[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53404-53406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19129]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Preliminary Results of Antidumping Duty 
Administrative Review; 2014-2015

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, covering the period July 1, 2014, through June 30, 2015. The 
initiation of the instant review covered 31 companies, and we have 
partially rescinded the review with respect to nine companies, as 
discussed below. Thus, this review covers two mandatory respondents, 
Industria Alimentare Colavita S.p.A. (Indalco) and Liguori Pastificio 
Dal 1820 (Liguori), and 19 non-selected companies. We preliminarily 
determine that Indalco and Liguori 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.

DATES: Effective August 12, 2016.

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.

Background

    On September 2, 2015, the Department published a notice of 
initiation of an administrative review of the antidumping order on 
pasta from Italy.\1\ On December 24, 2015, the Department rescinded the 
instant review, in part, with respect to La Molisana SpA., Pasta Lensi 
S.r.L., Pastificio Andalini S.p.A., Azienda Agricola Casina Rossa di De 
Laurentiis Nicola, Pastificio Bolognese of Angelo R. Dicuonzo, I Sapori 
dell'Arca S.r.l., La Romagna S.r.l., Ser.com.snc, and Vero Lucano 
S.r.l.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 53106 (September 2, 2015) (Initiation 
Notice).
    \2\ See Certain Pasta From Italy: Notice of Partial Rescission 
of Antidumping Duty Administrative Review, 80 FR 80320 (December 24, 
2015).
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    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement and Compliance, the Department exercised its discretion 
to toll all administrative deadlines due to a closure of the Federal 
Government. As a result, the revised deadline for the preliminary 
results of this review was April 7, 2016.\3\ On March 17, 2016, the 
Department extended the deadline for the preliminary results to August 
5, 2016.
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    \3\ 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. If the 
new deadline falls on a non-business day, in accordance with the 
Department's practice, the deadline will become the next business 
day.
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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.\4\
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    \4\ For a full description of the scope of the order, see the 
``Decision Memorandum for the Preliminary Results of Antidumping 
Duty Administrative Review: Certain Pasta From Italy; 2014-2015,'' 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Ronald Lorentzen, Acting 
Assistant Secretary for Enforcement and Compliance, dated 
concurrently with this notice (Preliminary Decision Memorandum).

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[[Page 53405]]

Methodology

    The Department is conducting 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, the Department calculated a weighted-
average dumping margin of 2.14 percent for Indalco and 5.74 percent for 
Liguori for the period July 1, 2014, through June 30, 2015. Therefore, 
in accordance with section 735(c)(5)(A) of the Act, the Department 
assigned the weighted-average of these two calculated weighted-average 
dumping margins, 3.19 percent, to the 19 non-selected companies in 
these preliminary results, as referenced below.\5\
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    \5\ 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, 2014, through 
June 30, 2015. See Memorandum to the File titled, ``Certain Pasta 
From Italy: Margin for Respondents Not Selected for Individual 
Examination,'' dated concurrently with this notice.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                   Producer and/or exporter                     dumping
                                                                 margin
                                                               (percent)
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Industria Alimentare Colavita S.p.A. (Indalco)...............       2.14
Liguori Pastificio Dal 1820 (Liguori) \6\....................       5.74
Agritalia S.r.L. (Agritalia).................................       3.19
Atar S.r.L. (Atar)...........................................       3.19
Corticella Molini e Pastifici S.p.A. (Corticella)............       3.19
Delverde Industrie Alimentari S.p.A. (Delverde)..............       3.19
Domenico Paone fu Erasmo S.p.A. (Domenico)...................       3.19
F. Divella S.p.A. (F. Divella)...............................       3.19
La Fabbrica della Pasta di Gragnano S.a.s. di Antonio Moccia        3.19
 (La Fabbrica)...............................................
Molino e Pastificio Tomasello S.r.L. (Tomasello).............       3.19
P.A.P SNC DI Pazienza G.B. & C. (P.A.P)......................       3.19
Pasta Zara S.p.A. (Pasta Zara)...............................       3.19
Pastificio Carmine Russo S.p.A. (Carmine)....................       3.19
Pastificio DiMartino Gaetano & F. Ili S.r.L. (DiMartino).....       3.19
Pastificio Fabianelli S.p.A. (Fabianelli)....................       3.19
Pastificio Felicetti S.r.L. (Felicetti)......................       3.19
Pastificio Labor S.r.L. (Labor)..............................       3.19
Pastificio Riscossa F. Ili Mastromauro S.p.A. (AKA Pastificio       3.19
 Riscossa F. Ili. Mastromauro S.r.L.) (Riscossa).............
Poiatti S.p.A. (Poiatti).....................................       3.19
Premiato Pastificio Afreltra S.r. L. (Premiato)..............       3.19
Rustichella d'Abruzzo S.p.A. (Rustichella)...................       3.19
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Assessment Rate

    Upon issuance of the final results, the Department shall determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. If the weighted-average dumping margin for 
Indalco or Liguori 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.
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    \6\ The Department previously found that Liguori and PAM are 
affiliated and calculated a margin for the consolidated entity. See, 
e.g., Notice of Preliminary Results And Partial Rescission Of 
Antidumping Duty Administrative Review And Intent To Revoke The 
Antidumping Duty Order In Part, 66 FR 34414 (June 28, 2001) 
unchanged in Notice of Final Results of Antidumping Duty 
Administrative Review, Partial Rescission of Antidumping Duty 
Administrative Review and Revocation of Antidumping Duty Order in 
Part: Certain Pasta From Italy, 67 FR 300 (January 3, 2002). In the 
instant review, Liguori reported that PAM ceased its operations as 
of October 24, 2014, and that PAM did not make any sales of subject 
merchandise to the United States during the POR. See Liguori's 
Section A questionnaire response dated December 4, 2015 at 2. We 
intend to follow-up with Customs and Border Protection (CBP) 
concerning Liguori's statement subsequent to these preliminary 
results and to allow interested parties an opportunity to comment on 
any information received from CBP. Therefore, for purposes of these 
preliminary results, we have preliminarily assigned PAM the same 
rate as Liguori, rather than making a preliminary no shipments 
determination with respect to PAM.
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    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.
    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 producers 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 producer is, the 
cash deposit rate

[[Page 53406]]

will be the rate established for the most recently completed segment of 
this proceeding for the producer of the subject merchandise; and (4) 
the cash deposit rate for all other producers 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.\7\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \7\ 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.\8\ 
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.\9\ 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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    \8\ See 19 CFR 351.224(b).
    \9\ 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.\10\ 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.\11\ 
Parties should confirm by telephone the date, time, and location of the 
hearing.
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    \10\ See 19 CFR 351.310(c).
    \11\ 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 5, 2016.
Ronald 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
    Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Sales to Affiliated Customers
    D. Cost of Production Analysis
    1. Calculation of Cost of Production
    2. Test of Home Market Prices
    3. Results of the COP Test
    E. Calculation of Normal Value Based on Comparison Market Prices
    F. Price-to-CV Comparison
    G. Constructed Value
    Margins for Companies Not Selected for Individual Examination
    Currency Conversion
5. Recommendation

[FR Doc. 2016-19129 Filed 8-11-16; 8:45 am]
 BILLING CODE 3510-DS-P