[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 62995-62996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24821]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Final Results of Antidumping Duty
Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
pasta (pasta) from Italy was sold in the United States at less than
normal value during the period of review (POR) July 1, 2019, through
June 30, 2020.
DATES: Applicable November 15, 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 August 3, 2021, Commerce published the Preliminary Results.\1\
On September 2, 2021, Commerce received case briefs on behalf of
Liguori Pastificio dal 1820 S.p.A./Pastificio Della Forma S.r.l.
(Liguori/Della Forma) and La Molisana S.p.A. (La Molisana).\2\ No
interested party filed a rebuttal brief. For a complete description of
the events that occurred since the Preliminary Results, see the Issues
and Decision Memorandum.\3\
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\1\ See Certain Pasta from Italy: Preliminary Results of
Antidumping Duty Administrative Review; 2019-2020, 86 FR 41827
(August 3, 2021) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Liguori/Della Forma's Letter, ``Antidumping Duty Review
of Certain Pasta from Italy: Liguori's Case Brief,'' dated September
2, 2021; see also La Molisana's Letter, ``Certain Dry Pasta from
Italy; A-475-818; Case Brief,'' dated September 2, 2021.
\3\ See Memorandum, ``Certain Pasta from Italy: Issues and
Decision Memorandum for the Final Results of Antidumping Duty
Administrative Review; 2019-2020,'' dated concurrently with, and
hereby adopted by, this notice (Issues and 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 Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case briefs are addressed in the Issues
and Decision Memorandum. A list of the issues that parties raised and
to which we responded in the Issues and Decision Memorandum is attached
to this notice as an Appendix. 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
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
No changes were made from the Preliminary Results.
Rates for Companies Not Selected for Individual Examination
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to individual companies not
selected for examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Tariff Act
of 1930, as amended (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 calculating the
rate for companies which we did not individually 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 (FA) in calculating an all-others rate.
Accordingly, Commerce's practice in administrative reviews 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 FA.\4\ For these
final results of review, we calculated a weighted-average dumping
margin for La Molisana that is not zero, de minimis, or based entirely
on FA. Therefore, consistent with our practice, we have assigned the
companies not selected for individual examination the weighted-average
dumping margin calculated for La Molisana.
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\4\ 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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Final Results of the Review
Commerce determines that the following weighted-average dumping
margin exists for the period July 1, 2019, through June 30, 2020:
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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
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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......................... 1.61
Pastificio C.A.M.S. Srl..................................... 1.61
Pastificio Fratelli De Luca S.r.l........................... 1.61
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Assessment Rate
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review.
For the individually examined companies with a weighted-average
dumping margin that is not zero, de minimis or based on total FA,
Commerce has calculated importer-specific antidumping duty assessment
rates. For La Molisana, we calculated importer-specific antidumping
duty
[[Page 62996]]
assessment rates by aggregating the total amount of dumping calculated
for the examined sales of each importer and dividing each of these
amounts by the total entered value associated with those sales. Where
either a respondent's weighted-average dumping margin is zero or de
minimis within the meaning of 19 CFR 351.106(c)(1), 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 entries of subject merchandise during the POR produced by La
Molisana or Liguori/Della Forma where the producer did not know its
merchandise was destined for the United States we will instruct CBP to
liquidate unreviewed suspended entries, consistent with the reseller
policy, at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\5\
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\5\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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The assessment rate for antidumping duties for each of the
companies not selected for individual examination, will be equal to the
weighted-average dumping margin identified above in the Final Results
of Review.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the 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 following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rates for the companies
identified above in the Final Results of Review will be equal to the
company-specific weighted-average dumping margin established in the
final results of this administrative review; (2) for merchandise
exported by a company not covered in this administrative review but
covered in a completed 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 or completed prior
segment of this proceeding but the producer is, the cash deposit rate
will be the company-specific 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 section 129 determination.\6\
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\6\ 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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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties and/or countervailing
duties prior to liquidation of the relevant entries during this POR.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties has occurred and the subsequent assessment of double antidumping
duties.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (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 or
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 351.221(b)(5)
and 19 CFR 351.213(h)(1).
Dated: November 8, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, 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. Scope of the Order
IV. Discussion of the Issues
Comment 1: Liquidation Instructions for Liguori/Della Forma
Comment 2: Bronze Die as a Physical Characteristic
Comment 3: Application of the Cohen's d Test
V. Recommendation
[FR Doc. 2021-24821 Filed 11-12-21; 8:45 am]
BILLING CODE 3510-DS-P