Certain Pasta from Italy: Notice of Partial Rescission of Antidumping Duty Administrative Review and Extension of Time Limit for the Preliminary Results of Antidumping Duty Administrative Review, 10464-10466 [2010-4856]
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10464
Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices
above. The request should set forth the
specific reasons why a hearing on this
application would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Tammy Adams or Amy Sloan,
(301)713–2289.
Dated: March 2, 2010.
Tammy C. Adams,
Acting Chief, Permits, Conservation and
Education Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2010–4865 Filed 3–5–10; 8:45 am]
BILLING CODE 3510–22–S
The
subject permit is requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended
(MMPA; 16 U.S.C. 1361 et seq.) and the
regulations governing the taking and
importing of marine mammals (50 CFR
part 216).
The applicant requests a five-year
permit to investigate the foraging
ecology, habitat requirements, vital
rates, and effects of natural and
anthropogenic factors for ribbon seals
(Phoca fasciata), spotted seals (P.
largha), ringed seals (P. hispida), harbor
seals (P. vitulina), and bearded seals
(Erignathus barbatus) in the North
Pacific Ocean, Bering Sea, Arctic Ocean
and coastal regions of Alaska. The
applicant requests permission to capture
up to 150 of each ice-associated seal
species (ribbon, spotted, ringed and
bearded) per year and up to 250 harbor
seals annually for measurement of body
condition, collection of tissue samples
(blood, blubber, muscle, skin, hair,
vibrissae, swab samples), attachment of
telemetry devices, and other procedures
as described in the application. Up to 10
animals of each species would be
intentionally recaptured each year for
retrieval of instruments and additional
sample collection. The applicant
requests permission to harass an
additional 3,000 of each ice associated
seal species and 5,500 harbor seals
annually incidental to capture activities
or during collection of feces and other
samples from haul-out substrate. The
applicant requests allowance for
unintentional mortality of five
individuals of each species per year.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an initial
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of the
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
srobinson on DSKHWCL6B1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
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DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
[Docket Number 0907141137–0119–08]
RIN 0660–ZA28
Broadband Technology Opportunities
Program
AGENCY: National Telecommunications
and Information Administration, U.S.
Department of Commerce.
ACTION: Notice of Funds Availability;
Extension of Application Closing
Deadline for Comprehensive
Community Infrastructure (CCI)
Projects.
SUMMARY: NTIA announces that the
closing deadline for the submission of
applications for Comprehensive
Community Infrastructure (CCI) projects
under the Broadband Technology
Opportunities Program (BTOP) is
extended until 5:00 p.m. Eastern
Daylight Time (EDT) on March 26, 2010.
There are no changes to the application
filing window for Public Computer
Center (PCC) and Sustainable
Broadband Adoption (SBA) projects.
DATES: All applications for funding CCI
projects must be submitted by 5 p.m.
EDT on March 26, 2010. All
applications for funding PCC and SBA
projects must be submitted by 5 p.m.
EDT on March 15, 2010.
FOR FURTHER INFORMATION CONTACT: For
general inquiries regarding BTOP,
contact Anthony Wilhelm, Director,
BTOP, Office of Telecommunications
and Information Applications, National
Telecommunications and Information
Administration, U.S. Department of
Commerce (DOC), 1401 Constitution
Avenue, NW., HCHB, Room 4887,
Washington, DC, 20230; Help Desk
email: BroadbandUSA@usda.gov, Help
Desk telephone: 1–877–508–8364.
SUPPLEMENTARY INFORMATION: On
January 22, 2010, NTIA published a
Notice of Funds Availability (Second
NOFA) and Solicitation of Applications
in the Federal Register announcing
general policy and application
procedures for the second round of
BTOP funding. 75 FR 3792 (2010). In
the Second NOFA, NTIA established an
application window for BTOP projects
PO 00000
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beginning February 16, 2010 at 8 a.m.
Eastern Standard Time (EST) through
March 15, 2010 at 5 p.m. EDT
(application closing deadline).
NTIA announces this extension in the
application closing deadline for CCI
projects in the interest of ensuring that
BTOP funding is made available in the
most equitable manner. The complexity
of preparing an infrastructure proposal
that is truly comprehensive in scope
and satisfies the CCI funding priorities
outlined in the Second NOFA warrant
reconsideration of the application
closing deadline for CCI projects to
facilitate the necessary coordination
among the various stakeholders
involved in or benefiting from the
project. Additionally, there are a
number of applicants whose
infrastructure applications have been
actively under consideration for funding
in Round One. This extension of the
application closing deadline will give
those CCI applicants that are not
selected for a Round One award
additional time to strengthen the quality
of their Round Two applications and
maximize their opportunity to apply for
BTOP funding.
All other requirements for CCI
projects set forth in the Second NOFA
remain unchanged. There are no
changes to the requirements or
application deadlines for PCC and SBA
projects.
All applicants are strongly
encouraged to submit their application
early to avoid last minute congestion on
the electronic intake system. However,
early submission will not confer any
advantage or priority in review.
Dated: March 2, 2010.
Lawrence E. Strickling,
Assistant Secretary for Communications and
Information.
[FR Doc. 2010–4777 Filed 3–3–10; 1:00 pm]
BILLING CODE 3510–60–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta from Italy: Notice of
Partial Rescission of Antidumping
Duty Administrative Review and
Extension of Time Limit for the
Preliminary Results of Antidumping
Duty Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 8, 2010.
FOR FURTHER INFORMATION CONTACT:
Victoria Cho or Jolanta Lawska, AD/
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Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices
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) 482–5075 or (202) 482–
8362, respectively.
SUPPLEMENTARY INFORMATION:
srobinson on DSKHWCL6B1PROD with NOTICES
Background
On July 1, 2009, the Department of
Commerce (‘‘the Department’’) published
a notice of opportunity to request an
administrative review of the
antidumping duty order on certain pasta
from Italy. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
To Request Administrative Review, 74
FR 31406 (July 1, 2009). Pursuant to
requests from interested parties, the
Department published in the Federal
Register the notice of initiation of this
antidumping duty administrative review
with respect to the following companies
for the period July 1, 2008, through June
30, 2009: Domenico Paone fu Erasmo,
S.p.A. (‘‘Erasmo’’), Fasolino Foods
Company, Inc. and its affiliate Euro–
American Foods Group, Inc. (‘‘Fasolino/
Euro–American Foods’’), Pastaficio
Lucio Garofalo S.p.A. (‘‘Garofalo’’),
Pastaficio Attilio Mastromauro Pasta
Granoro S.r.L. (‘‘Granoro’’), Industria
Alimentare Colavita, S.p.A. (‘‘Indalco’’),
Pasta Lensi S.r.L. (‘‘Lensi’’), and PAM
S.p.A. (‘‘PAM’’). See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for
Revocation in Part, 74 FR 42873 (August
25, 2009) (‘‘Initiation Notice’’).
On September 8, 2009, the
Department announced its intention to
select mandatory respondents based on
U.S. Customs and Border Protection
(‘‘CBP’’) Data. See Memorandum from
George McMahon to Melissa Skinner
entitled ‘‘Customs and Border Protection
Data for Selection of Respondents for
Individual Review,’’ dated September 8,
2009. On September 11, 2009, the
petitioners1 withdrew their request for
review with respect to Erasmo, Garofalo,
Indalco, and PAM. As a result of the
petitioner’s request to withdraw the
aforementioned companies, the
Department issued a memorandum on
October 21, 2009, which indicated that
respondent selection was no longer
necessary in the instant review because
it was practicable for the Department to
review the remaining companies, Lensi,
Granoro, Garofalo and Fasolino/Euro–
American Foods. On October 30, 2009,
1 The petitioners include the New World Pasta
Company, American Italian Pasta Company, and
Dakota Growers Pasta Company.
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17:12 Mar 05, 2010
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Lensi withdrew its request for a review.2
On February 22, 2010, the petitioners
withdrew their request for review with
respect to Fasolino/Euro–American
Foods.
As explained in the memorandum
from the Deputy Assistant Secretary for
Import Administration, the Department
has exercised its discretion to toll
deadlines for the duration of the closure
of the Federal Government from
February 5, through February 12, 2010.
Thus, all deadlines in this segment of
the proceeding have been extended by
seven days. The revised deadline for the
preliminary results of this review is now
April 9, 2010. See Memorandum to the
Record from Ronald Lorentzen, DAS for
Import Administration, regarding
‘‘Tolling of Administrative Deadlines As
a Result of the Government Closure
During the Recent Snowstorm,’’ dated
February 12, 2010.
Scope of the Order
Imports covered by this order are
shipments of certain non–egg dry pasta
in packages of five pounds four ounces
or less, whether or not enriched or
fortified or containing milk or other
optional ingredients such as chopped
vegetables, vegetable purees, milk,
gluten, diastasis, vitamins, coloring and
flavorings, and up to two percent egg
white. The pasta covered by this scope
is typically sold in the retail market, in
fiberboard or cardboard cartons, or
polyethylene or polypropylene bags of
varying dimensions.
Excluded from the scope of this order
are refrigerated, frozen, or canned
pastas, as well as all forms of egg pasta,
with the exception of non–egg dry pasta
containing up to two percent egg white.
Also excluded are imports of organic
pasta from Italy that are accompanied by
the appropriate certificate issued by the
Instituto Mediterraneo Di Certificazione,
by 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.
Effective July 1, 2008, gluten free pasta
is also excluded from this order. See
Certain Pasta from Italy: Notice of Final
Results of Antidumping Duty Changed
Circumstances Review and Revocation,
in Part, 74 FR 41120 (August 14, 2009).
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
2 Petitioners
PO 00000
did not request a review on Lensi.
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10465
convenience and customs purposes, the
written description of the merchandise
subject to the order is dispositive.
Extension of Time Limit of Preliminary
Results
The preliminary results of this review
are currently due no later than April 9,
2010. Section 751(a)(3)(A) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
requires the Department to make a
preliminary determination in an
administrative review within 245 days
after the last day of the anniversary
month of an order or finding for which
a review is requested. Consistent with
section 751(a)(3)(A) of the Act, the
Department may extend the 245-day
period to 365 days if it is not practicable
to complete the review within a 245-day
period.
We determine that completion of the
preliminary results of this review within
the 245-day period is not practicable.
Specifically, we need additional time to
thoroughly consider the responses to the
questionnaires that the Department has
issued to Garofalo and Granoro.
Therefore, we are extending the time
period for issuing the preliminary
results of review by 120 days, in
accordance with section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2).
Therefore, the preliminary results are
now due no later than August 7, 2010.
However, because August 7, 2010, falls
on a Saturday, the due date for the
preliminary results falls on the next
business day, i.e., August 9, 2010. The
final results continue to be due 120 days
after publication of the preliminary
results.
Partial Rescission of the 2008–2009
Administrative Review
If a party that requested a review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review, the
Secretary will rescind the review
pursuant to 19 CFR 351.213(d)(1). In
this case, the petitioners withdrew their
request with respect to Erasmo,
Garofalo, Indalco, and PAM within 90
days of initiation of this review.
Garofalo self–requested a review, while
the petitioners were the only party
which requested a review of Erasmo,
Indalco, and PAM. Therefore, in
accordance with 19 CFR 351.213(d)(1),
and consistent with our practice, we are
rescinding this review of the
antidumping duty order on certain pasta
from Italy, in part, with respect to
Erasmo, Lensi, Indalco, and PAM.
On February 22, 2010, the petitioners
withdrew their request with respect to
Fasolino/Euro–American Foods.
Although the 90-day deadline to
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Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices
withdraw a review request in the instant
review was November 23, 2009,
pursuant to 19 CFR 351.213(d)(1), the
Secretary may extend the 90-day time
limit if it is reasonable to do so. We
determine it is reasonable to do so in
this case because we have not expended
significant resources conducting this
review with respect to Fasolino/Euro–
American Foods, having only issued to
and received from interested parties
several letters. Therefore, in accordance
with 19 CFR 351.213(d)(1), and
consistent with our practice, we are also
rescinding this review, in part, with
respect to Fasolino/Euro–American
Foods. This administrative review will
continue with respect to Garofalo and
Granoro. See, e.g., Carbon Steel Butt–
Weld Pipe Fittings from Thailand:
Notice of Rescission of Antidumping
Duty Administrative Review, 74 FR 7218
(February 13, 2009).
Assessment
The Department will instruct CBP to
assess antidumping duties on all
appropriate entries. For the companies
for which this review is rescinded,
antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, during the
period July 1, 2008, through June 30,
2009, in accordance with 19 CFR
351.212(c)(1)(i).
The Department intends to issue
appropriate assessment instructions
directly to CBP 15 days after publication
of this notice.
srobinson on DSKHWCL6B1PROD with NOTICES
Notification to Importers
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
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 and/or
countervailing duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification Regarding APOs
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APOs’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
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18:11 Mar 05, 2010
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of the return/destruction of APO
materials or conversion to judicial
protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
This notice is issued and published in
accordance with sections 751(a)(1),
751(a)(3)(A) , and 777(i)(1) of the Act,
and 19 CFR 351.213(d)(4).
Dated: February 26, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–4856 Filed 3–5–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–963]
Certain Potassium Phosphate Salts
from the People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Countervailing Duty
Determination with Final Antidumping
Duty Determination
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of certain
potassium phosphate salts from the
People’s Republic of China (PRC).1 For
information on the estimated subsidy
rates, see the ‘‘Suspension of
Liquidation’’ section of this notice. See
the ‘‘Disclosure and Public Comment’’
section, below, for procedures on filing
comments regarding this preliminary
determination.
DATES: Effective Date: March 8, 2010.
FOR FURTHER INFORMATION CONTACT:
Andrew Huston or Gene Calvert, AD/
CVD Operations, Office 6, Import
1 The name of this investigation was changed
from ‘‘Certain Sodium and Potassium Phosphate
Salts from the People’s Republic of China’’ to
‘‘Certain Potassium Phosphate Salts from the
People’s Republic of China’’ as a result of the U.S.
International Trade Commission’s (ITC) preliminary
determination of no material injury or threat of
material injury with regard to imports of sodium
tripolyphosphate from the PRC. See the section
‘‘Case History,’’ below; see also Memorandum to the
File, ‘‘Certain Potassium Phosphate Salts from the
People’s Republic of China,’’ dated November 20,
2009, a public document on file in the Department’s
Central Records Unit (CRU) in Room 1117 of the
main Commerce building. Public versions of all
memoranda cited in this notice are on file in the
CRU.
PO 00000
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Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–4261 and (202)
482–3586, respectively.
SUPPLEMENTARY INFORMATION:
Case History
On October 14, 2009, the Department
initiated a countervailing duty (CVD)
investigation of Certain Sodium and
Potassium Phosphate Salts from the
PRC. See Certain Sodium and
Potassium Phosphate Salts From the
People’s Republic of China: Initiation of
Countervailing Duty Investigation, 74 FR
54778 (October 23, 2009) (Initiation
Notice). On November 9, 2009, the
Department selected Hubei Xingfa
Chemicals Group Co., Ltd. (Xingfa), and
Jiangsu Chengxing Phosph–Chemicals
Co., Ltd. (Jiangyin Chengxing) as
mandatory company respondents. See
Memorandum to Gary Taverman, Acting
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, ‘‘Selection of Respondents
for the Countervailing Duty
Investigation of Certain Sodium and
Potassium Phosphate Salts from the
People’s Republic of China,’’ dated
November 9, 2009. On November 10,
2009 the Department issued a CVD
questionnaire to the Government of the
People’s Republic of China (GOC),
requesting that the GOC forward the
company sections of the questionnaire
to Xingfa and to Jiangyin Chengxing.
In its initiation, the Department
determined that there was a single class
or kind of merchandise. See
Countervailing Duty Initiation Checklist:
Certain Sodium and Potassium
Phosphate Salts, dated October 19, 2009
(Initiation Checklist). On November 21,
2009, the ITC issued its preliminary
determination and found that there were
four domestic like products: Sodium
Triployphosphate (STPP),
Monopotassium Phosphate (MKP),
Dipotassium Phosphate (DKP) and
Tetrapotassium Pyrophosphate (TKPP).
See Investigations Nos. 701–TA–473
and 731–TA–1173 (Preliminary),
Certain Sodium and Potassium
Phosphate Salts from China, 74 FR
61173 (November 23, 2009) (ITC Salts
Preliminary). The ITC determined that
the industry producing MKP is
materially injured or threatened with
material injury, and that industries
producing DKP and TKPP are
threatened with material injury. The ITC
made a negative determination
regarding STPP, finding no reasonable
indication that the industry producing
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]]>Agencies
[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Notices]
[Pages 10464-10466]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4856]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta from Italy: Notice of Partial Rescission of
Antidumping Duty Administrative Review and Extension of Time Limit for
the Preliminary Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 8, 2010.
FOR FURTHER INFORMATION CONTACT: Victoria Cho or Jolanta Lawska, AD/
[[Page 10465]]
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-
5075 or (202) 482-8362, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2009, the Department of Commerce (``the Department'')
published a notice of opportunity to request an administrative review
of the antidumping duty order on certain pasta from Italy. See
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review, 74 FR
31406 (July 1, 2009). Pursuant to requests from interested parties, the
Department published in the Federal Register the notice of initiation
of this antidumping duty administrative review with respect to the
following companies for the period July 1, 2008, through June 30, 2009:
Domenico Paone fu Erasmo, S.p.A. (``Erasmo''), Fasolino Foods Company,
Inc. and its affiliate Euro-American Foods Group, Inc. (``Fasolino/
Euro-American Foods''), Pastaficio Lucio Garofalo S.p.A.
(``Garofalo''), Pastaficio Attilio Mastromauro Pasta Granoro S.r.L.
(``Granoro''), Industria Alimentare Colavita, S.p.A. (``Indalco''),
Pasta Lensi S.r.L. (``Lensi''), and PAM S.p.A. (``PAM''). See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part, 74 FR 42873 (August 25,
2009) (``Initiation Notice'').
On September 8, 2009, the Department announced its intention to
select mandatory respondents based on U.S. Customs and Border
Protection (``CBP'') Data. See Memorandum from George McMahon to
Melissa Skinner entitled ``Customs and Border Protection Data for
Selection of Respondents for Individual Review,'' dated September 8,
2009. On September 11, 2009, the petitioners\1\ withdrew their request
for review with respect to Erasmo, Garofalo, Indalco, and PAM. As a
result of the petitioner's request to withdraw the aforementioned
companies, the Department issued a memorandum on October 21, 2009,
which indicated that respondent selection was no longer necessary in
the instant review because it was practicable for the Department to
review the remaining companies, Lensi, Granoro, Garofalo and Fasolino/
Euro-American Foods. On October 30, 2009, Lensi withdrew its request
for a review.\2\ On February 22, 2010, the petitioners withdrew their
request for review with respect to Fasolino/Euro-American Foods.
---------------------------------------------------------------------------
\1\ The petitioners include the New World Pasta Company,
American Italian Pasta Company, and Dakota Growers Pasta Company.
\2\ Petitioners did not request a review on Lensi.
---------------------------------------------------------------------------
As explained in the memorandum from the Deputy Assistant Secretary
for Import Administration, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from February 5, through February 12, 2010. Thus, all
deadlines in this segment of the proceeding have been extended by seven
days. The revised deadline for the preliminary results of this review
is now April 9, 2010. See Memorandum to the Record from Ronald
Lorentzen, DAS for Import Administration, regarding ``Tolling of
Administrative Deadlines As a Result of the Government Closure During
the Recent Snowstorm,'' dated February 12, 2010.
Scope of the Order
Imports covered by this order are shipments of certain non-egg dry
pasta in packages of five pounds four ounces or less, whether or not
enriched or fortified or containing milk or other optional ingredients
such as chopped vegetables, vegetable purees, milk, gluten, diastasis,
vitamins, coloring and flavorings, and up to two percent egg white. The
pasta covered by this scope is typically sold in the retail market, in
fiberboard or cardboard cartons, or polyethylene or polypropylene bags
of varying dimensions.
Excluded from the scope of this order are refrigerated, frozen, or
canned pastas, as well as all forms of egg pasta, with the exception of
non-egg dry pasta containing up to two percent egg white. Also excluded
are imports of organic pasta from Italy that are accompanied by the
appropriate certificate issued by the Instituto Mediterraneo Di
Certificazione, by 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.
Effective July 1, 2008, gluten free pasta is also excluded from this
order. See Certain Pasta from Italy: Notice of Final Results of
Antidumping Duty Changed Circumstances Review and Revocation, in Part,
74 FR 41120 (August 14, 2009). 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.
Extension of Time Limit of Preliminary Results
The preliminary results of this review are currently due no later
than April 9, 2010. Section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (``the Act''), requires the Department to make a preliminary
determination in an administrative review within 245 days after the
last day of the anniversary month of an order or finding for which a
review is requested. Consistent with section 751(a)(3)(A) of the Act,
the Department may extend the 245-day period to 365 days if it is not
practicable to complete the review within a 245-day period.
We determine that completion of the preliminary results of this
review within the 245-day period is not practicable. Specifically, we
need additional time to thoroughly consider the responses to the
questionnaires that the Department has issued to Garofalo and Granoro.
Therefore, we are extending the time period for issuing the
preliminary results of review by 120 days, in accordance with section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2). Therefore, the
preliminary results are now due no later than August 7, 2010. However,
because August 7, 2010, falls on a Saturday, the due date for the
preliminary results falls on the next business day, i.e., August 9,
2010. The final results continue to be due 120 days after publication
of the preliminary results.
Partial Rescission of the 2008-2009 Administrative Review
If a party that requested a review withdraws the request within 90
days of the date of publication of notice of initiation of the
requested review, the Secretary will rescind the review pursuant to 19
CFR 351.213(d)(1). In this case, the petitioners withdrew their request
with respect to Erasmo, Garofalo, Indalco, and PAM within 90 days of
initiation of this review. Garofalo self-requested a review, while the
petitioners were the only party which requested a review of Erasmo,
Indalco, and PAM. Therefore, in accordance with 19 CFR 351.213(d)(1),
and consistent with our practice, we are rescinding this review of the
antidumping duty order on certain pasta from Italy, in part, with
respect to Erasmo, Lensi, Indalco, and PAM.
On February 22, 2010, the petitioners withdrew their request with
respect to Fasolino/Euro-American Foods. Although the 90-day deadline
to
[[Page 10466]]
withdraw a review request in the instant review was November 23, 2009,
pursuant to 19 CFR 351.213(d)(1), the Secretary may extend the 90-day
time limit if it is reasonable to do so. We determine it is reasonable
to do so in this case because we have not expended significant
resources conducting this review with respect to Fasolino/Euro-American
Foods, having only issued to and received from interested parties
several letters. Therefore, in accordance with 19 CFR 351.213(d)(1),
and consistent with our practice, we are also rescinding this review,
in part, with respect to Fasolino/Euro-American Foods. This
administrative review will continue with respect to Garofalo and
Granoro. See, e.g., Carbon Steel Butt-Weld Pipe Fittings from Thailand:
Notice of Rescission of Antidumping Duty Administrative Review, 74 FR
7218 (February 13, 2009).
Assessment
The Department will instruct CBP to assess antidumping duties on
all appropriate entries. For the companies for which this review is
rescinded, antidumping duties shall be assessed at rates equal to the
cash deposit of estimated antidumping duties required at the time of
entry, or withdrawal from warehouse, for consumption, during the period
July 1, 2008, through June 30, 2009, in accordance with 19 CFR
351.212(c)(1)(i).
The Department intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of this notice.
Notification to Importers
This notice serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing
duties occurred and the subsequent assessment of doubled antidumping
duties.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to
administrative protective orders (``APOs'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an
APO is a violation which is subject to sanction.
This notice is issued and published in accordance with sections
751(a)(1), 751(a)(3)(A) , and 777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Dated: February 26, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-4856 Filed 3-5-10; 8:45 am]
BILLING CODE 3510-DS-S
