Certain Pasta From Italy: Notice of Partial Rescission of Antidumping Duty Administrative Review, 23973-23974 [2011-10426]

Download as PDF srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Notices Scope of the Orders The scope of the orders includes certain warmwater shrimp and prawns, whether frozen, wild-caught (ocean harvested) or farm-raised (produced by aquaculture), head-on or head-off, shellon or peeled, tail-on or tail-off,4 deveined or not deveined, cooked or raw, or otherwise processed in frozen form. The frozen warmwater shrimp and prawn products included in the scope of these orders, regardless of definitions in the Harmonized Tariff Schedule of the United States (‘‘HTS’’), are products which are processed from warmwater shrimp and prawns through freezing and which are sold in any count size. The products described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the Penaeidae family. Some examples of the farmed and wild-caught warmwater species include, but are not limited to, whiteleg shrimp (Penaeus vannemei), banana prawn (Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), redspotted shrimp (Penaeus brasiliensis), southern brown shrimp (Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern rough shrimp (Trachypenaeus curvirostris), southern white shrimp (Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus indicus). Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope of these orders. In addition, food preparations (including dusted shrimp), which are not ‘‘prepared meals,’’ that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of these orders. Excluded from the scope are: (1) Breaded shrimp and prawns (HTS subheading 1605.20.10.20); (2) shrimp and prawns generally classified in the Pandalidae family and commonly referred to as coldwater shrimp, in any state of processing; (3) fresh shrimp and prawns whether shell-on or peeled (HTS subheadings 0306.23.00.20 and 0306.23.00.40); (4) shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); (5) dried shrimp and prawns; (6) Lee Kum Kee’s shrimp Court Decision, signed April 18, 2011 (to be published). 4 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. VerDate Mar<15>2010 17:39 Apr 28, 2011 Jkt 223001 sauce; 5 (7) canned warmwater shrimp and prawns (HTS subheading 1605.20.10.40); and 8) certain battered shrimp. Battered shrimp is a shrimpbased product: (1) That is produced from fresh (or thawed-from-frozen) and peeled shrimp; (2) to which a ‘‘dusting’’ layer of rice or wheat flour of at least 95 percent purity has been applied; (3) with the entire surface of the shrimp flesh thoroughly and evenly coated with the flour; (4) with the non-shrimp content of the end product constituting between four and 10 percent of the product’s total weight after being dusted, but prior to being frozen; and (5) that is subjected to individually quick frozen (‘‘IQF’’) freezing immediately after application of the dusting layer. When dusted in accordance with the definition of dusting above, the battered shrimp product is also coated with a wet viscous layer containing egg and/or milk, and par-fried. The products covered by these orders are currently classified under the following HTS subheadings: 0306.13.00.03, 0306.13.00.06, 0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18, 0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40, 1605.20.10.10, and 1605.20.10.30. These HTS subheadings are provided for convenience and for customs purposes only and are not dispositive, but rather the written description of the scope of these orders is dispositive. Continuation of the Orders As a result of the determinations by the Department and the ITC that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty orders on shrimp from Brazil, India, the PRC, Thailand, and Vietnam. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of these orders will be the date of publication in the Federal Register of this notice of Continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year reviews of these orders not later than March 2016. 5 The specific exclusion for Lee Kum Kee’s shrimp sauce applies only to the scope in the PRC case. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 23973 These five-year (sunset) reviews and this notice are in accordance with sections 751(c) and 777(i)(1) of the Act. Date: April 22, 2011. Paul Piquado, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–10427 Filed 4–28–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–818] Certain Pasta From Italy: Notice of Partial Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: April 29, 2011. FOR FURTHER INFORMATION CONTACT: Joy Zhang or George McMahon 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) 482–1168 or (202) 482– 1167, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 1, 2010, 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.1 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, 2009, through June 30, 2010: Agritalia S.r.L. (‘‘Agritalia’’), Domenico Paone fu Erasmo S.p.A. (‘‘Erasmo’’), Industria Alimentare Colavita, S.p.A. (‘‘Indalco’’), Labor S.r.L. (‘‘Labor’’), Molino e Pastificio Tomasello, S.p.A. (‘‘Tomasello’’), PAM. S.p.A. and its affiliate, Liguori Pastificio dal 1820 SpA (‘‘PAM’’), P.A.P. SNC Di Pazienza G.B. & C. (‘‘P.A.P.’’), Premiato Pastificio Afeltra S.r.L. (‘‘Afeltra’’), Pasta Zara SpA (‘‘Zara’’), Pastificio Di Martino Gaetano & F.lli SpA (‘‘Di Martino’’), Pastificio Fabianelli S.p.A. (‘‘Fabianelli’’), Pastificio Felicetti SrL (‘‘Felicetti’’), Pastificio Lucio Garofalo S.p.A. (‘‘Garofalo’’), Pastificio Riscossa F.lli 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 75 FR 38074 (July 1, 2010). E:\FR\FM\29APN1.SGM 29APN1 23974 Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Notices Mastromauro S.p.A. (‘‘Riscossa’’), Rummo S.p.A. Molino e Pastificio (‘‘Rummo’’), and Rustichella d’Abruzzo S.p.A (‘‘Rustichella’’).2 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. srobinson on DSKHWCL6B1PROD with NOTICES Partial Rescission of the 2009–2010 Administrative Review On September 13, 2010, the Department announced its intention to select mandatory respondents based on U.S. Customs and Border Protection (‘‘CBP’’) data.3 On October 10, 2010, the Department selected Garofalo and 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Deferral of Initiation of Administrative Review, 75 FR 53274, (August 31, 2010) (‘‘Initiation Notice’’). 3 See Memorandum from Christopher Hargett to Melissa Skinner titled ‘‘Customs and Border Protection Data for Selection of Respondents for Individual Review,’’ dated September 13, 2010. VerDate Mar<15>2010 17:39 Apr 28, 2011 Jkt 223001 Tomasello as mandatory respondents.4 On November 12, 2010, counsel for Afeltra, Agritalia, Di Martino, Felicetti, Labor, PAM, Erasmo, P.A.P., Riscossa, Rustichella, and Zara (collectively ‘‘certain non-mandatory respondents’’) requested that the Department extend the deadline to withdraw from the instant review for 45 days. On November 24, 2010, the Department declined to modify the 90-day deadline for parties to withdraw their requests for review. See the Department’s letter to counsel for the certain non-mandatory respondents, dated November 24, 2010. On November 29, 2010, Di Martino, Felicetti, and Zara withdrew their requests for a review. Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation of the requested review. The instant review was initiated on August 31, 2010. See Initiation Notice. Di Martino, Felicetti, and Zara’s withdrawal of their requests for a review falls within the 90day deadline. No other party requested an administrative review of these particular companies. 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 Di Martino, Felicetti, and Zara.5 The instant review will continue with respect to Agritalia, Erasmo, Indalco, Labor, Tomasello, PAM, P.A.P., Afeltra, Fabianelli, Garofalo, Riscossa, Rummo, and Rustichella. Assessment The Department will instruct CBP to assess antidumping duties on all appropriate entries. For the companies for which this review is rescinded, Di Martino, Felicetti, and Zara, 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, 2009, through June 30, 2010, 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 duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protective Order This notice serves as a final reminder to parties subject to administrative protective orders (‘‘APOs’’) of their responsibility concerning the disposition of proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a)(3), 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) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: April 25, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–10426 Filed 4–28–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–805] Certain Pasta From Turkey: Notice of Preliminary Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from petitioners 1 to conduct an administrative review of Marsan Gida Sanayi ve Ticaret A.S. (Marsan), the AGENCY: 4 See Memorandum from Christopher Hargett to Melissa Skinner titled ‘‘Selection of Respondents for Individual Review,’’ dated October 10, 2010. 5 See e.g., Certain Lined Paper Products From India: Notice of Partial Rescission of Antidumping Duty Administrative Review and Extension of Time Limit for the Preliminary Results of Antidumping Duty Administrative Review, 74 FR 21781 (May 11, 2009); see also Carbon Steel Butt-Weld Pipe Fittings from Thailand: Rescission of Antidumping Duty Administrative Review, 74 FR 7218 (February 13, 2009). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 1 New World Pasta Company, American Italian Pasta Company, and Dakota Growers Pasta Company (collectively, petitioners). E:\FR\FM\29APN1.SGM 29APN1

Agencies

[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Notices]
[Pages 23973-23974]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10426]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Notice of Partial Rescission of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: April 29, 2011.

FOR FURTHER INFORMATION CONTACT: Joy Zhang or George McMahon 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-
1168 or (202) 482-1167, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2010, 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.\1\ 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, 2009, through June 30, 2010: Agritalia S.r.L. 
(``Agritalia''), Domenico Paone fu Erasmo S.p.A. (``Erasmo''), 
Industria Alimentare Colavita, S.p.A. (``Indalco''), Labor S.r.L. 
(``Labor''), Molino e Pastificio Tomasello, S.p.A. (``Tomasello''), 
PAM. S.p.A. and its affiliate, Liguori Pastificio dal 1820 SpA 
(``PAM''), P.A.P. SNC Di Pazienza G.B. & C. (``P.A.P.''), Premiato 
Pastificio Afeltra S.r.L. (``Afeltra''), Pasta Zara SpA (``Zara''), 
Pastificio Di Martino Gaetano & F.lli SpA (``Di Martino''), Pastificio 
Fabianelli S.p.A. (``Fabianelli''), Pastificio Felicetti SrL 
(``Felicetti''), Pastificio Lucio Garofalo S.p.A. (``Garofalo''), 
Pastificio Riscossa F.lli

[[Page 23974]]

Mastromauro S.p.A. (``Riscossa''), Rummo S.p.A. Molino e Pastificio 
(``Rummo''), and Rustichella d'Abruzzo S.p.A (``Rustichella'').\2\
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 75 FR 38074 (July 1, 2010).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Deferral of Initiation of Administrative 
Review, 75 FR 53274, (August 31, 2010) (``Initiation Notice'').
---------------------------------------------------------------------------

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.

Partial Rescission of the 2009-2010 Administrative Review

    On September 13, 2010, the Department announced its intention to 
select mandatory respondents based on U.S. Customs and Border 
Protection (``CBP'') data.\3\ On October 10, 2010, the Department 
selected Garofalo and Tomasello as mandatory respondents.\4\ On 
November 12, 2010, counsel for Afeltra, Agritalia, Di Martino, 
Felicetti, Labor, PAM, Erasmo, P.A.P., Riscossa, Rustichella, and Zara 
(collectively ``certain non-mandatory respondents'') requested that the 
Department extend the deadline to withdraw from the instant review for 
45 days. On November 24, 2010, the Department declined to modify the 
90-day deadline for parties to withdraw their requests for review. See 
the Department's letter to counsel for the certain non-mandatory 
respondents, dated November 24, 2010. On November 29, 2010, Di Martino, 
Felicetti, and Zara withdrew their requests for a review.
---------------------------------------------------------------------------

    \3\ See Memorandum from Christopher Hargett to Melissa Skinner 
titled ``Customs and Border Protection Data for Selection of 
Respondents for Individual Review,'' dated September 13, 2010.
    \4\ See Memorandum from Christopher Hargett to Melissa Skinner 
titled ``Selection of Respondents for Individual Review,'' dated 
October 10, 2010.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation of the requested review. The 
instant review was initiated on August 31, 2010. See Initiation Notice. 
Di Martino, Felicetti, and Zara's withdrawal of their requests for a 
review falls within the 90-day deadline. No other party requested an 
administrative review of these particular companies. 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 Di Martino, Felicetti, and 
Zara.\5\ The instant review will continue with respect to Agritalia, 
Erasmo, Indalco, Labor, Tomasello, PAM, P.A.P., Afeltra, Fabianelli, 
Garofalo, Riscossa, Rummo, and Rustichella.
---------------------------------------------------------------------------

    \5\ See e.g., Certain Lined Paper Products From India: Notice of 
Partial Rescission of Antidumping Duty Administrative Review and 
Extension of Time Limit for the Preliminary Results of Antidumping 
Duty Administrative Review, 74 FR 21781 (May 11, 2009); see also 
Carbon Steel Butt-Weld Pipe Fittings from Thailand: 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, Di Martino, Felicetti, and Zara, 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, 2009, through June 30, 2010, 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 duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
an APO in accordance with 19 CFR 351.305(a)(3), 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) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 
CFR 351.213(d)(4).

     Dated: April 25, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-10426 Filed 4-28-11; 8:45 am]
BILLING CODE 3510-DS-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.