[Federal Register Volume 85, Number 42 (Tuesday, March 3, 2020)]
[Notices]
[Pages 12518-12520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04340]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


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

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

SUMMARY: The Department of Commerce (Commerce) is amending the final 
results of the administrative review of the antidumping duty (AD) order 
on certain pasta from Italy to correct one ministerial error. The 
period of review (POR) is July 1, 2017 through June 30, 2018.

DATES: Applicable March 3, 2020.

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 January 16, 2020, Commerce published its final results of the 
administrative review of the antidumping duty order on certain pasta

[[Page 12519]]

from Italy, covering a 2017-2018 period of review.\1\ On January 21, 
2020, Industria Alimentare Colavita S.p.A. (Indalco) submitted a timely 
allegation that Commerce made two ministerial errors in the Final 
Results.\2\ On January 23, 2020, Domestic Producers \3\ filed a timely 
rebuttal to Indalco's allegation.\4\
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    \1\ See Certain Pasta from Italy: Final Results of Antidumping 
Duty Administrative Review; 2017-2018, 85 FR 2714 (January 16, 2020) 
(Final Results).
    \2\ See Indalco's Letter, ``Certain Pasta from Italy: 22nd POR 
Final Results: Request for Correction of Clerical Error,'' dated 
January 21, 2020. This submission is timely filed within five days 
of the disclosure, as provided in 19 CFR 351.224(c)(2).
    \3\ The domestic producers are Dakota Growers Pasta Company, 
Riviana Foods and Treehouse Foods (collectively, Domestic 
Producers).
    \4\ See Domestic Producers' Letter, ``Administrative Review of 
Certain Pasta from Italy--Petitioners' Response to Indalco's 
Ministerial Error Comments,'' dated January 23, 2020.
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Legal Framework

    A ministerial error, as defined in section 751(h) of the Tariff Act 
of 1930, as amended (the Act), includes ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the administering authority considers 
ministerial.'' \5\ With respect to final results of an administrative 
review, 19 CFR 351.224(e) provides that Commerce ``will analyze any 
comments received and, if appropriate, correct any ministerial error by 
amending . . . the final results of review. . . .''
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    \5\ See 19 CFR 351.224(f).
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Ministerial Error Allegations

    In its ministerial error allegation, Indalco argues that Commerce 
failed to recalculate imputed credit expenses for certain home market 
sales in which Indalco reported no payment date. In addition, Indalco 
asserts that when Commerce plugged the missing payment date for certain 
home market sales, Commerce should have relied on the date of its last 
cost supplemental questionnaire response, rather than the date of the 
last section B supplemental questionnaire response, which is the date 
Commerce used in the Final Results.
    We agree with Indalco that Commerce committed an inadvertent error 
within the meaning of section 735(e) of the Act and 19 CFR 351.224(f) 
with respect to imputed credit expenses in the home market. We intended 
to recalculate imputed credit expenses for certain home market sales in 
which Indalco reported no payment date. However, we inadvertently 
omitted that calculation from the dumping calculations used in the 
Final Results. Thus, we determine that, in accordance with section 
751(h) of the Act and 19 CFR 351.224(f), we made an unintentional 
ministerial error in the Final Results. As to the date that Commerce 
should use when the payment date information is missing for certain 
home market sales, we find that Indalco's comments constitute a 
methodological argument that does not meet the definition of a 
ministerial error as defined under 19 CFR 351.224(f). As a result, we 
have not addressed Indalco's argument on this point for these amended 
final results.\6\ For a detailed discussion of these ministerial error 
allegations, as well as Commerce's analysis, see the Ministerial Error 
Memorandum.\7\
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    \6\ For further information, see Memorandum, ``Administrative 
Review of the Antidumping Duty Order on Certain Pasta from Italy; 
2017-2018: Ministerial Error Memorandum,'' dated concurrently with 
these amended final results (Ministerial Error Memorandum).
    \7\ Id.
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Non-Examined Companies

    Pursuant to 19 CFR 351.224(e), we are amending the Final Results to 
correct the ministerial error. The correction results in a revised 
weighted-average dumping margin for Indalco of zero percent. The 
weighted-average dumping margin for Ghigi 1870 S.p.A. and Pasta Zara 
S.p.A. (Ghigi/Zara) of 91.76 percent ad valorem remains unchanged from 
the Final Results.\8\ As a result of these amended final results, 
Ghigi/Zara is the sole mandatory respondent with a weighted-average 
dumping margin which is not zero, de minimis or based entirely on facts 
available. Thus, consistent with section 735(c)(5)(A) of the Act, we 
have 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 S.r.L. and Tesa S.r.L.
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    \8\ See Final Results, 85 FR at 2714.
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Amended Final Results

    The amended final results are as follows:
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    \9\ The margin calculated for Ghigi 1870 S.p.A. and Pasta Zara 
S.p.A. is unchanged from the Final Results.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Ghigi 1870 S.p.A. and Pasta Zara S.p.A.\9\..................       91.76
Industria Alimentare Colavita S.p.A.........................        0.00
Agritalia S.r.L.............................................       91.76
Tesa SrL (Tesa).............................................       91.76
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Disclosure

    We intend to disclose the calculation performed for these amended 
final results within five days of the publication of this notice in the 
Federal Register, in accordance with 19 CFR 351.224(b).

Antidumping Duty Assessment

    Commerce shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries. The 
ministerial error corrections resulted in a zero percent margin for 
Indalco. Accordingly, we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.
    In accordance with Commerce'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, i.e., 15.45 percent, from the less-
than-fair-value investigation as modified by the section 129 
determination,\10\ if there is no rate for the intermediate 
company(ies) involved in the transaction.\11\
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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).
    \11\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    On January 30, 2020, the Court of International Trade issued 
preliminary injunctions prohibiting the assessment of duties on entries 
of subject merchandise produced and/or exported by: (1) Ghigi/Zara; (2) 
Tesa SrL; and (3) Agritalia S.r.L. starting January 30, 2020. 
Accordingly, Commerce will not order CBP to assess antidumping duties 
on entries of that merchandise while the preliminary injunctions are in 
place.

Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties will be effective for all shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after 
January 16, 2020, the date of publication of the Final Results of this 
administrative review in the Federal Register, as provided by section 
751(a)(2) of the Act: (1) The cash deposit rate for respondents noted 
above will be equal to the weighted-average dumping margin established 
in the amended final results of this administrative review,

[[Page 12520]]

except when that rate is de minimis where the cash deposit rate will be 
zero; (2) for merchandise exported by producers or exporters not 
covered in this administrative review but covered in a prior completed 
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, then 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 less-than-fair-value 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 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 the 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.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.224(e).

    Dated: February 20, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-04340 Filed 3-2-20; 8:45 am]
 BILLING CODE 3510-DS-P