[Federal Register Volume 79, Number 40 (Friday, February 28, 2014)]
[Notices]
[Pages 11409-11411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04430]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Notice of Final Results of 16th
Antidumping Duty Administrative Review; 2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On August 7, 2013, the Department of Commerce (the Department)
published the preliminary results of the antidumping duty
administrative review of certain pasta (pasta) from Italy and gave
interested parties an opportunity to comment on the Preliminary
Results.\1\ The review covers two mandatory respondents, Pastificio
Gallo Natale & F.lli S.r.L. (Gallo), and Rummo,\2\ and six non-selected
companies.\3\ The period of review (POR) is July 1, 2011, through June
30, 2012. As a result of our analysis of the comments and information
received, these final results differ from the Preliminary Results. For
the final weighted-average dumping margin, see the ``Final Results of
Review'' section below.
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\1\ See Certain Pasta From Italy: Antidumping Duty
Administrative Review; 2011-2012, 78 FR 48146 (August 7, 2013)
(Preliminary Results), and accompanying Decision Memorandum
(Preliminary Decision Memorandum).
\2\ The ``Rummo Group'' consists of Rummo S.p.A., a producer and
seller of subject merchandise, Lenta Lavorazione, a seller of
subject merchandise, Pasta Castiglioni, a producer and seller of
subject merchandise, and the ultimate holding company (with no
operations), Rummo S.p.A. Molino e Pastificio (collectively,
``Rummo'').
\3\ The non-selected companies are: Alberto Poiatti S.p.A
(Poiatti); Delverde Industrie Alimentari S.p.A (Delverde); Fiamma
Vesuviana S.r.L (Fiamma); Pastificio Zaffiri S.r.L (Zaffiri); Tandoi
Filippo e Adalberto Fratelli S.p.A (Fratelli); and Valdigrano di
Flavio Pagani S.r.L (Valdigrano). The Department issued a partial
rescission notice in which it rescinded this administrative review,
in part, with respect to Industria Alimentare Colavita, S.p.A
(Indalco) and Pasta Lensi S.r.L (Lensi). We also rescinded, in part,
this administrative review with respect to Pastificio Attilio
Mastromauro-Pasta Granoro S.r.L (Granoro) because this company has
been revoked from the antidumping duty order effective prior to the
beginning of this POR. See Certain Pasta From Italy: Notice of
Partial Rescission of Antidumping Duty Administrative Review, 78 FR
20091 (April 3, 2013).
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DATES: Effective Date: February 28, 2014.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Gallo) and George
McMahon (Rummo), Office III, AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-3692 and (202) 482-1167, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2013, the Department of Commerce (the Department)
published the Preliminary Results. In accordance with 19 CFR
351.309(c)(1)(ii), we invited parties to comment on our Preliminary
Results.\4\ On September 6, 2013, Gallo submitted its case brief and
Rummo requested a hearing. Rummo withdrew its hearing request on
January 16, 2014. The Department conducted the verification of Rummo's
cost and sales responses in Italy, from December 2 through 6, 2013, and
December 9 through 13, 2013, respectively.
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\4\ The Department issued the briefing schedule in a Memorandum
to the File, dated January 7, 2014. This briefing schedule indicated
that the case and rebuttal briefs were due by close of business
January 15, 2014 and January 22, 2014, respectively.
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On January 15, 2014, Rummo filed a case brief and Petitioners \5\
submitted a case brief regarding Gallo. On January 22, 2014,
Petitioners and Gallo filed their respective rebuttal briefs.
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\5\ Petitioners are American Italian Pasta Company and Dakota
Growers Pasta Company.
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As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013. Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days.\6\ Pursuant to the Tolling Memo, the deadline for the final
results of this review was revised with a due date of December 23,
2013.
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\6\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013) (Tolling
Memo).
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On October 23, 2013, the Department issued a memorandum extending
the time period for issuing the final results of this administrative
review from
[[Page 11410]]
December 23, 2013 to February 21, 2014.
Scope of the Order
Imports covered by the order are shipments of certain non-egg dry
pasta. The merchandise subject to review is currently classifiable
under items 1901.90.90.95 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.\7\
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\7\ For a full description of the scope of the order, see the
``Decision Memorandum for the Final Results of Antidumping Duty
Administrative Review: Certain Pasta from Italy'' from Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, dated concurrently with this notice
(Issues and Decision Memorandum) and incorporated herein by
reference.
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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. A list of the issues that parties raised and to which we
responded is attached to this notice as Appendix. The Issues and
Decision Memorandum is a public document and is on-file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS). IA ACCESS is
available to registered users at http://iaaccess.trade.gov and in the
Central Records Unit (CRU), Room 7046 of the main Department of
Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the Internet at http://enforcement.ita.doc.gov/frn/index.html. The signed Issues and Decision
Memorandum and the electronic versions of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we have
recalculated Gallo and Rummo's weighted-average dumping margins.
Gallo's and Rummo's adjustments are discussed in detail in the
accompanying final calculation memoranda.\8\ As a result of the
aforementioned recalculation of Gallo's and Rummo's rates, the
weighted-average dumping margin for the six non-selected companies has
changed.
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\8\ See Issues and Decision Memorandum; see also Memorandum to
the File, Through Eric B. Greynolds, Program Manager, Office III,
from Stephanie Moore, Case Analyst, Office III, titled ``Certain
Pasta from Italy: Calculation Memorandum--Gallo,'' dated February
21, 2014 and Memorandum to the File, Through Eric B. Greynolds,
Program Manager, Office III, from George McMahon, Case Analyst,
Office III, titled ``Certain Pasta from Italy: Calculation
Memorandum--the Rummo Group,'' dated February 21, 2014.
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Final Results of the Review
As a result of this review, the Department determines the following
weighted-average dumping margins \9\ for the period July 1, 2011,
through June 30, 2012, are as follows:
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\9\ The rate applied to the non-selected companies is a
weighted-average percentage margin calculated based on the publicly-
ranged U.S. volumes of the two reviewed companies with an
affirmative dumping margin, for the period July 1, 2011, through
June 30, 2012. See Memorandum to the File, titled, ``Certain Pasta
from Italy: Margin for Respondents Not Selected for Individual
Examination,'' from George McMahon and Stephanie Moore, Case
Analysts, through Eric B. Greynolds, Program Manager, dated
concurrently with this notice.
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Weighted-
average
Producer and/or exporter dumping margin
(percent)
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Pastificio Gallo Natale & F.lli S.r.L................... 1.31
Rummo S.p.A. Molino e Pastificio, Rummo S.p.A., Lenta 14.48
Lavorazione, and Pasta Castiglioni.....................
Alberto Poiatti S.p.A................................... 13.09
Delverde Industrie Alimentari S.p.A..................... 13.09
Fiamma Vesuviana S.r.L.................................. 13.09
Pastificio Zaffiri S.r.L................................ 13.09
Tandoi Filippo e Adalberto Fratelli S.p.A............... 13.09
Valdigrano di Flavio Pagani S.r.L....................... 13.09
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Duty Assessment
The Department shall determine and Customs and Border Protection
(CBP) shall assess antidumping duties on all appropriate entries.\10\
For any individually examined respondents whose weighted-average
dumping margin is above de minimis, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the importer's examined sales to the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1). 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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\10\ In these final results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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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 amount of
dumping 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 amount of
dumping 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.\11\ This clarification will
[[Page 11411]]
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 the Automatic Assessment
Clarification.
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\11\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Automatic Assessment Clarification).
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We intend to issue assessment instructions directly to CBP 15 days
after publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section 751(a)(2)
of the Act: (1) The cash deposit rate for respondents noted above will
be the rate established in the final results of this administrative
review; (2) for merchandise exported by manufacturers or exporters not
covered in this administrative review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company
specific rate published for the most recently completed segment of this
proceeding; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation, but the manufacturer is,
the cash deposit rate will be the rate established for the most
recently completed segment of this proceeding for the manufacturer of
the subject merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 15.45 percent, the all-
others rate established in the antidumping investigation as modified by
the section 129 determination. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
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 and/or countervailing duties prior to
liquidation of the relevant entries during the POR. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping and/or countervailing duties occurred and
the subsequent assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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 the terms of an
APO is a sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).
Dated: February 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Comments in the Accompanying Issues and Decision Memorandum
Company-Specific Issues
Comment 1: Program Language for Gallo's U.S. Warranty Expense
Comment 2: Treatment of Gallo's U.S. Warranty Expense
Comment 3: Certain U.S. Sales Not Reported by Rummo
Comment 4: The Commission Offset for Rummo's Constructed Export
Price (CEP) sales
[FR Doc. 2014-04430 Filed 2-27-14; 8:45 am]
BILLING CODE 3510-DS-P