Notices. Notice of appeal and request for comments

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BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-570-831] Fresh Garlic From the People's Republic of China; Initiation of New Shipper Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: October 26, 2005. SUMMARY: The Department of Commerce (the “Department”) has determined that a request for a new shipper review of the antidumping duty order on fresh garlic from the People's Republic of China (“PRC”), received in May 2005, meets the statutory and regulatory requirements for initiation.

The period of review (“POR”) of this new shipper review is November 1, 2004, through April 30, 2005. FOR FURTHER INFORMATION CONTACT: Ryan A. Douglas or Wendy Frankel, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-1277 and

(202)482-5849, respectively. SUPPLEMENTARY INFORMATION: Background The notice announcing the antidumping duty order on fresh garlic from the PRC was published on November 16, 1994. *See Antidumping Duty Order: Fresh Garlic From the People's Republic of China* , 59 FR 59209 (November 16, 1994). On May 17, 2005, we received a timely request for a new shipper review from Anqiu Friend Food Co., Ltd. (“Anqiu Friend”) in accordance with 19 CFR 351.214(d)(2). Anqiu Friend has certified that it grew and exported the garlic on which it based its request for a new shipper review. The Department initially denied Anqiu Friend's request for a new shipper review in this case. However, as a result of litigation and agreement with the requester, the Department has reconsidered its decision and is now initiating the new shipper review. Initiation of New Shipper Reviews Pursuant to section 751(a)(2)(B)(i)(I) of the Tariff Act of 1930, as amended (“the Act”) and 19 CFR 351.214(b)(2), Anqiu Friend certified that it did not export fresh garlic to the United States during the period of investigation (“POI”). Pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Anqiu Friend certified that, since the initiation of the investigation, it has never been affiliated with any exporter or grower who exported fresh garlic to the United States during the POI, including those not individually examined during the investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), Anqiu Friend also certified that its export activities were not controlled by the central government of the PRC. In addition to the certifications described above, the exporter submitted documentation establishing the following:

(1)the date on which it first shipped fresh garlic for export to the United States and the date on which the fresh garlic was first entered, or withdrawn from warehouse, for consumption;

(2)the volume of its first shipment and the volume of subsequent shipments; and

(3)the date of its first sale to an unaffiliated customer in the United States. Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), we are initiating this new shipper review for shipments of fresh garlic from the PRC grown and exported by Anqiu Friend. *See* Memorandum to the File through Wendy Frankel, “New Shipper Initiation Checklist,” dated October 12, 2005. The POR is November 1, 2004, through April 30, 2005. *See* 19 CFR 351.214(g)(1)(i)(B). We intend to issue preliminary results of these reviews no later than 180 days from the date of initiation, and final results of these reviews no later than 270 days from the date of initiation. *See* section 751(a)(2)(B)(iv) of the Act. Because Anqiu Friend has certified that it grew and exported the fresh garlic on which it based its request for a new shipper review, we will instruct U.S. Customs and Border Protection to allow, at the option of the importer, the posting of a bond or security in lieu of a cash deposit for each entry of fresh garlic both grown and exported by Anqiu Friend until the completion of the new shipper review, pursuant to section 751(a)(2)(B)(iii) of the Act. Interested parties that need access to proprietary information in this new shipper review should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: October 20, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-5951 Filed 10-25-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-570-601] Tapered Roller Bearings and Parts Thereof, Finished or Unfinished From The People's Republic of China: Notice of Partial Rescission of the Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 1, and Sept 12, 2005, respectively, Yantai Timken Company Limited (“Yantai Timken”) and Wanxiang Group Company (“Wanxiang”) withdrew their requests for administrative review. Accordingly, because no other party requested a review for either company, we are rescinding, in accordance with 19 CFR 351.213(d)(1), the administrative review of sales of tapered roller bearings and parts thereof, finished or unfinished (“TRBs”) from The People's Republic of China (“PRC”) for the period covering June 1, 2004 through May 31, 2005, for Yantai Timken and Wanxiang. EFFECTIVE DATE: October 26, 2005. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Hua Lu, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-4243 and

(202)482-6478, respectively. SUPPLEMENTARY INFORMATION: Background On June 15, 1987, the Department published in the **Federal Register** the antidumping duty order on TRBs from PRC. *See Antidumping Duty Order: Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, From the People's Republic of China* , 52 FR 22667 (June 15, 1987). On June 1, 2005, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on TRBs from the PRC for the period June 1, 2004, through May 31, 2005. *See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation: Opportunity to Request Administrative Review* , 70 FR 31422 (June 1, 2005). On June 30, 2005, Yantai Timken and Wanxiang requested administrative reviews of their sales to the United States during the period of review (“POR”). No other party requested an administrative review of Yantai Timken or Wanxiang for this time period. On July 21, 2005, the Department published in the **Federal Register** a notice of the initiation of the antidumping duty administrative review of TRBs from the PRC for the 2004-2005 POR. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 70 FR 30694 (May 27, 2005) (“ *Initiation Notice* ”). 1 Wanxiang withdrew its request for review on July 1, 2005 and on September 12, 2005, Yantai Timken withdrew its request for review. 1 The initiation notice inadvertently failed to include Wanxiang in the list of companies covered by the review. On August 29, 2005, the Department issued an amendment to its July 21, 2005, *Initiation Notice* , including Wanxiang in the 2004-2005 review. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part* , 70 FR 51009, 51010 (August 29, 2005). Partial Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of requested review. Yantai Timken and Wanxiang withdrew their respective requests for review within the 90-day time limit and no other party requested a review with respect to either Yantai Timken or Wanxiang. Accordingly, we are rescinding this administrative review of the sales in the United States made by Yantai Timken and Wanxiang and will issue appropriate assessment instructions to U.S. Customs and Border Protection. Notification to Importers This notice 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 prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's assumption that reimbursement of antidumping duties occurred and subsequent assessment of double antidumping duties. This notice is in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4) of the Department's regulations. Dated: October 20, 2005. Gary Taverman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5-5950 Filed 10-25-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [C-475-819] Certain Pasta from Italy: Notice of Partial Rescission of Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request made on July 29, 2005, by Moline e Pastificio Tomasello S.r.L., the Department of Commerce initiated an administrative review of the countervailing duty order on certain pasta from Italy, covering the period January 1, 2004, through December 31, 2004. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part* , 70 FR 51009 (August 29, 2005). As a result of a timely withdrawal of the request for review by Moline e Pastificio Tomasello S.r.L., we are rescinding this review, in part. EFFECTIVE DATE: October 26, 2005. FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Marc Rivitz, AD/CVD Operations, Office 1, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone

(202)482-0182 and

(202)482-1382, respectively. SUPPLEMENTARY INFORMATION: Background On July 24, 1996, the Department of Commerce (“the Department”) published a countervailing duty order on certain pasta from Italy. *See Notice of Countervailing Duty Order and Amended Final Affirmative Countervailing Duty Determination: Certain Pasta (“Pasta”) From Italy* , 61 FR 38543 (July 24, 1996). On July 29, 2005, Moline e Pastificio Tomasello S.r.L. requested an administrative review of the countervailing duty order on certain pasta from Italy covering the period January 1, 2004, through December 31, 2004. In accordance with 19 CFR 351.221(c)(1)(i), we published a notice of initiation of the review on August 29, 2005. * See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests 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 Secretary for 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 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 East-West 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 East-West 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]

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