[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Notices]
[Pages 50614-50616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20152]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Preliminary Results of Antidumping Duty 
Administrative Review and Partial Rescission; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: In response to requests from interested parties, the 
Department of Commerce (the Department) is conducting an administrative 
review of the antidumping duty order on certain

[[Page 50615]]

pasta (pasta) from Italy,\1\ covering the period July 1, 2012, through 
June 30, 2013. The review covers 10 companies, two of which are 
mandatory respondents: Rummo S.p.A. Molino e Pastificio and its two 
affiliates (Rummo S.p.A., Lenta Lavorazione, and Pasta Castiglioni) 
(collectively, the Rummo Group), and Molino e Pastificio Tomasello 
S.p.A. (Tomasello). The remaining eight companies were not selected for 
individual examination.\2\ We preliminarily determine that the Rummo 
Group made sales of subject merchandise at less than normal value 
during the period of review (POR), and that Tomasello did not.
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    \1\ 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).
    \2\ The eight companies are: Alica srl (Alica); Dalla Costa 
Alimentare srl; Delverde Industrie Alimentari S.p.A.; Ghigi 
Industria Agroalimentare in San Clemente srl; Pasta Lensi S.r.l 
(Lensi); Pasta Zara S.p.A.; Pastificio Toscano srl; Valdigrano di 
Flavio Pagani S.r.L.
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    In addition, as noted below, we are rescinding the review of Alica 
and Lensi. Interested parties are invited to comment on these 
preliminary results.

DATES: Effective Date: August 25, 2014.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Tomasello) or Cindy 
Robinson (the Rummo Group), AD/CVD Operations, Office III, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-3692 or (202) 482-3797, respectively.

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.\3\
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    \3\ For a full description of the scope of the order, see the 
``Decision Memorandum for the Preliminary Results of Antidumping 
Duty Administrative Review and Partial Rescission: Certain Pasta 
from Italy; 2012-2013'' from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, dated concurrently with this notice (Preliminary 
Decision Memorandum).
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Partial Rescission of the 2012-2013 Administrative Review

    On November 26, 2013, and December 10, 2013, respectively, Lensi 
and Alica timely withdrew their requests for the 2012-2013 
administrative review.\4\ In accordance with 19 CFR 351.213(d)(1),\5\ 
and consistent with our practice,\6\ we are rescinding this review with 
respect to Alica and Lensi.
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    \4\ See Lensi's letter dated November 26, 2013, and Alica's 
letter dated December 10, 2013.
    \5\ In accordance with 19 CFR 351.213(d)(1), the Department will 
rescind an administrative review ``if a party that requested the 
review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review.'' The 
instant review was initiated on August 28, 2013. Therefore, the 
deadline to withdraw review requests, which included 16 days for the 
tolling of all deadlines by reason of the government shutdown, was 
December 12, 2013. See Memorandum for the Record from Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, regarding 
``Deadlines Affected by the Shutdown of the Federal Government'' 
(October 18, 2013). Thus, Alica's and Lensi's withdrawal requests 
are timely.
    \6\ See, e.g., Brass Sheet and Strip from Germany: Notice of 
Rescission of Antidumping Duty Administrative Review, 73 FR 49170 
(August 20, 2008); see also Certain Lined Paper Products from India: 
Notice of Partial Rescission of Antidumping Duty Administrative 
Review and Extension of Time Limit for the Preliminary Results of 
Antidumping Duty Administrative Review, 74 FR 21781 (May 11, 2009).

SUPPLEMENTARY INFORMATION:

Methodology

    The Department conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed 
export price or export price is calculated in accordance with section 
772 of the Act. Normal Value is calculated in accordance with section 
773 of the Act. For a full description of the methodology underlying 
our preliminary results, see Preliminary Decision Memorandum dated 
concurrently with this notice and hereby adopted by this notice. The 
Preliminary 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 is available to all parties in the Central 
Records Unit, Room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn. The signed Preliminary Decision Memorandum and the electronic 
version of the Preliminary Decision Memorandum are identical in 
content.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the period July 1, 2012, 
through June 30, 2013:

------------------------------------------------------------------------
                                             Weighted- average  dumping
       Producer and/or exporter \7\              margin  (percent)
------------------------------------------------------------------------
Rummo S.p.A. Molino e Pastificio, Rummo    8.33.
 S.p.A., Lenta Lavorazione, and Pasta
 Castiglioni (collectively the Rummo
 Group).
Molino e Pastificio Tomasello S.p.A......  de minimis.
Dalla Costa Alimentare srl...............  8.33.
Delverde Industrie Alimentari S.p.A......  8.33.
Ghigi Industria Agroalimentare in San      8.33.
 Clemente srl.
Valdigrano di Flavio Pagani S.r.L........  8.33.
Pasta Zara S.p.A.........................  8.33.
Pastificio Toscano srl...................  8.33.
------------------------------------------------------------------------
\7\ The margin for the non-selected companies was based on the
  calculated weighted-average margin of the Rummo Group (the sole
  mandatory respondent receiving an above de minimis margin in theses
  preliminary results). For further discussion, see the Preliminary
  Decision Memorandum at 12.

Assessment Rate

    Upon issuance of the final results, the Department shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. If the 
weighted-average dumping margin for Tomasello or Rummo is not zero or 
de minimis (i.e., less than 0.5 percent), we will calculate importer-
specific ad valorem antidumping 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). We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific assessment rate calculated in the final 
results of this review is not zero or de minimis. Where either the 
respondent's weighted-average dumping margin is zero or de minimis, or 
an importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties. The final results of this review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by the final results of this review where applicable.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise

[[Page 50616]]

during the POR produced by each respondent for which they did not know 
that their 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).
    We intend to issue instructions 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.\8\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \8\ 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).
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Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\9\ 
Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs not later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\10\ Parties who submit comments are requested to submit: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities. All briefs must be filed electronically using IA 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's electronic records system, IA 
ACCESS.
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    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309(d).
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
using Enforcement and Compliance's IA ACCESS system within 30 days of 
publication of this notice.\11\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. If a request for a hearing is made, 
we will inform parties of the scheduled date for the hearing which will 
be held at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a time and location 
to be determined.\12\ Parties should confirm by telephone the date, 
time, and location of the hearing.
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    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 351.310.
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    Unless the deadline is extended pursuant to section 
751(a)(2)(B)(iv) of the Act, the Department will issue the final 
results of this administrative review, including the results of our 
analysis of the issues raised by the parties in their case briefs, 
within 120 days after issuance of these preliminary results.

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 presumption that 
reimbursement of antidumping duties occurred and increase the 
subsequent assessment of the antidumping duties by the amount of 
antidumping duties reimbursed.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Background
2. Scope of the Order
3. Discussion of Methodology

[FR Doc. 2014-20152 Filed 8-22-14; 8:45 am]
BILLING CODE 3510-DS-P