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]

Download as PDF 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: VerDate Nov<24>2008 17:12 Mar 05, 2010 Jkt 220001 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 Frm 00010 Fmt 4703 Sfmt 4703 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/ E:\FR\FM\08MRN1.SGM 08MRN1 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. VerDate Nov<24>2008 17:12 Mar 05, 2010 Jkt 220001 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. Frm 00011 Fmt 4703 Sfmt 4703 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 E:\FR\FM\08MRN1.SGM 08MRN1 10466 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 VerDate Nov<24>2008 18:11 Mar 05, 2010 Jkt 220001 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 Frm 00012 Fmt 4703 Sfmt 4703 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 E:\FR\FM\08MRN1.SGM 08MRN1

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]


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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