[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Notices]
[Pages 57428-57430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26165]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


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

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

SUMMARY: On August 3, 2017, 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, 2015, through June 30, 2016. As a result of 
our analysis of the comments and information received,

[[Page 57429]]

these final results differ from the Preliminary Results with respect to 
Ghigi 1870 S.p.A. and Pasta Zara S.p.A. (collectively, Ghigi/Zara).\1\ 
For the final weighted-average dumping margins, see the ``Final Results 
of Review'' section below.
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    \1\ 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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DATES: Applicable December 5, 2017.

FOR FURTHER INFORMATION CONTACT: Joy Zhang (Ghigi/Zara) or George 
McMahon (Indalco), 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.

SUPPLEMENTARY INFORMATION: 

Background

    On August 3, 2017, the Department of Commerce (the Department) 
published the Preliminary Results.\2\ In accordance with 19 CFR 
351.309(c)(1)(ii), we invited parties to comment on our Preliminary 
Results. On September 5, 2017, the petitioners and Ghigi/Zara submitted 
their case briefs. On September 11, 2017, the petitioners and Ghigi/
Zara submitted their rebuttal briefs.\3\ On September 5, 2017 Ghigi/
Zara submitted a request for a hearing, which it withdrew on October 
20, 2017.\4\
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    \2\ See Certain Pasta from Italy: Preliminary Results of 
Antidumping Duty Administrative Review; 2015-2016, 82 FR 36126 
(August 3, 2017) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \3\ See Petitioners' case brief, dated September 5, 2017, Ghigi/
Zara's case brief, dated September 5, 2017, Petitioners' rebuttal 
brief, dated September 11, 2017 and Ghigi/Zara's rebuttal brief, 
dated September 11, 2017.
    \4\ See letter titled ``Certain Pasta from Italy: Request for a 
Hearing,'' dated September 5, 2017; see also letter titled ``Certain 
Pasta from Italy: Withdrawal of Request for Hearing,'' dated October 
20, 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.\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'', 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 Ghigi/Zara's weighted-average dumping margin.\6\ As a 
result of the recalculation of the rate for Ghigi/Zara, the weighted-
average dumping margin for the non-selected companies has changed. The 
weighted-average dumping margin for Indalco remains unchanged from the 
Preliminary Results.
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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 that is above de minimis 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 
calculated for Ghigi/Zara to the four non-selected companies in these 
final 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) (collectively        5.30
 Ghigi/Zara) \7\............................................
Industria Alimentare Colavita S.p.A. (Indalco)..............        0.00
GR.A.M.M. S.r.l.............................................        5.30
Pastificio Andalini S.p.A. (Andalini).......................        5.30
Pastificio Zaffiri S.r.l. (Zaffiri).........................        5.30
Tesa SrL (Tesa).............................................        5.30
------------------------------------------------------------------------

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 respondent 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. 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.
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    \7\ See Memorandum titled ``2015-2016 Antidumping Duty 
Administrative Review of Certain Pasta from Italy: Ghigi and Zara 
Collapsing Memorandum,'' dated July 31, 2017.
    \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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    In accordance with the Department's ``automatic assessment'' 
practice, for entries of subject merchandise during the POR produced by 
each respondent for which it did not know that its 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 assessment instructions directly to CBP 15 days

[[Page 57430]]

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 351.221(b)(5).

    Dated: November 29, 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 Final Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. List of Comments
V. Analysis of Comments
    Comment 1: Whether to Include Expenses Related to Contract 
Cancellation Charges in Ghigi's General and Administrative (G&A) 
Expense Calculation
    Comment 2: Whether to Adjust Zara's G&A Expense Calculation to 
Reclassify Certain Expenses
    Comment 3: Whether to Revise Manufacturer Field Coding
    Comment 4: Whether to Revise Differential Pricing Methodology
VI. Recommendation

[FR Doc. 2017-26165 Filed 12-4-17; 8:45 am]
 BILLING CODE 3510-DS-P