Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices 61789 

for Revocation in Part, 70 FR 51009 

(August 29, 2005). On September 29, 

2005, Moline e Pastificio Tomasello 

S.r.L. withdrew its request for review. 

No other party requested a review for 

Moline e Pastificio Tomasello S.r.L.. 

Scope of the Countervailing Duty Order 

Imports covered by this order are 

shipments of certain non–egg dry pasta 

in packages of five pounds (2.27 

kilograms) or less, whether or not 

enriched or fortified or containing milk 

or other optional ingredients such as 

chopped vegetables, vegetable purees, 

milk, gluten, diastases, 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, 

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 publically 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 B–099 of the main 

Department building. 

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. 

The Department has issued the 

following scope rulings: 

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 23, 1997, the 

petitioners filed an application 

requesting that the Department initiate 

an anti–circumvention investigation of 

Barilla S.r.L. (‘‘Barilla’’), an Italian 

producer and exporter of pasta. The 

Department initiated the investigation 

on December 8, 1997. See Initiation of 

Anti–Circumvention Inquiry on 

Antidumping Duty Order on Certain 

Pasta From Italy, 62 FR 65673 

(December 15, 1997). On October 5, 

1998, the Department issued its final 

determination that, pursuant to section 

781(a) of the Tariff Act of 1930, as 

amended by the Uruguay Round 

Agreements Act effective January 1, 

1995 (‘‘the Act’’), circumvention of the 

antidumping order on pasta from Italy 

was occurring by reason of exports of 

bulk pasta from Italy produced by 

Barilla which subsequently were 

repackaged in the United States into 

packages of five pounds or less for sale 

in the United States. See Anti–

Circumvention Inquiry of the 

Antidumping Duty Order on Certain 

Pasta from Italy: Affirmative Final 

Determination of Circumvention of the 

Antidumping Duty Order, 63 FR 54672 

(October 13, 1998). 

4. 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. 

5. 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 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). 

Rescission of Review 

The Department’s regulations at 

351.213(d)(1) provide that the 

Department will rescind an 

administrative review, in part, if a party 

that requested a review withdraws the 

request within 90 days of the date of 

publication of the notice of initiation of 

the requested review. Moline e 

Pastificio Tomasello S.r.L. withdrew its 

request for an administrative review on 

September 15, 2005, which is within the 

90–day deadline, and no other party 

requested a review with respect to this 

company. Therefore, the Department is 

rescinding this administrative review, in 

part, for Moline e Pastificio Tomasello 

S.r.L. 

This notice is issued and published in 

accordance with 19 CFR 351.213(d)(4). 

Dated: October 20, 2005. 

Gary Taverman, 

Acting Deputy Assistant Secretaryfor Import 

Administration. 

[FR Doc. E5–5952 Filed 10–25–05; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Federal Consistency Appeal by Puerto 

Rico Highway and Transportation 

Authority From an Objection by the 

Puerto Rico Planning Board 

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (Commerce). 

ACTION: Notice of appeal and request for 

comments. 

SUMMARY: This announcement provides 

notice that the Puerto Rico Highway and 

Transportation Authority has filed an 

administrative appeal with the 

Department of Commerce asking that 

the Secretary override the Puerto Rico 

61790 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices 

Planning Board’s objection to a 

consistency certification prepared in 

conjunction with the proposed 

reconstruction of a stone revetment and 

replacement of a bridge at Aguadilla 

Bay. 

DATES: Public and federal agency 

comments on the appeal are due within 

30 days of the publication of this notice. 

ADDRESSES: All e-mail comments on 

issues relevant to the Secretary’s 

decision in this appeal may be 

submitted to 

prhighway.comments@noaa.gov. 

Comments may also be sent by mail to 

Brett Grosko, Attorney-Adviser, Office 

of the General Counsel for Ocean 

Services, National Oceanic and 

Atmospheric Administration, U.S. 

Department of Commerce, 1305 EastWest Highway, Room 6111 Silver 

Spring, MD 20910. Materials from the 

appeal record will be available at the 

NOAA Office of the General Counsel for 

Oceanic Services. In addition, public 

filings made by the parties to the appeal 

will be available at the office of the 

Puerto Rico Planning Board. 

FOR FURTHER INFORMATION CONTACT: 

Brett Grosko, Attorney-Adviser, NOAA 

Office of the General Counsel, 301–713–

7384. 

SUPPLEMENTARY INFORMATION: 

I. Notice of Appeal 

The Puerto Rico Highway and 

Transportation Authority (PRHTA) has 

filed a notice of appeal with the 

Secretary of Commerce pursuant to the 

Coastal Zone Management Act of 1972 

(CZMA), 16 U.S.C. 1451 et seq., and 

implementing regulations found at 15 

CFR Part 930, Subpart H. The PRHTA 

appealed an objection raised by the 

Puerto Rico Planning Board to a 

consistency certification contained 

within its application to the U.S. Army 

Corps of Engineers for a permit 

necessary to reconstruct a stone 

revetment and replace a bridge at 

Aguadilla Bay. 

The Appellant requests that the 

Secretary override the Puerto Rico 

Planning Board’s consistency objection 

on the basis that the proposed activity 

is ‘‘consistent with the objectives’’ of the 

CZMA. To make this determination, the 

Secretary must find that: (1) The 

proposed activity furthers the national 

interest as articulated in section 302 or 

303 of the CZMA, in a significant or 

substantial manner; (2) the adverse 

effects of the proposed activity do not 

outweigh its contribution to the national 

interest, when those effects are 

considered separately or cumulatively; 

and (3) no reasonable alternative is 

available that would permit the activity 

to be conducted in a manner consistent 

with enforceable policies of Puerto 

Rico’s management program. 15 CFR 

930.121. The Appellant also requests 

that the Secretary override the Puerto 

Rico Planning Board’s consistency 

objection on the basis that the proposed 

activity is necessary in the interest of 

national security. To reach this 

conclusion, the Secretary must find that 

a national defense or other national 

security interest would be significantly 

impaired were the activity in question 

not permitted to go forward as 

proposed. 15 CFR 930.122. 

II. Public and Federal Agency 

Comments 

Written public comments are invited 

on any of the issues that the Secretary 

must consider in deciding this appeal. 

Comments must be received within 30 

days of the publication of this notice, 

and may be submitted by e-mail to 

prhighway.comments@noaa.gov. 

Comments may also be sent to Brett 

Grosko, Attorney-Adviser, NOAA Office 

of the General Counsel for Ocean 

Services, National Oceanic and 

Atmospheric Administration, U.S. 

Department of Commerce, 1305 EastWest Highway, Room 6111, Silver 

Spring, MD 20910. Comments will be 

made available to the PRHTA and the 

Puerto Rico Planning Board. 

III. Appeal Documents 

NOAA intends to provide the public 

with access to all materials and related 

documents comprising the appeal 

record during business hours, at the 

NOAA Office of the General Counsel for 

Ocean Services. In addition, copies of 

public filings by the parties will be 

available for review at the offices of the 

Puerto Rico Planning Board. 

For additional information about this 

appeal contact Brett Grosko, 301–713–

7384. 

Dated: October 19, 2005. 

James R. Walpole, 

General Counsel. 

[Federal Domestic Assistance Catalog 

No. 11.419 Coastal Zone Management 

Program Assistance.] 

[FR Doc. 05–21384 Filed 10–25–05; 8:45 am] 

BILLING CODE 3510–08–M 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 102005A] 

North Pacific Fishery Management 

Council; Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The North Pacific Fishery 

Management Council’s (NPFMC) Gulf of 

Alaska (GOA) and Bering Sea/Aleutian 

Islands (BS/AI) groundfish plan teams 

will meet in Seattle. 

DATES: The meetings will be held on 

November 14–18, 2005. 

ADDRESSES: The meetings will be held at 

the Alaska Fisheries Science Center, 

7600 Sand Point Way NE., Bldg. 4, 

Room 2039 (BS/AI Plan Team) and 

Room 2076 (GOA Plan Team), Seattle, 

WA. 

Council address: North Pacific 

Fishery Management Council, 605 W. 

4th Ave., Suite 306, Anchorage, AK 

99501–2252. 

FOR FURTHER INFORMATION CONTACT: Jane 

DiCosimo, Diana Stram, NPFMC, 

telephone: (907) 271–2809. 

SUPPLEMENTARY INFORMATION: The 

meetings will begin at 1 p.m. on 

Monday, November 14, and continue 

through Friday, November 18. 

The Teams will prepare the final 

Economic Stock Assessment Fishery 

Evaluation (SAFE) report, Ecosystem 

chapter, GOA and BSAI Groundfish 

SAFE reports and recommend Final 

acceptable biological catch 

Specifications for 2006/07 Groundfish 

fisheries. 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, those 

issues may not be the subject of formal 

action during this meeting. Action will 

be restricted to those issues specifically 

identified in this notice and any issues 

arising after publication of this notice 

that require emergency action under 

section 305(c) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, provided the public has been 

notified of the NPFMC’s intent to take 

final action to address the emergency. 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Gail Bendixen,