Certain Pasta from Italy: Final Results of the 12th (2007) Countervailing Duty Administrative Review, 47204-47206 [E9-22189]
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Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices
Songa
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification to Interested Parties
This notice serves as the only
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(a)(3). Timely
written notification of 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 is a sanctionable violation.
We are issuing and publishing these
final results of review in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
September 8, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Background
Comment 15: Revision of Count–Size
Range Model–Match Coding for Certain
Head–On Shrimp Products
Comment 16: Completeness of Indirect
Selling Expense Reporting
Comment 17: Inclusion of Foreign
Exchange Losses in Songa’s Financial
Expense Ratio
Comment 18: Treatment of Depreciation
for Revalued Fixed Assets in Fixed
Overhead Costs
Comment 19: Amortization of the Cost
of Export Certificates in Financial
Expenses
On July 24, 1996, the Department
published a CVD order on certain pasta
(‘‘pasta’’ or ‘‘subject merchandise’’) from
Italy. See Notice of Countervailing Duty
Order and Amended Final Affirmative
Countervailing Duty Determination:
Certain Pasta From Italy, 61 FR 38544
(July 24, 1996). On July 11, 2008, the
Department published a notice of
‘‘Opportunity to Request Administrative
Review’’ of this CVD order for calendar
year 2007, the period of review (‘‘POR’’).
See Antidumping or Countervailing
Duty Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review, 73 FR 39948
(July 11, 2008). On July 28, 2008, we
received such a request from F.lli De
Cecco di Filippo Fara San Martino
S.p.A. (‘‘De Cecco’’). On July 31, 2008,
we received a review request for review
from De Matteis. On July 31, 2008, we
received a collective request from New
World Pasta Company, American Italian
Pasta Company, and Dakota Growers
Pasta Company (‘‘petitioners’’) for a
review of De Matteis. In accordance
with 19 CFR 351.221(c)(1)(i), we
published a notice of initiation of this
review on August 26, 2008. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, 73 FR 50308 (August 26, 2008).
On September 15, 2008, we issued
CVD questionnaires to the Commission
of the European Union (‘‘EU’’), the
Government of Italy (‘‘GOI’’), De
Matteis, and De Cecco. We received
responses to our questionnaires in
October and November 2008. On
December 22, 2008, De Cecco withdrew
its request for review. On January 27,
2009, we rescinded the review with
respect to De Cecco. See Certain Pasta
From Italy: Notice of Partial Rescission
of Twelfth (2007) Countervailing Duty
Administrative Review, 74 FR 4734
(January 27, 2009).
We issued supplemental
questionnaires to De Matteis and the
GOI in December 2008, January 2009,
and March 2009, and we received
responses to our supplemental
questionnaires in December 2008,
February 2009, March 2009, and April
2009.
Since the publication of the
Preliminary Results, we invited
interested parties to submit briefs. No
briefs were received.
Comment 21: Offset Adjustment to G&A
Expenses for Certain Non–Operating
Income Items
[FR Doc. E9–22186 Filed 9–14–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Appendix Issues in Decision Memo
General Comments:
[C–475–819]
Comment 1: Offsetting of Negative
Margins
Certain Pasta from Italy: Final Results
of the 12th (2007) Countervailing Duty
Administrative Review
Comment 2: Using CBP Data for
Respondent Selection
Comment 3: Restricting Count–Size
Comparisons Under the Model–
Matching Methodology
Comment 4: Assessment Rate Assigned
to Companies Receiving the Review–
Specific Average Rate
Comment 5: Reporting of Raw Material
Costs
Company–Specific Comments:
Promarisco
sroberts on DSKD5P82C1PROD with NOTICES
Comment 6: Use of Adverse Facts
Available to Calculate Promarisco’s
Imputed Credit Expenses
Comment 7: Treatment of Promarisco’s
Bill of Lading Fees and Analysis and
Inspection Fees
Comment 8: Adjustment of Promarisco’s
Indirect Selling Expenses
Comment 9: Treatment of Promarisco’s
U.S. and Comparison–Market Billing
Adjustments
Comment 10: Payment Date Assigned
for Certain U.S. sales
Comment 11: Treatment of Write–offs in
G&A Expenses
Comment 12: Treatment of Promarisco’s
Interest Income Offset
Comment 13: Processing Costs for
Block–Frozen Products
Comment 14: Calculation of Entered
Value for a Certain U.S. Sale
VerDate Nov<24>2008
19:12 Sep 14, 2009
Jkt 217001
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (‘‘the Department’’) has
completed its administrative review of
the countervailing duty (‘‘CVD’’) order
on certain pasta from Italy for the period
January 1, 2007, through December 31,
2007. On May 28, 2009, we published
the Preliminary Results of this review.
See Certain Pasta from Italy:
Preliminary Results of the 12th (2007)
Countervailing Duty Administrative
Review, 74 FR 25489 (May 28, 2009)
(‘‘Preliminary Results’’). We did not
receive any comments on the
Preliminary Results and have made no
revisions. We find that De Matteis
Agroalimentare S.p.A. (‘‘De Matteis’’)
received countervailable subsidies. The
final net subsidy rate for De Matteis is
listed below in the section entitled
‘‘Final Results of Review.’’
EFFECTIVE DATE: September 15, 2009.
FOR FURTHER INFORMATION CONTACT:
Shelly Atkinson or Brandon Farlander,
AD/CVD Operations, Office 1, Import
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone (202) 482–0116 and (202)
482–0182, respectively.
SUPPLEMENTARY INFORMATION:
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Fmt 4703
Sfmt 4703
Period of Review
The period for which we are
measuring subsidies, or POR, is January
1, 2007, through December 31, 2007.
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Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices
sroberts on DSKD5P82C1PROD with NOTICES
Scope of the Order
Scope Rulings
Imports covered by the 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 the scope
of the order 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 the order
are refrigerated, frozen, or canned
pastas, as well as all forms of egg pasta,
with the exception of non–egg dry pasta
containing up to two percent egg white.
Also excluded are imports of organic
pasta from Italy that are accompanied by
the appropriate certificate issued by the
Instituto Mediterraneo Di Certificazione,
Bioagricoop S.r.l., QC&I International
Services, Ecocert Italia, Consorzio per il
Controllo dei Prodotti Biologici,
Associazione Italiana per l′Agricoltura
Biologica, or Codex S.r.l. In addition,
based on publicly available information,
the Department has determined that, as
of August 4, 2004, imports of organic
pasta from Italy that are accompanied by
the appropriate certificate issued by
Bioagricert S.r.l. are also excluded from
the order. See Memorandum from Eric
B. Greynolds to Melissa G. Skinner,
dated August 4, 2004, which is on file
in the Department’s Central Records
Unit (‘‘CRU’’) in Room 1117 of the main
Department building. 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 are also excluded from the
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 CRU.
The merchandise subject to review is
currently classifiable under items
1901.90.90.95 and 1902.19.20 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.
The Department has issued the
following scope rulings to date:
(1) On August 25, 1997, the
Department issued a scope ruling
finding that multicolored pasta,
imported in kitchen display bottles of
decorative glass that are sealed with
cork or paraffin and bound with raffia,
is excluded from the scope of the
antidumping (‘‘AD’’) and CVD orders.
See Memorandum from Edward Easton
to Richard Moreland, dated August 25,
1997, which is on file in the CRU.
(2) On July 30, 1998, the Department
issued a scope ruling finding that
multipacks consisting of six one–pound
packages of pasta that are shrink–
wrapped into a single package are
within the scope of the AD and CVD
orders. See Letter from Susan H.
Kuhbach to Barbara P. Sidari, dated July
30, 1998, which is on file in the CRU.
(3) On October 26, 1998, the
Department self–initiated a scope
inquiry to determine whether a package
weighing over five pounds as a result of
allowable industry tolerances is within
the scope of the AD and CVD orders. On
May 24, 1999, we issued a final scope
ruling finding that, effective October 26,
1998, pasta in packages weighing or
labeled up to (and including) five
pounds four ounces is within the scope
of the AD and CVD orders. See
Memorandum from John Brinkmann to
Richard Moreland, dated May 24, 1999,
which is on file in the CRU.
(4) On April 27, 2000, the Department
self–initiated an anti–circumvention
inquiry to determine whether Pastificio
Fratelli Pagani S.p.A.’s importation of
pasta in bulk and subsequent
repackaging in the United States into
packages of five pounds or less
constitutes circumvention with respect
to the AD and CVD orders on pasta from
Italy pursuant to section 781(a) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), and 19 CFR 351.225(b). See
Certain Pasta From Italy: Notice of
Initiation of Anti–Circumvention Inquiry
on the Antidumping and Countervailing
Duty Orders, 65 FR 26179 (May 5, 2000).
On September 19, 2003, we published
an affirmative finding of the anti–
circumvention inquiry. See Anti–
Circumvention Inquiry of the
Antidumping and Countervailing Duty
Orders on Certain Pasta from Italy:
Affirmative Final Determinations of
Circumvention of Antidumping and
Countervailing Duty Orders, 68 FR
54888 (September 19, 2003).
VerDate Nov<24>2008
19:12 Sep 14, 2009
Jkt 217001
Final Results of Review
In accordance with section 777A(e)(1)
of the Act and 19 CFR 351.221(b)(5), we
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Frm 00021
Fmt 4703
Sfmt 4703
calculated an individual subsidy rate for
the producer/exporter covered by this
administrative review. Neither the
petitioners nor the respondents
commented on the Preliminary Results,
and we found that no changes were
warranted. Therefore, we have made no
changes to the net subsidy rate
calculated for the Preliminary Results.
For the period January 1, 2007,
through December 31, 2007, we find the
net subsidy rate for the producer/
exporter under review to be the rate
specified in the chart shown below:
Producer/Exporter
Net Subsidy Rate
De Matteis
Agroalimentare S.p.A.
‘‘All Others’’ Rate ..........
2.48 percent
3.85 percent
Listed below are the programs we
examined in the review and our
findings with respect to each of these
programs. For a complete analysis of the
programs found to be countervailable,
not countervailable and terminated, see
Preliminary Results.
I. Programs Determined to be
Countervailable
A. Industrial Development Grants
Under Law 64/86
B. Industrial Development Grants
Under Law 488/92
C. European Regional Development
Fund (‘‘ERDF’’) Programma
Operativo Plurifondo (‘‘P.O.P.’’)
Grant
D. Social Security Reductions and
Exemptions Sgravi
1. Law 196/97
2. Law 407/90
C. Law 289/02
1. Article 62 - Investments in
Disadvantaged Areas
2. Article 63 - Increase in
Employment
C. Law 662/96 Patti Territoriali
D. Law 662/96 Contratto di
Programma
II. Programs Determined to be Not
Countervailable
A. Social Security Reductions and
Exemptions Sgravi
1. Law 223/91
a. Article 8, Paragraph 2
2. Legislative Decree (‘‘L.D.’’) 276/03
(modification to Law 25/55)
III. Programs Determined to Not be
Used
A. Grant Received Pursuant to the
Community Initiative Concerning
the Preparation of Enterprises for
E:\FR\FM\15SEN1.SGM
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Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices
the Single Market (‘‘PRISMA’’)
B. European Regional Development
Fund (‘‘ERDF’’) Programma
Operativo Multiregionale
(‘‘P.O.M.’’) Grant
C. Certain Social Security Reductions
and Exemptions Sgravi (including
Law 223/91, Article 8, Paragraph 4
and Article 25, Paragraph 9)
D. Law 236/93 Training Grants
E. Law 1329/65 Interest Contributions
(Sabatini Law) (Formerly Lump–
Sum Interest Payment Under the
Sabatini Law for Companies in
Southern Italy)
F. Development Grants Under Law 30
of 1984
G. Law 908/55 Fondo di Rotazione
Iniziative Economiche (Revolving
Fund for Economic Initiatives)
Loans
H. Law 317/91 Benefits for Innovative
Investments
I. Brescia Chamber of Commerce
Training Grants
J. Ministerial Decree 87/02
K. Law 10/91 Grants to Fund Energy
Conservation
L. Export Restitution Payments
M. Export Credits Under Law 227/77
N. Capital Grants Under Law 675/77
O. Retraining Grants Under Law 675/
77
P. Interest Contributions on Bank
Loans Under Law 675/77
Q. Preferential Financing for Export
Promotion Under Law 394/81
R. Urban Redevelopment Under Law
181
S. Industrial Development Grants
Under Law 183/76
T. Interest Subsidies Under Law 598/
94
U. Duty–Free Import Rights
V. European Social Fund Grants
W. Law 113/86 Training Grants
X. European Agricultural Guidance
and Guarantee Fund
Y. Law 341/95 Interest Contributions
on Debt Consolidation Loans
(Formerly Debt Consolidation Law
341/95)
Z. Interest Grants Financed by IRI
Bonds
AA. Article 44 of Law 448/01
sroberts on DSKD5P82C1PROD with NOTICES
IV. Programs Determined To Have Been
Terminated
A. Social Security Reductions and
Exemptions - Sgravi
1. Law 863/84
V. Previously Terminated Programs
A. Regional Tax Exemptions Under
IRAP
B. VAT Reductions Under Laws 64/86
VerDate Nov<24>2008
19:12 Sep 14, 2009
Jkt 217001
and 675/55
C. Corporate Income Tax (‘‘IRPEG’’)
D. Remission of Taxes on Export
Credit Insurance Under Article 33
of Law 227/77
E. Export Marketing Grants Under
Law 304/90
F. Tremonti Law 383/01
G. Social Security Reductions and
Exemptions - Sgravi
1. Article 44 of Law 448/01
2. Law 337/90
The calculations will be disclosed to
the interested parties in accordance
with 19 CFR 351.224(b).
The Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to assess countervailing duties for De
Matteis at the net subsidy rate shown
above. The Department intends to issue
appropriate instructions directly to CBP
15 days after publication of these final
results of review.
For all other companies that were not
reviewed (except Barilla G. e R. F.lli
S.p.A. and Gruppo Agricoltura Sana
S.r.l., which are excluded from the
order, and Pasta Lensi S.r.l., for which
the order was revoked), the Department
has directed CBP to assess
countervailing duties on all entries
between January 1, 2007, and December
31, 2007, at the rates in effect at the time
of entry.
The Department also intends to
instruct CBP to collect cash deposits of
estimated countervailing duties at the
rates shown above on all shipments of
the subject merchandise that are
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review.
For all non–reviewed firms (except
Barilla G. e R. F.lli S.p.A. and Gruppo
Agricoltura Sana S.r.l., which are
excluded from the order, and Pasta
Lensi S.r.l., for which the order was
revoked), we will instruct CBP to collect
cash deposits of estimated
countervailing duties at the most recent
company–specific or all–others rate
applicable to the company. These rates
shall apply to all non–reviewed
companies until a review of a company
assigned these rates is requested.
This notice 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(a)(3). Timely
written notification of return or
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 is a sanctionable violation.
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: September 8, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–22189 Filed 9–14–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–AY22
Fisheries of the Caribbean, Gulf of
Mexico, South Atlantic; Gulf of Mexico
Fisheries; Generic Amendment for
Annual Catch Limits
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Administration (NOAA), Commerce.
ACTION: Notice of Intent (NOI) to
prepare a draft environmental impact
statement (DEIS); notice of scoping
meetings; requests for comments.
SUMMARY: The Gulf of Mexico Fishery
Management Council (Council) and
NMFS intend to prepare a DEIS to
describe and analyze management
alternatives to be included in a generic
amendment to five of the Fishery
Management Plans (FMPs) for the Gulf
of Mexico. These alternatives will
consider measures to implement annual
catch limits (ACLs), accountability
measures (AMs), and record keeping
and reporting requirements. This notice
of intent solicits public comments on
the scope of issues to be addressed in
the DEIS.
DATES: Written comments on the scope
of issues to be addressed in the DEIS
must be received by the Council October
15, 2009. A series of scoping meetings
will be held in September 2009. See
SUPPLEMENTARY INFORMATION below for
the specific dates, times, and locations
of the scoping meetings.
ADDRESSES: Written comments on the
scope of the DEIS, suggested alternatives
and potential impacts, and requests for
additional information should be sent to
Rich Malinowski, NMFS, 263 13th
Avenue South, Saint Petersburg, FL
33701–5505; fax 727–825–5308; or to
the Gulf of Mexico Fishery Management
Council, 2203 North Lois Avenue, Suite
1100, Tampa, FL 33607; fax 813–348–
1711. Comments may also be sent by email to 0648–AY22@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Rich
Malinowski, phone: (727) 824–5305;
E:\FR\FM\15SEN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Notices]
[Pages 47204-47206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22189]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-819]
Certain Pasta from Italy: Final Results of the 12th (2007)
Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (``the Department'') has
completed its administrative review of the countervailing duty
(``CVD'') order on certain pasta from Italy for the period January 1,
2007, through December 31, 2007. On May 28, 2009, we published the
Preliminary Results of this review. See Certain Pasta from Italy:
Preliminary Results of the 12th (2007) Countervailing Duty
Administrative Review, 74 FR 25489 (May 28, 2009) (``Preliminary
Results''). We did not receive any comments on the Preliminary Results
and have made no revisions. We find that De Matteis Agroalimentare
S.p.A. (``De Matteis'') received countervailable subsidies. The final
net subsidy rate for De Matteis is listed below in the section entitled
``Final Results of Review.''
EFFECTIVE DATE: September 15, 2009.
FOR FURTHER INFORMATION CONTACT: Shelly Atkinson or Brandon Farlander,
AD/CVD Operations, Office 1, Import Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230; telephone (202) 482-0116 and (202) 482-0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, the Department published a CVD order on certain
pasta (``pasta'' or ``subject merchandise'') from Italy. See Notice of
Countervailing Duty Order and Amended Final Affirmative Countervailing
Duty Determination: Certain Pasta From Italy, 61 FR 38544 (July 24,
1996). On July 11, 2008, the Department published a notice of
``Opportunity to Request Administrative Review'' of this CVD order for
calendar year 2007, the period of review (``POR''). See Antidumping or
Countervailing Duty Order, Finding, or Suspended Investigation;
Opportunity To Request Administrative Review, 73 FR 39948 (July 11,
2008). On July 28, 2008, we received such a request from F.lli De Cecco
di Filippo Fara San Martino S.p.A. (``De Cecco''). On July 31, 2008, we
received a review request for review from De Matteis. On July 31, 2008,
we received a collective request from New World Pasta Company, American
Italian Pasta Company, and Dakota Growers Pasta Company
(``petitioners'') for a review of De Matteis. In accordance with 19 CFR
351.221(c)(1)(i), we published a notice of initiation of this review on
August 26, 2008. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 73 FR 50308 (August 26, 2008).
On September 15, 2008, we issued CVD questionnaires to the
Commission of the European Union (``EU''), the Government of Italy
(``GOI''), De Matteis, and De Cecco. We received responses to our
questionnaires in October and November 2008. On December 22, 2008, De
Cecco withdrew its request for review. On January 27, 2009, we
rescinded the review with respect to De Cecco. See Certain Pasta From
Italy: Notice of Partial Rescission of Twelfth (2007) Countervailing
Duty Administrative Review, 74 FR 4734 (January 27, 2009).
We issued supplemental questionnaires to De Matteis and the GOI in
December 2008, January 2009, and March 2009, and we received responses
to our supplemental questionnaires in December 2008, February 2009,
March 2009, and April 2009.
Since the publication of the Preliminary Results, we invited
interested parties to submit briefs. No briefs were received.
Period of Review
The period for which we are measuring subsidies, or POR, is January
1, 2007, through December 31, 2007.
[[Page 47205]]
Scope of the Order
Imports covered by the 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 the scope of the order 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 the order are refrigerated, frozen, or
canned pastas, as well as all forms of egg pasta, with the exception of
non-egg dry pasta containing up to two percent egg white. Also excluded
are imports of organic pasta from Italy that are accompanied by the
appropriate certificate issued by the Instituto Mediterraneo Di
Certificazione, Bioagricoop S.r.l., QC&I International Services,
Ecocert Italia, Consorzio per il Controllo dei Prodotti Biologici,
Associazione Italiana per l[quot]Agricoltura Biologica, or Codex S.r.l.
In addition, based on publicly available information, the Department
has determined that, as of August 4, 2004, imports of organic pasta
from Italy that are accompanied by the appropriate certificate issued
by Bioagricert S.r.l. are also excluded from the order. See Memorandum
from Eric B. Greynolds to Melissa G. Skinner, dated August 4, 2004,
which is on file in the Department's Central Records Unit (``CRU'') in
Room 1117 of the main Department building. 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 are also excluded from the 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 CRU.
The merchandise subject to review is currently classifiable under
items 1901.90.90.95 and 1902.19.20 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.
Scope Rulings
The Department has issued the following scope rulings to date:
(1) On August 25, 1997, the Department issued a scope ruling
finding that multicolored pasta, imported in kitchen display bottles of
decorative glass that are sealed with cork or paraffin and bound with
raffia, is excluded from the scope of the antidumping (``AD'') and CVD
orders. See Memorandum from Edward Easton to Richard Moreland, dated
August 25, 1997, which is on file in the CRU.
(2) On July 30, 1998, the Department issued a scope ruling finding
that multipacks consisting of six one-pound packages of pasta that are
shrink-wrapped into a single package are within the scope of the AD and
CVD orders. See Letter from Susan H. Kuhbach to Barbara P. Sidari,
dated July 30, 1998, which is on file in the CRU.
(3) On October 26, 1998, the Department self-initiated a scope
inquiry to determine whether a package weighing over five pounds as a
result of allowable industry tolerances is within the scope of the AD
and CVD orders. On May 24, 1999, we issued a final scope ruling finding
that, effective October 26, 1998, pasta in packages weighing or labeled
up to (and including) five pounds four ounces is within the scope of
the AD and CVD orders. See Memorandum from John Brinkmann to Richard
Moreland, dated May 24, 1999, which is on file in the CRU.
(4) On April 27, 2000, the Department self-initiated an anti-
circumvention inquiry to determine whether Pastificio Fratelli Pagani
S.p.A.'s importation of pasta in bulk and subsequent repackaging in the
United States into packages of five pounds or less constitutes
circumvention with respect to the AD and CVD orders on pasta from Italy
pursuant to section 781(a) of the Tariff Act of 1930, as amended (``the
Act''), and 19 CFR 351.225(b). See Certain Pasta From Italy: Notice of
Initiation of Anti-Circumvention Inquiry on the Antidumping and
Countervailing Duty Orders, 65 FR 26179 (May 5, 2000). On September 19,
2003, we published an affirmative finding of the anti-circumvention
inquiry. See Anti-Circumvention Inquiry of the Antidumping and
Countervailing Duty Orders on Certain Pasta from Italy: Affirmative
Final Determinations of Circumvention of Antidumping and Countervailing
Duty Orders, 68 FR 54888 (September 19, 2003).
Final Results of Review
In accordance with section 777A(e)(1) of the Act and 19 CFR
351.221(b)(5), we calculated an individual subsidy rate for the
producer/exporter covered by this administrative review. Neither the
petitioners nor the respondents commented on the Preliminary Results,
and we found that no changes were warranted. Therefore, we have made no
changes to the net subsidy rate calculated for the Preliminary Results.
For the period January 1, 2007, through December 31, 2007, we find
the net subsidy rate for the producer/exporter under review to be the
rate specified in the chart shown below:
------------------------------------------------------------------------
Producer/Exporter Net Subsidy Rate
------------------------------------------------------------------------
De Matteis Agroalimentare S.p.A..................... 2.48 percent
``All Others'' Rate................................. 3.85 percent
------------------------------------------------------------------------
Listed below are the programs we examined in the review and our
findings with respect to each of these programs. For a complete
analysis of the programs found to be countervailable, not
countervailable and terminated, see Preliminary Results.
I. Programs Determined to be Countervailable
A. Industrial Development Grants Under Law 64/86
B. Industrial Development Grants Under Law 488/92
C. European Regional Development Fund (``ERDF'') Programma
Operativo Plurifondo (``P.O.P.'') Grant
D. Social Security Reductions and Exemptions Sgravi
1. Law 196/97
2. Law 407/90
C. Law 289/02
1. Article 62 - Investments in Disadvantaged Areas
2. Article 63 - Increase in Employment
C. Law 662/96 Patti Territoriali
D. Law 662/96 Contratto di Programma
II. Programs Determined to be Not Countervailable
A. Social Security Reductions and Exemptions Sgravi
1. Law 223/91
a. Article 8, Paragraph 2
2. Legislative Decree (``L.D.'') 276/03 (modification to Law 25/55)
III. Programs Determined to Not be Used
A. Grant Received Pursuant to the Community Initiative Concerning
the Preparation of Enterprises for
[[Page 47206]]
the Single Market (``PRISMA'')
B. European Regional Development Fund (``ERDF'') Programma
Operativo Multiregionale (``P.O.M.'') Grant
C. Certain Social Security Reductions and Exemptions Sgravi
(including Law 223/91, Article 8, Paragraph 4 and Article 25, Paragraph
9)
D. Law 236/93 Training Grants
E. Law 1329/65 Interest Contributions (Sabatini Law) (Formerly
Lump-Sum Interest Payment Under the Sabatini Law for Companies in
Southern Italy)
F. Development Grants Under Law 30 of 1984
G. Law 908/55 Fondo di Rotazione Iniziative Economiche (Revolving
Fund for Economic Initiatives) Loans
H. Law 317/91 Benefits for Innovative Investments
I. Brescia Chamber of Commerce Training Grants
J. Ministerial Decree 87/02
K. Law 10/91 Grants to Fund Energy Conservation
L. Export Restitution Payments
M. Export Credits Under Law 227/77
N. Capital Grants Under Law 675/77
O. Retraining Grants Under Law 675/77
P. Interest Contributions on Bank Loans Under Law 675/77
Q. Preferential Financing for Export Promotion Under Law 394/81
R. Urban Redevelopment Under Law 181
S. Industrial Development Grants Under Law 183/76
T. Interest Subsidies Under Law 598/94
U. Duty-Free Import Rights
V. European Social Fund Grants
W. Law 113/86 Training Grants
X. European Agricultural Guidance and Guarantee Fund
Y. Law 341/95 Interest Contributions on Debt Consolidation Loans
(Formerly Debt Consolidation Law 341/95)
Z. Interest Grants Financed by IRI Bonds
AA. Article 44 of Law 448/01
IV. Programs Determined To Have Been Terminated
A. Social Security Reductions and Exemptions - Sgravi
1. Law 863/84
V. Previously Terminated Programs
A. Regional Tax Exemptions Under IRAP
B. VAT Reductions Under Laws 64/86 and 675/55
C. Corporate Income Tax (``IRPEG'')
D. Remission of Taxes on Export Credit Insurance Under Article 33
of Law 227/77
E. Export Marketing Grants Under Law 304/90
F. Tremonti Law 383/01
G. Social Security Reductions and Exemptions - Sgravi
1. Article 44 of Law 448/01
2. Law 337/90
The calculations will be disclosed to the interested parties in
accordance with 19 CFR 351.224(b).
The Department will instruct U.S. Customs and Border Protection
(``CBP'') to assess countervailing duties for De Matteis at the net
subsidy rate shown above. The Department intends to issue appropriate
instructions directly to CBP 15 days after publication of these final
results of review.
For all other companies that were not reviewed (except Barilla G. e
R. F.lli S.p.A. and Gruppo Agricoltura Sana S.r.l., which are excluded
from the order, and Pasta Lensi S.r.l., for which the order was
revoked), the Department has directed CBP to assess countervailing
duties on all entries between January 1, 2007, and December 31, 2007,
at the rates in effect at the time of entry.
The Department also intends to instruct CBP to collect cash
deposits of estimated countervailing duties at the rates shown above on
all shipments of the subject merchandise that are entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the final results of this administrative review.
For all non-reviewed firms (except Barilla G. e R. F.lli S.p.A.
and Gruppo Agricoltura Sana S.r.l., which are excluded from the order,
and Pasta Lensi S.r.l., for which the order was revoked), we will
instruct CBP to collect cash deposits of estimated countervailing
duties at the most recent company-specific or all-others rate
applicable to the company. These rates shall apply to all non-reviewed
companies until a review of a company assigned these rates is
requested.
This notice 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(a)(3). Timely written
notification of return or 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 is a sanctionable violation.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: September 8, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-22189 Filed 9-14-09; 8:45 am]
BILLING CODE 3510-DS-S
