[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39685-39687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17047]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Preliminary Results of Antidumping Duty 
Administrative Review; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
Ghigi 1870 S.p.A. (previously known as Ghigi lndustria Agroalimentare 
Srl) (Ghigi) and Pasta Zara S.p.A. (Pasta Zara) (collectively Ghigi/
Zara) made sales of subject merchandise at less than normal value 
during the period of review (POR) and that Industria Alimentare 
Colavita S.p.A. (Indalco) did not. We invite interested parties to 
comment on these preliminary results.

DATES: Effective Applicable August 10, 2018.

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

    Commerce is conducting an administrative review of the antidumping 
duty order on certain pasta (pasta) from Italy. The period of review 
(POR) is July 1, 2016, through June 30, 2017.

Scope of the Order

    The merchandise subject to the Order \1\ is certain pasta from 
Italy and 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. A full description of the scope of 
the Order is contained in the Preliminary Decision Memorandum.\2\
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    \1\ See Notice of Antidumping Duty Order and Amended Final 
Determination of Sales at Less Than Fair Value: Certain Pasta from 
Italy, 61 FR 38547 (July 24, 1996) (AD Order).
    \2\ See the ``Decision Memorandum for the Preliminary Results of 
Antidumping Duty Administrative Review: Certain Pasta from Italy; 
2016-2017,'' dated concurrently and hereby adopted by this notice 
(Preliminary Decision Memorandum).
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Methodology

    Commerce 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. 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 B-8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/index.html. A list of the topics 
discussed in the Preliminary Decision Memorandum is attached as an 
Appendix to this notice.

Preliminary Results of the Review

    As a result of this review, we calculated a weighted-average 
dumping margin of 5.97 percent for Ghigi/Zara and a de minimis margin 
for Indalco for the period July 1, 2016, through June 30, 2017. 
Therefore, in accordance with section 735(c)(5)(A) of the Act, we 
assigned the weighted-average dumping margin of 5.97 percent calculated 
for Ghigi/Zara to the seven non-selected companies in these preliminary 
results, as referenced below.

[[Page 39686]]



------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                Producer and/or exporter                  dumping margin
                                                             (percent)
------------------------------------------------------------------------
Ghigi 1870 S.p.A. and Pasta Zara S.p.A. (Zara)                      5.97
 (collectively Ghigi/Zara) \3\..........................
Industria Alimentare Colavita S.p.A. (Indalco)..........            0.00
Agritalia S.r.L. (Agritalia)............................            5.97
Alessio, Panarese Soceieta Agricola (Alessio)...........            5.97
Antico Pastificio Morelli 1860 S.r.l. (Antico)..........            5.97
Colussi SpA (Colussi)...................................            5.97
Liguori Pastificio dal 1820 S.p.A. (Liguori)............            5.97
Pastificio Menucci SpA (Menucci)........................            5.97
Tesa SrL (Tesa).........................................            5.97
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the 
preliminary results.\4\
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    \3\ See Certain Pasta from Italy: Final Results of Antidumping 
Duty Administrative Review; 2015-2016, 82 FR 57428, December 5, 
2017, and the accompanying Issues and Decision Memorandum at comment 
3.
    \4\ See 19 CFR 351.224(b).
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Public Comment

    Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit 
case 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 no later than five days after the date for filing 
case briefs.\5\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\6\
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    \5\ See 19 CFR 351.309(d).
    \6\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for 
general filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance. All documents must be filed electronically using ACCESS, 
which is available to registered users at http://acess.trade.gov. An 
electronically filed request must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the 
date of publication of this notice.\7\ Requests should contain: (1) The 
party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
and rebuttal briefs.
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    \7\ See 19 CFR 351.310(c).
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    We intend to issue the final results of this administrative review, 
including the results of our analysis of the issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rate

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. If the 
weighted-average dumping margin for Ghigi/Zara or Indalco is above de 
minimis (i.e., more than 0.5 percent) in the final results of this 
review, we will calculate importer-specific assessment rates on the 
basis of the ratio of the total amount of antidumping duties calculated 
for each importer's examined sales and the total entered value of sales 
in accordance with 19 CFR 351.212(b)(1).\8\ If the weighted-average 
dumping margin for Ghigi/Zara or Indalco is zero or de minimis in the 
final results of review, we will instruct CBP not to assess duties on 
any of their entries in accordance with the Final Modification for 
Reviews.\9\
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    \8\ In these preliminary results, we applied the assessment rate 
calculation method adopted in Antidumping Proceedings: Calculation 
of the Weighted-Average Dumping Margin and Assessment Rate in 
Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 
(February 14, 2012) (Final Modification for Reviews).
    \9\ See Final Modification for Reviews, 77 FR at 8102.
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    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 pasta from Italy 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.\10\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \10\ 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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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

[[Page 39687]]

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.

Notification to Interested Parties

    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(h)(1).

    Dated: August 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
    A. Comparisons to Normal Value
    1. Determination of Comparison Method
    2. Results of the Differential Pricing (DP) Analysis
    B. Product Comparisons
    C. Date of Sale
    D. Export Price/Constructed Export Price
    E. Normal Value
    1. Home Market Viability
    2. Affiliated Party Transactions and the Arm's-Length Test
    3. Cost of Production
    a. Calculation of Cost of Production
    b. Test of Comparison Market Prices
    c. Results of the COP Test
    F. Level of Trade
    G. Calculation of Normal Value Based on Comparison Market Prices
    H. Calculation of Normal Value Based on Constructed Value
    I. Margins for Companies Not Selected for Individual Examination
    J. Currency Conversion
V. Recommendation

[FR Doc. 2018-17047 Filed 8-9-18; 8:45 am]
 BILLING CODE 3510-DS-P