[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91120-91122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30324]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


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

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

SUMMARY: On August 12, 2016, the Department of Commerce (the 
Department) published the preliminary results of the antidumping duty 
administrative review of certain pasta (pasta) from Italy. The period 
of review (POR) is July 1, 2014, through June 30, 2015. As a result of 
our analysis of the comments and information received, these final 
results differ from the Preliminary Results with respect to Industria 
Alimentare Colavita S.p.A. (Indalco) and Liguori Pastificio Dal 1820 
(Liguori). For the final weighted-average dumping margins, see the 
``Final Results of Review'' section below.

DATES: Effective December 16, 2016.

FOR FURTHER INFORMATION CONTACT: Joy Zhang (Liguori) or George McMahon 
(Indalco), 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 12, 2016, the Department of Commerce (the Department) 
published the Preliminary Results.\1\ In accordance with 19 CFR 
351.309(c)(1)(ii), we invited parties to comment on our Preliminary 
Results. On September 7, 2016, Liguori submitted a request for a 
hearing, which was withdrawn on October 6, 2016.\2\ On August 31, 2016, 
the Department revised the briefing schedule.\3\ On September 19, 2016, 
Petitioners,\4\ Indalco, and Liguori submitted their case briefs. On 
September 26, 2016, Petitioners, Indalco, and Liguori submitted their 
rebuttal briefs.
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    \1\ See Certain Pasta From Italy: Preliminary Results of 
Antidumping Duty Administrative Review; 2014-2015, 81 FR 53404 
(August 12, 2016) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Liguori's letter titled, ``Hearing Request of Liguori 
Pastificio dal 1820 S.p.A.,'' dated September 7, 2016. See also 
Liguori's letter titled, ``Certain Pasta from Italy: Withdrawal of 
Hearing Request of Liguori Pastificio dal 1820 S.p.A.,'' dated 
October 6, 2016.
    \3\ See the Department's Memorandum to All Interested Parties 
titled, ``Postponement of Briefing Schedule,'' dated August 31, 
2016.
    \4\ Petitioners consist of New World Pasta Company, American 
Italian Pasta Company and Dakota Growers Pasta Company.
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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.\5\
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    \5\ 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; 2014-2015'' 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 an 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 https://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 Indalco and Liguori's weighted-average dumping margins.\6\ 
As a result of the

[[Page 91121]]

recalculation of the rates for Indalco and Liguori, the weighted-
average dumping margin for the non-selected companies has changed.
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    \6\ 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--Liguori,'' dated concurrently 
with this notice, 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--Indalco,'' dated concurrently with this notice.
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Final Results of the Review

    As a result of this review, the Department calculated a weighted-
average dumping margin of 1.20 percent for Indalco and 10.79 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, 4.00 percent, to the 19 non-selected 
companies in these final results, as referenced below.\7\
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    \7\ 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)..........            1.20
Liguori Pastificio Dal 1820 (Liguori)...................           10.79
Agritalia S.r.L. (Agritalia)............................            4.00
Atar S.r.L. (Atar)......................................            4.00
Corticella Molini e Pastifici S.p.A. (Corticella).......            4.00
Delverde Industrie Alimentari S.p.A. (Delverde).........            4.00
Domenico Paone fu Erasmo S.p.A. (Domenico)..............            4.00
F. Divella S.p.A. (F. Divella)..........................            4.00
La Fabbrica della Pasta di Gragnano S.a.s. di Antonio               4.00
 Moccia (La Fabbrica)...................................
Molino e Pastificio Tomasello S.r.L. (Tomasello)........            4.00
P.A.P SNC DI Pazienza G.B. & C. (P.A.P).................            4.00
Pasta Zara S.p.A. (Pasta Zara)..........................            4.00
Pastificio Carmine Russo S.p.A. (Carmine)...............            4.00
Pastificio DiMartino Gaetano & F. Ili S.r.L. (DiMartino)            4.00
Pastificio Fabianelli S.p.A. (Fabianelli)...............            4.00
Pastificio Felicetti S.r.L. (Felicetti).................            4.00
Pastificio Labor S.r.L. (Labor).........................            4.00
Pastificio Riscossa F. Ili Mastromauro S.p.A. (AKA                  4.00
 Pastificio Riscossa F. Ili. Mastromauro S.r.L.)
 (Riscossa).............................................
Poiatti S.p.A. (Poiatti)................................            4.00
Premiato Pastificio Afreltra S.r.L. (Premiato)..........            4.00
Rustichella d'Abruzzo S.p.A. (Rustichella)..............            4.00
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Duty Assessment

    The Department shall determine and Customs and Border Protection 
(CBP) shall assess antidumping duties on all appropriate entries.\8\ 
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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    \8\ 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

[[Page 91122]]

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

Appendix--List of Topics Discussed in the Final Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. List of Comments
V. Analysis of Comments
    Indalco
    Comment 1: General and Administrative (G&A) Expense Ratio
    Comment 2: Interest Expense Ratio
    Comment 3: Cost of Goods Sold for G&A and Interest Expense 
Ratios
    Comment 4: Adjustment to the Cost of Manufacturing
    Comment 5: Correct Assessment Rate
    Comment 6: Level of Trade
    Liguori
    Comment 7: Depreciation of Idled Asset
    Comment 8: Semolina Costs
    Comment 9: Home Market Inland Freight
    Comment 10: Shape Classification
VI. Recommendation

[FR Doc. 2016-30324 Filed 12-15-16; 8:45 am]
 BILLING CODE 3510-DS-P