71464 Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Notices 

1Petitioners are New World Pasta Company, 

Dakota Growers Pasta Company, Borden Foods 

Corporation and American Italian Pasta Company. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–475–818] 

Notice of Final Results of the Eighth 

Administrative Review of the 

Antidumping Duty Order on Certain 

Pasta From Italy and Determination to 

Revoke in Part 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On July 22, 2005, the 

Department of Commerce (‘‘the 

Department’’) published the preliminary 

results and partial rescission of the 

eighth administrative review and 

revocation of the antidumping duty 

order in part, for the antidumping duty 

order on certain pasta from Italy. The 

review covers six manufacturers/ 

exporters: (1) Barilla G.e.R. Fratelli, 

S.p.A. (‘‘Barilla’’) (formerly Barilla 

Alimentare, S.p.A.), (2) Corticella 

Molini e Pastifici S.p.A. and its affiliate 

Pasta Combattenti S.p.A. (‘‘Corticella’’), 

(3) Industrie Alimentare Colavita, S.p.A. 

(‘‘Indalco’’), (4) Pastificio F.lli Pagani 

S.p.A. (‘‘Pagani’’), (5) Pastificio Antonio 

Pallante S.r.L. and its affiliate Vitelli 

Foods LLC (‘‘Pallante’’), and (6) 

Pastificio Riscossa F.lli Mastromauro, 

S.r.L. (‘‘Riscossa’’). The period of review 

(‘‘POR’’) is July 1, 2003, through June 

30, 2004. 

As a result of our analysis of the 

comments received, these final results 

differ from the preliminary results. We 

have also determined to revoke the 

antidumping duty order with respect to 

subject merchandise produced and also 

exported by Pallante because the 

company sold the subject merchandise 

at not less than normal value (‘‘NV’’) for 

a period of at least three consecutive 

years. See 19 CFR 351.222(b)(2) and the 

‘‘Revocation’’ section of this notice. The 

final results are listed in the ‘‘Final 

Results of Review’’ section below. 

EFFECTIVE DATE: November 29, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Dennis McClure and Robert Copyak, 

AD/CVD Operations, Office 3, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, Washington, DC 20230; 

telephone: (202) 482–5973 and (202) 

482–2209, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 22, 2005, the Department 

published the preliminary results of the 

eighth administrative review of the 

antidumping duty order on certain pasta 

from Italy. See Notice of Preliminary 

Results, Partial Rescission of 

Antidumping Duty Administrative 

Review and Revocation of the 

Antidumping Duty Order in Part: For 

the Eighth Administrative Review of the 

Antidumping Duty Order on Certain 

Pasta from Italy, 70 FR 42303 (July 22, 

2005) (‘‘Preliminary Results’’). 

We invited parties to comment on our 

Preliminary Results. On August 22, 

2005, we received case briefs from 

petitioners 1 and from Barilla, Indalco, 

Pagani, and Pallante. On August 26, 

2005, we received rebuttal briefs from 

petitioners and Indalco, and from 

Pagani and Barilla on August 29, 2005. 

On August 30, 2005, petitioners 

requested that the Department reject 

Pagani’s and Barilla’s rebuttal briefs 

because they failed to meet the filing 

deadline. Pagani and Barilla state in 

their August 31, 2005, letters that their 

rebuttal briefs were timely filed in 

accordance with 19 CFR 351.303(b). The 

due date of filing a rebuttal brief fell on 

Saturday, August 27, 2005. Pagani and 

Barilla filed their rebuttal briefs on the 

first business day—Monday, August 29, 

2005. We accept Pagani’s and Barilla’s 

rebuttal briefs because they were timely 

filed within the meaning of 19 CFR 

351.303(b). On October 5, 2005, a public 

hearing was held at the Department of 

Commerce with respect to Pagani. 

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 Bioagricoop Scrl, by QC&I 

International Services, by Ecocert Italia, 

by Consorzio per il Controllo dei 

Prodotti Biologici, or by Associazione 

Italiana per l’Agricoltura Biologica. 

The merchandise subject to this order 

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. 

Revocation 

On July 30, 2004, Pallante and Pagani 

submitted requests for revocation of the 

antidumping duty order with respect to 

their sales of the subject merchandise 

pursuant to 19 CFR 351.222(b). In the 

Preliminary Results, we preliminarily 

determined to revoke the antidumping 

duty order with respect to subject 

merchandise produced and exported by 

Pallante. See 70 FR at 42304. We did not 

receive any comments from interested 

parties concerning our revocation with 

respect to Pallante. For the reasons set 

forth in the Preliminary Results, 70 FR 

at 42304, we continue to find that 

revocation is appropriate with respect to 

Pallante and, thus, we revoke the 

antidumping duty order with respect to 

subject merchandise produced and 

exported by Pallante. With regards to 

Pagani, we find that Pagani made sales 

of subject merchandise at less than NV. 

Therefore, we are not revoking the 

antidumping duty order with respect to 

Pagani. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

administrative review are addressed in 

the Issues and Decision Memorandum, 

which is hereby adopted by this notice. 

A list of the issues which parties have 

raised, and to which we have responded 

in the Issues and Decision 

Memorandum, is attached to this notice 

as an Appendix. In addition, a complete 

version of the Issues and Decision 

Memorandum can be accessed directly 

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

The paper copy and electronic version 

of the Issues and Decisions 

Memorandum are identical in content. 

Final Results of Review 

We determine that the following 

weighted-average margins exist for the 

period July 1, 2003, through June 30, 

2004: 

Manufacturer/Exporter Margin 

(percent) 

Barilla ........................................ 20.68 

Corticella ................................... 3.41 

Indalco ...................................... 2.59 

Pagani ....................................... 2.76 

Pallante ..................................... 1 0.34 

Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Notices 71465 

Manufacturer/Exporter Margin 

(percent) 

Riscossa ................................... 2.03 

1 De minimis. 

Assessment 

The Department shall determine, and 

U.S. Customs and Border Protection 

(CBP) shall assess, antidumping duties 

on all appropriate entries. In accordance 

with 19 CFR 351.212(b), we have 

calculated exporter/importer-specific 

duty assessment rates by aggregating the 

dumping margins for the examined U.S. 

sales for each importer and dividing the 

amount by the total entered value of the 

sales for that importer. In situations in 

which the importer-specific assessment 

rate is above de miminis, we will 

instruct CBP to assess antidumping 

duties on that importer’s entries of 

subject merchandise. The Department 

will issue appropriate assessment 

instructions directly to CBP within 15 

days of publication of these final results 

of review. 

Cash Deposit Requirements 

The following deposit requirements 

will be effective upon publication of 

this notice of final results of the 

administrative review for all shipments 

of certain pasta from Italy entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of these final results, as 

provided by section 751(a)(1) of the Act: 

(1) The cash deposit rates for the 

reviewed companies will be the rates 

shown above, except where the margin 

is de minimis or zero we will instruct 

CBP not to collect cash deposits; (2) for 

previously reviewed or investigated 

companies not listed above, the cash 

deposit rate will continue to be the 

company-specific rate published for the 

most recent period; (3) if the exporter is 

not a firm covered in this review, a prior 

review, or the original less-than-fairvalue investigation, but the 

manufacturer is, the cash deposit rate 

will be the rate established for the most 

recent period for the manufacturer of 

the merchandise; and (4) the cash 

deposit rate for all other manufacturers 

or exporters will continue to be 11.26 

percent, the ‘‘All Others’’ rate 

established in the less-than-fair-value 

investigation. See Notice of 

Antidumping Duty Order and Amended 

Final Determination of Sales at Less 

Than Fair Value: Certain Pasta from 

Italy, 61 FR 38547 (July 24, 1996). These 

deposit requirements shall remain in 

effect until publication of the final 

results of the next administrative 

review. 

Notification 

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 duties 

and/or countervailing duties prior to 

liquidation of the relevant entries 

during this review period. Failure to 

comply with this requirement may 

result in the Secretary’s 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. 

This notice also 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. Timely 

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 are 

sanctionable violations. 

We are issuing and publishing this 

determination and notice in accordance 

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

the Act. 

Dated: November 21, 2005. 

Joseph A. Spetrini, 

Acting Assistant Secretary for Import 

Administration. 

Appendix I—List of Comments and 

Issues in the Decision Memorandum 

Barilla G.e.R. Fratelli, S.p.A. 

Comment 1: Freight Expenses For Certain 

U.S. Sales. 

Comment 2: U.S. Indirect Selling Expense. 

Industria Alimentare Colavita, S.p.A. and 

Fusco S.r.l. 

Comment 3: Liquidation Instructions. 

Comment 4: Treatment of Negative 

Dumping Margins. 

Comment 5: Treatment of Affiliated Party 

G&A. 

Comment 6: Ministerial Errors. 

Comment 7: Home-Market Level of Trade. 

Comment 8: Cost Data Used to Calculate 

the Difference-in-Merchandise Adjustment. 

Pastificio F.lli Pagani S.p.A. 

Comment 9: Interest/Exchange Revenue 

Claim. 

Comment 10: Interest Expense—Interest 

Free Loan from Parent Company. 

Comment 11: G&A Expenses—

Adjustments. 

Pastificio Antonio Pallante S.r.L. and Vitelli 

Food LLC 

Comment 12: Treatment of Free Pasta. 

Comment 13: Correction to Cost 

Calculations. 

[FR Doc. 05–23459 Filed 11–28–05; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Application for Duty-Free Entry of 

Scientific Instrument 

Pursuant to Section 6(c) of the 

Educational, Scientific and Cultural 

Materials Importation Act of 1966 (Pub. 

L. 89–651; 80 Stat. 897; 15 CFR part 

301), we invite comments on the 

question of whether an instrument of 

equivalent scientific value, for the 

purposes for which the instrument 

shown below is intended to be used, is 

being manufactured in the United 

States. 

Comments must comply with 15 CFR 

301.5(a)(3) and (4) of the regulations and 

be filed within 20 days with the 

Statutory Import Programs Staff, U.S. 

Department of Commerce, Washington, 

DC 20230. Applications may be 

examined between 8:30 a.m. and 5 p.m. 

in Suite 4100W, U.S. Department of 

Commerce, Franklin Court Building, 

1099 14th Street, NW., Washington, DC. 

Docket Number: 05–045 

Applicant: Department of Molecular 

Physiology and Biophysics, College of 

Medicine, HSFR Building, 149 

Beaumont Avenue, Burlington, VT 

05401. 

Instrument: Electron Microscope, 

Model Morgagni 268 

Manufacturer: FEI Company, Czech 

Republic. 

Intended Use: The instrument is 

intended to be used to examine and 

photograph high-resolution digital 

images of the anatomical, physiological 

and pathological structures and 

processes of samples from a broad range 

of tissue specimens. The images can be 

conveniently stored for future use or 

shared with other researchers via the 

Internet. Application accepted by 

Commissioner of Customs: October 18, 

2005. 

Gerald A. Zerdy, 

Program Manager, Statutory Import Programs 

Staff. 

[FR Doc. 05–23458 Filed 11–28–05; 8:45 am] 

BILLING CODE 3510–DS–P