[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74676-74679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25816]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Preliminary Results of Antidumping Duty 
Administrative Review and Preliminary Determination of No Shipments; 
2018-2019

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) and La Molisana SpA (La Molisana) sold 
certain pasta (pasta) from Italy at less than normal value (NV) during 
the period of review (POR) July 1, 2018 through June 30, 2019. We 
further preliminarily determine that Pasta Berruto had no shipments of 
subject merchandise during the POR. Interested parties are invited to 
comment on these preliminary results.

DATES: Applicable November 23, 2020.

[[Page 74677]]


FOR FURTHER INFORMATION CONTACT: Jonathan Hall-Eastman, 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) 482-1468.

SUPPLEMENTARY INFORMATION:

Background

    On July 24, 1996 Commerce published the Order in the Federal 
Register.\1\ On September 9, 2019, pursuant to section 751(a)(1) of the 
Tariff Act of 1930, as amended (the Act), Commerce initiated an 
administrative review of the Order covering the following companies: 
Aldino S.r.L. (Aldino), F. Divella S.p.A., Ghigi/Zara, Industria 
Alimentare Colavita S.p.A. (Indalco), La Molisana, Liguori Pastificio 
dal 1820 S.p.A., Newlat Food S.p.A., Pasta Berruto S.p.A., Pasta Lensi 
S.r.L. (Pasta Lensi), Pastificio Di Martino Gaetano e Flli S.p.A., 
Pastificio Rey S.r.L., Rummo S.p.A., San Remo Macaroni Company, Tesa 
S.r.L., and Valdigrano di Flavio Pagani S.r.L.\2\ On December 20, 2019, 
Commerce rescinded the review of Pasta Lensi, Indalco, and Aldino.\3\
---------------------------------------------------------------------------

    \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) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84FR 47242 (September 9, 2019).
    \3\ See Certain Pasta from Italy: Notice of Partial Rescission 
of Antidumping Duty Administrative Review, 84 FR 70149 (December 20, 
2019).
---------------------------------------------------------------------------

    On March 2, 2020, Commerce extended the deadline for the 
preliminary results to July 30, 2020.\4\ On April 24, 2020, Commerce 
tolled all deadlines in administrative reviews by 50 days.\5\ On July 
21, 2020, Commerce tolled all deadlines in administrative reviews by an 
additional 60 days.\6\ The deadline for the preliminary results of this 
review is now November 17, 2020.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Certain Pasta: Extension of Time Limit for 
Preliminary Results of Antidumping Duty Administrative Review; 2018/
2019,'' dated March 2, 2020.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Preliminary Results of Antidumping Duty Administrative Review: 
Certain Pasta from Italy; 2018-2019,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    Imports covered by this order are shipments of certain non-egg dry 
pasta in packages of five pounds four ounces or less, whether or not 
enriched or fortified or containing milk or other optional ingredients 
such as chopped vegetables, vegetable purees, milk, gluten, diastasis, 
vitamins, coloring and flavorings, and up to two percent egg white. 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 Preliminary Decision 
Memorandum.

Preliminary Determination of No Shipments

    On September 23, 2019, Pasta Berruto S.p.A. (Pasta Berruto) 
reported that it had no exports or sales of subject merchandise into 
the United States during the POR.\8\ To confirm Pasta Berruto's no-
shipment claim, Commerce issued a no-shipment inquiry to U.S. Customs 
and Border Protection (CBP) requesting that it review Pasta Berruto's 
no-shipment claims.\9\ CBP reported that it had no information to 
contradict Pasta Berruto's claims of no shipments.
---------------------------------------------------------------------------

    \8\ See Pasta Berruto's Letter, ``Pasta Berruto S.p.A.: ``No 
Shipments'' Letter for Certain Pasta from Italy (7/0l/2018-6/30/
2019),'' dated September 13, 2019.
    \9\ See ``No shipments inquiry for certain pasta from Italy 
produced and/or exported by Pasta Berruto S.p.A (A-475-818),'' 
Message Number 9273310, dated September 30, 2019.
---------------------------------------------------------------------------

    Given that Pasta Berruto reported that it made no shipments of 
subject merchandise to the United States during the POR, and there is 
no information calling this claim into question, we preliminarily 
determine that Pasta Berruto made no shipments of subject merchandise 
during the POR. Consistent with Commerce's practice, we will not 
rescind the review with respect to Pasta Berruto but, rather, we will 
complete the review and issue instructions to CBP based on the final 
results.\10\
---------------------------------------------------------------------------

    \10\ See e.g., ``Certain Lined Paper Products from India: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2016-2017,'' 83 FR 50886 
(October 10, 2018), unchanged in ``Certain Lined Paper Products from 
India: Final Results of Antidumping Duty Administrative Review; 
2016-2017,'' 84 FR 23017 (May 21, 2019).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. Export and constructed export price were 
calculated in accordance with section 772 of the Act. Normal value was 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying our conclusions, see the 
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. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/index.html. 
The signed Preliminary Decision Memorandum and the electronic version 
of the Preliminary Decision Memorandum are identical in content. A list 
of topics discussed in the Preliminary Decision Memorandum is attached 
as an Appendix to this notice.

Application of Adverse Facts Available

    Pursuant to section 776(a) of the Act, Commerce is preliminarily 
relying upon facts otherwise available to assign a weighted-average 
dumping margin to Ghigi/Zara in this review. Preliminarily, Commerce 
finds that Ghigi/Zara withheld necessary information that was requested 
by Commerce, significantly impeded the review, and provided information 
that could not be verified, warranting a determination on the basis of 
the facts available under section 776(a) of the Act. Further, Commerce 
preliminarily determines that Ghigi/Zara failed to cooperate by not 
acting to the best of its ability to comply with requests for 
information and, thus, Commerce is applying adverse facts available 
(AFA) to Ghigi/Zara, in accordance with section 776(b) of the Act. For 
a full description of the methodology underlying our conclusions 
regarding the application of AFA, see the Preliminary Decision 
Memorandum.

Rate for Non-Selected Companies

    We are applying to the non-selected companies the rate 
preliminarily applied to La Molisana in this administrative review, 
which is the only calculated rate in this administrative review that is 
not zero, de minimis or based entirely on section 776 of the Act. For a 
detailed discussion, see the Preliminary Decision Memorandum.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following

[[Page 74678]]

weighted-average dumping margins exist for the POR:

------------------------------------------------------------------------
                                                            Weighted-
                 Exporter or producer                    average dumping
                                                        margin (percent)
------------------------------------------------------------------------
Ghigi 1870 S.p.A. (Ghigi) and Pasta Zara S.p.A. (Pasta             91.76
 Zara)................................................
La Molisana SpA.......................................             18.51
------------------------------------------------------------------------
   Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
F. Divella S.p.A......................................             18.51
Liguori Pastificio dal 1820 S.p.A.....................             18.51
Newlat Food S.p.A.....................................             18.51
Pasta Berruto S.p.A...................................             18.51
Pastificio Di Martino Gaetano e Flli S.p.A............             18.51
Pastificio Fratelli DeLuca S.r.l......................             18.51
Pastificio Rey S.r.L..................................             18.51
Rummo S.p.A...........................................             18.51
Tesa S.r.L............................................             18.51
Valdigrano di Flavio Pagani S.r.L.....................             18.51
------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.
    Pursuant to 19 CFR 351.212(b)(1), for La Molisana we calculated 
importer-specific ad valorem antidumping duty assessment rates based on 
the ratio of the total amount of dumping calculated for the examined 
sales to the total entered value of the sales. Where a respondent did 
not report entered value, we calculated the entered value in order to 
calculate the assessment rate. 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. 
For Ghigi/Zara and the companies listed above which were not selected 
for individual examination, we will direct CBP to assess antidumping 
duties at an ad valorem rate equal to each company's weighted-average 
dumping margin.
    In accordance with Commerce's reseller policy, for entries of 
subject merchandise during the POR produced or exported by Pasta 
Berruto, or produced by La Molisana which did not know that its 
merchandise was destined for the United States, we will instruct CBP to 
liquidate entries not reviewed at the all-others rate of 15.45 percent, 
the all-others rate established in the less-than-fair-value 
investigation as modified by the section 129 determination.\11\ We 
intend to issue instructions to CBP 15 days after publication of the 
final results of this review.\12\
---------------------------------------------------------------------------

    \11\ 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).
    \12\ See 19 CFR 356.8(a).
---------------------------------------------------------------------------

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 date of publication of the final 
results, as provided by section 751(a)(2) of the Act: (1) The cash 
deposit rate for each of the firms listed above will be equal to each 
company's weighted-average dumping margin as established in the final 
results of this review, except if the ultimate rate is de minimis 
within the meaning of 19 CFR 351.106(c)(1), in which case the cash 
deposit rate will be zero; (2) for merchandise produced or exported by 
a company 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 in which the producer or exporter 
participated; (3) if the exporter is not a firm covered in this review, 
a prior review, or the original less-than-fair-value investigation but 
the producer is, then the cash deposit rate will be the rate 
established for the most recently completed segment of the proceeding 
for the producer of the 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 section 129 review subsequent to the 
less-than-fair-value investigation.\13\
---------------------------------------------------------------------------

    \13\ See Order.
---------------------------------------------------------------------------

    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Disclosure

    We intend to disclose the calculations performed in these 
preliminary results to parties in this proceeding within five days of 
the date of publication of this notice.\14\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

Public Comment

    Pursuant to 19 CFR 351.309(c)(1)(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 seven days after the date for filing 
case briefs.\15\ 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.\16\ All briefs must be filed electronically using 
ACCESS.\17\ An electronically filed document must be received 
successfully in its entirety by the established deadline. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents

[[Page 74679]]

containing business proprietary information, until further notice.\18\
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 
(March 26, 2020); and Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19; Extension of Effective Period, 85 FR 
41363 (July 10, 2020) (collectively, Temporary Rule).
    \16\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for 
general filing requirements).
    \17\ See generally 19 CFR 351.303.
    \18\ See Temporary Rule.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, within 30 days after the date of 
publication of this notice. 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. If a request for a hearing is 
made, Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location hearing two days before the scheduled date.
    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.

Notification to Importers

    This notice also 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 period. 
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 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: November 17, 2020.
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. Preliminary Determination of No Shipments
V. Application of Facts Available and Use of Adverse Inferences
VI. Discussion of the Methodology
VII. Rate for Non-Selected Companies
VIII. Recommendation

[FR Doc. 2020-25816 Filed 11-20-20; 8:45 am]
BILLING CODE 3510-DS-P