[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41827-41829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16498]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Preliminary Results of Antidumping Duty 
Administrative Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty (AD) order on certain 
pasta (pasta) from Italy, covering the period July 1, 2019, through 
June 30, 2020. We preliminarily determine that La Molisana S.p.A. (La 
Molisana) sold pasta from Italy at less than normal value during the 
period of review (POR), and that Liguori Pastificio dal 1820 S.p.A. 
(Liguori) and Pastificio Della Forma S.r.l. (Della Forma) did not sell 
subject merchandise at less than normal value during the POR. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable August 3, 2021.

FOR FURTHER INFORMATION CONTACT: Jonathan Hall-Eastman and John 
Hoffner, 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 
and (202) 482-3315, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 24, 1996, Commerce published the AD order in the Federal 
Register.\1\ On September 3, 2020, 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: 
Agritalia S.r.L., Armonie D'Italia srl, F. Divella S.p.A., La Molisana, 
Liguori, Pasta Castiglioni, Pasta Zara, S.p.A, Pastificio Della Forma 
S.r.l. (Della Forma), Pastificio C.A.M.S. Srl, and Pastificio Fratelli 
De Luca S.r.l, and Rummo S.p.A. (Rummo).\2\ On February 1, 2021, 
Commerce rescinded the review of Rummo and its subsidiary Pasta 
Castiglioni.\3\ On October 15, 2010, we selected La Molisana and 
Liguori for individual examination in this review.\4\ Further, we have 
preliminarily collapsed Liguori and Della Forma and have considered 
these two companies to constitute a single entity.\5\
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    \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, 85 FR 54983 (September 3, 2020).
    \3\ See Certain Pasta from Italy: Notice of Partial Rescission 
of Antidumping Duty Administrative Review, 86 FR 7700 (February 1, 
2021).
    \4\ See Memorandum, ``2019-2020 Antidumping Duty Administrative 
Review of Certain Pasta from Italy: Respondent Selection,'' dated 
October 15, 2020.
    \5\ See Memorandum, ``Preliminary Affiliation and Collapsing 
Memorandum for Liguori Pastificio dal 1820 S.p.A. and Pastificio 
della Forma S.r.l,'' dated concurrently with this notice.
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    On March 2, 2021, Commerce extended the deadline for the 
preliminary results to July 30, 2021.\6\ For a complete description of 
the events that followed the initiation of this review, see the 
Preliminary Decision Memorandum.\7\
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    \6\ See Memorandum, ``Certain Pasta: Extension of Time Limit for 
Preliminary Results of Antidumping Duty Administrative Review; 2019/
2020,'' dated March 2, 2021.
    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Preliminary Results of Antidumping Duty Administrative Review: 
Certain Pasta from Italy; 2019-2020,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by this order are certain pasta from Italy. 
For a full description of the scope, see the Preliminary Decision 
Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. Export price was 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. A 
list of topics discussed in the Preliminary Decision Memorandum is 
attached as an appendix to this notice.

Rate for Non-Selected Companies

    The statute and Commerce's regulations do not address the 
determination of a weighted-average dumping margin for individual 
companies not selected for individual examination when Commerce limits 
its examination in an administrative review pursuant to section 
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) 
of the Act, which provides instructions for calculating the all-others 
rate in an investigation, for guidance when determining the weighted-
average dumping margin for companies which we did not examine in an 
administrative review. Section 735(c)(5)(A) of the Act establishes a 
preference to avoid using rates which are zero, de minimis, or based 
entirely on facts available in calculating an all-others rate. 
Accordingly, Commerce's practice in an administrative review has been 
to average the weighted-average dumping margins for the companies 
selected for individual examination in the administrative review, 
excluding rates that are zero, de minimis, or based entirely on facts 
available.\8\ For the preliminary results of this review, we calculated 
a weighted-average dumping margin for La Molisana that is not zero, de 
minimis or based entirely on facts available, while we have calculated 
a weighted-average dumping margin for Liguori/Della Forma that is de 
minimis. Therefore, consistent with our practice, we have determined 
the weighted-average dumping margin for the companies not selected for 
individual examination that is equal to the

[[Page 41828]]

weighted-average dumping margin calculated for La Molisana.
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    \8\ See, e.g., Ball Bearings and Parts Thereof from France, 
Germany, Italy, Japan, and the United Kingdom: Final Results of 
Antidumping Duty Administrative Reviews and Rescission of Reviews in 
Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying 
Issues and Decision Memorandum at Comment 16.
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Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins exist for the POR:
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    \9\ Though there was no request for review of Ghigi 1870 S.p.A., 
Commerce previously collapsed Ghigi 1870 S, p, A, and Pasta Zara 
S.p.A. See Certain Pasta from Italy: Preliminary Results of 
Antidumping Duty Administrative Review; 2015-2016, 82 FR 36126 
(August 3, 2017), and accompanying Preliminary Decision Memorandum 
at 5; unchanged in Certain Pasta from Italy: Final Results of 
Antidumping Duty Administrative Review; 2015-2016, 82 FR 5742 
(December 5, 2017).

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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La Molisana S.p.A...........................................        1.61
Liguori Pastificio dal 1820 S.p.A. and Pastificio Della             0.00
 Forma S.r.l................................................
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   Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
Agritalia S.r.L.............................................        1.61
Armonie D'Italia srl........................................        1.61
F. Divella S.p.A............................................        1.61
Pasta Zara, S.p.A./Ghigi 1870 S.p.A.\9\.....................        1.61
Pastificio C.A.M.S. Srl.....................................        1.61
Pastificio Fratelli De Luca S.r.l...........................        1.61
------------------------------------------------------------------------

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. If a mandatory respondent's weighted-average dumping 
margin is not zero or de minimis in the final results of this review, 
we will calculate importer-specific assessment rates based on the ratio 
of the total amount of dumping calculated for each importer's examined 
sales and the total entered value of those sales in accordance with 19 
CFR 351.212(b)(1).\10\ If a respondent's weighted-average dumping 
margin or an importer-specific assessment rate is zero or de minimis in 
the final results of review, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
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    \10\ In these preliminary 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 Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012).
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    In accordance with Commerce's reseller policy, for entries of 
subject merchandise during the POR produced or exported by produced by 
La Molisana or Liguori/Della Forma 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 (LTFV) 
investigation as modified by the section 129 determination.\11\
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    \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).
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    For the companies which were not individually examined, we will 
instruct CBP to assess antidumping duties at a rate that is equal to 
the company-specific weighted-average dumping margin determined in the 
final results of review.
    The final results of this administrative review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
under review and for future deposits of estimated duties, where 
applicable.
    We intend to issue liquidation instructions to CBP no earlier than 
35 days after date of publication of the final results of this review 
in the Federal Register. If a timely summons is filed at the U.S. Court 
of International Trade, the assessment instructions will direct CBP not 
to liquidate relevant entries until the time for parties to file a 
request for a statutory injunction has expired (i.e., within 90 days of 
publication).

Cash Deposit Requirements

    The cash deposit rate for companies subject to this review will be 
as follows: (1) For the companies listed above in the final results of 
review, the cash deposit rate will be equal to the weighted-average 
dumping margin established in the final results of the review; (2) for 
merchandise exported by a company not covered in this review but 
covered in a prior completed segment of this proceeding, then the cash 
deposit rate will continue to be the company-specific rate published 
for the most recent period; (3) if the exporter is not a firm covered 
in this review, a prior completed review, or the LTFV investigation but 
the producer is, then the cash deposit rate will be the company-
specific rate established for the most recently completed segment for 
the producer of the merchandise; (4) the cash deposit rate for all 
other producers and exporters will continue to be the 15.45 percent, 
the all-others rate established in the section 129 review subsequent to 
the LTFV investigation.\12\
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    \12\ Id.
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    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.\13\
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    \13\ See 19 CFR 351.224(b).
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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.\14\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are requested to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\15\
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    \14\ 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).
    \15\ 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, 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.
    All briefs must be filed electronically using ACCESS.\16\ An 
electronically filed document must be received successfully in its 
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m. 
Eastern Time on the date that the submission is due. Note that Commerce 
has temporarily modified certain of its requirements for serving 
documents containing business proprietary information, until further 
notice.\17\
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    \16\ See generally 19 CFR 351.303.
    \17\ See Temporary Rule.
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Final Results of Review

    We intend to issue the final results of this administrative review, 
including

[[Page 41829]]

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 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: July 28, 2021.
Christian Marsh,
Acting 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. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Recommendation

[FR Doc. 2021-16498 Filed 8-2-21; 8:45 am]
BILLING CODE 3510-DS-P