[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Notices]
[Pages 45886-45888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15123]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-819]


Certain Pasta from Italy: Preliminary Results and Partial 
Rescission of Countervailing Duty Administrative Review; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies are being provided to certain 
producers and exporters of certain pasta (pasta) from Italy during the 
period of review (POR) January 1, 2021, through December 31, 2021. 
Additionally, Commerce is rescinding the review with respect to two 
companies. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable July 18, 2023.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1395.

SUPPLEMENTARY INFORMATION:

Background

    On July 24, 1998, Commerce published in the Federal Register the 
countervailing duty order on pasta from Italy.\1\ On September 6, 2022, 
Commerce published in the Federal Register the

[[Page 45887]]

notice of initiation of an administrative review of the Order.\2\ We 
initiated an administrative review of four producers/exporters of pasta 
from Italy for the POR. On March 22, 2023, Commerce extended the 
deadline for the preliminary results of this administrative review to 
no later than July 11, 2023.\3\
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    \1\ See Notice of Countervailing Duty Order and Amended Final 
Affirmative Countervailing Duty Determination: Certain Pasta from 
Italy, 61 FR 38544 (July 24, 1996) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 54463, 54473 (September 6, 2022).
    \3\ See Memorandum, `` Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review,'' dated March 
22, 2023.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as the appendix to this notice. 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Countervailing Duty Administrative Review: Certain Pasta 
from Italy,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by this Order is pasta from Italy. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.\5\
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    \5\ Id.
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Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Commerce received timely-filed 
withdrawal requests with respect to: (1) Pastificio Mediterranea 
S.R.L.; \6\ and (2) Pastificio Favellato Srl.\7\ Because the withdrawal 
requests were timely filed, and no other parties requested a review of 
these companies, in accordance with 19 CFR 351.213(d)(1), Commerce is 
rescinding this review of the Order with respect to these two 
companies.
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    \6\ See Pastificio Mediterranea S.R.L.'s letter, ``Withdrawal of 
Request for Administrative Review on Behalf of Pastificio 
Mediterranea S.R.L,'' dated October 31, 2022.
    \7\ See Pastificio Favetello Srl's letter, ``Withdraw Request 
for Administrative Review,'' dated November 2, 2022.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found to be countervailable, we preliminarily 
determine that there is a subsidy, i.e., a government-provided 
financial contribution that gives rise to a benefit to the recipient, 
and that the subsidy is specific.\8\ For a full description of the 
methodology, see the Preliminary Decision Memorandum.
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    \8\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Preliminary Results of Review

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist for the period January 1, 2021, 
through December 31, 2021:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Pastificio Gentile S.R.L................................            1.79
Sgambaro SpA............................................            1.79
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Preliminary Rate for Non-Selected Companies Under Review

    There is one company for which a review was requested and not 
rescinded, and which was not selected as a mandatory respondent or 
found to be cross-owned with a mandatory respondent. The statute and 
Commerce's regulations do not directly address the establishment of 
rates to be applied to companies not selected for individual 
examination where Commerce limits its examination in an administrative 
review pursuant to section 777A(e)(2) of the Act. However, Commerce 
normally determines the rates for non-selected companies in reviews in 
a manner that is consistent with section 705(c)(5) of the Act, which 
provides the basis for calculating the all-others rate in an 
investigation.
    Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general 
rule, to calculate an all-others rate equal to the weighted average of 
the countervailable subsidy rates established for exporters and/or 
producers individually examined, excluding any rates that are zero, de 
minimis, or based entirely on facts available. In this review, the 
preliminary rate calculated for Pastificio Gentile S.r.l. (Gentile), 
the sole mandatory respondent, was not zero, de minimis, or based 
entirely on facts available. Therefore, for the company for which a 
review was requested that was not selected as a mandatory company 
respondent, and for which Commerce did not receive a timely request for 
withdrawal of review, we are applying to the non-selected company the 
net subsidy rate calculated for Gentile.

Cash Deposit Requirements

    Pursuant to section 751(a)(1) of the Act, Commerce intends, upon 
publication of the final results, to instruct U.S. Customs and Border 
Protection (CBP) to collect cash deposits of estimated countervailing 
duties in the amounts shown for each of the respondents listed above on 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review. If the rate calculated in the 
final results is zero or de minimis, no cash deposit will be required 
on shipments of the subject merchandise entered or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this review.
    For all non-reviewed firms, CBP will continue to collect cash 
deposits of estimated countervailing duties at the all-others rate or 
the most recent company-specific rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Consistent with section 751(a)(1) of the Act and 
19 CFR 351.212(b)(2), upon issuance of the final results, Commerce 
shall determine, and CBP shall assess, countervailing duties on all 
appropriate entries covered by this review. We intend 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).
    For the companies for which this review is rescinded with these 
preliminary results, we will instruct CBP to assess countervailing 
duties on

[[Page 45888]]

all appropriate entries at a rate equal to the cash deposit of 
estimated countervailing duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the period January 
1, 2021, through December 31, 2021, in accordance with 19 CFR 
351.212(c)(l)(i).

Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon for the final results of review.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed in reaching the preliminary results within five days of 
publication of these preliminary results, in accordance with 19 CFR 
351.224(b).\9\
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    \9\ See 19 CFR 351.224(b).
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Public Comment

    Case briefs or other written documents may be submitted to the 
Assistant Secretary for Enforcement and Compliance.\10\ A timeline for 
the submission of case and rebuttal briefs and written comments will be 
provided to interested parties at a later date.
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    \10\ See 19 CFR 351.309(c)-(d).
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    Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit 
case or rebuttal briefs in this administrative review 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.\11\ All briefs 
must be filed electronically using ACCESS. Note that Commerce has 
temporarily modified certain of its requirements for service documents 
containing business proprietary information, until further notice.\12\
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    \11\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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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, U.S. Department of Commerce, filed 
electronically using ACCESS. An electronically-filed request must be 
received successfully, and in its entirety by 5:00 p.m. Eastern Time, 
within 30 days after the date of publication of this notice. Hearing 
requests should contain the party's name, address, and telephone 
number, the number of participants, whether any participant is a 
foreign national, and a list of the issues to be discussed. If a 
request for a hearing is made, parties will be notified of the date and 
time for the hearing to be determined.

Final Results

    Unless extended, we intend to issue the final results of this 
administrative review, which will include the results of our analysis 
of the issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, pursuant to 
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: July 11, 2023.
Lisa W. Wang,
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
V. Non-Selected Companies Under Review
V.Partial Rescission of Administrative Review
VI. Use of Facts Otherwise Available and Adverse Inferences
VII.Subsidies Valuation
VIII. Analysis of Programs
IX. Recommendation

 [FR Doc. 2023-15123 Filed 7-17-23; 8:45 am]
 BILLING CODE 3510-DS-P