[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rescission notice in which it rescinded this administrative review, 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 We also rescinded, in part, 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.

------------------------------------------------------------------------
                                                             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