Certain Pasta From Italy: Notice of Partial Rescission of Antidumping Duty Administrative Review, 64897-64898 [2011-27066]

Download as PDF Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices We determine that it is not practicable to complete the preliminary results of this review within the original time limit because of the complexity of the issues concerning the respondent’s cost information. Therefore, we are extending the time period for issuing the preliminary results of this review by 70 days until January 9, 2012. This notice is published in accordance with section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2). Dated: October 12, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–27084 Filed 10–18–11; 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 Partial Rescission of the 2010–2011 Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: October 19, 2011. FOR FURTHER INFORMATION CONTACT: Dennis McClure 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) 482–5973 or (202) 482– 1167, respectively. SUPPLEMENTARY INFORMATION: emcdonald on DSK5VPTVN1PROD with NOTICES AGENCY: Background On July 1, 2011, 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, 2010, through June 30, 2011: Botticelli Mediterraneo S.a.r.l.2 (‘‘Botticelli’’), Fiamma Vesuviana S.r.L. (‘‘Fiamma’’), Industria Alimentare Filiberto Bianconi 1947 S.p.A. (‘‘Filiberto’’), Labor S.r.L. (‘‘Labor’’), PAM. S.p.A. and its affiliate, Liguori 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 76 FR 38609 (July 1, 2011). VerDate Mar<15>2010 16:34 Oct 18, 2011 Jkt 226001 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 Lensi S.r.l. (‘‘Lensi’’), Pastaficio Zaffiri (‘‘Zaffiri’’), Pastificio Attilio Mastromauro-Pasta Granoro S.R.L. (‘‘Granoro’’),2 Pastificio Di Martino Gaetano & F.lli SpA (‘‘Di Martino’’), Pastificio Fratelli Cellino, S.r.l. (‘‘Fratelli’’), Pastificio Lucio Garofalo S.p.A. (‘‘Garofalo’’), Pastificio Riscossa F.lli Mastromauro S.p.A. (‘‘Riscossa’’), Rummo S.p.A. Molino e Pastificio (‘‘Rummo’’), Rustichella d’Abruzzo S.p.A. (‘‘Rustichella’’) and Industria Alimentare Colavita, S.p.A. (‘‘Indalco’’).3 On September 13, 2011, the Department announced its intention to select mandatory respondents based on U.S. Customs and Border Protection (‘‘CBP’’) data.4 On October 3, 2011, the Department selected Garofalo and Rummo as mandatory respondents.5 On October 11, 2011, Garofalo withdrew its request 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, 2011. See Initiation Notices. Garofalo withdrew its request for a review on October 11, 2011, within the 90-day deadline. No other party requested an administrative review of this particular company. 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 2 The Department notes that, ‘‘{o}n August 31, 2010, the Department deferred the 7/1/2009–6/30/ 2010 administrative review for Pastificio Attilio Mastromauro-Pasta Granoro S.R.L. for one year (75 FR 53274). We are now initiating this review one year later along with the 7/1/2010–6/30/2011 administrative review.’’ See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 76 FR 53404, 53408 (August 26, 2011) (First Initiation Notice). 3 See First Initiation Notice and Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 76 FR 61076 (October 3, 2011) (collectively, ‘‘Initiation Notices’’). 4 See Memorandum from Christopher Hargett to Melissa Skinner titled ‘‘Customs and Border Protection Data for Selection of Respondents for Individual Review,’’ dated September 13, 2011. 5 See Memorandum from Christopher Hargett to Melissa Skinner titled ‘‘Selection of Respondents for Individual Review,’’ dated October 3, 2011. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 64897 Garofalo.6 The instant review will continue with respect to Botticelli, Fiamma, Filiberto, Labor, PAM., P.A.P., Afeltra, Lensi, Zaffiri, Granoro, Di Martino, Fratelli, Riscossa, Rummo, Rustichella, and Indalco. Assessment The Department will instruct CBP to assess antidumping duties on all appropriate entries. For the company for which this review is rescinded, Garofalo, 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, 2010, through June 30, 2011, 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 6 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). E:\FR\FM\19OCN1.SGM 19OCN1 64898 Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: October 12, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–27066 Filed 10–18–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–900] Diamond Sawblades and Parts Thereof From the People’s Republic of China: Final Results and Termination, in Part, of the Antidumping Duty Changed Circumstances Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 30, 2011, the Department of Commerce (‘‘Department’’) published the Preliminary Results 1 of a changed circumstances review (‘‘CCR’’) of the antidumping duty order on diamond sawblades and parts thereof from the People’s Republic of China (‘‘PRC’’) pursuant to section 751(b) of the Tariff Act of 1930, as amended (‘‘Act’’), and 19 CFR 351.216(d). We gave interested parties an opportunity to comment on the Preliminary Results and, based upon our analysis of the comments and information received, we affirm our successor-in-interest finding from the Preliminary Results. DATES: Effective Date: October 19, 2011. FOR FURTHER INFORMATION CONTACT: Alan Ray, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–5403. SUPPLEMENTARY INFORMATION: AGENCY: Case History emcdonald on DSK5VPTVN1PROD with NOTICES On July 12 and 19, 2011, interested parties submitted case and rebuttal briefs, respectively. On July 20, 2011, Respondents’ 2 counsel submitted a 1 See Diamond Sawblades and Parts Thereof From the People’s Republic of China: Preliminary Results and Preliminary Intent To Terminate, in Part, Antidumping Duty Changed Circumstances Review and Extension of Time Limit for Final Results, 76 FR 38357 (June 30, 2011). 2 Hebei Husqvarna-Jikai Diamond Tools Co., Ltd. (‘‘Hebei Husqvarna JV’’), Husqvarna Construction Products North America (‘‘HCPNA’’), and Husqvarna Holding AB (collectively ‘‘Respondents’’), which also included, until July 20, 2011, Hebei Jikai Industrial Group Co., Ltd. (‘‘Hebei Jikai’’). On July 20, 2011, counsel for Respondents VerDate Mar<15>2010 16:34 Oct 18, 2011 Jkt 226001 letter in which they stated that they no longer represent Hebei Jikai Industrial Group Co., Ltd. (‘‘Hebei Jikai’’) in this review. On July 25, 2011, the Department held a. Scope of the Order The products covered by the order are all finished circular sawblades, whether slotted or not, with a working part that is comprised of a diamond segment or segments, and parts thereof, regardless of specification or size, except as specifically excluded below. Within the scope of the order are semifinished diamond sawblades, including diamond sawblade cores and diamond sawblade segments. Diamond sawblade cores are circular steel plates, whether or not attached to non-steel plates, with slots. Diamond sawblade cores are manufactured principally, but not exclusively, from alloy steel. A diamond sawblade segment consists of a mixture of diamonds (whether natural or synthetic, and regardless of the quantity of diamonds) and metal powders (including, but not limited to, iron, cobalt, nickel, tungsten carbide) that are formed together into a solid shape (from generally, but not limited to, a heating and pressing process). Sawblades with diamonds directly attached to the core with a resin or electroplated bond, which thereby do not contain a diamond segment, are not included within the scope of the order. Diamond sawblades and/or sawblade cores with a thickness of less than 0.025 inches, or with a thickness greater than 1.1 inches, are excluded from the scope of the order. Circular steel plates that have a cutting edge of non-diamond material, such as external teeth that protrude from the outer diameter of the plate, whether or not finished, are excluded from the scope of the order. Diamond sawblade cores with a Rockwell C hardness of less than 25 are excluded from the scope of the order. Diamond sawblades and/or diamond segment(s) with diamonds that predominantly have a mesh size number greater than 240 (such as 250 or 260) are excluded from the scope of the order. Merchandise subject to the order is typically imported under heading 8202.39.00.00 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’’). When packaged together as a set for retail sale with an item that is separately classified under headings 8202 to 8205 of the HTSUS, diamond sawblades or parts thereof may be imported under heading 8206.00.00.00 of the HTSUS. The tariff classification is submitted a letter stating that they no longer were representing Hebei Jikai in this review. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 provided for convenience and customs purposes; however, the written description of the scope of the order is dispositive. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties are addressed in Memorandum to Ronald K. Lorentzen from Christian Marsh, Diamond Sawblades and Parts Thereof From the People’s Republic of China: Issues and Decision Memorandum for the Final Results of the Changed Circumstances Review, dated October 4, 2011 (‘‘I & D Memo’’). A list of the issues which parties raised, and to which we responded in the I & D Memo, is attached to this notice as an Appendix. The I & D Memo is a public document and is on file in the Central Records Unit (‘‘CRU’’), Main Commerce Building, Room 7046, and is accessible on the Department’s Web site at http://www.trade.gov/ia. The paper copy and electronic version of the memorandum are identical in content. Termination of CCR Based Upon Petitioner’s 3 Request In its August 13, 2010, and August 20, 2010, submissions, Petitioner requested that the Department initiate a CCR and find that Hebei Husqvarna JV is a successor-in-interest to Electrolux Construction Products (Xiamen) Co. Ltd. (‘‘Electrolux’’), Husqvarna Holding AB, or is an altogether new entity. In the Preliminary Results, we stated our preliminary intent to terminate the review based on Petitioner’s request because a finding that Hebei Husqvarna JV is the successor-in-interest to Electrolux, Husqvarna Holding AB, or an altogether new entity, would result in a continuation of the status quo in terms of cash deposit requirements. Furthermore, no company other than Hebei Jikai is entitled to use Hebei Jikai’s rate unless the Department finds that entity to be Hebei Jikai’s successorin-interest. Therefore, the Department is terminating this review under the request submitted by Petitioner, as the completion of the review based upon its request would not result in any possible change with respect to Hebei Husqvarna JV’s appropriate antidumping duty cash deposit rate.4 Successor-in-Interest Determination Based Upon Respondents’ Request In making a successor-in-interest determination, the Department typically examines several factors including, but 3 The Diamond Sawblade Manufacturers Coalition (‘‘DSMC’’ or ‘‘Petitioner’’). 4 See I & D Memo at page 2. E:\FR\FM\19OCN1.SGM 19OCN1

Agencies

[Federal Register Volume 76, Number 202 (Wednesday, October 19, 2011)]
[Notices]
[Pages 64897-64898]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27066]


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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

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

DATES: Effective Date: October 19, 2011.

FOR FURTHER INFORMATION CONTACT: Dennis McClure 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-
5973 or (202) 482-1167, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 1, 2011, 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, 2010, through June 30, 2011:
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 76 FR 38609 (July 1, 2011).
---------------------------------------------------------------------------

    Botticelli Mediterraneo S.a.r.l.2 (``Botticelli''), Fiamma 
Vesuviana S.r.L. (``Fiamma''), Industria Alimentare Filiberto Bianconi 
1947 S.p.A. (``Filiberto''), Labor S.r.L. (``Labor''), 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 Lensi S.r.l. (``Lensi''), Pastaficio Zaffiri 
(``Zaffiri''), Pastificio Attilio Mastromauro-Pasta Granoro S.R.L. 
(``Granoro''),\2\ Pastificio Di Martino Gaetano & F.lli SpA (``Di 
Martino''), Pastificio Fratelli Cellino, S.r.l. (``Fratelli''), 
Pastificio Lucio Garofalo S.p.A. (``Garofalo''), Pastificio Riscossa 
F.lli Mastromauro S.p.A. (``Riscossa''), Rummo S.p.A. Molino e 
Pastificio (``Rummo''), Rustichella d'Abruzzo S.p.A. (``Rustichella'') 
and Industria Alimentare Colavita, S.p.A. (``Indalco'').\3\
---------------------------------------------------------------------------

    \2\ The Department notes that, ``{o{time} n August 31, 2010, the 
Department deferred the 7/1/2009-6/30/2010 administrative review for 
Pastificio Attilio Mastromauro-Pasta Granoro S.R.L. for one year (75 
FR 53274). We are now initiating this review one year later along 
with the 7/1/2010-6/30/2011 administrative review.'' See Initiation 
of Antidumping and Countervailing Duty Administrative Reviews and 
Requests for Revocation in Part, 76 FR 53404, 53408 (August 26, 
2011) (First Initiation Notice).
    \3\ See First Initiation Notice and Initiation of Antidumping 
and Countervailing Duty Administrative Reviews and Requests for 
Revocation in Part, 76 FR 61076 (October 3, 2011) (collectively, 
``Initiation Notices'').
---------------------------------------------------------------------------

    On September 13, 2011, the Department announced its intention to 
select mandatory respondents based on U.S. Customs and Border 
Protection (``CBP'') data.\4\ On October 3, 2011, the Department 
selected Garofalo and Rummo as mandatory respondents.\5\ On October 11, 
2011, Garofalo withdrew its request for a review.
---------------------------------------------------------------------------

    \4\ See Memorandum from Christopher Hargett to Melissa Skinner 
titled ``Customs and Border Protection Data for Selection of 
Respondents for Individual Review,'' dated September 13, 2011.
    \5\ See Memorandum from Christopher Hargett to Melissa Skinner 
titled ``Selection of Respondents for Individual Review,'' dated 
October 3, 2011.
---------------------------------------------------------------------------

Partial Rescission of the 2010-2011 Administrative Review

    Pursuant to 19 CFR Sec.  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, 2011. See Initiation 
Notices. Garofalo withdrew its request for a review on October 11, 
2011, within the 90-day deadline. No other party requested an 
administrative review of this particular company. Therefore, in 
accordance with 19 CFR Sec.  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 Garofalo.\6\ The 
instant review will continue with respect to Botticelli, Fiamma, 
Filiberto, Labor, PAM., P.A.P., Afeltra, Lensi, Zaffiri, Granoro, Di 
Martino, Fratelli, Riscossa, Rummo, Rustichella, and Indalco.
---------------------------------------------------------------------------

    \6\ 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 company for which this review is 
rescinded, Garofalo, 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, 2010, through June 30, 2011, 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 Sec.  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

[[Page 64898]]

777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

     Dated: October 12, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-27066 Filed 10-18-11; 8:45 am]
BILLING CODE 3510-DS-P