[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Notices]
[Pages 63627-63629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26771]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


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

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

SUMMARY: The Department of Commerce (Commerce) determines that Ghigi 
1870 S.p.A. and Pasta Zara S.p.A. (collectively, Ghigi/Zara) sold pasta

[[Page 63628]]

from Italy at less than normal value (NV) during the period of review 
(POR) July 1, 2016, through June 30, 2017, but Industria Alimentare 
Colavita S.p.A. (Indalco) did not.

DATES: Applicable December 11, 2018.

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

    Commerce published the Preliminary Results on August 10, 2018.\1\ 
For events subsequent to the Preliminary Results, see Commerce's Issues 
and Decision Memorandum.\2\
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    \1\ See Certain Pasta from Italy: Preliminary Results of 
Antidumping Duty Administrative Review; 2016-2017, 83 FR 39685 
(August 10, 2018) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Certain Pasta from Italy: Issues and 
Decision Memorandum for the Final Results; 2016-2017,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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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\ See Issues and Decision Memorandum for a complete 
description of the scope of the Order.
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Analysis of Comments Received

    In the Issues and Decision Memorandum, we addressed all issues 
raised in parties' case and rebuttal briefs. In the Appendix to this 
notice, we provide a list of the issues raised by parties. 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 our review of the record and comments received from 
interested parties, these final results do not differ from the 
Preliminary Results with respect to Ghigi/Zara, Indalco, and the seven 
firms not subject to individual review.\4\
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    \4\ The seven companies not subject to individual review are 
listed in the ``Final Results of Review'' section below.
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Final Results of the Review

    As a result of this review, Commerce calculated a weighted-average 
dumping margin that is above de minimis for Ghigi/Zara and a zero 
margin for Indalco for the POR. Therefore, consistent with its practice 
and the methodology set forth in section 735(c)(5)(A) of the Tariff Act 
of 1930, as amended (the Act), Commerce assigned the weighted-average 
dumping margin calculated for Ghigi/Zara to the seven non-selected 
companies in these final results, as referenced below.

------------------------------------------------------------------------
                                                             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)..............................
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
------------------------------------------------------------------------

Duty Assessment

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce shall determine and Customs and Border Protection (CBP) shall 
assess antidumping duties on all appropriate entries.\5\ 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), Commerce 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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    \5\ In these final results, Commerce 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 Commerce's ``automatic assessment'' practice,\6\ 
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.
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    \6\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003).
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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

[[Page 63629]]

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.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days of the date of publication of this notice 
in accordance with 19 CFR 351.224(b).

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 Commerce's presumption that 
reimbursement of antidumping and/or countervailing duties occurred and 
the subsequent assessment of doubled antidumping duties.

Notification Regarding 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: December 4, 2018.
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. Discussion of the Issues
    Comment: Whether to Recalculate Ghigi/Zara's Material Cost as 
One Weighted-Average Cost
V. Recommendation

[FR Doc. 2018-26771 Filed 12-10-18; 8:45 am]
BILLING CODE 3510-DS-P