[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Notices]
[Pages 8043-8044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03252]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 7, 2015, 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\
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    \1\ See Certain Pasta From Italy: Preliminary Results of 
Antidumping Duty Administrative Review; 2013-2014, 80 FR 47467 
(August 7, 2015) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
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    The period of review (POR) is July 1, 2013, through June 30, 2014. 
As a result of our analysis of the comments and information received, 
these final results differ from the Preliminary Results with respect to 
Rummo S.p.A. Molino e Pastificio (the Rummo Group).\2\ For the final 
weighted-average dumping margins, see the ``Final Results of Review'' 
section below.
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    \2\ 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: February 17, 2016.

FOR FURTHER INFORMATION CONTACT: Joy Zhang (La Molisana) or George 
McMahon (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) 482-1168 or (202) 482-1167, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 7, 2015, 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. On August 10, 2015, La Molisana submitted a request for a 
hearing, which was withdrawn on October 27, 2015.\3\ On October 5, 
2015, Petitioners, La Molisana S.p.A. (La Molisana) \4\ and the Rummo 
Group submitted their case briefs. October 9, 2015, the Department 
revised the briefing schedule.\5\ On October 15, 2015, Petitioners, La 
Molisana and the Rummo Group submitted their rebuttal briefs. As 
explained in the memorandum from the Acting Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll all administrative deadlines due to the recent closure of the 
Federal Government. All deadlines in this segment of the proceeding 
have been extended by four business days. The revised deadline for the 
final results of this review is now February 9, 2016.\6\
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    \3\ Rummo filed a request for a hearing on September 9, 2015, 
which the Department rejected on September 9, 2015, as being 
untimely filed.
    \4\ On October 6, 2015, La Molisana submitted a correction to an 
item stated in its October 5, 2015 case brief.
    \5\ The Department also postponed the briefing schedule in 
several Memoranda to All Interested Parties, dated August 12, 2015, 
September 8, 2015, September 11, 2015, and September 28, 2015.
    \6\ See Memorandum to the Record from Ron Lorentzen, Acting 
Assistant Secretary for Enforcement & Compliance, regarding 
``Tolling of Administrative Deadlines As a Result of the Government 
Closure During Snowstorm Jonas,'' dated January 27, 2016.
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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 
``Issues and Decision Memorandum for the Final 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 (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 (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov and in the Central Records 
Unit (CRU), room B8024 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.trade.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 La Molisana's and the Rummo Group's weighted-average 
dumping margins. However, La Molisana's adjustments did not affect the 
calculated final margin.\8\

[[Page 8044]]

As a result of the aforementioned recalculation of the Rummo Group's 
rate, the weighted-average dumping margin for the two 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 Joy Zhang, Case Analyst, Office III, titled ``Certain Pasta 
from Italy: Calculation Memorandum--La Molisana,'' dated February 9, 
2016, 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 9, 2016.
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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, 2013, 
through June 30, 2014:
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    \9\ The margin for the non-examined companies was based on the 
calculated weighted-average margin of La Molisana (the sole 
mandatory respondent receiving an above de minimis margin in these 
final results).

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                  Producer and/or exporter                      dumping
                                                                margin
                                                               (percent)
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La Molisana S.p.A...........................................       12.90
Rummo S.p.A., Lenta Lavorazione, Pasta Castiglioni, and             0.00
 Rummo S.p.A. Molino e Pastificio (collectively, the Rummo
 Group).....................................................
Pastificio Andalini S.p.A...................................       12.90
Delverde Industrie Alimentari S.p.A.........................       12.90
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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 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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    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 9, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Issues and Decision Memorandum

Summary
I. Background
    Scope of the Order
II. List of Comments
III. Analysis of Comments

La Molisana

Comment 1: Pasta Shape
Comment 2: General and Administrative (G&A) Ratio
Comment 3: Indirect Selling Expenses
Comment 4: Direct Materials Calculation
Comment 5: Direct Selling Expenses
Comment 6: Applying Differential Pricing Analysis

The Rummo Group

Comment 7: Treatment of Pasta Castiglioni's Home Market Control 
Numbers
Comment 8: Treatment of Matching U.S. Sales with Home Market Sales
Comment 9: Treatment of the Manufacturers, Rummo and Pasta 
Castiglioni
Comment 10: Treatment of the Rummo Group's Freight Revenue
Comment 11: Application of a Cap for Certain U.S. Market Freight 
Revenue (FRTREVU)
Comment 12: Application of a Countervailing Duty Offset (CVDU) to 
Rummo
Comment 13: Treatment of Negative Margins Associated with the 
Differential Pricing (DP) Methodology
IV. Recommendation

[FR Doc. 2016-03252 Filed 2-16-16; 8:45 am]
 BILLING CODE 3510-DS-P