Certain Pasta From Italy: Notice of Final Results of the Eleventh Administrative Review and Partial Rescission of Review, 75400-75402 [E8-29393]

Download as PDF 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upon publication of the final results of this administrative review for all shipments of SSPC from Belgium entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided for by section 751(a)(1) of the Act: (1) for U&A Belgium,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 http://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]


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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 http://
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