[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Pages 67868-67869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24566]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Final Results of Antidumping Duty 
Administrative Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
sales of certain pasta (pasta) from Italy have been made at less than 
normal value by Pastificio Di Martino Gaetano e Flli S.p.A./Pastificio 
dei Campi S.p.A. (Di Martino/Dei Campi) during the period of review 
(POR) from July 1, 2020, through June 30, 2021.

DATES: Applicable November 10, 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 August 2, 2022, Commerce published the Preliminary Results and 
invited interested parties to comment.\1\ This review covers only one 
respondent, Di Martino/Dei Campi. No interested party submitted 
comments on the Preliminary Results or requested a hearing in this 
administrative review. Accordingly, the final results remain unchanged 
from the Preliminary Results. Commerce conducted this review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).
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    \1\ See Certain Pasta from Italy: Preliminary Results of 
Antidumping Duty Administrative Review and Partial Recission of 
Review; 2020-2021, 87 FR 47815 (August 2, 2022) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum.
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Scope of the Order \2\
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    \2\ 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); see also Certain Pasta 
from Italy: Final Results of Antidumping and Countervailing Duty 
Changed Circumstances Reviews, 82 FR 4291 (January 13, 2017).
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    Imports covered by the 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 
pasta covered by the scope of the Order is typically sold in the retail 
market, in fiberboard or cardboard cartons, or polyethylene or 
polypropylene bags of varying dimensions.
    Excluded from the scope of the Order are refrigerated, frozen, or 
canned pastas, as well as all forms of egg pasta, with the exception of 
non-egg dry pasta containing up to two percent egg white. Multicolored 
pasta, imported in kitchen display bottles of decorative glass that are 
sealed with cork or paraffin and bound with raffia, is excluded from 
the scope of the Order.\3\ Pursuant to Commerce's August 14, 2009, 
changed circumstances review, effective July 1, 2008, gluten-free pasta 
is also excluded from the scope of the Order.\4\ Effective January 1, 
2012, ravioli and tortellini filled with cheese and/or vegetables are 
also excluded from the scope of the Order.\5\
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    \3\ See Memorandum to Richard Moreland, dated August 25, 1997, 
which is on file in the Central Records Unit.
    \4\ See Certain Pasta from Italy: Notice of Final Results of 
Antidumping Duty Changed Circumstances Review and Revocation, in 
Part, 74 FR 41120 (August 14, 2009).
    \5\ See Certain Pasta from Italy: Final Results of Antidumping 
Duty and Countervailing Duty Changed Circumstances Reviews and 
Revocation, in Part, 79 FR 58319, 58320 (September 29, 2014).
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    Also excluded are imports of organic pasta from Italy that are 
certified by an EU authorized body in accordance with the United States 
Department of Agriculture's National Organic Program for organic 
products. The organic pasta certification must be retained by exporters 
and importers and made available to U.S. Customs and Border Protection 
(CBP) or the Department of Commerce upon request.
    The merchandise subject to this Order is currently classifiable 
under subheadings 1901.90.9095 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.

Final Results of Review

    We determine that the following weighted-average dumping margin 
exists for the respondent for the POR, July 1, 2020, through June 30, 
2021:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter or producer                        dumping
                                                              margin
                                                             (percent)
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Pastificio Di Martino Gaetano e Flli S.p.A. and                     6.60
 Pastificio dei Campi S.p.A.............................
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Disclosure and Public Comment

    Because Commerce received no comments on its Preliminary Results, 
we have not modified our analysis, and no decision memorandum 
accompanies this Federal Register notice. Consequently, there are no 
new calculations to disclose in accordance with 19 CFR 351.224(b) for 
these final results.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise in 
accordance with the

[[Page 67869]]

final results of this review. We will calculate importer-specific 
assessment rates on the basis of the ratio of the total amount of 
dumping calculated for each importer's examined sales and the total 
entered value of the importer's sales in accordance with 19 CFR 
351.212(b)(1). Where the respondent's weighted-average dumping margin 
is either zero or de minimis within the meaning of 19 CFR 351.106(c), 
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.
    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review for which the reviewed company did not know 
that the merchandise they sold to the intermediary (e.g., a reseller, 
trading company, or exporter) was destined for the United States. In 
such instances, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\6\
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    \6\ 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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    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 for estimated antidumping 
duties will be effective for all shipments of 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 its weighted-average dumping 
margin established in the final results of this administrative review 
(except if that rate is de minimis, in which situation the cash deposit 
rate will be zero); (2) for merchandise exported by a company not 
covered in this review but covered in a prior completed segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation but the producer has been 
covered in a prior complete segment of this proceeding, the cash 
deposit rate will be the company-specific rate established in the 
completed segment for the most recent period for the producer of the 
merchandise; (4) the cash deposit rate for all other producers and 
exporters will continue to be 15.45 percent, the all-others rate 
established in the section 129 determination.\7\
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    \7\ 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 also 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 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, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i) of the Act, and 
19 CFR 351.221(b)(5).

    Dated: November 4, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-24566 Filed 11-9-22; 8:45 am]
BILLING CODE 3510-DS-P