11116 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices 

ADDRESSES: 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. 

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amount withdrawn from the fund for its 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. 

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 

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: 

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 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: 

Company Final Margin Amended Final 

Margin 

Garofalo ................................................................................................................................................... 16.26 15.87 

PAM ......................................................................................................................................................... 8.54 8.54 

Review - Specific Average1 ..................................................................................................................... 12.40 12.21 

1Because 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–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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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 

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 

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 

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 


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