[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 8918-8920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03750]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-819]


Certain Pasta From Italy: Final Results, and Rescission, in Part, 
of Countervailing Duty Administrative Review; 2013

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

ACTION: Notice.

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SUMMARY: The Department of Commerce (Department) has conducted an 
administrative review of the countervailing duty (CVD) order on certain 
pasta from Italy. On August 10, 2015, we published the Preliminary 
Results for this administrative review.\1\ The period of review (POR) 
is January 1, 2013, through December 31, 2013. We find that DeMatteis 
Agroalimentare S.p.A. (also known as, De Matteis Agroalimentare SpA) 
(DeMatteis) received countervailable subsidies and La Molisana S.p.A. 
(La Molisana) received de minimis countervailable subsidies during the 
POR. These rates are shown below in the final results of review 
section. As discussed below, we are rescinding the review with respect 
to La Molisana Industrie Alimentari S.p.A. (LMIA).
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    \1\ See Certain Pasta From Italy: Preliminary Results of 
Countervailing Duty Administrative Review, Rescission in Part, and 
Preliminary Intent to Rescind in Part; 2013, 80 FR 47900 (August 10, 
2015) (Preliminary Results). See also Memorandum from Jennifer Meek, 
International Trade Analyst, to the File, ``Preliminary Results 
Program Description,'' for details regarding program ``Law 488/92--
Industrial Development Grants,'' August 4, 2015.

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DATES: Effective Date: February 23, 2016.

FOR FURTHER INFORMATION CONTACT: Jennifer Meek or Joseph Shuler, AD/CVD 
Operations, Office I, Enforcement and Compliance, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-2778 or (202) 482-1293, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In the Preliminary Results, we indicated that we would seek 
clarification regarding La Molisana's use of Article 14 of Law 46/1982 
and additional historical sales data from La Molisana and its parent 
company. We invited interested parties to file case briefs and rebuttal 
briefs following the release of the Preliminary Results. La Molisana 
filed a case brief. No other parties commented on the Preliminary 
Results. We also invited interested parties to comment on the 
additional information we solicited from La Molisana following the 
Preliminary Results; no additional comments were provided.

Scope of the Order

    The scope of the Order consists of certain pasta from Italy.\2\ The 
merchandise subject to the order 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 is dispositive. A full description of the scope of the 
Order is contained in the ``Issues and Decision Memorandum for Final 
Results of Countervailing 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 February 12, 
2016

[[Page 8919]]

(Issues and Decision Memorandum), and hereby adopted by this notice.
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    \2\ See Notice of Countervailing Duty Order and Amended Final 
Affirmative Countervailing Duty Determination: Certain Pasta 
(``Pasta'') From Italy, 61 FR 38544 (July 24, 1996) (Order).
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    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 
available to all parties in the Central Records Unit, room 7046 of the 
main Department 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 and electronic 
versions of the Issues and Decision Memorandum are identical in 
content. A list of topics discussed in the Issues and Decision 
Memorandum is provided in the Appendix to this notice.

Analysis of Comments Received

    All issues raised in the case brief filed by La Molisana in this 
review are addressed in the Issues and Decision Memorandum, which is 
incorporated herein by reference. A list of the issues which parties 
raised, and to which we respond in the Issues and Decision Memorandum, 
follows as an appendix to this notice.

Changes Since the Preliminary Results

    Based on additional information provided by La Molisana after the 
Preliminary Results at the Department's request, the Department 
corrected certain program calculations which affected the 
countervailable subsidy rate to be applied to La Molisana. For a full 
explanation of the changes made, see the Issues and Decision 
Memorandum.

Methodology

    We have conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we determine that there 
is a subsidy, i.e., a government-provided financial contribution that 
gives rise to a benefit to the recipient, and that the subsidy is 
specific.\3\ In making these findings, we have relied, in part, on an 
adverse inference in selecting from among the facts otherwise available 
because we find that the GOI did not act to the best of its ability to 
respond to our requests for information regarding certain programs.\4\
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    \3\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity. For a 
full description of the methodology underlying our conclusions, see 
Issues and Decision Memorandum.
    \4\ See sections 776(a) and (b) of the Act. For further 
discussion, see Issues and Decision Memorandum at ``Use of Facts 
Otherwise Available and Adverse Inferences.''
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Partial Rescission

    In the Preliminary Results, we announced our intent to recind the 
administrative review with respect to LMIA. As we stated in the 
Preliminary Results, the record demonstrates that LMIA ceased 
operations prior to the POR. Moreover, La Molisana reported that all 
entries shown in the entry data from Customs and Border Protection 
(CBP) as entries made by LMIA were of subject merchandise produced and 
exported by La Molisana. There is no record evidence that LMIA made 
entries of subject merchandise during the POR. Therefore, we are now 
rescinding the review with respect to LMIA.

Final Results of the Review

    In accordance with 19 CFR 351.221(b)(5), we calculated individual 
subsidy rates for the mandatory respondents, DeMatteis and La Molisana.
    We find the net countervailable subsidy rate for the producers and/
or exporters under review to be as follows:

------------------------------------------------------------------------
                                                                  Net
                      Producer/exporter                         subsidy
                                                                 rate
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DeMatteis Agroalimentare S.p.A. (also known as De Matteis           2.12
 Agroalimentare SpA)........................................
La Molisana S.p.A...........................................        0.26
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Disclosure

    We intend to disclose the calculations performed to interested 
parties within five days of the publication of these final results in 
accordance with 19 CFR 351.224(b).

Assessment Rates

    Consistent with 19 CFR 351.212(b)(2), we intend to issue assessment 
instructions to the U.S. Customs and Border Protection (CBP) fifteen 
days after the date of publication of these final results. Because we 
have calculated a de minimis countervailable subsidy rate for La 
Molisana in the final results of this review, in accordance with 19 CFR 
351.212 we will instruct CBP to liquidate the appropriate entries 
without regard to countervailing duties. For DeMatteis, we will 
instruct CBP to assess countervailing duties on the value of POR 
entries at the rate shown above.

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, we intend to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown above, for the companies listed above, with 
the exception of La Molisana, on shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this review. Because the 
countervailable subsidy rate for La Molisana is de minimis, the 
Department will instruct CBP to collect cash despoits at a rate of zero 
for La Molisana for all shipments of the subject merchandise that are 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this administrative review. 
For all non-reviewed companies (except Barilla G. e R. F.lli S.p.A. and 
Gruppo Agricoltura Sana S.r.l., which are excluded from the order,\5\ 
and Pasta Lensi S.r.l., which was revoked from the Order \6\), we will 
instruct CBP to continue to collect cash deposits at the most recently 
assigned company-specific or all-others rate applicable to the company. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \5\ See Order, 61 FR 38545.
    \6\ See Certain Pasta from Italy: Final Results of the Ninth 
Countervailing Duty Administrative Review and Notice of Revocation 
of Order, in Part, 71 FR 36318 (June 26, 2006).
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Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or 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 these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: February 12, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

1. Summary
2. Background

[[Page 8920]]

3. Changes Since the Preliminary Results
4. Scope of the Order
5. Partial Rescission of the Administrative Review
6. Use of Facts Otherwise Available and Adverse Inferences
7. Subsidy Valuation Information
8. Loan Benchmarks and Discount Rates
9. Analysis of Programs
10. Analysis of Comments
    Comment 1: Whether to Rescind the Review of LMIA
    Comment 2: Entries Covered in La Molisana's Liquidation 
Instructions
    Comment 3: Application of the Appropriate Sales Denominator
11. Recommendation

[FR Doc. 2016-03750 Filed 2-22-16; 8:45 am]
 BILLING CODE 3510-DS-P