5922 Federal Register / Vol. 74, No. 21 / Tuesday, February 3, 2009 / Notices 

Assistant Secretary for Export 

Administration with respect to technical 

questions that affect the level of export 

controls applicable to materials and 

related technology. 

Agenda 

Open Session 

1. Opening Remarks and Introduction 

of new chairman. 

2. Reminder of the request for public 

comments that was posted in the 

Federal Register (January 5) on the 

effects of export control on decision to 

use U.S. origin parts and components. 

3. Full implementation of the 

Validated End-User program to China 

announced January 13. 

4. New License requirements for Iran 

published January 15. 

5. Report of Composite Working group 

and ECCN review subgroup. 

6. New business. 

7. Public comments from 

teleconference and physical attendees. 

Closed Session 

8. Discussion of matters determined to 

be exempt from the provisions relating 

to public meetings found in 5 U.S.C. 

app. 2 section 10(a)(1) and 10(a)(3). 

The open session will be accessible 

via teleconference to 20 participants on 

a first come, first serve basis. To join the 

conference, submit inquiries to Ms. 

Yvette Springer at 

Yspringer@bis.doc.gov no later than 

February 5, 2009. 

A limited number of seats will be 

available during the public session of 

the meeting. Reservations are not 

accepted. To the extent time permits, 

members of the public may present oral 

statements to the Committee. Written 

statements may be submitted at any 

time before or after the meeting. 

However, to facilitate distribution of 

public presentation materials to 

Committee members, the materials 

should be forwarded prior to the 

meeting to Ms. Springer via email. 

The Assistant Secretary for 

Administration, with the concurrence of 

the delegate of the General Counsel, 

formally determined on October 1, 2008, 

pursuant to Section 10(d) of the Federal 

Advisory Committee Act, as amended, 

that the portion of the meeting dealing 

with matters the premature disclosure of 

which would likely frustrate the 

implementation of a proposed agency 

action as described in 5 U.S.C. 

552b(c)(9)(B) shall be exempt from the 

provisions relating to public meetings 

found in 5 U.S.C. app. 2 section 10(a)(1) 

and 10(a)(3). The remaining portions of 

the meeting will be open to the public. 

For more information, call Yvette 

Springer at (202) 482–2813. 

Dated: January 28, 2009. 

Yvette Springer, 

Committee Liaison Officer. 

[FR Doc. E9–2237 Filed 2–2–09; 8:45 am] 

BILLING CODE 3510–JT–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–475–819] 

Certain Pasta from Italy: Final Results 

of the Eleventh (2006) 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 order on certain 

pasta from Italy for the period January 

1, 2006 through December 31, 2006. We 

find that De Matteis Agroalimentare 

S.p.A. (‘‘De Matteis’’), Pastificio Lucio 

Garofalo S.p.A. (‘‘Garofalo’’), and F.lli 

De Cecco di Filippo Fara San Martino 

S.p.A. (‘‘De Cecco’’) received 

countervailable subsidies, and that 

Pastificio Felicetti SrL (‘‘Felicetti’’) did 

not receive any countervailable 

subsidies. The final net subsidy rates for 

the reviewed companies are listed 

below in the section entitled ‘‘Final 

Results of Review.’’ 

EFFECTIVE DATE: February 3, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Andrew McAllister 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) 

482–1174 and (202) 482–0182, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 6, 2008, the Department 

published in the Federal Register its 

preliminary results of the administrative 

review of the countervailing duty order 

on certain pasta from Italy for the period 

January 1, 2006, through December 31, 

2006. See Certain Pasta from Italy: 

Preliminary Results of the 11th (2006) 

Countervailing Duty Administrative 

Review, 73 FR 45721 (Aug. 6, 2008) 

(‘‘Preliminary Results’’). 

Since the signing of the Preliminary 

Results, we sent a supplemental 

questionnaire to the Government of Italy 

(‘‘GOI’’) on July 31, 2008, and received 

the GOI response on August 13, 2008. 

We invited interested parties to 

comment on the preliminary results. A 

case brief was received from Garofalo on 

September 5, 2008. No rebuttal briefs 

were received, and the Department did 

not conduct a hearing in this review 

because none was requested. 

Based on our analysis of the 

supplemental questionnaire response 

from the GOI, we have revised the net 

subsidy rates for De Matteis, Garofalo, 

and De Cecco. Therefore, the final 

results differ from the preliminary 

results. 

Period of Review 

The period of review (‘‘POR’’) for 

which we are measuring subsidies is 

January 1, 2006, through December 31, 

2006. 

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 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 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 

this 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 (ICEA) are also excluded 

from this order. See Memorandum from 

Audrey Twyman to Susan Kuhbach, 


yshivers on PROD1PC62 with NOTICES
Federal Register / Vol. 74, No. 21 / Tuesday, February 3, 2009 / Notices 5923 

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 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 and 

countervailing duty 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 antidumping 

and countervailing duty orders. See 

Letter from Susan H. Kuhbach to 

Barbara P. Sidari, dated July 30, 1998, 

which is available 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 antidumping and 

countervailing duty 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 

antidumping and countervailing duty 

orders. See Memorandum from John 

Brinkmann to Richard Moreland, dated 

May 24, 1999, which is available 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 antidumping and countervailing 

duty 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 of 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). 

Information Considered Since the 

Preliminary Results 

In the seventh administrative review 

and the preliminary results of this 

review, we found the following social 

security reductions and exemptions 

(sgravi) programs countervailable: Law 

223/91, Article 8, Paragraph 2 and 

Article 25, Paragraph 9. We provided 

the GOI with two opportunities to 

demonstrate that these programs are not 

countervailable but the GOI did not 

respond to the industry usage portion of 

these supplemental questionnaires. 

For another social security benefit 

(provided under Legislative Decree 276/ 

03), we stated in the preliminary results 

that we needed additional information. 

However, the GOI did not provide 

industry usage data in response to our 

post–preliminary questionnaire. 

Moreover, based on our review of the 

record evidence, we find that Legislative 

Decree 276/03 is a continuation of one 

or more other programs determined to 

be countervailable in the seventh 

administrative review (Law 25/55 or 

Law 56/87). 

Based on the above, we find that the 

GOI has not provided sufficient 

information that would lead us to 

reconsider our prior findings that Social 

Security benefits under Law 223/91, 

Article 8, Paragraph 2 and Law 223/91, 

Article 25, Paragraph 9 are 

countervailable. Further, we find that, 

based upon record evidence, Legislative 

Decree 276/03 provides for a 

continuation of subsidy benefits which 

we previously determined were 

countervailable. Therefore, we are 

treating these benefits as countervailable 

subsidies for the final results. 

For additional details, see January 27, 

2009, Issues and Decision Memorandum 

for the Eleventh (2006) Countervailing 

Duty Administrative Review of Certain 

Pasta from Italy (‘‘Decision 

Memorandum’’). 

As a result of the Department’s 

finding with respect to Legislative 

Decree 276/03, there has been one 

change since the Preliminary Results 

which affects the subsidy rate for De 

Matteis, De Cecco, and Garofalo. See 

Decision Memorandum. 

All issues raised in the case brief filed 

by Garofalo are addressed in the 

Decision Memorandum, which is hereby 

adopted by this notice. Attached to this 

notice as an appendix is a list of the 

issues which this interested party raised 

and to which we have responded in the 

Decision Memorandum. Parties can find 

a complete discussion of all issues 

raised in this review and the 

corresponding recommendations in this 

public memorandum, which is on file in 

the Department’s CRU. In addition, a 

complete version of the Decision 

Memorandum can be accessed directly 

on the Web at http://ia.ita.doc.gov/frn/ 

index.html. The paper copy and 

electronic version of the Decision 

Memorandum are identical in content. 

Final Results of Review 

In accordance with 19 CFR 

351.221(b)(4)(i), we calculated 

individual subsidy rates for De Matteis, 

Garofalo, and De Cecco. For the revised 

rate calculations, see Memorandum to 

the File, ‘‘2006 Final Results Calculation 

Memorandum for De Matteis 

Agroalimentare S.p.A.,’’ dated January 

27, 2009 (‘‘De Matteis Final Calc 

Memo’’); Memorandum to the File, 

‘‘2006 Final Results Calculation 

Memorandum for F.lli De Cecco di 

Filippo Fara San Martino S.p.A.,’’ dated 

January 27 , 2009 (‘‘De Cecco Final Calc 

Memo’’); and Memorandum to the File, 

‘‘2006 Final Results Calculation 

Memorandum for Pastificio Lucio 

Garofalo S.p.A.,’’ dated January 27, 2009 

(‘‘Garofalo Final Calc Memo’’). For a 

complete analysis of the programs found 

to be countervailable and the basis for 

the Department’s determination, see the 

Decision Memorandum. 

For the period January 1, 2006, 

through December 31, 2006, we find the 

net subsidy rates for the producers/ 

exporters under review to be those 

specified in the chart shown below: 

Producer/Exporter Net Subsidy Rate 

De Matteis 

Agroalimentare S.p.A. 2.69% 

Pastificio Lucio Garofalo 

S.p.A. ........................ 1.62% 

F.lli De Cecco di Filippo 

Fara San Martino 

S.p.A. ........................ 0.88% 

Pastificio Felicetti SrL ... 0.00% 

All–Others Rate ............ 3.85% 

The calculations will be disclosed to 

the interested parties in accordance 

with 19 CFR 351.224(b). 

Because the countervailing duty rate 

for Felicetti is zero, we will instruct U.S. 


yshivers on PROD1PC62 with NOTICES
5924 Federal Register / Vol. 74, No. 21 / Tuesday, February 3, 2009 / Notices 

Customs and Border Protection (‘‘CBP’’) 

to liquidate entries for Felicetti during 

the period January 1, 2006, through 

December 31, 2006, without regard to 

countervailing duties in accordance 

with 19 CFR 351.106(c). For De Matteis, 

Garofalo, and De Cecco, the Department 

will instruct CBP to assess 

countervailing duties at these net 

subsidy rates. The Department will 

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. which was 

revoked from the order), the Department 

has directed CBP to assess 

countervailing duties on all entries 

between January 1, 2006, and December 

31, 2006, 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. Since the 

countervailable subsidy rate for Felicetti 

is zero, the Department will instruct 

CBP to continue to suspend liquidation 

of entries, but to collect no cash 

deposits. 

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. 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: January 27, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

APPENDIX 

List of Comments and Issues in the 

Decision Memorandum 

Comment 1: Garofalo’s Benchmark Rate 

for Its 1998 Loan under Law 64/86 

Comment 2: Garofalo’s Discount Rate for 

Grants under Law 64/86 

[FR Doc. E9–2238 Filed 2–2–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XM93 

Council Coordination Committee 

Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of a public meeting. 

SUMMARY: NMFS will host a meeting of 

the Council Coordination Committee 

(CCC), consisting of the Regional 

Fishery Management Council chairs, 

vice chairs, and executive directors in 

February 2009. The intent of this 

meeting is to discuss issues of relevance 

to the Councils, including FY 2009 

budget allocations, budgetary planning 

and performance metrics, the upcoming 

5-year grants awards cycle, and 

implementation of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). 

DATES: The meeting will begin at 9 a.m. 

on Wednesday, February 25, 2009, 

recess at 5:30 p.m. or when business is 

complete; and reconvene at 8:30 a.m. on 

Thursday, February 26, 2009, and 

adjourn by 4:30 p.m. 

ADDRESSES: The meeting will be held at 

the Crowne Plaza Hotel, 8777 Georgia 

Avenue, Silver Spring, MD 20910, 

telephone 301–589–0800, fax 301–587– 

4791. 

FOR FURTHER INFORMATION CONTACT: 

William D. Chappell: telephone 301– 

713–2337 or e-mail at 

William.Chappell@noaa.gov; or Linda 

Moon: telephone 301–713–2337 or email at Linda.Moon@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act (MSRA) of 2006 

established the Council Coordination 

Committee (CCC) by amending Section 

302 (16 U.S.C. 1852) of the MagnusonStevens Act. The committee consists of 

the chairs, vice chairs, and executive 

directors of each of the eight Regional 

Fishery Management Councils 

authorized by the Magnuson-Stevens 

Act or other Council members or staff. 

NMFS will host this meeting and 

provide reports to the CCC for its 

information and discussion. The main 

topics of discussion will be the FY2009 

budget allocation, budgetary planning 

and performance metrics, 

implementation of the provisions of the 

MSRA, and related guidance and 

technical regulatory changes. All 

sessions are open to the public. 

Proposed Agenda 

Wednesday, February 25, 2009 

9:00 a.m. Morning Session Begins 

9:00–10:00 Welcome comments and 

open session with Councils 

10:00–10:30 Marine Protected Areas 

Update 

10:30–10:45 Break 

10:45–12:00 p.m. Budget issues (General 

update and FY 2009 allocation) 

• Council base funding 

• Limited Access Privilege Programs 

funding 

• Stipends 

12:00–1:30 Lunch 

1:30 Afternoon Session Begins 

1:30–3:00 Planning Programming 

Budgeting and Execution System and 

Performance Metrics 

3:00–3:15 Break 

3:15–4:15 Five Year Grants Award Cycle 

4:15–5:15 Observer Costs Comparison 

5:15–5:30 Maintaining Complete 

Council Fishery Management Plans 

(FMPs) 

5:30 p.m. Adjourn for the Day 

Thursday, February 26, 2009 

8:30 a.m.–Morning Session Begins 

8:30–10:00 Magnuson-Stevens Act 

Implementation— 

• General overview/update 

• Marine Recreational Information 

Program (MRIP) 

• National Standard 2 guidelines 

• National Environmental Policy Act 

procedures 

• Annual catch limit (ACL) and 

accountability measure guidance 

10:00–10:15 a.m. Break 

10:15–12:00 p.m. Council Reports/ 

Updates by each Council 

• ACLs—Status of implementation for 

2010& 2011 

• Ending overfishing—Measures in 

FMPs or plans for each stock 

• Rebuilding status—Progress toward 

targets for each stock 


yshivers on PROD1PC62 with NOTICES