[Federal Register Volume 87, Number 147 (Tuesday, August 2, 2022)]
[Notices]
[Pages 47185-47187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16524]



[[Page 47185]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Preliminary Results of Antidumping Duty 
Administrative Review and Partial Recission of Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain pasta (pasta) from Italy was sold in the United 
States at less than normal value (NV) during the period of review 
(POR), July 1, 2020, through June 30, 2021. Further, Commerce is 
rescinding this review for fifteen of the companies for which this 
review was initiated. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable August 2, 2022.

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 antidumping duty order on 
pasta from Italy in the Federal Register.\1\ On July 1, 2021, Commerce 
published a notice of opportunity to request an administrative review 
of the Order.\2\ On September 7, 2021, based on timely requests for an 
administrative review, Commerce initiated an administrative review of 
the Order covering the following sixteen companies: Aldino S.R.L., 
Armonie D'Italia srl., Pastificio Di Martino Gaetano e Flli S.p.A. (Di 
Martino), F. Divella S.p.A., Falco Molino e Pastificio srl., La 
Molisana S.p.A., Pasta Casiglioni, Pastificio C.A.M.S. Srl., Pastificio 
Della Forma S.R.L., Pastificio Favellato srl., Pastificio Fratelli De 
Luca S.R.L., Liguori Pastificio dal 1820 S.p.A., Pastificio 
Mediterranea S.R.L., Pastificio Tamma S.R.L., Rummo S.p.A., and 
Valdigrano di Flavio Pagani S.R.L.\3\ Because the review requests for 
all companies except for Di Martino were timely withdrawn, on December 
13, 2022, we selected Di Martino for individual examination as the sole 
mandatory respondent.\4\ Further, we have preliminarily collapsed Di 
Martino and its affiliate Pastificio dei Campi (Dei Campi) and have 
treated these two companies as 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 Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 86 FR 35065 (July 1, 2021).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 50034 (September 7, 2021).
    \4\ See Memorandum, ``2020-2021 Antidumping Duty Administrative 
Review of Certain Pasta from Italy: Selection of New Respondent,'' 
dated December 13, 2021
    \5\ See Memorandum, ``Preliminary Affiliation and Collapsing 
Memorandum for Pastificio Di Martino and Pastificio Dei Campi,'' 
dated concurrently with this notice.
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    On March 3, 2022, Commerce extended the deadline for these 
preliminary results to July 29, 2022.\6\ For a complete description of 
the events that followed the initiation of this review, see the 
Preliminary Decision Memorandum.\7\ The Preliminary Decision Memorandum 
is a public document and is on file electronically via the 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \6\ See Memorandum, ``Certain Pasta from Italy: Extension of 
Deadline for Preliminary Results of Antidumping Duty Administrative 
Review,'' dated March 3, 2022.
    \7\ See Memorandum, ``Certain Pasta from Italy: Decision 
Memorandum for the Preliminary Results of Antidumping Duty 
Administrative Review; 2020-2021,'' 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 Tariff Act of 1930, as amended (the Act). Export 
price and constructed export price were calculated in accordance with 
sections 772(a) and (b) of the Act, respectively. NV was calculated in 
accordance with section 773 of the Act. For a full description of the 
methodology underlying these preliminary results, see the Preliminary 
Decision Memorandum. A list of topics discussed in the Preliminary 
Decision Memorandum is included as Appendix I to this notice.

Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party that requested 
the review withdraws its request within 90 days of the publication of 
the notice of initiation of the requested review. Because all requests 
for administrative review of the 15 companies listed in Appendix II 
were timely withdrawn, and no other party requested a review of these 
companies, Commerce is rescinding this review, in part, with respect to 
these companies, in accordance with 19 CFR 351.213(d)(1).

Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exists for the POR:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Pastificio Di Martino Gaetano e Flli S.p.A. and Pastificio          6.60
 dei Campi S.p.A.\8\........................................
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose under Administrative Protective Order 
the calculations performed in connection with these preliminary results 
to interested parties in this preliminary determination within five 
days of any public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b).
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    \8\ Commerce preliminarily determines that Di Martino and Dei 
Campi are a single entity. See Preliminary Decision Memorandum.
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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.\9\ Parties who submit case or rebuttal briefs in this 
proceeding are requested to submit with each argument: (1) a statement 
of the issue;

[[Page 47186]]

(2) a brief summary of the argument; and (3) a table of 
authorities.\10\
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    \9\ 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).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2); see also 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, filed electronically via ACCESS, 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 submissions must be filed electronically using ACCESS.\11\ An 
electronically filed document must be received successfully in its 
entirety via 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.\12\
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    \11\ See generally 19 CFR 351.303.
    \12\ See Temporary Rule.
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Final Results of Review

    Unless extended, 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 these preliminary results, pursuant to section 
751(a)(3)(A) of the Act.

Assessment of Antidumping Duties

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. Commerce 
intends to issue assessment instructions to CBP for the rescinded 
companies no earlier than 35 days after the date of publication of the 
preliminary results of this administrative 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).
    If the weighted-average dumping margin for Di Martino/Dei Campi 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 for the merchandise based on the ratio of the total 
amount of dumping calculated for the examined sales made during the POR 
to each importer and the total entered value of those same sales, in 
accordance with 19 CFR 351.212(b)(1). Where an importer-specific ad 
valorem 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, in accordance with 19 CFR 
351.106(c)(2). If Di Martino/Dei Campi's weighted-average dumping 
margin is zero or de minimis in the final results of review, we will 
instruct CBP not to assess duties on any of its entries in accordance 
with the Final Modification for Reviews, i.e., ``{w{time} here the 
weighted-average margin of dumping for the exporter is determined to be 
zero or de minimis, no antidumping duties will be assessed.'' \13\ For 
entries of subject merchandise during the POR produced by Di Martino/
Dei Campi for which the producer did not know 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 (or companies) involved in the transaction.\14\
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    \13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
    \14\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the companies for which we have rescinded this review, Commerce 
intends to instruct CBP to assess antidumping duties on all appropriate 
entries at a rate equal to the cash deposit rate of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, during the POR, in accordance with 19 CFR 
351.212(c)(1)(i).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review 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 rate for Di Martino/Dei 
Campi will be equal to the weighted-average dumping margin established 
in the final results of this administrative review (unless that rate is 
de minimis where the cash deposit rate will be zero percent); (2) for 
previously reviewed or investigated companies not listed above, 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 company participated; (3) if the exporter is not a firm 
covered in this review, a prior review, or in the 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 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.\15\
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    \15\ 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, 25263 (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 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 preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213(d)(4).

    Dated: July 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Partial Rescission of Review

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VI. Discussion of the Methodology
VII. Recommendation

Appendix II

Companies Rescinded From Review

1. Aldino S.r.l.
2. Armonie D'Italia srl
3. F. Divella S.p.A.
4. Falco Molino e Pastificio srl
5. La Molisana SpA
6. Pasta Castiglioni
7. Pastificio C.A.M.S. Srl
8. Pastificio Della Forma S.r.l.
9. Pastificio Favellato srl
10. Pastificio Fratelli De Luca S.r.l.
11. Pastificio Liguori dal 1870 SpA
12. Pastificio Mediterranea S.R.L.
13. Pastificio Tamma S.r.l.
14. Rummo S.p.A.
15. Valdigrano di Flavio Pagani S.r.L

[FR Doc. 2022-16524 Filed 8-1-22; 8:45 am]
BILLING CODE 3510-DS-P