Certain Pasta From Italy: Notice of Amended Final Results of the Thirteenth Antidumping Duty Administrative Review, 6601-6602 [2011-2614]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Notices]
[Pages 6601-6602]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2614]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


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

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

SUMMARY: On December 27, 2010, the Department of Commerce (the 
Department) published its final results of the thirteenth 
administrative review of the antidumping duty order on certain pasta 
from Italy for the period of review (POR) of July 1, 2008, through June 
30, 2009. See Certain Pasta from Italy: Notice of Final Results of the 
Thirteenth Antidumping Duty Administrative Review, 75 FR 81212 
(December 27, 2010) (Final Results). We are amending our final results 
to correct ministerial errors made in the calculation of the dumping 
margin for Pastificio Attilio Mastromauro-Pasta Granoro S.r. L. 
(Granoro), pursuant to section 751(h) of the Tariff Act of 1930, as 
amended (the Act).

DATES: Effective Date: February 7, 2011.

FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, 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) 482-8362.

SUPPLEMENTARY INFORMATION:

Background

    On December 15, 2010, the margin calculations were released to 
Granoro.\1\ On December 17, 2010, pursuant to 19 CFR 351.224(c), 
Granoro submitted comments alleging ministerial errors, and requested 
that the Department correct alleged ministerial errors. No party 
submitted comments regarding Granoro's request to correct the alleged 
ministerial errors.
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    \1\ On December 27, 2010, the Department published the Final 
Results of this administrative review.
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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.

Amended Final Results of Review

    After analyzing Granoro's comments, we have determined, in 
accordance with section 751(h) of Act and 19 CFR 351.224, that the 
Department made a ministerial error in the Final Results calculation 
for Granoro regarding its reported transportation recovery expense 
(TRANSPRECU). See Allegation of Ministerial Errors Memorandum, dated 
January 28, 2011 (Ministerial Errors Memo). The Department finds that 
in the Final Results, we correctly stated that, consistent with our 
practice, we capped the transportation recovery amounts by the amount 
of U.S. freight expenses,

[[Page 6602]]

incurred on subject merchandise; however, we did not implement this 
adjustment in the calculation of Granoro's margin program in the Final 
Results. See Final Results and accompanying Issues and Decision 
Memorandum, at page 8 (Issues and Decision Memorandum). Therefore, the 
Department finds that it inadvertently did not offset U.S. freight 
expense based on the amount of transportation recovery expense reported 
by Granoro. Accordingly, the Department's failure to make this 
adjustment was a clerical error. See section 751(h) of the Act. For 
these amended final results, the Department made these changes to 
Granoro's margin calculations as correctly explained in the final 
results. As a result, for the amended final results of this 
administrative review the average margin for Granoro has changed from 
0.80 to 0.47 (de minimis).
    In addition, Granoro alleged that the Department made a ministerial 
error with respect to the financial expense ratio (INTEX) used in the 
calculation of Granoro's antidumping duty margin. We have determined, 
in accordance with section 751(h) of Act and 19 CFR 351.224, that the 
Department did not make a ministerial error in the Final Results in the 
Department's calculation of the financial expense ratio. In the Final 
Results, the Department correctly stated that we adjusted the cost of 
goods sold denominator used to calculate the general and administrative 
(G&A) and financial expense ratios to include expenses for Granoro's 
testing of pasta. See Issues and Decision Memorandum at pages 10-11.\2\ 
However, while this adjustment changed the G&A expense ratio, the 
financial expense ratio did not change as the result of the adjustment. 
Therefore, no correction to the SAS programming was necessary with 
respect to the financial expense ratio for the final results.
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    \2\ See also Memorandum to Neal M. Halper from Ernest Z. 
Gziryan: Cost of Production and Constructed Value Calculation 
Adjustments for the Final Results--Pastificio Attilio Mastromauro--
Pasta Granoro S.r.L., dated December 14, 2010 (Final Cost 
Calculation Memo).
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    In accordance with section 751(h) of the Act, we are amending the 
final results of the antidumping duty administrative review of certain 
pasta from Italy for the period July 1, 2008, through June 30, 2009. As 
a result of correcting the ministerial errors discussed above, and in 
the company-specific memo listed above, the following margin applies:

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         Company             Final margin       Amended final margin
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Granoro..................            0.80   0.47 (de minimis).
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    The amended final results do not differ from the final results for 
Garofalo.

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, pursuant to 19 CFR 351.212(b). The Department calculated 
importer-specific duty assessment rates on the basis of the ratio of 
the total antidumping duties calculated for the examined sales to the 
total entered value of the examined sales for that importer. Where the 
assessment rate is above de minimis, we will instruct CBP to assess 
duties on all entries of subject merchandise by that importer. The 
Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after publication of these amended final 
results of review.
    The Department clarified its ``automatic assessment''' regulation 
on May 6, 2003 (68 FR 23954). This clarification applies to POR entries 
of subject merchandise produced by companies examined in this review 
(i.e., companies for which a dumping margin was calculated) where the 
companies did not know that their 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 deposit requirements will be effective upon 
publication of the amended final results of this administrative review 
for all shipments of certain pasta from Italy entered, or withdrawn 
from warehouse, for consumption on or after the publication date of 
these amended final results, as provided by section 751(a) of the Act: 
(1) For companies covered by this review, the cash deposit rate will be 
the rate listed above; (2) for previously reviewed or investigated 
companies other than those covered by this review, the cash deposit 
rate will be the company-specific rate established for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the less-than-fair-value investigation, but the 
producer is, the cash deposit rate will be the rate established for the 
most recent period for the manufacturer of the subject merchandise; and 
(4) if neither the exporter nor the producer is a firm covered in this 
review, a prior review, or the investigation, the cash deposit rate 
will be 15.45 percent, the all-others rate established in the less-
than-fair-value investigation. These deposit requirements shall remain 
in effect until further notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 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.

Administrative Protective Order

    This notice also is the only 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. 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 the terms of an APO is a sanctionable 
violation.
    These amended final results of administrative review and notice are 
issued and published in accordance with sections 751(a)(1) and (h), and 
777(i)(1) of the Act, and 19 CFR 351.224.

     Dated: January 28, 2011.
Christian Marsh,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-2614 Filed 2-4-11; 8:45 am]
BILLING CODE 3510-DS-P