[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)]
[Notices]
[Pages 36126-36127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16349]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Preliminary Results of Antidumping Duty 
Administrative Review; 2015-2016

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, 2015, through June 30, 2016. This 
review covers two mandatory respondents, Ghigi 1870 S.p.A. (previously 
known as Ghigi lndustria Agroalimentare Srl) (Ghigi) and Pasta Zara 
S.p.A. (Pasta Zara) (collectively Ghigi/Zara), Industria Alimentare 
Colavita S.p.A. (Indalco) and four non-selected companies. We 
preliminarily determine that Ghigi/Zara made sales of subject 
merchandise at less than normal value during the period of review (POR) 
and Indalco did not. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable August 3, 2017.

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, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-1168 or (202) 482-1167, 
respectively.

Background

    On September 12, 2016, the Department published a notice of 
initiation of an administrative review of the antidumping order on 
pasta from Italy.\1\ On February 27, 2017, the Department rescinded the 
instant review, in part, with respect to Premiato Pastificio Afeltra 
S.r.l. (Afeltra), Delverde Industrie Alimentari S.p.A. (Delverde 
Alimentari), Pastificio Felicetti S.r.L. (Felicetti), Pastificio Labor 
S.r.L. (Labor), La Fabbrica Della Pasta di Gragnano S.A.S di Antonio 
Moccia (La Fabbrica), Liguori Pastificio dal 1820 S.p.A. (Liguori), 
Rustichella d'Abruzzo SpA (Rustichella), and Tamma Industrie Alimentari 
de Capitanata S.r.L (Tamma) pursuant to the timely withdrawal requests 
submitted by the respective parties.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 62720 (September 12, 2016) (Initiation 
Notice).
    \2\ See Certain Pasta from Italy: Notice of Partial Rescission 
of Antidumping Duty Administrative Review, 82 FR 11903 (February 27, 
2017).
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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.\3\
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    \3\ 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; 2015-2016,'' 
dated concurrently with this notice (Preliminary Decision 
Memorandum).
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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, 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 https://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 16.07 percent for Ghigi/Zara and a de minimis 
margin for Indalco for the period July 1, 2015, through June 30, 2016. 
Therefore, in accordance with section 735(c)(5)(A) of the Act, the 
Department assigned the weighted-average dumping margin of 16.07 
percent calculated for Ghigi/Zara to the four non-selected companies in 
these preliminary results, as referenced below.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                Producer and/or exporter                      dumping
                                                              margin
                                                             (percent)
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Ghigi 1870 S.p.A. and Pasta Zara S.p.A. (Zara)                     16.07
 (collectively Ghigi/Zara) \4\..........................
Industria Alimentare Colavita S.p.A. (Indalco)..........            0.00
GR.A.M.M. S.r.l.........................................           16.07
Pastificio Andalini S.p.A. (Andalini)...................           16.07
Pastificio Zaffiri S.r.l. (Zaffiri).....................           16.07
Tesa SrL (Tesa).........................................           16.07
------------------------------------------------------------------------

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 Ghigi/Zara 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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    \4\ See Memorandum titled ``2015-2016 Antidumping Duty 
Administrative Review of Certain Pasta from Italy: Ghigi and Zara 
Collapsing Memorandum,'' dated July 31, 2017.
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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

[[Page 36127]]

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 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.\5\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \5\ 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.\6\ 
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.\7\ 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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    \6\ See 19 CFR 351.224(b).
    \7\ 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.\8\ 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, 1401 Constitution Avenue NW., Washington, 
DC 20230, at a time and location to be determined.\9\ Parties should 
confirm by telephone the date, time, and location of the hearing.
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    \8\ See 19 CFR 351.310(c).
    \9\ 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 and/or countervailing 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 and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: July 28, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
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. Affiliation and Collapsing
5. 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 (EP)/Constructed Export Price (CEP)
    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
6. Recommendation

[FR Doc. 2017-16349 Filed 8-2-17; 8:45 am]
BILLING CODE 3510-DS-P