47204 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices 

duties occurred and the subsequent 

assessment of double antidumping 

duties. 

Notification to Interested Parties 

This notice serves as the only 

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/ 

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 

final results of review in accordance 

with sections 751(a)(1) and 777(i)(1) of 

the Act. 

September 8, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix Issues in Decision Memo 

General Comments: 

Comment 1: Offsetting of Negative 

Margins 

Comment 2: Using CBP Data for 

Respondent Selection 

Comment 3: Restricting Count–Size 

Comparisons Under the Model– 

Matching Methodology 

Comment 4: Assessment Rate Assigned 

to Companies Receiving the Review– 

Specific Average Rate 

Comment 5: Reporting of Raw Material 

Costs 

Company–Specific Comments: 

Promarisco 

Comment 6: Use of Adverse Facts 

Available to Calculate Promarisco’s 

Imputed Credit Expenses 

Comment 7: Treatment of Promarisco’s 

Bill of Lading Fees and Analysis and 

Inspection Fees 

Comment 8: Adjustment of Promarisco’s 

Indirect Selling Expenses 

Comment 9: Treatment of Promarisco’s 

U.S. and Comparison–Market Billing 

Adjustments 

Comment 10: Payment Date Assigned 

for Certain U.S. sales 

Comment 11: Treatment of Write–offs in 

G&A Expenses 

Comment 12: Treatment of Promarisco’s 

Interest Income Offset 

Comment 13: Processing Costs for 

Block–Frozen Products 

Comment 14: Calculation of Entered 

Value for a Certain U.S. Sale 

Songa 

Comment 15: Revision of Count–Size 

Range Model–Match Coding for Certain 

Head–On Shrimp Products 

Comment 16: Completeness of Indirect 

Selling Expense Reporting 

Comment 17: Inclusion of Foreign 

Exchange Losses in Songa’s Financial 

Expense Ratio 

Comment 18: Treatment of Depreciation 

for Revalued Fixed Assets in Fixed 

Overhead Costs 

Comment 19: Amortization of the Cost 

of Export Certificates in Financial 

Expenses 

Comment 21: Offset Adjustment to G&A 

Expenses for Certain Non–Operating 

Income Items 

[FR Doc. E9–22186 Filed 9–14–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–475–819] 

Certain Pasta from Italy: Final Results 

of the 12th (2007) Countervailing Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (‘‘the Department’’) has 

completed its administrative review of 

the countervailing duty (‘‘CVD’’) order 

on certain pasta from Italy for the period 

January 1, 2007, through December 31, 

2007. On May 28, 2009, we published 

the Preliminary Results of this review. 

See Certain Pasta from Italy: 

Preliminary Results of the 12th (2007) 

Countervailing Duty Administrative 

Review, 74 FR 25489 (May 28, 2009) 

(‘‘Preliminary Results’’). We did not 

receive any comments on the 

Preliminary Results and have made no 

revisions. We find that De Matteis 

Agroalimentare S.p.A. (‘‘De Matteis’’) 

received countervailable subsidies. The 

final net subsidy rate for De Matteis is 

listed below in the section entitled 

‘‘Final Results of Review.’’ 

EFFECTIVE DATE: September 15, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Shelly Atkinson or Brandon Farlander, 

AD/CVD Operations, Office 1, Import 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone (202) 482–0116 and (202) 

482–0182, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 24, 1996, the Department 

published a CVD order on certain pasta 

(‘‘pasta’’ or ‘‘subject merchandise’’) from 

Italy. See Notice of Countervailing Duty 

Order and Amended Final Affirmative 

Countervailing Duty Determination: 

Certain Pasta From Italy, 61 FR 38544 

(July 24, 1996). On July 11, 2008, the 

Department published a notice of 

‘‘Opportunity to Request Administrative 

Review’’ of this CVD order for calendar 

year 2007, the period of review (‘‘POR’’). 

See Antidumping or Countervailing 

Duty Order, Finding, or Suspended 

Investigation; Opportunity To Request 

Administrative Review, 73 FR 39948 

(July 11, 2008). On July 28, 2008, we 

received such a request from F.lli De 

Cecco di Filippo Fara San Martino 

S.p.A. (‘‘De Cecco’’). On July 31, 2008, 

we received a review request for review 

from De Matteis. On July 31, 2008, we 

received a collective request from New 

World Pasta Company, American Italian 

Pasta Company, and Dakota Growers 

Pasta Company (‘‘petitioners’’) for a 

review of De Matteis. In accordance 

with 19 CFR 351.221(c)(1)(i), we 

published a notice of initiation of this 

review on August 26, 2008. See 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews, 73 FR 50308 (August 26, 2008). 

On September 15, 2008, we issued 

CVD questionnaires to the Commission 

of the European Union (‘‘EU’’), the 

Government of Italy (‘‘GOI’’), De 

Matteis, and De Cecco. We received 

responses to our questionnaires in 

October and November 2008. On 

December 22, 2008, De Cecco withdrew 

its request for review. On January 27, 

2009, we rescinded the review with 

respect to De Cecco. See Certain Pasta 

From Italy: Notice of Partial Rescission 

of Twelfth (2007) Countervailing Duty 

Administrative Review, 74 FR 4734 

(January 27, 2009). 

We issued supplemental 

questionnaires to De Matteis and the 

GOI in December 2008, January 2009, 

and March 2009, and we received 

responses to our supplemental 

questionnaires in December 2008, 

February 2009, March 2009, and April 

2009. 

Since the publication of the 

Preliminary Results, we invited 

interested parties to submit briefs. No 

briefs were received. 

Period of Review 

The period for which we are 

measuring subsidies, or POR, is January 

1, 2007, through December 31, 2007. 


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Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices 47205 

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 accompanied by 

the appropriate certificate issued by the 

Instituto Mediterraneo Di Certificazione, 

Bioagricoop S.r.l., QC&I International 

Services, Ecocert Italia, Consorzio per il 

Controllo dei Prodotti Biologici, 

Associazione Italiana per l′Agricoltura 

Biologica, or Codex S.r.l. In addition, 

based on publicly available information, 

the Department has determined that, as 

of August 4, 2004, imports of organic 

pasta from Italy that are accompanied by 

the appropriate certificate issued by 

Bioagricert S.r.l. are also excluded from 

the order. See Memorandum from Eric 

B. Greynolds to Melissa G. Skinner, 

dated August 4, 2004, which is on file 

in the Department’s Central Records 

Unit (‘‘CRU’’) in Room 1117 of the main 

Department building. In addition, based 

on publicly available information, the 

Department has determined that, as of 

March 13, 2003, imports of organic 

pasta from Italy that are accompanied by 

the appropriate certificate issued by 

Instituto per la Certificazione Etica e 

Ambientale are also excluded from the 

order. See Memorandum from Audrey 

Twyman to Susan Kuhbach, dated 

February 28, 2006, entitled 

‘‘Recognition of Instituto per la 

Certificazione Etica e Ambientale (ICEA) 

as a Public Authority for Certifying 

Organic Pasta from Italy’’ which is on 

file in the Department’s CRU. 

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. 

Scope Rulings 

The Department has issued the 

following scope rulings to date: 

(1) On August 25, 1997, the 

Department issued a scope ruling 

finding that multicolored pasta, 

imported in kitchen display bottles of 

decorative glass that are sealed with 

cork or paraffin and bound with raffia, 

is excluded from the scope of the 

antidumping (‘‘AD’’) and CVD orders. 

See Memorandum from Edward Easton 

to Richard Moreland, dated August 25, 

1997, which is on file in the CRU. 

(2) On July 30, 1998, the Department 

issued a scope ruling finding that 

multipacks consisting of six one–pound 

packages of pasta that are shrink– 

wrapped into a single package are 

within the scope of the AD and CVD 

orders. See Letter from Susan H. 

Kuhbach to Barbara P. Sidari, dated July 

30, 1998, which is on file in the CRU. 

(3) On October 26, 1998, the 

Department self–initiated a scope 

inquiry to determine whether a package 

weighing over five pounds as a result of 

allowable industry tolerances is within 

the scope of the AD and CVD orders. On 

May 24, 1999, we issued a final scope 

ruling finding that, effective October 26, 

1998, pasta in packages weighing or 

labeled up to (and including) five 

pounds four ounces is within the scope 

of the AD and CVD orders. See 

Memorandum from John Brinkmann to 

Richard Moreland, dated May 24, 1999, 

which is on file in the CRU. 

(4) On April 27, 2000, the Department 

self–initiated an anti–circumvention 

inquiry to determine whether Pastificio 

Fratelli Pagani S.p.A.’s importation of 

pasta in bulk and subsequent 

repackaging in the United States into 

packages of five pounds or less 

constitutes circumvention with respect 

to the AD and CVD orders on pasta from 

Italy pursuant to section 781(a) of the 

Tariff Act of 1930, as amended (‘‘the 

Act’’), and 19 CFR 351.225(b). See 

Certain Pasta From Italy: Notice of 

Initiation of Anti–Circumvention Inquiry 

on the Antidumping and Countervailing 

Duty Orders, 65 FR 26179 (May 5, 2000). 

On September 19, 2003, we published 

an affirmative finding of the anti– 

circumvention inquiry. See Anti– 

Circumvention Inquiry of the 

Antidumping and Countervailing Duty 

Orders on Certain Pasta from Italy: 

Affirmative Final Determinations of 

Circumvention of Antidumping and 

Countervailing Duty Orders, 68 FR 

54888 (September 19, 2003). 

Final Results of Review 

In accordance with section 777A(e)(1) 

of the Act and 19 CFR 351.221(b)(5), we 

calculated an individual subsidy rate for 

the producer/exporter covered by this 

administrative review. Neither the 

petitioners nor the respondents 

commented on the Preliminary Results, 

and we found that no changes were 

warranted. Therefore, we have made no 

changes to the net subsidy rate 

calculated for the Preliminary Results. 

For the period January 1, 2007, 

through December 31, 2007, we find the 

net subsidy rate for the producer/ 

exporter under review to be the rate 

specified in the chart shown below: 

Producer/Exporter Net Subsidy Rate 

De Matteis 

Agroalimentare S.p.A. 2.48 percent 

‘‘All Others’’ Rate .......... 3.85 percent 

Listed below are the programs we 

examined in the review and our 

findings with respect to each of these 

programs. For a complete analysis of the 

programs found to be countervailable, 

not countervailable and terminated, see 

Preliminary Results. 

I. Programs Determined to be 

Countervailable 

A. Industrial Development Grants 

Under Law 64/86 

B. Industrial Development Grants 

Under Law 488/92 

C. European Regional Development 

Fund (‘‘ERDF’’) Programma 

Operativo Plurifondo (‘‘P.O.P.’’) 

Grant 

D. Social Security Reductions and 

Exemptions Sgravi 

1. Law 196/97 

2. Law 407/90 

C. Law 289/02 

1. Article 62 - Investments in 

Disadvantaged Areas 

2. Article 63 - Increase in 

Employment 

C. Law 662/96 Patti Territoriali 

D. Law 662/96 Contratto di 

Programma 

II. Programs Determined to be Not 

Countervailable 

A. Social Security Reductions and 

Exemptions Sgravi 

1. Law 223/91 

a. Article 8, Paragraph 2 

2. Legislative Decree (‘‘L.D.’’) 276/03 

(modification to Law 25/55) 

III. Programs Determined to Not be 

Used 

A. Grant Received Pursuant to the 

Community Initiative Concerning 

the Preparation of Enterprises for 


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47206 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices 

the Single Market (‘‘PRISMA’’) 

B. European Regional Development 

Fund (‘‘ERDF’’) Programma 

Operativo Multiregionale 

(‘‘P.O.M.’’) Grant 

C. Certain Social Security Reductions 

and Exemptions Sgravi (including 

Law 223/91, Article 8, Paragraph 4 

and Article 25, Paragraph 9) 

D. Law 236/93 Training Grants 

E. Law 1329/65 Interest Contributions 

(Sabatini Law) (Formerly Lump– 

Sum Interest Payment Under the 

Sabatini Law for Companies in 

Southern Italy) 

F. Development Grants Under Law 30 

of 1984 

G. Law 908/55 Fondo di Rotazione 

Iniziative Economiche (Revolving 

Fund for Economic Initiatives) 

Loans 

H. Law 317/91 Benefits for Innovative 

Investments 

I. Brescia Chamber of Commerce 

Training Grants 

J. Ministerial Decree 87/02 

K. Law 10/91 Grants to Fund Energy 

Conservation 

L. Export Restitution Payments 

M. Export Credits Under Law 227/77 

N. Capital Grants Under Law 675/77 

O. Retraining Grants Under Law 675/ 

77 

P. Interest Contributions on Bank 

Loans Under Law 675/77 

Q. Preferential Financing for Export 

Promotion Under Law 394/81 

R. Urban Redevelopment Under Law 

181 

S. Industrial Development Grants 

Under Law 183/76 

T. Interest Subsidies Under Law 598/ 

94 

U. Duty–Free Import Rights 

V. European Social Fund Grants 

W. Law 113/86 Training Grants 

X. European Agricultural Guidance 

and Guarantee Fund 

Y. Law 341/95 Interest Contributions 

on Debt Consolidation Loans 

(Formerly Debt Consolidation Law 

341/95) 

Z. Interest Grants Financed by IRI 

Bonds 

AA. Article 44 of Law 448/01 

IV. Programs Determined To Have Been 

Terminated 

A. Social Security Reductions and 

Exemptions - Sgravi 

1. Law 863/84 

V. Previously Terminated Programs 

A. Regional Tax Exemptions Under 

IRAP 

B. VAT Reductions Under Laws 64/86 

and 675/55 

C. Corporate Income Tax (‘‘IRPEG’’) 

D. Remission of Taxes on Export 

Credit Insurance Under Article 33 

of Law 227/77 

E. Export Marketing Grants Under 

Law 304/90 

F. Tremonti Law 383/01 

G. Social Security Reductions and 

Exemptions - Sgravi 

1. Article 44 of Law 448/01 

2. Law 337/90 

The calculations will be disclosed to 

the interested parties in accordance 

with 19 CFR 351.224(b). 

The Department will instruct U.S. 

Customs and Border Protection (‘‘CBP’’) 

to assess countervailing duties for De 

Matteis at the net subsidy rate shown 

above. The Department intends to issue 

appropriate instructions directly to CBP 

15 days after publication of these final 

results of review. 

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., for which 

the order was revoked), the Department 

has directed CBP to assess 

countervailing duties on all entries 

between January 1, 2007, and December 

31, 2007, at the rates in effect at the time 

of entry. 

The Department also intends to 

instruct CBP to collect cash deposits of 

estimated countervailing duties at the 

rates shown above on all shipments of 

the subject merchandise that are 

entered, or withdrawn from warehouse, 

for consumption on or after the date of 

publication of the final results of this 

administrative review. 

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., for which the order was 

revoked), 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. These rates 

shall apply to all non–reviewed 

companies until a review of a company 

assigned these rates is requested. 

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: September 8, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–22189 Filed 9–14–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–AY22 

Fisheries of the Caribbean, Gulf of 

Mexico, South Atlantic; Gulf of Mexico 

Fisheries; Generic Amendment for 

Annual Catch Limits 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Administration (NOAA), Commerce. 

ACTION: Notice of Intent (NOI) to 

prepare a draft environmental impact 

statement (DEIS); notice of scoping 

meetings; requests for comments. 

SUMMARY: The Gulf of Mexico Fishery 

Management Council (Council) and 

NMFS intend to prepare a DEIS to 

describe and analyze management 

alternatives to be included in a generic 

amendment to five of the Fishery 

Management Plans (FMPs) for the Gulf 

of Mexico. These alternatives will 

consider measures to implement annual 

catch limits (ACLs), accountability 

measures (AMs), and record keeping 

and reporting requirements. This notice 

of intent solicits public comments on 

the scope of issues to be addressed in 

the DEIS. 

DATES: Written comments on the scope 

of issues to be addressed in the DEIS 

must be received by the Council October 

15, 2009. A series of scoping meetings 

will be held in September 2009. See 

SUPPLEMENTARY INFORMATION below for 

the specific dates, times, and locations 

of the scoping meetings. 

ADDRESSES: Written comments on the 

scope of the DEIS, suggested alternatives 

and potential impacts, and requests for 

additional information should be sent to 

Rich Malinowski, NMFS, 263 13th 

Avenue South, Saint Petersburg, FL 

33701–5505; fax 727–825–5308; or to 

the Gulf of Mexico Fishery Management 

Council, 2203 North Lois Avenue, Suite 

1100, Tampa, FL 33607; fax 813–348– 

1711. Comments may also be sent by email to 0648–AY22@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: Rich 

Malinowski, phone: (727) 824–5305; 


sroberts on DSKD5P82C1PROD with NOTICES