[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Notices]
[Pages 47467-47469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19481]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Preliminary Results of Antidumping Duty 
Administrative Review; 2013-2014

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 pasta (pasta) from 
Italy,\1\ covering the period July 1, 2013, through June 30, 2014. The 
initiation of the instant review \2\ covered six companies, and we have 
partially rescinded the review with respect to two companies, as 
discussed below.\3\ Thus, this review covers four companies: The 
mandatory respondents, La Molisana S.p.A. (La Molisana) and

[[Page 47468]]

Rummo S.p.A. Molino e Pastificio (the Rummo Group),\4\ and Pastificio 
Andalini S.p.A. (Andalini) and Delverde Industrie Alimentari S.p.A. 
(Delverde), which were not selected for individual examination. We 
preliminarily determine that La Molisana and the Rummo Group made sales 
of subject merchandise at less than normal value during the period of 
review (POR). Interested parties are invited to comment on these 
preliminary results.
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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\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 51548 (August 29, 2014) (Initiation 
Notice).
    \3\ See Certain Pasta from Italy: Notice of Partial Rescission 
of Antidumping Duty Administrative Review, 80 FR 4541 (January 28, 
2015) (Partial Rescission).
    \4\ The Rummo Group consists of Rummo S.p.A., Lenta Lavorazione, 
Pasta Castiglioni, and Rummo S.p.A. Molino e Pastificio. In this 
review, we found that the facts have not changed with respect to 
Rummo and its affiliates and therefore, we followed the same 
methodology as we did in the most recent completed review (AR 17) by 
collapsing the affiliated companies as the Rummo Group. See Certain 
Pasta From Italy: Notice of Final Results of 17th Antidumping Duty 
Administrative Review; 2012-2013, 80 FR 8604 (February 18, 2015) (AR 
17 Final Results).

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DATES: Effective date: August 7, 2015.

FOR FURTHER INFORMATION CONTACT: Joy Zhang or George McMahon, 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-
1168 or (202) 482-1167, 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.\5\
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    \5\ 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; 2013-2014'' 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 (Preliminary Decision 
Memorandum).
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Partial Rescission of the 2013-2014 Administrative Review

    On October 10, 2014, and November 25, 2014, respectively, Dalla 
Costa Alimentare srl (Dalla Costa) and Pasta Lensi S.r.l. (Pasta Lensi) 
timely withdrew their requests for an administrative review.\6\ In 
accordance with 19 CFR 351.213(d)(1),\7\ and consistent with our 
practice,\8\ we rescinded this review, in part, with respect to Dalla 
Costa and Pasta Lensi.\9\
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    \6\ See Letter from Dalla Costa to the Department, ``Antidumping 
Duty Administrative Review of Certain Pasta from Italy: Withdrawal 
of Review Request for Administrative Review of Dalla Costa 
Alimentare SRL,'' dated October 10, 2014; Letter from Pasta Lensi to 
the Department, ``Pasta from Italy: Withdrawal of Request for 
Administrative Review,'' dated November 25, 2014.
    \7\ Under 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 29, 2014. Therefore, the deadline to 
withdraw review requests was November 27, 2014. Thus, the Dalla 
Costa and Pasta Lensi withdrawal requests are timely.
    \8\ 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).
    \9\ See Partial Rescission.

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 (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
is available to all parties in the Central Records Unit, room B8024 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/index.html. 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\10\ for the period July 1, 
2013, through June 30, 2014:
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    \10\ 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, 2013, through 
June 30, 2014. See Memorandum to the File, titled, ``Certain Pasta 
from Italy: Margin for Respondents Not Selected for Individual 
Examination,'' from Joy Zhang and George McMahon, 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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La Molisana S.p.A. (La Molisana).....................              12.90
Rummo S.p.A., Lenta Lavorazione, Pasta Castiglioni,                 1.18
 and Rummo S.p.A. Molino e Pastificio (collectively,
 the Rummo Group)....................................
Pastificio Andalini S.p.A. (Andalini)................               8.91
Delverde Industrie Alimentari S.p.A. (Delverde)......               8.91
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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 La Molisana or the Rummo Group 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

[[Page 47469]]

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.
    In accordance with the Department's ``automatic assessment'' 
practice, for entries of subject merchandise during the POR produced by 
each respondent for which they did not know that their merchandise was 
destined for the United States, 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.\11\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \11\ 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.\12\ 
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.\13\ 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 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's electronic records system, ACCESS.
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    \12\ See 19 CFR 351.224(b).
    \13\ See 19 CFR 351.309(d).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system within 30 days of publication of this 
notice.\14\ 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.\15\ 
Parties should confirm by telephone the date, time, and location of the 
hearing.
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    \14\ See 19 CFR 351.310(c).
    \15\ 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: July 31, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of Methodology
    Date of Sale
    Comparisons to Normal Value
    Product Comparisons
    Determination of Comparison Method
    Results of the Differential Pricing (DP) Analysis
    Export Price
    Constructed Export Price
    Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Cost of Production
    D. Calculation of Cost of Production
    E. Test of Home Market Prices
    F. Results of the COP Test
    Margins for Companies Not Selected for Individual Examination
    Currency Conversion
5. Recommendation

[FR Doc. 2015-19481 Filed 8-6-15; 8:45 am]
BILLING CODE 3510-DS-P