Certain Pasta from Italy: Notice of Amended Final Results of the Twelfth Antidumping Duty Administrative Review, 11116-11118 [2010-5124]
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11116
Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices
Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6625,
14th and Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Richard Vangorder, (301)
713–2393 or
Richard.Vangorder@noaa.gov.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
I. Abstract
The respondents will be commercial
fishing industry individuals,
partnerships, and corporations which
are applying for or have entered into
Capital Construction Fund Agreements
with the Secretary of Commerce
allowing deferral of Federal taxation on
fishing vessel income deposited into the
fund for use in the acquisition,
construction, or reconstruction of
fishing vessels. Deferred taxes are
recaptured by reducing an agreement
vessel’s basis for depreciation by the
amount withdrawn from the fund for its
acquisition, construction, or
reconstruction. The information
collected from agreement holders is
used to determine their eligibility to
participate in the Capital Construction
Fund Program pursuant to 50 CFR part
259.
At the completion of construction/
reconstruction, a certificate to that effect
must be submitted.
II. Method of Collection
The information will be collected on
forms submitted electronically or by
mail.
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III. Data
OMB Control Number: 0648–0090.
Form Number: NOAA Form 88–14.
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
1,000.
Estimated Time per Response: 3.5
hours for agreements; and 1 hour for
certificate.
Estimated Total Annual Burden
Hours: 2,250.
Estimated Total Annual Cost to
Public: $3,600 in recordkeeping/
reporting costs.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
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15:07 Mar 09, 2010
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of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: March 5, 2010.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2010–5116 Filed 3–9–10; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta from Italy: Notice of
Amended Final Results of the Twelfth
Antidumping Duty Administrative
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 9, 2010, the
Department of Commerce (the
Department) published its final results
of the twelfth administrative review for
certain pasta from Italy for the period of
review (POR) of July 1, 2007, through
June 30, 2008. See Certain Pasta from
Italy: Notice of Final Results of the
Twelfth Administrative Review, 75 FR
6352 (February 9, 2010) (Final Results).
We are amending our final results to
correct ministerial errors made in the
calculation of the dumping margins for
Pastificio Lucio Garofalo
S.p.A.(Garofalo) and PAM S.p.A. (PAM),
pursuant to section 751(h) of the Tariff
Act of 1930, as amended (the Act).
EFFECTIVE DATE: March 10, 2010.
FOR FURTHER INFORMATION CONTACT:
Christopher Hargett, AD/CVD
Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW, Washington, DC 20230;
telephone: (202) 482–4161.
SUPPLEMENTARY INFORMATION:
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Fmt 4703
Sfmt 4703
Background
On February 9, 2010, the Department
published the final results of this
administrative review. On February 9
and February 12, 2010, pursuant to 19
CFR 351.224(c), PAM and Garofalo
submitted comments alleging
ministerial errors, and requested that
the Department correct these alleged
ministerial errors. On February 18,
2010, petitioners submitted rebuttal
briefs to PAM’s ministerial error
allegation. No party submitted
comments regarding Garofalo’s request
to correct alleged ministerial errors.
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.
Amended Final Results of Review
In the Final Results, the Department
incorrectly stated that it would apply
the average percent margin of the two
reviewed companies in this review to all
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Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices
companies that were not selected as
mandatory respondents for the period
July 1, 2006, through June 30, 2007. The
Department intended to apply and in
fact applied the average to the instant
POR of July 1, 2007 through June 30,
2008, because the calculations were
based on the actual factual information
for this period.
Garofalo
After analyzing Garofalo’s comments,
we have determined, in accordance with
section 751(h) of Act and 19 CFR
351.224, that the Department made
ministerial errors in the Final Results
calculation for Garofalo in this
administrative review. See Allegations
of Clerical Errors Memorandum dated
February 26, 2010 (Clerical Error
Memo).
First, the Department made a clerical
error by using the wrong currency to
convert Garofalo’s reported warehousing
costs (DWAREHU) in the Final Results.
During the Final Results, the
Department’s attempt to convert
Garofalo’s reported DWAREHU from
Euro/Kg to USD/Kg was done
incorrectly. The exchange rate
conversion the Department attempted to
update in Garofalo’s margin program
was not correctly applied. For the
amended final results, the Department
made the correction to the submitted
field DWAREHU before the conversion
of this field into USD/Kg of the margin
program.
Second, the Department incorrectly
implemented certain verification
changes in the calculation of Garofalo’s
home market freight revenue
(FRTREVH) during the Final Results.
For the amended final results, the
Department hard–coded these changes
to the comparison market program as
correctly referenced in attachment 8 of
Exhibit 1 in Garofalo’s Verification
Report.
Third, the Department used incorrect
exchange factors during the Final
Results in converting Garofalo’s
reported U.S. brokerage. The
Department verified the values reported
in Garofalo’s reported USBROKU during
the sales verification of Garofalo as
being incurred in USD/Kg. During the
Final Results, however, the Department
inadvertently treated Garofalo’s
USBROKU as being reported in Euro/
Kg. The Department treated this variable
as being incurred in USD/Kg in the
margin calculations for the amended
final results.
PAM
After analyzing PAM’s comments, and
as more fully explained in the Clerical
Error Memo, we have determined, in
accordance with section 751(h) of the
11117
Act and 19 CFR 351.224, that the
Department made ministerial errors in
the Final Results calculation for PAM in
this administrative review. The
Department finds that it inadvertently
used incorrect entered value data for
entries made by PAM during the POR.
Specifically, the Department erred by
not adding transport recovery to the
U.S. price for the entered value
calculation for entries made by PAM,
while including the transport recovery
for other importers. Accordingly, it is
clear that the Department intended to
make this adjustment and our failure to
do so was a clerical error. Thus, for the
amended Final Results the Department
has calculated entered value including
the transport recovery for entries made
by PAM, consistent with how it
calculated entered value for entries
made by companies other than PAM.
Although, this does not affect the
average margin, it does affect the
importer specific assessment rates.
In accordance with section 751(h) of
the Act, we are amending the final
results of the antidumping duty
administrative review of certain pasta
from Italy for the period July 1, 2007,
through June 30, 2008. As a result of
correcting the ministerial errors
discussed above, and in the company–
specific memos listed above, the
following margins apply:
Company
Final Margin
Garofalo ...................................................................................................................................................
PAM .........................................................................................................................................................
Review - Specific Average1 .....................................................................................................................
16.26
8.54
12.40
Amended Final
Margin
15.87
8.54
12.21
1 Because there are only two respondents for which a company-specific margin was calculated in this review, the Department has calculated a
simple average margin to ensure that the total import quantity and value for each company is not inadvertently revealed.
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Assessment
The Department will determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries, pursuant to
19 CFR 351.212(b). The Department
calculated importer–specific duty
assessment rates on the basis of the ratio
of the total antidumping duties
calculated for the examined sales to the
total entered value of the examined
sales for that importer. Where the
assessment rate is above de minimis, we
will instruct CBP to assess duties on all
entries of subject merchandise by that
importer. The Department intends to
issue appropriate assessment
instructions directly to CBP 15 days
after publication of these amended final
results of review.
The Department clarified its
‘‘automatic assessment’’’ regulation on
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15:07 Mar 09, 2010
Jkt 220001
May 6, 2003 (68 FR 23954). This
clarification applies to POR entries of
subject merchandise produced by
companies examined in this review (i.e.,
companies for which a dumping margin
was calculated) where the companies
did not know that their merchandise
was destined for the United States. In
such instances, we will instruct CBP to
liquidate unreviewed entries at the all–
others rate if there is no rate for the
intermediate company(ies) involved in
the transaction. For a full discussion of
this clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
amended final results of this
administrative review for all shipments
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Frm 00014
Fmt 4703
Sfmt 4703
of certain pasta from Italy entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of these amended final results, as
provided by section 751(a) of the Act:
(1) for companies covered by this
review, the cash deposit rate will be the
rate listed above; (2) for previously
reviewed or investigated companies
other than those covered by this review,
the cash deposit rate will be the
company–specific rate established for
the most recent period; (3) if the
exporter is not a firm covered in this
review, a prior review, or the less–thanfair–value investigation, but the
producer is, the cash deposit rate will be
the rate established for the most recent
period for the manufacturer of the
subject merchandise; and (4) if neither
the exporter nor the producer is a firm
covered in this review, a prior review,
or the investigation, the cash deposit
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10MRN1
11118
Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices
rate will be 15.45 percent, the all–others
rate established in the less–than-fair–
value investigation. These deposit
requirements shall remain in effect until
further notice.
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping 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 presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent increase in antidumping
duties by the amount of antidumping
and/or countervailing duties
reimbursed.
Administrative Protective Order
This notice also is the only reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. 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 the terms of an APO is a
sanctionable violation.
These amended final results of
administrative review and notice are
issued and published in accordance
with sections 751(a)(1) and (h), and
777(i)(1) of the Act, and 19 CFR
351.224.
Dated: March 3, 2010.
Carole A. Showers,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–5124 Filed 3–9–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XU49
erowe on DSK5CLS3C1PROD with NOTICES
Fisheries of the Pacific Region
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of determination of
an overfished condition.
SUMMARY: This action serves as a notice
that NMFS, on behalf of the Secretary of
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15:07 Mar 09, 2010
Jkt 220001
Commerce (Secretary), has determined
that in the Pacific Region, the petrale
sole stock has been determined to be in
an overfished condition. The Pacific
Fishery Management Council is in the
process of reviewing the overfished
threshold for petrale sole; however,
regardless of future changes, NMFS has
determined that the stock is overfished
at this time, based on the current status
determination criteria. For stocks which
NMFS determines to be in an overfished
condition and provides notice to the
applicable Council, the applicable
Council must, within two years of such
notification, prepare and implement an
FMP amendment or proposed
regulations to rebuild such stocks.
FOR FURTHER INFORMATION CONTACT:
Mark Nelson, (301) 713–2341.
SUPPLEMENTARY INFORMATION: Pursuant
to sections 304(e)(2) and (e)(7) of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), 16 U.S.C.
1854(e)(2), and implementing
regulations at 50 CFR 600.310(e)(2),
NMFS, on behalf of the Secretary, must
notify the appropriate Council
whenever it determines a stock or stock
complex is overfished.
For a fishery determined to be in an
overfished condition, NMFS requests
that the appropriate Council take action
to end overfishing in the fishery and to
implement conservation and
management measures to rebuild
affected stocks. A Council receiving
notification that a fishery is overfished
must, within 2 years of notification,
implement a rebuilding plan, through
an FMP amendment, which ends
overfishing immediately and provides
for rebuilding the fishery in accordance
with 16 U.S.C. 1854(e)(3)-(4) as
implemented by 50 CFR
600.310(j)(2)(ii). When developing
rebuilding plans Councils, in addition
to rebuilding the fishery within the
shortest time possible in accordance
with 16 U.S.C. 1854(e)(4) and 50 CFR
600.310(j)(2)(ii), must ensure that such
management actions address the
requirements to establish a mechanism
for specifying and actually specify
annual catch limits (ACLs) and
accountability measures (AMs) to
prevent overfishing in accordance with
16 U.S.C. 1853(a)(15) and 50 CFR
600.310(j)(2)(i) for each affected stock or
stock complex.
On February 9, 2010, NMFS notified
the Pacific Fishery Management Council
that the most recent stock assessment
for petrale sole indicated that the
biomass fell below the overfished
threshold which triggered an overfished
determination. The letter acknowledges
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
that the Pacific Fishery Management
Council is in the process of reviewing
the overfished threshold for petrale sole.
Regardless of future changes to the
overfished threshold, based on the
current status determination criteria,
NMFS has determined the stock to be
overfished at this time.
As noted above, within 2 years of
notification that a fishery is overfished,
the respective Council must adopt and
implement a rebuilding plan, through a
FMP amendment which immediately
ends overfishing and provides for
rebuilding of the overfished stock.
Dated: March 3, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–5154 Filed 3–9–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 99–4A005]
Export Trade Certificate of Review
ACTION: Notice of Application (#99–
4A005) to Amend the Export Trade
Certificate of Review Issued to
California Almond Export Association,
LLC, Application no. 99–00005.
SUMMARY: The Export Trading Company
Affairs unit, Office of Competition and
Economic Analysis, International Trade
Administration, U.S. Department of
Commerce, has received an application
to amend an Export Trade Certificate of
Review (‘‘Certificate’’). This notice
summarizes the proposed amendment
and requests comments relevant to
whether the amended Certificate should
be issued.
FOR FURTHER INFORMATION CONTACT:
Joseph E. Flynn, Director, Office of
Competition and Economic Analysis,
International Trade Administration,
(202) 482–5131 (this is not a toll-free
number) or by E-mail at
oetca@ita.doc.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) authorizes the
Secretary of Commerce to issue Export
Trade Certificates of Review. An Export
Trade Certificate of Review protects the
holder and the members identified in
the Certificate from State and Federal
government antitrust actions and from
private treble damage antitrust actions
for the export conduct specified in the
Certificate and carried out in
compliance with its terms and
conditions. Section 302(b)(1) of the
E:\FR\FM\10MRN1.SGM
10MRN1
]]>Agencies
[Federal Register Volume 75, Number 46 (Wednesday, March 10, 2010)]
[Notices]
[Pages 11116-11118]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5124]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta from Italy: Notice of Amended Final Results of the
Twelfth Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On February 9, 2010, the Department of Commerce (the
Department) published its final results of the twelfth administrative
review for certain pasta from Italy for the period of review (POR) of
July 1, 2007, through June 30, 2008. See Certain Pasta from Italy:
Notice of Final Results of the Twelfth Administrative Review, 75 FR
6352 (February 9, 2010) (Final Results). We are amending our final
results to correct ministerial errors made in the calculation of the
dumping margins for Pastificio Lucio Garofalo S.p.A.(Garofalo) and PAM
S.p.A. (PAM), pursuant to section 751(h) of the Tariff Act of 1930, as
amended (the Act).
EFFECTIVE DATE: March 10, 2010.
FOR FURTHER INFORMATION CONTACT: Christopher Hargett, AD/CVD
Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
4161.
SUPPLEMENTARY INFORMATION:
Background
On February 9, 2010, the Department published the final results of
this administrative review. On February 9 and February 12, 2010,
pursuant to 19 CFR 351.224(c), PAM and Garofalo submitted comments
alleging ministerial errors, and requested that the Department correct
these alleged ministerial errors. On February 18, 2010, petitioners
submitted rebuttal briefs to PAM's ministerial error allegation. No
party submitted comments regarding Garofalo's request to correct
alleged ministerial errors.
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.
Amended Final Results of Review
In the Final Results, the Department incorrectly stated that it
would apply the average percent margin of the two reviewed companies in
this review to all
[[Page 11117]]
companies that were not selected as mandatory respondents for the
period July 1, 2006, through June 30, 2007. The Department intended to
apply and in fact applied the average to the instant POR of July 1,
2007 through June 30, 2008, because the calculations were based on the
actual factual information for this period.
Garofalo
After analyzing Garofalo's comments, we have determined, in
accordance with section 751(h) of Act and 19 CFR 351.224, that the
Department made ministerial errors in the Final Results calculation for
Garofalo in this administrative review. See Allegations of Clerical
Errors Memorandum dated February 26, 2010 (Clerical Error Memo).
First, the Department made a clerical error by using the wrong
currency to convert Garofalo's reported warehousing costs (DWAREHU) in
the Final Results. During the Final Results, the Department's attempt
to convert Garofalo's reported DWAREHU from Euro/Kg to USD/Kg was done
incorrectly. The exchange rate conversion the Department attempted to
update in Garofalo's margin program was not correctly applied. For the
amended final results, the Department made the correction to the
submitted field DWAREHU before the conversion of this field into USD/Kg
of the margin program.
Second, the Department incorrectly implemented certain verification
changes in the calculation of Garofalo's home market freight revenue
(FRTREVH) during the Final Results. For the amended final results, the
Department hard-coded these changes to the comparison market program as
correctly referenced in attachment 8 of Exhibit 1 in Garofalo's
Verification Report.
Third, the Department used incorrect exchange factors during the
Final Results in converting Garofalo's reported U.S. brokerage. The
Department verified the values reported in Garofalo's reported USBROKU
during the sales verification of Garofalo as being incurred in USD/Kg.
During the Final Results, however, the Department inadvertently treated
Garofalo's USBROKU as being reported in Euro/Kg. The Department treated
this variable as being incurred in USD/Kg in the margin calculations
for the amended final results.
PAM
After analyzing PAM's comments, and as more fully explained in the
Clerical Error Memo, we have determined, in accordance with section
751(h) of the Act and 19 CFR 351.224, that the Department made
ministerial errors in the Final Results calculation for PAM in this
administrative review. The Department finds that it inadvertently used
incorrect entered value data for entries made by PAM during the POR.
Specifically, the Department erred by not adding transport recovery to
the U.S. price for the entered value calculation for entries made by
PAM, while including the transport recovery for other importers.
Accordingly, it is clear that the Department intended to make this
adjustment and our failure to do so was a clerical error. Thus, for the
amended Final Results the Department has calculated entered value
including the transport recovery for entries made by PAM, consistent
with how it calculated entered value for entries made by companies
other than PAM. Although, this does not affect the average margin, it
does affect the importer specific assessment rates.
In accordance with section 751(h) of the Act, we are amending the
final results of the antidumping duty administrative review of certain
pasta from Italy for the period July 1, 2007, through June 30, 2008. As
a result of correcting the ministerial errors discussed above, and in
the company-specific memos listed above, the following margins apply:
------------------------------------------------------------------------
Amended Final
Company Final Margin Margin
------------------------------------------------------------------------
Garofalo........................ 16.26 15.87
PAM............................. 8.54 8.54
Review - Specific Average\1\.... 12.40 12.21
------------------------------------------------------------------------
\1\ Because there are only two respondents for which a company-specific
margin was calculated in this review, the Department has calculated a
simple average margin to ensure that the total import quantity and
value for each company is not inadvertently revealed.
Assessment
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, pursuant to 19 CFR 351.212(b). The Department calculated
importer-specific duty assessment rates on the basis of the ratio of
the total antidumping duties calculated for the examined sales to the
total entered value of the examined sales for that importer. Where the
assessment rate is above de minimis, we will instruct CBP to assess
duties on all entries of subject merchandise by that importer. The
Department intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of these amended final
results of review.
The Department clarified its ``automatic assessment''' regulation
on May 6, 2003 (68 FR 23954). This clarification applies to POR entries
of subject merchandise produced by companies examined in this review
(i.e., companies for which a dumping margin was calculated) where the
companies did not know that their merchandise was destined for the
United States. In such instances, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction. For a full
discussion of this clarification, see Antidumping and Countervailing
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6,
2003).
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the amended final results of this administrative review
for all shipments of certain pasta from Italy entered, or withdrawn
from warehouse, for consumption on or after the publication date of
these amended final results, as provided by section 751(a) of the Act:
(1) for companies covered by this review, the cash deposit rate will be
the rate listed above; (2) for previously reviewed or investigated
companies other than those covered by this review, the cash deposit
rate will be the company-specific rate established for the most recent
period; (3) if the exporter is not a firm covered in this review, a
prior review, or the less-than-fair-value investigation, but the
producer is, the cash deposit rate will be the rate established for the
most recent period for the manufacturer of the subject merchandise; and
(4) if neither the exporter nor the producer is a firm covered in this
review, a prior review, or the investigation, the cash deposit
[[Page 11118]]
rate will be 15.45 percent, the all-others rate established in the
less-than-fair-value investigation. These deposit requirements shall
remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping 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 presumption that
reimbursement of antidumping and/or countervailing duties occurred and
the subsequent increase in antidumping duties by the amount of
antidumping and/or countervailing duties reimbursed.
Administrative Protective Order
This notice also is the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. 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 the terms of an APO is a sanctionable
violation.
These amended final results of administrative review and notice are
issued and published in accordance with sections 751(a)(1) and (h), and
777(i)(1) of the Act, and 19 CFR 351.224.
Dated: March 3, 2010.
Carole A. Showers,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-5124 Filed 3-9-10; 8:45 am]
BILLING CODE 3510-DS-S
