[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Notices]
[Pages 48114-48116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19790]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Preliminary Results of Antidumping Duty 
Administrative Review; 2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Ghigi 1870 S.p.A. (Ghigi) and Pasta Zara S.p.A. (Pasta Zara) 
(collectively Ghigi/Zara) sold certain pasta from Italy (pasta) at less 
than normal value (NV) during the period of review (POR) July 1, 2017 
through June 30, 2018, and Industria Alimentare Colavita S.p.A. 
(Indalco) did not sell pasta at less than NV during the POR. Interested 
parties are invited to comment on these preliminary results.

DATES: Applicable September 12, 2019.

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 10, 2018, Commerce published the notice of initiation 
of this administrative review of certain pasta from Italy covering the 
following companies: Agritalia S.r.L. (Agritalia), Francesco Tamma 
S.p.A. (Tamma), Ghigi, Ghigi Industria Agroalimentare Srl (Ghigi 
Industria),\1\ Pasta Zara, Indalco, La Molisana S.p.A. (La Molisana), 
and Tesa SrL (Tesa).\2\ Commerce exercised its discretion to toll all 
deadlines affected by the partial federal government closure from 
December 22, 2018 through the resumption of operations on January 29, 
2019.\3\ On February 20, 2019, we rescinded the administrative review 
with respect to Tamma and La Molisana.\4\ On April 16, 2019, Commerce 
extended the deadline of these preliminary results until September 6, 
2019.\5\ The events that have occurred between initiation and these 
preliminary results are discussed in the Preliminary Decision 
Memorandum.\6\
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    \1\ Ghigi and Ghigi Industria were listed separately in the 
Initiation Notice. In the 2015-16 administrative review of this 
order, Commerce determined that Ghigi 1870 S.p.A. was formerly known 
as Ghigi Industria. See Certain Pasta From Italy: Final Results of 
Antidumping Duty Administrative Review; 2015-2016, 82 FR 57428 
(December 5, 2017). Accordingly, we are conducting the review on 
Ghigi and intend to assess antidumping duties calculated for Ghigi 
to any entries made by Ghigi Industria during the POR.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 45596 (September 10, 2018) (Initiation 
Notice).
    \3\ See Memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
    \4\ See Certain Pasta from Italy: Notice of Partial Rescission 
of Antidumping Duty Administrative Review, 84 FR 5055 (February 20, 
2019).
    \5\ See Memorandum, ``Certain Pasta from Italy: Extension of 
Time Limit for Preliminary Results of Antidumping Duty 
Administrative Review; 2017/2018,'' dated April 16, 2019.
    \6\ See Preliminary Decision Memorandum.
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Scope of the Order

    The merchandise subject to the Order \7\ 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.
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    \7\ 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) (Order).
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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

[[Page 48115]]

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 
https://access.trade.gov and is available to all parties in the Central 
Records Unit, Room B-8024 of the main Commerce building. In addition, 
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 96.79 percent for Ghigi/Zara \8\ and 0.00 percent for 
Indalco for the period July 1, 2017 through June 30, 2018. In 
accordance with section 735(c)(5)(A) of the Act, we assigned the 
weighted-average dumping margin calculated for Ghigi/Zara to the 
following companies that were not selected for individual examination 
in this review: Agritalia and Tesa.
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    \8\ In the current review, we continue to treat Ghigi and Zara 
as a single entity. See Certain Pasta from Italy: Final Results of 
Antidumping Duty Administrative Review; 2015-2016, 82 FR 57428 
(December 5, 2017), and accompanying Issues and Decision Memorandum 
at Comment 3 (discussing Commerce's determination to collapse Ghigi 
and Zara).

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                  Producer and/or exporter                      dumping
                                                                margin
                                                               (percent)
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Ghigi 1870 S.p.A. and Pasta Zara S.p.A......................       96.79
Industria Alimentare Colavita S.p.A.........................        0.00
Agritalia S.r.L.............................................       96.79
Tesa SrL....................................................       96.79
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Assessment Rates

    Upon issuance of the final results in this administrative review, 
Commerce shall determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries in 
accordance with 19 CFR 351.212(b)(1). If the weighted-average dumping 
margin for Ghigi/Zara or Indalco is not zero or de minimis (i.e., less 
than 0.5 percent) in the final results of this review, we will 
calculate importer-specific ad valorem assessment rates on the basis on 
the ratio of the total amount of antidumping duties calculated for each 
importer's examined sales and the total entered value of the sales in 
accordance with 19 CFR 351.212(b)(1).\9\ 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 above de minimis. Where 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 and for future deposits of estimated duties, 
where applicable.
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    \9\ 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).
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    For entries of subject merchandise during the POR produced by the 
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 instructions to CBP 15 days after the date of 
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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Disclosure and Public Comment

    Commerce intends to disclose to the parties to the proceeding the 
calculations performed in connection with these preliminary results to 
interested parties within five days of publication of this notice.\11\
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    \11\ See 19 CFR 351.224(b).
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    Interested parties may submit case briefs to Commerce in response 
to these preliminary results no later than 30 days after the 
publication of this notice.\12\ 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.\13\ 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.\14\
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    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d)(1) and (2).
    \14\ 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 must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically-filed request for a hearing must be received 
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30 
days after the date of publication of this notice.\15\ Hearing 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 issues 
raised in the briefs. If a request for a hearing is made, parties will 
be notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.\16\
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    \15\ See 19 CFR 351.310(c); 19 CFR 351.303(b)(1).
    \16\ See 19 CFR 351.310(c).
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    Commerce intends to issue the final results of this administrative 
review,

[[Page 48116]]

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 these preliminary results in the Federal Register, unless otherwise 
extended.\17\
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    \17\ See section 751(a)(3)(A) of the Act.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping 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: September 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
V. Recommendation

[FR Doc. 2019-19790 Filed 9-11-19; 8:45 am]
BILLING CODE 3510-DS-P