Federal Register / Vol. 74, No. 21 / Tuesday, February 3, 2009 / Notices 5921 

recommended decision and order in which to 

submit simultaneous responses. Parties 

thereafter shall have eight days from receipt 

of any response(s) in which to submit replies. 

Any response or reply must be received 

within the time specified by the Under 

Secretary. 

(c) Final decision. Within 30 days after 

receipt of the recommended decision and 

order, the Under Secretary shall issue a 

written order affirming, modifying or 

vacating the recommended decision and 

order of the administrative law judge. If he/ 

she vacates the recommended decision and 

order, the Under Secretary may refer the case 

back to the administrative law judge for 

further proceedings. Because of the time 

limits, the Under Secretary’s review will 

ordinarily be limited to the written record for 

decision, including the transcript of any 

hearing, and any submissions by the parties 

concerning the recommended decision. 

(d) Delivery. The final decision and 

implementing order shall be served on the 

parties and will be publicly available in 

accordance with § 766.20 of this part. 

(e) Appeals. The charged party may appeal 

the Under Secretary’s written order within 15 

days to the United States Court of Appeals 

for the District of Columbia pursuant to 50 

U.S.C. app. 2412(c)(3). 

Certificate of Service 

I hereby certify that I have served the 

foregoing Recommended Decision and Order 

as indicated below to the following person(s): 

Mario Mancuso, Under Secretary of 

Commerce for Industry and Security, U.S. 

Department of Commerce, Room H–3892, 

14th Street & Constitution Avenue, NW., 

Washington, DC 20230. (By Facsimile to 

202–482–2387 and Federal Express.) 

Charles G. Wall, Gregory Michelsen, 

Attorneys for Bureau of Industry and 

Security, Office of Chief Counsel for 

Industry and Security, U.S. Department of 

Commerce, Room 11–3 839, 14th Street & 

Constitution Avenue, NW., Washington, 

DC 20230. (By Facsimile to 202–482–0085 

and Federal Express.) 

Wayne LaFleur, 339 Torrey Pines Point, 

Naples, FL 34113. (By Federal Express.) 

Peter Goldsmith, 2627 Staples Avenue, Key 

West, FL 33040. (By Federal Express.) 

Michele Geslin, 2627 Staples Avenue, Key 

West, FL 33040. (By Federal Express.) 

Hearing Docket Clerk, ALJ Docketing Center, 

40 S. Gay Street, Room 412, Baltimore, 

Maryland 21202–4022. (By Facsimile to 

410–962–1746 and Federal Express.) 

Done and dated this 8th day of December 

2008, New York, New York. 

Regina V. Maye, 

Paralegal Specialist to the Hon. Walter J. 

Brudzinski, Administrative Law Judge. 

[FR Doc. E9–654 Filed 2–2–09; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Emerging Technology and Research 

Advisory Committee; Notice of 

Partially Closed Meeting 

The Emerging Technology and 

Research Advisory Committee (ETRAC) 

will meet on February 10, 2009, 10:45 

a.m., Room 4830, in the Herbert C. 

Hoover Building, 14th Street between 

Pennsylvania and Constitution 

Avenues, NW., Washington, DC. The 

Committee advises the Office of the 

Assistant Secretary for Export 

Administration on emerging technology 

and research activities, including those 

related to deemed exports. 

Agenda 

Open Session 

1. State Department—What is ITAR 

and its scope? What is the line of 

demarcation of dual-use? Areas of 

regulatory uncertainty. Importance of 

deemed export controls on dual-use 

technologies subject to the CCL. 

2. BIS view: What are dual-use 

technologies; how they differ from 

ITAR; where regulatory jurisdiction 

becomes fuzzy; jurisdictional issues on 

how best to resolve the issues. 

3. Deemed Exports—BIS National 

Security & Technology Transfer 

Controls 

• What is a deemed export in all of 

its flavors. 

• What services does EA provide to 

help academics and industry 

researchers understand current 

regulations and comply with these 

rules. 

4. BIS Export Enforcement (EE)— 

deemed export rules for dual-use 

technologies subject to EAR over 5 

years. 

• Describe the levels of violations; 

prime reasons for violations. 

• Typical EE responses. 

• Frequency of prosecution. 

• Real life examples. 

5. ISTAC, MTAC briefings 

• Approaches BIS/TACs use in 

identifying, ranking, or prioritizing 

technologies in terms of importance, 

sensitivity, availability, etc. 

• Describe decision trees, process 

models, systematic processes individual 

TACs. 

• Discuss methods TACs use to 

identify, rank, or prioritize technologies 

that might be subject to deemed export 

regulations. 

• Describe types of guidance and 

tools BIS provides to TACs to enable 

sound decision making on imposition or 

relaxation of deemed export regulations. 

6. Public Comments and Questions. 

Closed Session 

7. Discussion of matters determined to 

be exempt from the provisions relating 

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

app. 2 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 3, 2009. 

A limited number of seats will be 

available for the public session. 

Reservations are not accepted. To the 

extent that time permits, members of the 

public may present oral statements to 

the Committee. The public may submit 

written statements at any time before or 

after the meeting. However, to facilitate 

the distribution of public presentation 

materials to the Committee members, 

the Committee suggests that presenters 

forward the public presentation 

materials prior to the meeting to Ms. 

Springer via e-mail. 

The Assistant Secretary for 

Administration, with the concurrence of 

the delegate of the General Counsel, 

formally determined on January 14, 

2009, pursuant to Section 10(d) of the 

Federal Advisory Committee Act, as 

amended (5 U.S.C. app. 2 (10)(d)), that 

the portion of the meeting dealing with 

matters the disclosure of which would 

be likely to frustrate significantly 

implementation of an 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 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 29, 2009. 

Yvette Springer, 

Committee Liaison Officer. 

[FR Doc. E9–2266 Filed 2–2–09; 8:45 am] 

BILLING CODE 3510–JT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Materials Technical Advisory 

Committee; Notice of Partially Closed 

Meeting 

The Materials Technical Advisory 

Committee will meet on February 12, 

2009, 10 a.m., Herbert C. Hoover 

Building, Room 3884, 14th Street 

between Constitution & Pennsylvania 

Avenues, NW., Washington, DC. The 

Committee advises the Office of the 


yshivers on PROD1PC62 with NOTICES
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