Certain Pasta From Italy; Final Results of Countervailing Duty Administrative Review; 2010, 69793-69794 [2012-28219]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 225 / Wednesday, November 21, 2012 / Notices
Administrative Protective Order
This notice serves as a reminder to
parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
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.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act
of 1930, as amended.
Dated: November 14, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 2012–28304 Filed 11–20–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–475–819]
Certain Pasta From Italy; Final Results
of Countervailing Duty Administrative
Review; 2010
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 1, 2012, the
Department of Commerce (the
‘‘Department’’) published in the Federal
Register its preliminary results of
administrative review of the
countervailing duty order on certain
pasta from Italy for the period January
1, 2010, through December 31, 2010. We
received no comments on those
preliminary results and we continue to
determine that Molino e Pastificio
Tomasello S.p.A. (‘‘Tomasello’’)
received countervailable subsidies
during the period of review.
DATES: Effective Date: November 21,
2012.
AGENCY:
srobinson on DSK4SPTVN1PROD with
FOR FURTHER INFORMATION CONTACT:
Joseph Shuler, AD/CVD Operations,
Office 1, Import Administration, U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone (202)
482–1293.
SUPPLEMENTARY INFORMATION:
Background
The Department published the
preliminary results of this
administrative review on August 1,
VerDate Mar<15>2010
16:56 Nov 20, 2012
Jkt 229001
2012. See Certain Pasta From Italy:
Preliminary Results of the 15th (2010)
Countervailing Duty Administrative
Review and Rescission, In Part, 77 FR
45582 (August 1, 2012) (‘‘Preliminary
Results’’). We invited interested parties
to file comments following the release of
the Preliminary Results. No comments
were received.
Period of Review
The period for which we are
measuring subsidies is January 1, 2010,
through December 31, 2010.
Certification of Organic Pasta
As discussed further under ‘‘Scope of
the Order,’’ pasta from Italy that is
certified as organic by European Union
authorized agents and accompanied by
a U.S. Department of Agriculture’s
National Organic Program import
certificate is excluded from the order.
Scope of the Order
Imports covered by the 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 the scope
of the order 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 the 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 certified by a
European Union authorized body and
accompanied by a National Organic
Program import certificate for organic
products. See Memorandum from
Yasmin Nair to Susan Kuhbach, entitled
‘‘Recognition of EU Organic Certifying
Agents for Certifying Organic Pasta from
Italy,’’ dated October 10, 2012, which is
on file in the Department’s CRU.
Pursuant to the Department’s May 12,
2011 changed circumstances review,
effective January 1, 2009, gluten-free
pasta is also excluded from the scope of
the countervailing duty order. See
Certain Pasta From Italy: Final Results
of Countervailing Duty Changed
Circumstances Review and Revocation,
In Part, 76 FR 27634 (May 12, 2011).
The merchandise subject to review is
currently classifiable under items
1901.90.90.95 and 1902.19.20 of the
Harmonized Tariff Schedule of the
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
69793
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.
Use of Facts Otherwise Available and
Adverse Inferences
Sections 776(a)(1) and (2) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
provide that the Department shall apply
‘‘facts otherwise available’’ if necessary
information is not on the record or an
interested party or any other person: (A)
Withholds information that has been
requested; (B) fails to provide
information within the deadlines
established, or in the form and manner
requested by the Department, subject to
subsections (c)(1) and (e) of section 782
of the Act; (C) significantly impedes a
proceeding; or (D) provides information
that cannot be verified as provided by
section 782(i) of the Act. Section 776(b)
of the Act further provides that the
Department may use an adverse
inference in applying the facts
otherwise available when a party has
failed to cooperate by not acting to the
best of its ability to comply with a
request for information.
As explained in our Preliminary
Results, we find that the Government of
Italy (‘‘GOI’’) failed to respond to our
request for usage information regarding
Measure 3.14 of the POR Sicilia 2000/
2006. Therefore, consistent with section
776(a)(2)(B) of the Act, we have relied
on facts otherwise available.
Furthermore, because the GOI failed to
provide this information, which was in
its possession, we determine that the
GOI did not act to the best of its ability.
Consequently, an adverse inference is
warranted in accordance with section
776(b) of the Act. As adverse facts
available, we determine that the
assistance received by Tomasello under
Measure 3.14 of the POR Sicilia 2000/
2006 is specific within the meaning of
section 771(5A) of the Act. See
Preliminary Results, 77 FR at 45585.
Final Results of Review
We have made no changes to our
findings announced in the Preliminary
Results. See Preliminary Results, 77 FR
at 45586; see also Memorandum from
Joseph Shuler, International Trade
Analyst, to the File, ‘‘2010 Preliminary
Results Calculation Memorandum for
Molino e Pastificio Tomasello, S.p.A.,’’
dated July 24, 2012.
For the period January 1, 2010,
through December 31, 2010, we find
that the ad valorem net subsidy rate for
Tomasello to be:
E:\FR\FM\21NON1.SGM
21NON1
69794
Federal Register / Vol. 77, No. 225 / Wednesday, November 21, 2012 / Notices
Producer/Exporter
Net subsidy
rate
(percent)
Molino e Pastificio Tomasello
S.p.A. ................................
2.49
Dated: November 13, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 2012–28219 Filed 11–20–12; 8:45 am]
BILLING CODE 3510–DS–P
Assessment Rates
Consistent with 19 CFR 351.212(b),
the Department intends to issue
assessment instructions to U.S. Customs
and Border Protection (‘‘CBP’’) fifteen
days after the date of publication of
these final results. For Tomasello, the
Department will instruct CBP to assess
countervailing duties at the net subsidy
rate listed above.
For all other companies that were not
reviewed (except Barilla G. e R. F.lli
S.p.A., and Gruppo Agricoltura Sana
S.r.l., which are excluded from the
order, and Pasta Lensi S.r.l., which was
revoked from the order), the Department
has directed CBP to assess
countervailing duties on all entries
between January 1, 2010, and December
31, 2010, at the rates in effect at the time
of entry.
Cash Deposit Instructions
For Tomasello, the Department
intends to instruct CBP to collect cash
deposits of estimated countervailing
duties in the amounts shown above.
For all non-reviewed firms (except
Barilla G. e R. F.lli S.p.A. and Gruppo
Agricoltura Sana S.r.l., which are
excluded from the order, and Pasta
Lensi S.r.l. which was revoked from the
order), we will instruct CBP to collect
cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company. The cash
deposit rates for all companies not
covered by this review are not changed
by the results of this review.
srobinson on DSK4SPTVN1PROD with
Administrative Protective Order
This notice serves as a reminder to
parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
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.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
VerDate Mar<15>2010
16:56 Nov 20, 2012
Jkt 229001
DEPARTMENT OF COMMERCE
International Trade Administration
Manufacturing Council
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of Extension of the
Application Period for Membership on
the Manufacturing Council.
AGENCY:
On September 14, 2012, the
Department of Commerce’s International
Trade Administration (ITA) published a
notice in the Federal Register (77 FR
56811) soliciting applications for
appointment of 25 members of the
Manufacturing Council (Council) for a
two-year term to begin in fall 2012. The
September 14, 2012 notice provided that
all applications must be received by the
Office of Advisory Committees of the
Department of Commerce by close of
business on November 2, 2012. This
notice extends the application period in
order to provide the public with an
additional opportunity to submit
applications. The eligibility and
evaluation criteria contained in the
September 14, 2012 notice shall
continue to apply. The purpose of the
Council is to advise the Secretary of
Commerce on matters relating to the
competitiveness of the U.S.
manufacturing sector and to provide a
forum for regular communication
between Government and the
manufacturing sector.
ADDRESSES: Please submit application
information via email to
oacie@trade.gov or by mail to Jennifer
Pilat, Office of Advisory Committees,
Manufacturing Council Executive
Secretariat, U.S. Department of
Commerce, Room 4043, 1401
Constitution Avenue NW., Washington,
DC 20230.
DATES: All applications for immediate
consideration for appointment must be
received by the Office of Advisory
Committees by close of business on
Tuesday, November 27, 2012. After that
date, ITA will continue to accept
applications under this notice for a
period of up to two years from the
deadline to fill any vacancies that may
arise.
FOR FURTHER INFORMATION CONTACT:
Jennifer Pilat, Manufacturing Council
SUMMARY:
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Executive Secretariat, Room 4043, 1401
Constitution Avenue NW., Washington,
DC 20230, telephone: 202–482–4501,
email: jennifer.pilat@trade.gov.
Please visit the Manufacturing
Council Web site at: https://
www.manufacturing.gov/council/
index.asp?dName=council.
The Office
of Advisory Committees is extending
the application deadline for the
appointment of 25 members of the
Council for a two-year term to begin fall
2012. The Council was rechartered most
recently on April 5, 2012.
The criteria and procedures for
selecting the members contained in the
September 14, 2012 notice continue to
apply and are republished herein for
convenience.
Members will be selected in
accordance with applicable Department
of Commerce guidelines based on his or
her ability to advise the Secretary of
Commerce on matters relating to the
U.S. manufacturing sector, to act as a
liaison among the stakeholders
represented by the membership, and to
provide a forum for those stakeholders
on current and emerging issues in the
manufacturing sector. In assessing this
ability, the Department will consider
such factors as, but not limited to, the
candidate’s proven experience in
promoting, developing and marketing
programs in support of manufacturing
industries, job creation in the
manufacturing sector, or the candidate’s
proven abilities to manage
manufacturing organizations. Given the
duties and objectives of the Council, the
Department particularly seeks
applicants who are active
manufacturing executives (Chief
Executive Officer, President, or a
comparable level of responsibility) that
are leaders within their local
manufacturing communities and
industry sectors. The Council’s
membership shall reflect the diversity of
American manufacturing by
representing a balanced cross-section of
the U.S. manufacturing industry in
terms of industry sectors, geographic
locations, demographics, and company
size, particularly seeking the
representation of small- and mediumsized enterprises.
During the 2012–2014 charter term of
the Manufacturing Council, the
Assistant Secretary of Commerce for
Manufacturing and Services intends to
establish a new Economic Security
Commission Subcommittee. The
purpose of this subcommittee will be to
examine factors that impact the longterm strategic challenges faced by the
manufacturing sector in the United
SUPPLEMENTARY INFORMATION:
E:\FR\FM\21NON1.SGM
21NON1
]]>Agencies
[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Pages 69793-69794]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28219]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-819]
Certain Pasta From Italy; Final Results of Countervailing Duty
Administrative Review; 2010
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 1, 2012, the Department of Commerce (the
``Department'') published in the Federal Register its preliminary
results of administrative review of the countervailing duty order on
certain pasta from Italy for the period January 1, 2010, through
December 31, 2010. We received no comments on those preliminary results
and we continue to determine that Molino e Pastificio Tomasello S.p.A.
(``Tomasello'') received countervailable subsidies during the period of
review.
DATES: Effective Date: November 21, 2012.
FOR FURTHER INFORMATION CONTACT: Joseph Shuler, AD/CVD Operations,
Office 1, Import Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone
(202) 482-1293.
SUPPLEMENTARY INFORMATION:
Background
The Department published the preliminary results of this
administrative review on August 1, 2012. See Certain Pasta From Italy:
Preliminary Results of the 15th (2010) Countervailing Duty
Administrative Review and Rescission, In Part, 77 FR 45582 (August 1,
2012) (``Preliminary Results''). We invited interested parties to file
comments following the release of the Preliminary Results. No comments
were received.
Period of Review
The period for which we are measuring subsidies is January 1, 2010,
through December 31, 2010.
Certification of Organic Pasta
As discussed further under ``Scope of the Order,'' pasta from Italy
that is certified as organic by European Union authorized agents and
accompanied by a U.S. Department of Agriculture's National Organic
Program import certificate is excluded from the order.
Scope of the Order
Imports covered by the 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 the scope of the order 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 the 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 certified by a
European Union authorized body and accompanied by a National Organic
Program import certificate for organic products. See Memorandum from
Yasmin Nair to Susan Kuhbach, entitled ``Recognition of EU Organic
Certifying Agents for Certifying Organic Pasta from Italy,'' dated
October 10, 2012, which is on file in the Department's CRU. Pursuant to
the Department's May 12, 2011 changed circumstances review, effective
January 1, 2009, gluten-free pasta is also excluded from the scope of
the countervailing duty order. See Certain Pasta From Italy: Final
Results of Countervailing Duty Changed Circumstances Review and
Revocation, In Part, 76 FR 27634 (May 12, 2011).
The merchandise subject to review is currently classifiable under
items 1901.90.90.95 and 1902.19.20 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.
Use of Facts Otherwise Available and Adverse Inferences
Sections 776(a)(1) and (2) of the Tariff Act of 1930, as amended
(``the Act''), provide that the Department shall apply ``facts
otherwise available'' if necessary information is not on the record or
an interested party or any other person: (A) Withholds information that
has been requested; (B) fails to provide information within the
deadlines established, or in the form and manner requested by the
Department, subject to subsections (c)(1) and (e) of section 782 of the
Act; (C) significantly impedes a proceeding; or (D) provides
information that cannot be verified as provided by section 782(i) of
the Act. Section 776(b) of the Act further provides that the Department
may use an adverse inference in applying the facts otherwise available
when a party has failed to cooperate by not acting to the best of its
ability to comply with a request for information.
As explained in our Preliminary Results, we find that the
Government of Italy (``GOI'') failed to respond to our request for
usage information regarding Measure 3.14 of the POR Sicilia 2000/2006.
Therefore, consistent with section 776(a)(2)(B) of the Act, we have
relied on facts otherwise available. Furthermore, because the GOI
failed to provide this information, which was in its possession, we
determine that the GOI did not act to the best of its ability.
Consequently, an adverse inference is warranted in accordance with
section 776(b) of the Act. As adverse facts available, we determine
that the assistance received by Tomasello under Measure 3.14 of the POR
Sicilia 2000/2006 is specific within the meaning of section 771(5A) of
the Act. See Preliminary Results, 77 FR at 45585.
Final Results of Review
We have made no changes to our findings announced in the
Preliminary Results. See Preliminary Results, 77 FR at 45586; see also
Memorandum from Joseph Shuler, International Trade Analyst, to the
File, ``2010 Preliminary Results Calculation Memorandum for Molino e
Pastificio Tomasello, S.p.A.,'' dated July 24, 2012.
For the period January 1, 2010, through December 31, 2010, we find
that the ad valorem net subsidy rate for Tomasello to be:
[[Page 69794]]
------------------------------------------------------------------------
Net subsidy
Producer/Exporter rate (percent)
------------------------------------------------------------------------
Molino e Pastificio Tomasello S.p.A.................... 2.49
------------------------------------------------------------------------
Assessment Rates
Consistent with 19 CFR 351.212(b), the Department intends to issue
assessment instructions to U.S. Customs and Border Protection (``CBP'')
fifteen days after the date of publication of these final results. For
Tomasello, the Department will instruct CBP to assess countervailing
duties at the net subsidy rate listed above.
For all other companies that were not reviewed (except Barilla G. e
R. F.lli S.p.A., and Gruppo Agricoltura Sana S.r.l., which are excluded
from the order, and Pasta Lensi S.r.l., which was revoked from the
order), the Department has directed CBP to assess countervailing duties
on all entries between January 1, 2010, and December 31, 2010, at the
rates in effect at the time of entry.
Cash Deposit Instructions
For Tomasello, the Department intends to instruct CBP to collect
cash deposits of estimated countervailing duties in the amounts shown
above.
For all non-reviewed firms (except Barilla G. e R. F.lli S.p.A. and
Gruppo Agricoltura Sana S.r.l., which are excluded from the order, and
Pasta Lensi S.r.l. which was revoked from the order), we will instruct
CBP to collect cash deposits of estimated countervailing duties at the
most recent company-specific or all-others rate applicable to the
company. The cash deposit rates for all companies not covered by this
review are not changed by the results of this review.
Administrative Protective Order
This notice serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or 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.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: November 13, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-28219 Filed 11-20-12; 8:45 am]
BILLING CODE 3510-DS-P
