[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Notices]
[Pages 76937-76939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31676]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Notice of Final Results of the 
Fourteenth Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On August 8, 2011, the Department of Commerce (the Department) 
published the preliminary results of the fourteenth administrative 
review for the antidumping duty order on certain pasta from Italy.\1\ 
The review covers two manufacturers/exporters and 11 non-selected 
companies. Pastificio Lucio Garofalo S.p.A. (``Garofalo'') and Molino e 
Pastificio Tomasello S.p.A. (``Tomasello'') were selected as mandatory 
respondents.\2\ The period of review (``POR'') is July 1, 2009, through 
June 30, 2010.
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    \1\ See Certain Pasta from Italy: Notice of Preliminary Results 
of Antidumping Duty Administrative Review, 76 FR 48125 (August 8, 
2011) (``Preliminary Results'').
    \2\ As a result of withdrawals of request for review, we 
rescinded this review, in part, with respect to Pastificio Di 
Martino Gaetano & F.lli SpA (``Di Martino''), Pastificio Felicetti 
SrL (``Felicetti''), and Pasta Zara SpA (``Zara''). See Certain 
Pasta from Italy: Notice of Partial Rescission of Antidumping Duty 
Administrative Review, 76 FR 23973 (April 29, 2011).
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    As a result of our analysis of the comments received, the final 
results remain unchanged from the preliminary results for Garofalo and 
Tomasello. The final weighted-average dumping margins for these 
companies are listed below in the ``Final Results of Review'' section 
of this notice.

DATES: Effective Date: December 9, 2011.

FOR FURTHER INFORMATION CONTACT: Joy Zhang (Tomasello) or George 
McMahon (Garofalo) AD/CVD Operations, Office 3, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-1168 or (202) 482-1167, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 8, 2011, the Department published the preliminary results 
of the fourteenth administrative review of the antidumping duty order 
on certain pasta from Italy. On September 7, 2011, Petitioners \3\ and 
Garofalo submitted a case brief. On September 12, 2011, Petitioners 
submitted a rebuttal brief. On September 14, 2011, Tomasello submitted 
a rebuttal brief.\4\
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    \3\ Petitioners are New World Pasta Company, Dakota Growers 
Pasta Company, and American Italian Pasta Company.
    \4\ Tomasello submitted an untimely rebuttal brief. Based on 
Tomasello's explanation of the circumstances regarding its late 
filing and its request for acceptance of this brief, the Department 
extended the deadline and accepted Tomasello's rebuttal brief for 
these final results. See Letter from Melissa G. Skinner, Director, 
Office 3, to David L. Simon, counsel for Tomasello, dated September 
16, 2011.
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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.

[[Page 76938]]

    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 QC&I International Services, by Ecocert Italia, by 
Consorzio per il Controllo dei Prodotti Biologici, by Associazione 
Italiana per l'Agricoltura Biologica, by Codex S.r.L., by Bioagricert 
S.r.L., or by Instituto per la Certificazione Etica e Ambientale. 
Effective July 1, 2008, gluten free pasta is also excluded from this 
order. See Certain Pasta from Italy: Notice of Final Results of 
Antidumping Duty Changed Circumstances Review and Revocation, in Part, 
74 FR 41120 (August 14, 2009). The merchandise subject to this order is 
currently classifiable under items 1901.90.9095 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.

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 for the Final Results of the Fourteenth Administrative 
Review of the Antidumping Duty Order on Certain Pasta from Italy (2009-
2010)'' from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, 
Acting Assistant Secretary for Import Administration, (``Issues and 
Decision Memorandum''), dated concurrently with this notice and 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. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Import Administration's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is 
available in the Central Records Unit, main Commerce Building, Room 
7046. 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 signed Issues and Decision Memorandum and 
electronic version of the Issues and Decision Memorandum are identical 
in content.

Changes Since the Preliminary Results

Garofalo

    Regarding Garofalo, based on our analysis of the comments received, 
we have made no changes in calculating the dumping margin. Garofalo 
submitted a comment in its case brief regarding the Department's draft 
liquidation instructions. Based on our analysis of this comment, we 
find that, because the particular importer-specific rate referenced by 
Garofalo in its case brief is a de minimis rate, the Department has 
revised its liquidation instructions for this certain importer-specific 
rate to instruct U.S. Customs and Border Protection (``CBP'') to 
liquidate at a rate of zero percent. See Issues and Decision Memorandum 
at Comment 2.
    Regarding Tomasello, based on our analysis of the comments 
received, we have made no changes in calculating the dumping margin. 
See Issues and Decision Memorandum at Comment 3.

Final Results of Review

    We determine that the following weighted-average margins exist for 
the period July 1, 2009, through June 30, 2010:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Garofalo...................................................         3.20
Tomasello..................................................         4.18
Review-Specific Average Rate \5\ Applicable to the                  3.57
 Following Companies:......................................
Agritalia, Erasmo, Indalco, Labor, PAM, P.A.P., Afeltra,
 Fabianelli, Riscossa, Rummo, and Rustichella \6\..........
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Duty Assessment

    The Department shall determine and CBP shall assess antidumping 
duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), 
the Department calculates an assessment rate for each importer of the 
subject merchandise for each respondent. Upon issuance of the final 
results of this administrative review, if any importer-specific 
assessment rates calculated in the final results are above de minimis 
(i.e., at or above 0.5 percent), the Department will issue appraisement 
instructions directly to CBP to assess antidumping duties on 
appropriate entries.
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    \5\ This rate is a weighted-average percentage margin 
(calculated based on the publicly ranged U.S. values of the two 
reviewed companies with an affirmative dumping margin) for the 
period July 1, 2009, through June 30, 2010. See Memorandum to the 
File, titled, ``Pasta from Italy: Margin for Respondents Not 
Selected for Individual Examination,'' from Joy Zhang and George 
McMahon, Case Analysts, through James Terpstra, Program Manager, 
dated August 1, 2011.
    \6\ The non-selected companies are: Agritalia S.r.L. 
(``Agritalia''), Domenico Paone fu Erasmo S.p.A. (``Erasmo''), 
Industria Alimentare Colavita, S.p.A. (``Indalco''), Labor S.r.L. 
(``Labor''), PAM S.p.A. and its affiliate, Liguori Pastificio dal 
1820 SpA (``PAM''), P.A.P. SNC Di Pazienza G.B. & C. (``P.A.P''), 
Premiato Pastificio Afeltra S.r.L. (``Afeltra''), Pastificio 
Fabianelli S.p.A. (``Fabianelli''), Pastificio Riscossa F.lli 
Mastromauro S.p.A. (``Riscossa''), Rummo S.p.A. Molino e Pastificio 
(``Rummo''), and Rustichella d'Abruzzo S.p.A (``Rustichella'').
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    To determine whether the duty assessment rates covering the period 
were de minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), for each respondent we calculated importer (or 
customer)-specific ad valorem rates by aggregating the dumping margins 
calculated for all U.S. sales to that importer or customer and dividing 
this amount by the total entered value of the sales to that importer 
(or customer). Where an importer (or customer)-specific ad valorem rate 
is greater than de minimis, and the respondent has reported reliable 
entered values, we apply the assessment rate to the entered value of 
the importer's/customer's entries during the review period. Where an 
importer (or customer)-specific ad valorem rate is greater than de 
minimis and we do not have reliable entered values, we calculate a per-
unit assessment rate by aggregating the dumping duties due for all U.S. 
sales to each importer (or customer) and dividing this amount by the 
total quantity sold to that importer (or customer).
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This 
clarification will apply to entries of subject merchandise during the 
POR produced by the respondent for which it did not know its 
merchandise was destined for the United States. In such instances, we 
will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction. For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).

Cash Deposit Requirements

    The following antidumping duty deposit rates will be effective upon 
publication of the final results of this administrative review for all 
shipments of pasta from Italy entered, or withdrawn from warehouse, for

[[Page 76939]]

consumption on or after the publication date of these final results, as 
provided for by section 751(a)(1) of the Tariff Act of 1930, as amended 
(the Act): (1) The cash deposit rate for companies subject to this 
review will be the rate established in the final results of this 
review, except if the rate is less than 0.5 percent and, therefore, de 
minimis, no cash deposit will be required; (2) if the exporter is not a 
firm covered in this review, but was covered in a previous review or 
the original less-than-fair-value (``LTFV'') investigation, the cash 
deposit rate will continue to be the company-specific rate established 
for the most recent period; (3) if the exporter is not a firm covered 
in this review, a prior review, or the LTFV investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the subject merchandise; 
and (4) if neither the exporter nor the manufacturer is a firm covered 
by this review, a prior review, or the LTFV investigation, the cash 
deposit rate will be 15.45 percent, the all-others rate established in 
the Section 129 determination. See Implementation of the Findings of 
the WTO Panel in US--Zeroing (EC): Notice of Determinations Under 
Section 129 of the Uruguay Round Agreements Act and Revocations and 
Partial Revocations of Certain Antidumping Duty Orders, 72 FR 25261 
(May 4, 2007). These cash deposit requirements shall remain in effect 
until further notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could 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.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(5). Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 2, 2011.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I

List of Comments in the Issues and Decision Memorandum

Comment 1: Whether to use Zeroing Methodology in this Administrative 
Review for Garofalo
Comment 2: Whether the Department Should Modify its Liquidation 
Instructions to U.S. Customs and Border Protection regarding 
Garofalo
Comment 3: Whether the Department Should Include Certain Capitalized 
Labor Costs in its Calculation of Tomasello's Cost of Production

[FR Doc. 2011-31676 Filed 12-8-11; 8:45 am]
BILLING CODE 3510-DS-P