[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Notices]
[Pages 64329-64330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27119]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-819]


Pasta From Italy: Final Results of Countervailing Duty 
Administrative Review; 2016

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

SUMMARY: The Department of Commerce (Commerce) has completed its 
administrative review of the countervailing duty (CVD) order on pasta 
from Italy. We have determined that GR.A.M.M. S.r.l. (GR.A.M.M.), the 
only mandatory respondent, received countervailable subsidies during 
the period of review (POR) January 1, 2016, through December 31, 2016.

DATES: Applicable December 14, 2018.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1785.

SUPPLEMENTARY INFORMATION:

Background

    On July 24, 1996, Commerce published in the Federal Register a CVD 
Order on pasta from Italy.\1\ On August 9, 2018, Commerce published the 
Preliminary Results of this CVD administrative review in the Federal 
Register.\2\ Commerce gave interested parties an opportunity to comment 
on the Preliminary Results. On September 11, 2018, we received a case 
brief from GR.A.M.M. No rebuttal comments were received.
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    \1\ See Notice of Countervailing Duty Order and Amended Final 
Affirmative Countervailing Duty Determination: Certain Pasta 
(``Pasta'') from Italy, 61 FR 38544 (July 24, 1996) (Order).
    \2\ See Certain Pasta from Italy: Preliminary Results of 
Countervailing Duty Administrative Review and Partial Rescission; 
2016, 83 FR 39418 (August 9, 2018) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
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Scope of the Order

    The merchandise covered by this order is certain non-egg dry pasta 
from Italy. The merchandise subject to this order 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 Issues and Decision Memorandum, which is hereby adopted in this 
notice.\3\
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    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Countervailing Duty Administrative Review: Certain 
Pasta from Italy; 2016,'' dated concurrently with this notice 
(Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the respondent's case brief are listed in the 
Appendix to this notice and are addressed in the Issues and Decision 
Memorandum accompanying this notice. 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 
http://access.trade.gov and in the Central Records Unit, Room B8024 of 
the main Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    For the final results, we changed the calculation of the 
countervailable subsidy rate for Action 6.1.4, Aid on Investment 
Program Promoted by Micro and Small Businesses, based on additional 
information provided regarding the specificity of the program and no 
longer find the portion of the program funded by the Regional 
Government of Puglia to be countervailable.

Methodology

    We conducted this review in accordance with section 751(a)(1)(A) of 
the Tariff Act of 1930, as amended (the Act). For each of the subsidy 
programs found to be countervailable during the POR, we find that there 
is a subsidy, i.e., a government-provided financial contribution that 
gives rise to a benefit to the recipient, and that the subsidy is 
specific.\4\ For a full description of the methodology underlying our 
conclusions, see the Issues and Decision Memorandum.
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    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regrading 
benefit; and, section 771(5A) of the Act regarding specificity.
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Final Results of Review

    We determine the following net countervailable subsidy rate for 
GR.A.M.M., for the period, January 1, 2016, through December 31, 2016:

------------------------------------------------------------------------
                                                                  Net
                                                                subsidy
                      Producer/exporter                          rate
                                                               (percent)
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GR.A.M.M. S.r.l.............................................        1.18
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Disclosure

    We intend to disclose to the parties in this proceeding the 
calculations performed for these final results within five days of the 
date of publication of this notice in the Federal Register.\5\
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    \5\ See 19 CFR 351.224(b).
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Assessment Rates

    In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue 
assessment instructions to U.S. Customs and Border Protection (CBP) 15 
days after the date of publication of these final results to liquidate 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption, on or after January 1, 2016 through December 31, 2016, 
at the ad valorem rate listed above.

Cash Deposit Instructions

    In accordance with section 751(a)(2)(C) of the Act, we intend to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amount shown above for shipments of subject merchandise 
by GR.A.M.M.. For all non-reviewed firms, we will instruct CBP to 
continue to collect cash deposits of estimated countervailing duties at 
the most recent company-specific or all-others rate applicable to the 
company. These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these results in accordance with 
sections

[[Page 64330]]

751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: December 7, 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 Issues and Decision Memorandum

I. Summary
II. Background
III. List of Interested Party Comments
IV. Scope of the Order
V. Changes Since the Preliminary Results
VI. Subsidy Valuation Information
VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Commerce Should Not Make Any Changes to the Results 
Other Than Those Raised in Parties' Briefs
    Comment 2: Commerce Should Exclude the Action 6.1.4. Program 
from the Final Results
    Commerce 3: Commerce Should Recalculate the Benefit for the ERDF 
Action 4.1 Program
IX. Conclusion

[FR Doc. 2018-27119 Filed 12-13-18; 8:45 am]
 BILLING CODE 3510-DS-P