of the subject merchandise to
the United States produced and
exported by Quimica Amtex S.A. de
C.V. (Amtex). We invited interested
parties to comment on the preliminary
results. Based upon our analysis of the
comments received from parties, we
have made changes in the margin
calculation for the final results of this
review. The final weighted–average
margin is listed below in the ‘‘Final
Results of Review’’ section of this
notice.
EFFECTIVE DATE: December 11, 2007.
FOR FURTHER INFORMATION CONTACT:
Mark Flessner or Robert James, AD/CVD
Operations, Office 7, Import
Administration, International Trade
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AGENCY:
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19:12 Dec 10, 2007
Jkt 214001
The merchandise covered by this
order is all purified
carboxymethylcellulose (CMC),
sometimes also referred to as purified
sodium CMC, polyanionic cellulose, or
cellulose gum, which is a white to off–
white, non–toxic, odorless,
biodegradable powder, comprising
sodium CMC that has been refined and
purified to a minimum assay of 90
percent. Purified CMC does not include
unpurified or crude CMC, CMC
Fluidized Polymer Suspensions, and
CMC that is cross–linked through heat
treatment. Purified CMC is CMC that
has undergone one or more purification
operations which, at a minimum, reduce
the remaining salt and other by–product
portion of the product to less than ten
percent. The merchandise subject to this
order is classified in the Harmonized
Tariff Schedule of the United States at
subheading 3912.31.00. This tariff
classification is provided for
convenience and customs purposes;
however, the written description of the
scope of the order is dispositive.
Changes Since the Preliminary Results
SG&A and Interest Expense
In accordance with section 773(a)(4)
of the Tariff Act of 1930 (the Tariff Act),
we base normal value (NV) on
constructed value (CV) if we are unable
to find a contemporaneous comparison
market match of such or similar
merchandise for the U.S. sale. Section
773(e) of the Tariff Act provides that CV
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Fmt 4703
Sfmt 4703
shall be based on the sum of the cost of
materials and fabrication employed in
making the subject merchandise, SG&A
expenses, profit, and U.S. packing costs.
Since there was no cost allegation in
this administrative review, no section D
questionnaire was issued to Amtex.
Therefore, we relied upon the costs of
materials and fabrication as reported by
Amtex in its sections A, B, and C
responses and supplemental response to
calculate CV (for those sales which were
not matched to home market sales).
However, Amtex’s responses did not
provide all the data necessary for us to
compute CV profit. For the preliminary
results, we calculated a CV profit using
Amtex’s 2001–2002 and 2005 audited
financial statements, as submitted in the
most recent segment of these
proceedings. See Notice of Antidumping
Duty Orders: Purified
Carboxymethylcellulose from Finland,
Mexico, the Netherlands, and Sweden,
70 FR 39734 (July 11, 2005); see also
Frozen Concentrated Orange Juice from
Brazil: Final Results and Partial
Rescission of Antidumping Duty
Administrative Review, 66 FR 51008
(October 5, 2001) and the accompanying
Issues and Decision Memorandum at
Comment 3.
On August 24, 2007, Amtex submitted
its audited 2006 financial statement.
Therefore, we have used Amtex’s 2006
cost data for SG&A and net interest
expenses in order to derive CV for these
final results. See Analysis Memorandum
for the Final Results of the
Administrative Review of the
Antidumping Duty Order on
Carboxymethylcellulose from Mexico
dated December 5, 2007 (Final Results
Analysis Memorandum), at 3–4.; see
also Analysis Memorandum for the
Preliminary Results of the
Administrative Review of the
Antidumping Duty Order on
Carboxymethylcellulose from Mexico
dated July 31, 2007 (Preliminary Results
Analysis Memorandum), at 10–13.
Public versions of these memoranda are
on file in the Department’s Central
Records Unit (CRU) located in Room B–
099 of the main Department of
Commerce Building, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230.
Conversion Error in Calculation of
DIFMER
In accordance with section 19 C.F.R.
351.411, we make a reasonable
allowance for merchandise sold in the
United States that does not have the
same physical characteristics as the
merchandise sold in the foreign market
if we determine that the difference has
an effect on prices when computing NV.
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11DEN1
]]>Agencies
[Federal Register Volume 72, Number 237 (Tuesday, December 11, 2007)]
[Notices]
[Pages 70298-70300]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23968]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta from Italy: Notice of Final Results of the Tenth
Administrative Review and Partial Rescission of Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 7, 2007, the Department of Commerce (``the
Department'') published the preliminary results and partial rescission
of the tenth administrative review for the antidumping duty order on
certain pasta from Italy. The review covers one manufacturer/ exporter,
Rummo S.p.A. Molino e Pastificio (``Rummo''). The period of review
(``POR'') is July 1, 2005, through June 30, 2006. Further, requests for
review of the antidumping duty order for the following companies were
withdrawn: Industria Alimentare Colavita S.p.A. (``Indalco'') and
Corticella Molini e Pastifici S.p.A. and its affiliate Pasta
Combattenti S.p.A. (collectively, ``Corticella/Combattenti''). We
rescinded the review with respect to Indalco and Corticella/Combattenti
on July 12, 2007. In addition we are rescinding the review with respect
to Atar, S.r.L. (``Atar'').As a result of our analysis of the comments
received, these final results differ from the preliminary results.
EFFECTIVE DATE: December 11, 2007.
FOR FURTHER INFORMATION CONTACT: Dennis McClure (Atar) and Chris
Hargett (Rummo), AD/CVD Operations, Office 3, Import Administration,
International Trade Administration, U.S. Department of Commerce,
Washington, DC 20230; telephone: (202) 482-5973 and (202) 482-4161,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2007, the Department published the preliminary results
of the tenth administrative review of the antidumping duty order on
certain pasta from Italy. See Notice of Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review: Tenth
Administrative Review of the Antidumping Duty Order on Certain Pasta
from Italy, 72 FR 44082 (August 7, 2007) (``Preliminary Results'').
Atar and Rummo submitted briefs on September 6, 2007. The
petitioners submitted their rebuttal brief to Atar on September 14,
2007. A public hearing was held on October 11, 2007.
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 Bioagricoop Scrl, by QC&I International Services, by
Ecocert Italia, by Consorzio per il Controllo dei Prodotti Biologici,
or by Associazione Italiana per l'Agricoltura Biologica.
[[Page 70299]]
In addition, based on publicly available information, the
Department has determined that, as of March 13, 2003, imports of
organic pasta from Italy that are accompanied by the appropriate
certificate issued by Instituto per la Certificazione Etica e
Ambientale (``ICEA'') are also excluded from this order. See Memorandum
from Audrey Twyman to Susan Kuhbach, dated February 28, 2006, entitled
``Recognition of Instituto per la Certificazione Etica e Ambientale
(``ICEA'') as a Public Authority for Certifying Organic Pasta from
Italy'' which is on file in the Department's Central Records Unit
(``CRU'').
The merchandise subject to this order is currently classifiable
under item 1902.19.20 of the Harmonized Tariff Schedule of the United
States (``HTSUS''). The merchandise subject to this order is also
classifiable under item 1901.90.9095. See Memorandum from Dennis
McClure to James Terpstra, RE: Request for AD/CVD Module Update with
the Addition of HTSUS Number for Pasta from Italy (A-475-818), November
1, 2006. Although the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the merchandise
subject to the order is dispositive.
Rescission of Review
In the Preliminary Results, we stated that we were preliminarily
rescinding the review with respect to Atar because we determined that
it was not a manufacturer of subject merchandise. Since our preliminary
results were published, the Department received comments regarding the
preliminary decision to rescind this review for Atar, in accordance
with 19 CFR 351.401(h). In the Issues and Decision Memorandum
accompanying this notice, we discuss the Department's decision to
rescind this review for Atar.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum, which is hereby adopted by this notice. A list of the
issues which parties have raised, and to which we have responded in the
Issues and Decision Memorandum, is attached to this notice as an
Appendix. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the Web at https://
ia.ita.doc.gov/frn. The paper copy and electronic version of the Issues
and Decision Memorandum are identical in content.
Final Results of Review
We determine that the following weighted-average margin exists for
the period July 1, 2005, through June 30, 2006:
------------------------------------------------------------------------
Manufacturer/exporter Margin (percent)
------------------------------------------------------------------------
Rummo............................................... 1.41
------------------------------------------------------------------------
Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries, pursuant to section 751(a)(1)(B) of the Tariff Act
of 1930, as amended (``the Act''), and 19 CFR 351.212(b). The
Department calculated importer-specific duty assessment rates on the
basis of the ratio of the total antidumping duties calculated for the
examined sales to the total entered value of the examined sales for
that importer. Where the assessment rate is above de minimis, we will
instruct CBP to assess duties on all entries of subject merchandise by
that importer. The Department intends to issue assessment instructions
to CBP 15 days after the date of publication of these final results of
review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003 (68 FR 23954). This clarification will apply to entries of
subject merchandise during the period of review produced by companies
included in these preliminary results of review for which the reviewed
companies did not know their merchandise was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction. For a full discussion of this
clarification, see Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of the administrative
review for all shipments of certain pasta from Italy entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of these final results, as provided by section 751(a)(1) of
the Act: (1) The cash deposit rate for Rummo will be the rate shown
above; (2) for previously reviewed or investigated companies not listed
above, the cash deposit rate will continue to be the company-specific
rate published for the most recent period; (3) if the exporter is not a
firm covered in this review, a prior review, or the original less-than-
fair-value investigation, but the manufacturer is, the cash deposit
rate will be the rate established for the most recent period for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 15.45 percent, the
all-others rate established in the implementation of the findings of
the WTO Panel in US Zeroing (EC). See Implementation of the Findings of
the WTO Panel in US Zeroing (EC): Notice of Determinations Under
Section 129 of the Uruguay Round Agreements Act and Revocations and
Partial Revocations of Certain Antidumping Duty Orders, 72 FR 25261
(May 4, 2007). These deposit requirements shall remain in effect until
further notice.
Notification
This notice also 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 and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement may result in the Secretary's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent increase in antidumping duties by
the amount of antidumping and/or countervailing duties reimbursed.This
notice also serves as a reminder to parties subject to administrative
protective order (``APO'') of their responsibility concerning the
disposition of proprietary information disclosed under APO in
accordance with 19 CFR 351.305. Timely notification of the return/
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO are sanctionable violations.
We are issuing and publishing these final results of review and
notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act.
[[Page 70300]]
Dated: December 4, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
APPENDIX I
List of Comments in the Issues and Decision Memorandum
Rummo S.p.A. Molino e Pastificio
Comment 1: Application of the Countervailing Duty (``CVD'') offset in
calculating Rummo's dumping margin
Atar, S.r.L.
Comment 2: Analysis of Atar's Status as a Manufacturer
Comment 3: Treatment of Atar as a Reseller/Exporter
Comment 4: Legal Authority for Terminating Review with Respect to Atar
[FR Doc. E7-23968 Filed 12-10-07; 8:45 am]
BILLING CODE 3510-DS-S
