Certain Pasta From Italy: Notice of Final Results of the Eleventh Administrative Review and Partial Rescission of Review, 75400-75402 [E8-29393]
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75400
Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Notices
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). The
Department intends to issue assessment
instructions directly to CBP 15 days
after publication of these final results of
review.
Cash Deposit Requirements
The following antidumping duty
deposit rates will be effective upon
publication of the final results of this
administrative review for all shipments
of SSPC from Belgium entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of these final results, as provided
for by section 751(a)(1) of the Act: (1) for
U&A Belgium, the cash deposit rate will
be the rate established in the final
results of this review; (2) if the exporter
is not a firm covered in this review, but
was covered in a previous review or the
original less–than-fair–value (LTFV)
investigation, the cash deposit rate will
continue to be the company–specific
rate established for the most recent
period; (3) if the exporter is not a firm
covered in this review, a prior review,
or the LTFV investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the subject merchandise; and (4) if
neither the exporter nor the
manufacturer is a firm covered by this
review, a prior review, or the LTFV
investigation, the cash deposit rate will
be 9.86 percent ad valorem, the ‘‘all–
others’’ rate established in the LTFV
investigation. See Notice of Final
Determination of Sales at Less Than
Fair Value: Stainless Steel Plate in Coils
from Belgium, 64 FR 15476 (March 31,
1999). These deposit rates, when
imposed, shall remain in effect until
further notice.
mstockstill on PROD1PC66 with NOTICES
Notification to Importers
This notice serves as a final 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
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
VerDate Aug<31>2005
17:27 Dec 10, 2008
Jkt 217001
Notification Regarding APOs
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(5). 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 sanctionable violation.
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: December 3, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
SUPPLEMENTARY INFORMATION:
APPENDIX
Background
List of Issues
Comment 1: Whether the Disallowance
of Offsets for Non–Dumped Sales is in
Accordance with the Statute and the
International Obligations of the United
States
Comment 2: Whether to Revise the Date
of Sale for Certain Home Market Sales
Comment 3: Whether to Incorporate the
Department’s Findings in the Ongoing
Scope Inquiry
Comment 4: Whether to apply an
Alternative Cost–Averaging
Methodology
[FR Doc. E8–29410 Filed 12–10–08; 8:45 am]
BILLING CODE 3510–DS–S
International Trade Administration
(A–475–818)
Certain Pasta From Italy: Notice of
Final Results of the Eleventh
Administrative Review and Partial
Rescission of Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 6, 2008, the
Department of Commerce (the
Department) published the preliminary
results of the eleventh administrative
review for the antidumping duty order
on certain pasta from Italy. The review
covers four manufacturers/exporters: F.
Divella SpA (Divella), Pasta Zara SpA 1
and Pasta Zara SpA 2 (collectively,
Zara), Pastificio Di Martino Gaetano & F.
lli SrL (Gaetano), and Pastificio Felicetti
SrL (Felicetti). The period of review
(POR) is July 1, 2006, through June 30,
Frm 00017
Fmt 4703
On August 6, 2008, the Department
published the preliminary results of the
eleventh administrative review of the
antidumping duty order on certain pasta
from Italy. See Certain Pasta from Italy:
Notice of Preliminary Results of
Eleventh Antidumping Duty
Administrative Review, 73 FR 45716
(August 6, 2008) (Preliminary Results).
Petitioners2, Divella, and Zara
submitted case briefs on October 20,
2008, and rebuttal briefs on October 27,
2008. On August 15, 2008, Divella and
Zara requested a hearing. A public
hearing was held on October 29, 2008.
Scope of the Order
DEPARTMENT OF COMMERCE
PO 00000
2007. Divella and Zara were selected as
mandatory respondents.1
As a result of our analysis of the
comments received, the final results
differ from the preliminary results for
Zara, Gaetano and Felicetti. The final
weighted–average dumping margins for
these companies are listed below in the
‘‘Final Results of Review’’ section of this
notice.
EFFECTIVE DATE: December 11, 2008.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore (Zara) and Christopher
Hargett (Divella), AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202)
482–3692 and (202) 482–4161,
respectively.
Sfmt 4703
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
1 See Memorandum to Melissa Skinner, Director,
Office 3, from Team regarding Selection of
Respondents for Individual Review, October 15,
2007.
2 Petitioners are New World Pasta Company,
Dakota Growers Pasta Company, and American
Italian Pasta Company.
E:\FR\FM\11DEN1.SGM
11DEN1
Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Notices
pasta from Italy that are accompanied by
the appropriate certificate issued by the
Instituto Mediterraneo Di Certificazione,
by QC&I International Services, by
Ecocert Italia, by Consorzio per il
Controllo dei Prodotti Biologici, by
Associazione Italiana per l’Agricoltura
Biologica, by Codex S.r.L., by
Bioagricert S.r.L., or by Instituto per la
Certificazione Etica e Ambientale. The
merchandise subject to this order is
currently classifiable under items
1902.19.20 and 1901.90.9095 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to the order is dispositive.
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/,
and is on file in the Central Records
Unit, main Commerce Building, room
1117. 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, 2006, through June 30,
2007:
Manufacturer/exporter
Margin (percent)
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. 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 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
For those companies not selected as
of certain pasta from Italy entered, or
mandatory respondents, we determine
withdrawn from warehouse, for
that the following simple average
consumption on or after the date of
percentage margin3 (based on the two
publication of these final results, as
reviewed companies) exists for the
provided by section 751(a)(1) of the Act:
period July 1, 2006, through June 30,
(1) The cash deposit rates for Divella,
2007:
Zara, Gaetano, and Felicetti will be the
rates shown above; (2) for previously
Manufacturer/exporter
Margin (percent)
reviewed or investigated companies not
listed above, the cash deposit rate will
Gaetano ........................
6.27
continue to be the company specific rate
Felicetti .........................
6.27
published for the most recent period; (3)
if the exporter is not a firm covered in
3 Because there are only two respondents for
this review, a prior review, or the
which a company-specific margin was calculated in original less–than-fair–value
this review, the Department has calculated a simple
investigation, but the manufacturer is,
average margin to ensure that the total import
the cash deposit rate will be the rate
quantity and value for each company is not
inadvertently revealed.
established for the most recent period
Divella ...........................
Zara ..............................
mstockstill on PROD1PC66 with NOTICES
Assessment Rates
VerDate Aug<31>2005
17:27 Dec 10, 2008
2.83
9.71
Jkt 217001
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
75401
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 cash 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 Secretarys’ presumption
that reimbursement of antidumping
and/or countervailing duties occurred
and the subsequent assessment of
double antidumping duties.
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.
Dated: December 4, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix I
List of Comments in the Issues and
Decision Memorandum
General
Comment 1: Legal Standard for Level of
Trade
F. Divella S.p.A.
Comment 2: Home Market Advertising
Expenses
Comment 3: Home Market Level of
Trade
E:\FR\FM\11DEN1.SGM
11DEN1
75402
Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Notices
Comment 4: HANDLH Should be
Included in the Home Market Net Price
Calculation
Pasta Zara S.p.A.
Comment 5: Treatment of Billing
Adjustments
Comment 6: Direct Selling Expenses
Comment 7: Whether Zara U.S. Sales are
CEP or EP
Comment 8: Zara’s Home Market Level
of Trade
Comment 9: Wheat Code Classification
Comment 10: Calculation of the G&A
and Financial Expense Ratios
Comment 11: Treatment of Sales
Proceeds with Respect to the Cost of
Production
[FR Doc. E8–29393 Filed 12–10–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
II. Method of Collection
The paper forms are currently
required to be signed and mailed.
Proposed Information Collection;
Comment Request; Capital
Construction Fund—Deposit/
Withdrawal Report
AGENCY: National Oceanic and
Atmospheric Administration (NOAA).
ACTION: Notice.
SUMMARY: The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before February 9, 2009.
ADDRESSES: Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6625,
14th and Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Charles L. Cooper at (301)
713–2396 or Charles.Cooper@noaa.gov.
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with NOTICES
I. Abstract
The respondents will be commercial
fishing industry individuals,
partnerships, and corporations which
entered into Capital Construction Fund
agreements with the Secretary of
Commerce allowing deferral of Federal
VerDate Aug<31>2005
17:27 Dec 10, 2008
Jkt 217001
taxation on fishing vessel income
deposited into the fund for use in the
acquisition, construction, or
reconstruction of fishing vessels.
Deferred taxes are recaptured by
reducing an agreement vessel’s basis for
depreciation by the amount withdrawn
from the fund for its acquisition,
construction, or reconstruction. The
deposit/withdrawal information
collected from agreement holders are
required pursuant to 50 CFR 259.35 and
Public Law 99–514 (The Tax Reform
Act, 1986). The information collected is
required to ensure that agreement
holders are complying with fund
deposit/withdrawal requirements
established in program regulations and
properly accounting for fund activity on
their Federal income tax returns. The
information collected must also be
reported semi-annually to the Secretary
of Treasury in accordance with the Tax
Reform Act, 1986.
III. Data
OMB Control Number: 0648–0041.
Form Number: NOAA Form 34–82.
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
3,600.
Estimated Time per Response: 20
minutes.
Estimated Total Annual Burden
Hours: 1,200.
Estimated Total Annual Cost to
Public: $21,060 in recordkeeping/
reporting costs.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
Dated: December 5, 2008.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E8–29270 Filed 12–10–08; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0061]
Federal Acquisition Regulation;
Information Collection; Transportation
Requirements
AGENCIES: Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice of request for public
comments regarding an extension to an
existing OMB clearance.
SUMMARY: Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the Federal
Acquisition Regulation (FAR)
Secretariat will be submitting to the
Office of Management and Budget
(OMB) a request to review and approve
an extension of a currently approved
information collection requirement
concerning transportation requirements.
The clearance currently expires on
December 31, 2008.
Public comments are particularly
invited on: Whether this collection of
information is necessary for the proper
performance of functions of the FAR,
and whether it will have practical
utility; whether our estimate of the
public burden of this collection of
information is accurate, and based on
valid assumptions and methodology;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways in which we can
minimize the burden of the collection of
information on those who are to
respond, through the use of appropriate
technological collection techniques or
other forms of information technology.
DATES: Submit comments on or before
February 9, 2009.
ADDRESSES: Submit comments regarding
this burden estimate or any other aspect
of this collection of information,
including suggestions for reducing this
burden to the General Services
Administration, FAR Secretariat (VPR),
1800 F Street, NW., Room 4035,
Washington, DC 20405.
E:\FR\FM\11DEN1.SGM
11DEN1
]]>Agencies
[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Notices]
[Pages 75400-75402]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29393]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-475-818)
Certain Pasta From Italy: Notice of Final Results of the Eleventh
Administrative Review and Partial Rescission of Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 6, 2008, the Department of Commerce (the Department)
published the preliminary results of the eleventh administrative review
for the antidumping duty order on certain pasta from Italy. The review
covers four manufacturers/exporters: F. Divella SpA (Divella), Pasta
Zara SpA 1 and Pasta Zara SpA 2 (collectively, Zara), Pastificio Di
Martino Gaetano & F. lli SrL (Gaetano), and Pastificio Felicetti SrL
(Felicetti). The period of review (POR) is July 1, 2006, through June
30, 2007. Divella and Zara were selected as mandatory respondents.\1\
---------------------------------------------------------------------------
\1\ See Memorandum to Melissa Skinner, Director, Office 3, from
Team regarding Selection of Respondents for Individual Review,
October 15, 2007.
---------------------------------------------------------------------------
As a result of our analysis of the comments received, the final
results differ from the preliminary results for Zara, Gaetano and
Felicetti. The final weighted-average dumping margins for these
companies are listed below in the ``Final Results of Review'' section
of this notice.
EFFECTIVE DATE: December 11, 2008.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Zara) and Christopher
Hargett (Divella), AD/CVD Operations, Office 3, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14\th\
Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202) 482-3692 and (202) 482-4161, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 6, 2008, the Department published the preliminary results
of the eleventh administrative review of the antidumping duty order on
certain pasta from Italy. See Certain Pasta from Italy: Notice of
Preliminary Results of Eleventh Antidumping Duty Administrative Review,
73 FR 45716 (August 6, 2008) (Preliminary Results).
Petitioners\2\, Divella, and Zara submitted case briefs on October
20, 2008, and rebuttal briefs on October 27, 2008. On August 15, 2008,
Divella and Zara requested a hearing. A public hearing was held on
October 29, 2008.
---------------------------------------------------------------------------
\2\ Petitioners are New World Pasta Company, Dakota Growers
Pasta Company, and American Italian Pasta Company.
---------------------------------------------------------------------------
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
[[Page 75401]]
pasta from Italy that are accompanied by the appropriate certificate
issued by the Instituto Mediterraneo Di Certificazione, by QC&I
International Services, by Ecocert Italia, by Consorzio per il
Controllo dei Prodotti Biologici, by Associazione Italiana per
l'Agricoltura Biologica, by Codex S.r.L., by Bioagricert S.r.L., or by
Instituto per la Certificazione Etica e Ambientale. The merchandise
subject to this order is currently classifiable under items 1902.19.20
and 1901.90.9095 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the merchandise
subject to the order is dispositive.
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/, and is on file in the Central Records Unit, main
Commerce Building, room 1117. 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, 2006, through June 30, 2007:
------------------------------------------------------------------------
Manufacturer/exporter Margin (percent)
------------------------------------------------------------------------
Divella............................................. 2.83
Zara................................................ 9.71
------------------------------------------------------------------------
For those companies not selected as mandatory respondents, we
determine that the following simple average percentage margin\3\ (based
on the two reviewed companies) exists for the period July 1, 2006,
through June 30, 2007:
---------------------------------------------------------------------------
\3\ Because there are only two respondents for which a company-
specific margin was calculated in this review, the Department has
calculated a simple average margin to ensure that the total import
quantity and value for each company is not inadvertently revealed.
------------------------------------------------------------------------
Manufacturer/exporter Margin (percent)
------------------------------------------------------------------------
Gaetano............................................. 6.27
Felicetti........................................... 6.27
------------------------------------------------------------------------
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. 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
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 rates for Divella, Zara, Gaetano, and
Felicetti will be the rates 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 cash 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 Secretarys'
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
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.
Dated: December 4, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I
List of Comments in the Issues and Decision Memorandum
General
Comment 1: Legal Standard for Level of Trade
F. Divella S.p.A.
Comment 2: Home Market Advertising Expenses
Comment 3: Home Market Level of Trade
[[Page 75402]]
Comment 4: HANDLH Should be Included in the Home Market Net Price
Calculation
Pasta Zara S.p.A.
Comment 5: Treatment of Billing Adjustments
Comment 6: Direct Selling Expenses
Comment 7: Whether Zara U.S. Sales are CEP or EP
Comment 8: Zara's Home Market Level of Trade
Comment 9: Wheat Code Classification
Comment 10: Calculation of the G&A and Financial Expense Ratios
Comment 11: Treatment of Sales Proceeds with Respect to the Cost of
Production
[FR Doc. E8-29393 Filed 12-10-08; 8:45 am]
BILLING CODE 3510-DS-S
