Certain Pasta From Italy: Notice of Final Results of the Thirteenth Antidumping Duty Administrative Review, 81212-81214 [2010-32473]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Notices]
[Pages 81212-81214]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32473]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Notice of Final Results of the 
Thirteenth Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On August 6, 2009, the Department of Commerce (the Department) 
published the preliminary results of the thirteenth administrative

[[Page 81213]]

review for the antidumping duty order on certain pasta from Italy. The 
review covers two manufacturers/exporters: Pastificio Lucio Garofalo 
(Garofalo) and Pastificio Attilio Mastromauro-Pasta Granoro S.r.L. 
(Granoro). The period of review (POR) is July 1, 2008, through June 30, 
2009. Granoro and Garofalo were selected as mandatory respondents.\1\
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    \1\ As a result of withdrawals of request for review, we 
rescinded this review, in part with respect to Domenico Paone fu 
Erasmo, S.p.A. (Erasmo), Pasta Lensi S.r.L. (Lensi), Industria 
Alimentare Colavita, S.p.A. (Indalco), PAM S.p.A. (PAM), and 
Fasolino Foods Company, Inc. and its affiliate Euro-American Foods 
Group Inc. (Fasolino/Euro-American Foods). See Certain Pasta from 
Italy: Notice of Partial Rescission of Antidumping Duty 
Administrative Review and Extension of Time Limit for the 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
10464 (March 8, 2010).
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    As a result of our analysis of the comments received, the final 
results differ from the preliminary results for Granoro and Garofalo. 
The final weighted-average dumping margins for these companies are 
listed below in the ``Final Results of Review'' section of this notice.

DATES: Effective Date: December 27, 2010.

FOR FURTHER INFORMATION CONTACT: Victoria Cho (Garofalo) and Jolanta 
Lawska (Granoro), AD/CVD Operations, Office 3, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-5075 and (202) 482-4161, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 16, 2010, the Department published the preliminary 
results of the thirteenth administrative review of the antidumping duty 
order on certain pasta from Italy. See Certain Pasta From Italy: Notice 
of Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
49907 (August 16, 2010) (Preliminary Results).
    Garofalo and Granoro submitted case briefs on September 15, 2010. 
Petitioners \2\ submitted rebuttal briefs on September 20, 2010.
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    \2\ Petitioners are New World Pasta Company, Dakota Growers 
Pasta Company, and American Italian Pasta Company.
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Scope of the Order

    Imports covered by this 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 this scope 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 this 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. Also excluded 
are imports of organic pasta from Italy that are accompanied by the 
appropriate certificate issued by the Instituto Mediterraneo Di 
Certificazione, by QC&I International Services, by Ecocert Italia, by 
Consorzio per il Controllo dei Prodotti Biologici, by Associazione 
Italiana per l'Agricoltura Biologica, by Codex S.r.L., by Bioagricert 
S.r.L., or by Instituto per la Certificazione Etica e Ambientale. 
Effective July 1, 2008, gluten free pasta is also excluded from this 
order. 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). The merchandise subject to this order is 
currently classifiable under items 1902.19.20 and 1901.90.9095 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.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum, dated concurrent with this notice and which is hereby 
adopted by this notice. A list of the issues which parties have raised, 
and to which we have responded in the Issues and Decision Memorandum, 
is attached to this notice as an Appendix. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the Web at https://ia.ita.doc.gov/frn/ frn/, and is on file in the 
Central Records Unit, main Commerce Building, Room 7046. The paper copy 
and electronic version of the Issues and Decision Memorandum are 
identical in content.

Changes Since the Preliminary Results

Garofalo

    Regarding Garofalo, based on our analysis of the comments received, 
we made the following changes in calculating the dumping margin: (1) We 
relied on the revised and corrected charts and graphs submitted by 
Garofalo in conducting our quarterly cost linkage analysis and 
determined that application of the Department's quarterly costing 
methodology was not warranted, and, as a result, changed the finding 
made in the Preliminary Results; (2) we increased Garofalo's cost of 
manufacturing (COM) to account for the unreconciled difference between 
the COM from its normal books and records and the reported COM; and, 
(3) we used the reported allocation methodology to distribute other 
losses between fixed overhead and general and administrative expenses 
(G&A) which Garofalo excluded from the reported costs. See Issues and 
Decision Memorandum at Comment 1. For further details on how these 
changes were applied in the calculation, see Memorandum from Angie 
Sep[uacute]lveda, Senior Accountant, to Neal M. Halper, Director, 
Office of Accounting, ``Cost of Production and Constructed Value 
Calculation Adjustments for the Final Results-Pastificio Lucio Garofalo 
S.p.A.,'' dated December 14, 2010 (Garofalo Cost Calculation Memo).

Granoro

    Regarding Granoro, for the final results we increased the 
denominator of the G&A and financial expense ratios by the amount of 
the expenses for testing of pasta recorded in the 2008 audited 
financial statements. See Issues and Decision Memorandum at Comment 4. 
For further details on how these changes were applied in the 
calculation, see Memorandum from Ernest Z. Gziryan, Senior Accountant, 
to Neal M. Halper, Director, Office of Accounting, ``Cost of Production 
and Constructed Value Calculation Adjustments for the Final Results--
Pastificio Attilio Mastromauro--Pasta Granoro S.r.L.'' dated December 
14, 2010 (Granoro Cost Calculation Memo).

Final Results of Review

    We determine that the following weighted-average margins exist for 
the period July 8, 2008, through June 30, 2009:

------------------------------------------------------------------------
                                                              Margin
                  Manufacturer/exporter                      (percent)
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Garofalo................................................            3.61
Granoro.................................................            0.80
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Duty Assessment

    The Department shall determine and U.S. Customs and Border 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries. Pursuant to 19 CFR 351.212(b)(1), the Department

[[Page 81214]]

calculates an assessment rate for each importer of the subject 
merchandise for each respondent. Upon issuance of the final results of 
this administrative review, if any importer-specific assessment rates 
calculated in the final results are above de minimis (i.e., at or above 
0.5 percent), the Department will issue appraisement instructions 
directly to CBP to assess antidumping duties on appropriate entries.
    To determine whether the duty assessment rates covering the period 
were de minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), for each respondent we calculated importer (or 
customer)-specific ad valorem rates by aggregating the dumping margins 
calculated for all U.S. sales to that importer or customer and dividing 
this amount by the total entered value of the sales to that importer 
(or customer). Where an importer (or customer)-specific ad valorem rate 
is greater than de minimis, and the respondent has reported reliable 
entered values, we apply the assessment rate to the entered value of 
the importer's/customer's entries during the review period. Where an 
importer (or customer)-specific ad valorem rate is greater than de 
minimis and we do not have reliable entered values, we calculate a per-
unit assessment rate by aggregating the dumping duties due for all U.S. 
sales to each importer (or customer) and dividing this amount by the 
total quantity sold to that importer (or customer).
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This 
clarification will apply to entries of subject merchandise during the 
POR produced by the respondent for which it did not know its 
merchandise 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. For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).

Cash Deposit Requirements

    The following antidumping duty deposit rates will be effective upon 
publication of the final results of this administrative review for all 
shipments of pasta from Italy entered, or withdrawn from warehouse, for 
consumption on or after the publication date of these final results, as 
provided for by section 751(a)(1) of the Tariff Act of 1930, as amended 
(the Act): (1) If the exporter is not a firm covered in this review, 
but was covered in a previous review or the original less-than-fair-
value (LTFV) investigation, the cash deposit rate will continue to be 
the company-specific rate established for the most recent period; (2) 
if the exporter is not a firm covered in this review, a prior review, 
or the LTFV investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent period for the 
manufacturer of the subject merchandise; and (3) if neither the 
exporter nor the manufacturer is a firm covered by this review, a prior 
review, or the LTFV investigation, the cash deposit rate will be 15.45 
percent, the all-others rate established in the Section 129 
determination. 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). These cash 
deposit requirements 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 and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in the Secretary's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent increase in antidumping duties by 
the amount of antidumping and/or countervailing duties reimbursed.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(5). Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 14, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I

List of Comments in the Issues and Decision Memorandum

Comment 1: Use of Quarterly Cost Methodology for Garofalo
Comment 2: Whether the Department Should Include Transportation 
Recovery in the U.S. Sales Calculation
Comment 3: Whether the Department Should Modify its Liquidation 
Instructions to U.S. Customs and Border Protection
Comment 4: General and Administrative and Financial Expense Ratios

[FR Doc. 2010-32473 Filed 12-23-10; 8:45 am]
BILLING CODE 3510-DS-P