[Federal Register: December 14, 2004 (Volume 69, Number 239)]
[Notices]
[Page 74494-74495]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de04-42]
-----------------------------------------------------------------------
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.
SUMMARY: In response to requests by Pastificio Carmine Russo S.p.A. and
its affiliate, Pastificio DiNola S.p.A. (collectively, Russo/DiNola),
and others, the Department of Commerce (the Department) initiated an
administrative review of the antidumping duty order on certain pasta
(pasta) from Italy for the period July 1, 2003, through June 30, 2004.
We initiated the review on a total of seven companies including Russo/
DiNola. Based on a timely withdrawal of its request for review, we are
rescinding the administrative review of Russo/DiNola. The
administrative review of the antidumping duty order continues with
respect to Barilla, G.e.R. (Barilla), Corticella Molini E Pastifici
S.p.A. and its affiliate Pasta Combattenti S.p.A. (collectively,
Corticella/Combattenti), Industria Alimentare Colvaita S.p.A. and its
affiliate Fusco S.r.L. (collectively, Indalco), Pastificio Fratelli
Pagani S.p.A. (Pagani), Pastificio Antonio Pallante S.r.L. and its
affiliate Industrie Alimentari Molisane S.r.L. (collectively, Pallante/
IAM) and Pastificio Riscossa F.lli Mastromauro S.r.L. (Riscossa).
EFFECTIVE DATE: December 14, 2004.
FOR FURTHER INFORMATION CONTACT: James Terpstra or Dennis McClure, 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-
3965, or (202) 482-5973, respectively.
SUPPLEMENTARY INFORMATION:
Scope of Review
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 review 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 Bioagricert International (formerly Bioagricoop
Scrl), by QC&I International Services, by Ecocert Italia, by Consorzio
per il Controllo dei Prodotti Biologici, or by Associazione Italiana
per l'Agricoltura Biologica.
The merchandise subject to review is currently classifiable under
item 1902.19.20 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheading is provided for convenience and
customs purposes, the written description of the merchandise subject to
the order is dispositive.
Background
On July 1, 2004, the Department published a notice of opportunity
to request an administrative review of the antidumping duty order on
certain pasta from Italy. See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity to Request
Administrative Review, 69 FR 39903 (July 1, 2004). On August 30, 2004,
pursuant to requests made by Russo/DiNola, Pagani, Pallante/IAM,
Corticella/Combattenti, Indalco, Barilla, and the petitioners (New
World Pasta Company, American Italian Pasta Company, and Dakota Growers
Pasta Company), the Department initiated an administrative review of
the antidumping duty order on certain pasta from Italy. See Initiation
of Antidumping and Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 69 FR 52857 (August 30, 2004). On
October 19, 2004, Russo/DiNola timely withdrew its request for an
administrative review.
Rescission of Review
If a party that requested a review withdraws the request within 90
days of the date of publication of notice of initiation of the
requested review, the Secretary will rescind the review pursuant to 19
CFR 351.213(d)(1). In this case, Russo/DiNola withdrew its request for
an administrative review within 90 days from the date of initiation. No
other interested party requested a review of this company. Because
Russo/DiNola filed a timely request for withdrawal of this
administrative review by the deadline and it was the only request for
review
[[Page 74495]]
made for Russo/DiNola, we are rescinding the antidumping duty
administrative review of Russo/DiNola. As a result of this rescission,
the administrative review of the antidumping duty order on certain
pasta from Italy covering the period July 1, 2003, through June 30,
2004, now covers the following companies: Barilla, Corticella/
Combattenti, Indalco, Pagani, Pallante/IAM, and Riscossa.
The Department will issue appropriate assessment instructions
directly to U.S. Customs and Border Protection (CBP) within 15 days of
the publication of this notice. In accordance with 19 CFR
351.212(c)(1)(i), the Department will direct CBP to assess antidumping
duties for each company for which this review is rescinded at rates
equal to the cash deposit of estimated antidumping duties required at
the time of entry, or withdrawal from warehouse, for consumption, for
entries during the period July 1, 2003, through June 30, 2004.
Notification to Importers
This notice 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 countervailing duties prior to
liquidation of the relevant entries during this review period. Failure
to comply with this requirement could result in the Secretary's
presumption that reimbursement of antidumping and countervailing duties
occurred and the subsequent increase in antidumping duties by the
amount of antidumping and countervailing duties reimbursed.
This notice also 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 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.
This notice is in accordance with section 777(i)(1) of the Act and
19 CFR 251.213(d)(4).
Dated: December 7, 2004.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E4-3640 Filed 12-13-04; 8:45 am]