Certain Pasta From Italy: Notice of Final Results of the Fourteenth Antidumping Duty Administrative Review, 76937-76939 [2011-31676]

Download as PDF Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Notices comments submitted in response to this notice will be a matter of public record and will be available for public inspection and copying. The Office of Administration, Bureau of Industry and Security, U.S. Department of Commerce, displays public comments on the BIS Freedom of Information Act (FOIA) Web site at https://www.bis.doc.gov/foia. This office does not maintain a separate public inspection facility. If you have technical difficulties accessing this Web site, please call BIS’s Office of Administration, at (202) 482–1093, for assistance. Dated: December 5, 2011. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2011–31690 Filed 12–8–11; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Emerging Technology and Research Advisory Committee; Notice of Partially Closed Meeting—Room Change The Emerging Technology and Research Advisory Committee (ETRAC) will meet on December 14, 8:30 a.m., Room 3884 and December 15, 2011, 8:30 a.m., Room 6087B, at the Herbert C. Hoover Building, 14th Street between Pennsylvania and Constitution Avenues NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration on emerging technology and research activities, including those related to deemed exports. Agenda Wednesday, December 14 Closed Session: 8:30 a.m.–5 p.m. 1. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 10(a)(1) and l0(a)(3). srobinson on DSK4SPTVN1PROD with NOTICES Thursday, December 15 Open Session: 8:30 a.m.–3:30 p.m. 1. ETRAC Member Discussion Emerging Technology Analysis; and Impact of Export Controls on the conduct of U.S. science and technology activities in the United States. 2. Public Comments. The open sessions will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at VerDate Mar<15>2010 18:35 Dec 08, 2011 Jkt 226001 Yvette.Springer@bis.doc.gov no later than December 7, 2011. A limited number of seats will be available for the public session. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate the distribution of public presentation materials to the Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on November 21, 2011, pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended, that the portion of the meeting dealing with matters which would be likely to frustrate significantly implementation of a proposed agency action as described in 5 U.S.C. 552b(c)(9)(B) shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 10(a)1 and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information, call Yvette Springer at (202) 482–2813. Dated: December 5, 2011. Yvette Springer, Committee Liaison Officer. [FR Doc. 2011–31585 Filed 12–8–11; 8:45 am] BILLING CODE 3510–JT–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–818] Certain Pasta From Italy: Notice of Final Results of the Fourteenth Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 8, 2011, the Department of Commerce (the Department) published the preliminary results of the fourteenth administrative review for the antidumping duty order on certain pasta from Italy.1 The review covers two manufacturers/exporters and 11 non-selected companies. Pastificio Lucio Garofalo S.p.A. (‘‘Garofalo’’) and Molino e Pastificio Tomasello S.p.A. 76937 (‘‘Tomasello’’) were selected as mandatory respondents.2 The period of review (‘‘POR’’) is July 1, 2009, through June 30, 2010. As a result of our analysis of the comments received, the final results remain unchanged from the preliminary results for Garofalo and Tomasello. 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 9, 2011. FOR FURTHER INFORMATION CONTACT: Joy Zhang (Tomasello) or George McMahon (Garofalo) 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) 482–1168 or (202) 482–1167, respectively. SUPPLEMENTARY INFORMATION: Background On August 8, 2011, the Department published the preliminary results of the fourteenth administrative review of the antidumping duty order on certain pasta from Italy. On September 7, 2011, Petitioners 3 and Garofalo submitted a case brief. On September 12, 2011, Petitioners submitted a rebuttal brief. On September 14, 2011, Tomasello submitted a rebuttal brief.4 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. AGENCY: 1 See Certain Pasta from Italy: Notice of Preliminary Results of Antidumping Duty Administrative Review, 76 FR 48125 (August 8, 2011) (‘‘Preliminary Results’’). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 2 As a result of withdrawals of request for review, we rescinded this review, in part, with respect to Pastificio Di Martino Gaetano & F.lli SpA (‘‘Di Martino’’), Pastificio Felicetti SrL (‘‘Felicetti’’), and Pasta Zara SpA (‘‘Zara’’). See Certain Pasta from Italy: Notice of Partial Rescission of Antidumping Duty Administrative Review, 76 FR 23973 (April 29, 2011). 3 Petitioners are New World Pasta Company, Dakota Growers Pasta Company, and American Italian Pasta Company. 4 Tomasello submitted an untimely rebuttal brief. Based on Tomasello’s explanation of the circumstances regarding its late filing and its request for acceptance of this brief, the Department extended the deadline and accepted Tomasello’s rebuttal brief for these final results. See Letter from Melissa G. Skinner, Director, Office 3, to David L. Simon, counsel for Tomasello, dated September 16, 2011. E:\FR\FM\09DEN1.SGM 09DEN1 76938 Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Notices 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 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. srobinson on DSK4SPTVN1PROD with NOTICES 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 for the Final Results of the Fourteenth Administrative Review of the Antidumping Duty Order on Certain Pasta from Italy (2009–2010)’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, (‘‘Issues and Decision Memorandum’’), dated concurrently 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. The Issues and Decision Memorandum is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available in the Central Records Unit, main Commerce Building, Room 7046. 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/. The signed Issues and Decision Memorandum and electronic version of the Issues and VerDate Mar<15>2010 18:35 Dec 08, 2011 Jkt 226001 Decision Memorandum are identical in content. all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), the Department calculates an assessment rate for each Changes Since the Preliminary Results importer of the subject merchandise for each respondent. Upon issuance of the Garofalo final results of this administrative Regarding Garofalo, based on our review, if any importer-specific analysis of the comments received, we have made no changes in calculating the assessment rates calculated in the final results are above de minimis (i.e., at or dumping margin. Garofalo submitted a above 0.5 percent), the Department will comment in its case brief regarding the issue appraisement instructions directly Department’s draft liquidation to CBP to assess antidumping duties on instructions. Based on our analysis of appropriate entries. this comment, we find that, because the To determine whether the duty particular importer-specific rate assessment rates covering the period referenced by Garofalo in its case brief were de minimis, in accordance with is a de minimis rate, the Department has the requirement set forth in 19 CFR revised its liquidation instructions for 351.106(c)(2), for each respondent we this certain importer-specific rate to calculated importer (or customer)instruct U.S. Customs and Border specific ad valorem rates by aggregating Protection (‘‘CBP’’) to liquidate at a rate the dumping margins calculated for all of zero percent. See Issues and Decision U.S. sales to that importer or customer Memorandum at Comment 2. and dividing this amount by the total Regarding Tomasello, based on our entered value of the sales to that analysis of the comments received, we importer (or customer). Where an have made no changes in calculating the importer (or customer)-specific ad dumping margin. See Issues and valorem rate is greater than de minimis, Decision Memorandum at Comment 3. and the respondent has reported reliable entered values, we apply the assessment Final Results of Review rate to the entered value of the We determine that the following importer’s/customer’s entries during the weighted-average margins exist for the review period. Where an importer (or period July 1, 2009, through June 30, customer)-specific ad valorem rate is 2010: greater than de minimis and we do not have reliable entered values, we Margin Manufacturer/exporter calculate a per-unit assessment rate by (percent) aggregating the dumping duties due for Garofalo .................................... 3.20 all U.S. sales to each importer (or Tomasello ................................. 4.18 customer) and dividing this amount by Review-Specific Average Rate 5 the total quantity sold to that importer Applicable to the Following (or customer). Companies: ........................... 3.57 The Department clarified its Agritalia, Erasmo, Indalco, ‘‘automatic assessment’’ regulation on Labor, PAM, P.A.P., Afeltra, May 6, 2003. See Antidumping and Fabianelli, Riscossa, Countervailing Duty Proceedings: 6. Rummo, and Rustichella Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This Duty Assessment clarification will apply to entries of The Department shall determine and subject merchandise during the POR CBP shall assess antidumping duties on produced by the respondent for which it did not know its merchandise was 5 This rate is a weighted-average percentage destined for the United States. In such margin (calculated based on the publicly ranged instances, we will instruct CBP to U.S. values of the two reviewed companies with an liquidate unreviewed entries at the allaffirmative dumping margin) for the period July 1, others rate if there is no rate for the 2009, through June 30, 2010. See Memorandum to the File, titled, ‘‘Pasta from Italy: Margin for intermediate company(ies) involved in Respondents Not Selected for Individual the transaction. For a full discussion of Examination,’’ from Joy Zhang and George this clarification, see Antidumping and McMahon, Case Analysts, through James Terpstra, Countervailing Duty Proceedings Program Manager, dated August 1, 2011. 6 The non-selected companies are: Agritalia S.r.L. Assessment of Antidumping Duties, 68 (‘‘Agritalia’’), Domenico Paone fu Erasmo S.p.A. FR 23954 (May 6, 2003). (‘‘Erasmo’’), Industria Alimentare Colavita, S.p.A. (‘‘Indalco’’), Labor S.r.L. (‘‘Labor’’), PAM S.p.A. and its affiliate, Liguori Pastificio dal 1820 SpA (‘‘PAM’’), P.A.P. SNC Di Pazienza G.B. & C. (‘‘P.A.P’’), Premiato Pastificio Afeltra S.r.L. (‘‘Afeltra’’), Pastificio Fabianelli S.p.A. (‘‘Fabianelli’’), Pastificio Riscossa F.lli Mastromauro S.p.A. (‘‘Riscossa’’), Rummo S.p.A. Molino e Pastificio (‘‘Rummo’’), and Rustichella d’Abruzzo S.p.A (‘‘Rustichella’’). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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 E:\FR\FM\09DEN1.SGM 09DEN1 Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Notices 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) The cash deposit rate for companies subject to this review will be the rate established in the final results of this review, except if the rate is less than 0.5 percent and, therefore, de minimis, no cash deposit will be required; (2) if the exporter is not a firm covered in this review, but was covered in a previous review or the original less-than-fairvalue (‘‘LTFV’’) investigation, the cash deposit rate will continue to 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 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 (4) 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. srobinson on DSK4SPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 18:35 Dec 08, 2011 Jkt 226001 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 2, 2011. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix I List of Comments in the Issues and Decision Memorandum Comment 1: Whether to use Zeroing Methodology in this Administrative Review for Garofalo Comment 2: Whether the Department Should Modify its Liquidation Instructions to U.S. Customs and Border Protection regarding Garofalo Comment 3: Whether the Department Should Include Certain Capitalized Labor Costs in its Calculation of Tomasello’s Cost of Production [FR Doc. 2011–31676 Filed 12–8–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–501] Certain Welded Carbon Steel Pipe and Tube From Turkey: Notice of Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, U.S. Department of Commerce. SUMMARY: On June 8, 2011, the Department of Commerce (‘‘the Department’’) published the preliminary results of the antidumping duty administrative review of certain welded carbon steel pipe and tube from Turkey. The administrative review covers the Borusan Group 1 and Toscelik,2 producers and exporters of the subject merchandise. The period of review (‘‘POR’’) is May 1, 2009, through April 30, 2010. Based on our analysis of the comments received, we have made certain changes in the margin calculations. The final results, consequently, differ from the preliminary results. The final weightedAGENCY: 1 The Borusan Group includes Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Borusan Birlesik Boru Fabrikalari San ve Tic., Borusan Istikbal Ticaret T.A.S., Boruson Holding A.S., Boruson Gemlik Boru Tesisleri A.S., Borusan Ihracat Ithalat ve Dagitim A.S., and Borusan Ithicat ve Dagitim A.S. (collectively, ‘‘Borusan’’). 2 Toscelik Profil ve Sac Endustrisi A.S., Toscelik Metal Ticaret A.S., and Tosyali Dis Ticaret A.S. (collectively, ‘‘Toscelik’’). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 76939 average dumping margins for the reviewed firms are listed below in the section entitled ‘‘Final Results of Review.’’ DATES: Effective Date: December 9, 2011. FOR FURTHER INFORMATION CONTACT: Dennis McClure or Victoria Cho, at (202) 482–5973 or (202) 482–5075, respectively; AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On June 8, 2011, the Department published in the Federal Register the preliminary results of the antidumping duty administrative view of certain welded carbon steel pipe and tube from Turkey. See Certain Welded Carbon Steel Pipe and Tube from Turkey; Notice of Preliminary Results of Antidumping Duty Administrative Review, 76 FR 33204 (June 8, 2011) (‘‘Preliminary Results’’). We invited interested parties to comment on our preliminary results. We received case briefs from Toscelik, Borusan, and U.S. Steel Corporation (‘‘U.S. Steel’’), on July 7, 2011, July 22, 2011, and July 22, 2011, respectively. On August 2, 2011, we received rebuttal briefs from Borusan, U.S. Steel, and Allied Tube and Conduit Corporation and TMK IPSCO (collectively, ‘‘Allied Tube and TMK’’).3 The Department has conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (‘‘the Act’’). Period of Review The POR covered by this review is May 1, 2009, through April 30, 2010. Scope of the Order The products covered by this order include circular welded non-alloy steel pipes and tubes, of circular crosssection, not more than 406.4 millimeters (16 inches) in outside diameter, regardless of wall thickness, surface finish (black, galvanized, or painted), or end finish (plain end, beveled end, threaded and coupled). Those pipes and tubes are generally known as standard pipe, though they may also be called structural or mechanical tubing in certain applications. Standard pipes and tubes are intended for the low pressure conveyance of water, steam, natural gas, air, and other liquids and gases in 3 U.S. Steel and Allied Tube and TMK are petitioners in this administrative review. E:\FR\FM\09DEN1.SGM 09DEN1

Agencies

[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Notices]
[Pages 76937-76939]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31676]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


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

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

SUMMARY: On August 8, 2011, the Department of Commerce (the Department) 
published the preliminary results of the fourteenth administrative 
review for the antidumping duty order on certain pasta from Italy.\1\ 
The review covers two manufacturers/exporters and 11 non-selected 
companies. Pastificio Lucio Garofalo S.p.A. (``Garofalo'') and Molino e 
Pastificio Tomasello S.p.A. (``Tomasello'') were selected as mandatory 
respondents.\2\ The period of review (``POR'') is July 1, 2009, through 
June 30, 2010.
---------------------------------------------------------------------------

    \1\ See Certain Pasta from Italy: Notice of Preliminary Results 
of Antidumping Duty Administrative Review, 76 FR 48125 (August 8, 
2011) (``Preliminary Results'').
    \2\ As a result of withdrawals of request for review, we 
rescinded this review, in part, with respect to Pastificio Di 
Martino Gaetano & F.lli SpA (``Di Martino''), Pastificio Felicetti 
SrL (``Felicetti''), and Pasta Zara SpA (``Zara''). See Certain 
Pasta from Italy: Notice of Partial Rescission of Antidumping Duty 
Administrative Review, 76 FR 23973 (April 29, 2011).
---------------------------------------------------------------------------

    As a result of our analysis of the comments received, the final 
results remain unchanged from the preliminary results for Garofalo and 
Tomasello. 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 9, 2011.

FOR FURTHER INFORMATION CONTACT: Joy Zhang (Tomasello) or George 
McMahon (Garofalo) 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) 482-1168 or (202) 482-1167, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 8, 2011, the Department published the preliminary results 
of the fourteenth administrative review of the antidumping duty order 
on certain pasta from Italy. On September 7, 2011, Petitioners \3\ and 
Garofalo submitted a case brief. On September 12, 2011, Petitioners 
submitted a rebuttal brief. On September 14, 2011, Tomasello submitted 
a rebuttal brief.\4\
---------------------------------------------------------------------------

    \3\ Petitioners are New World Pasta Company, Dakota Growers 
Pasta Company, and American Italian Pasta Company.
    \4\ Tomasello submitted an untimely rebuttal brief. Based on 
Tomasello's explanation of the circumstances regarding its late 
filing and its request for acceptance of this brief, the Department 
extended the deadline and accepted Tomasello's rebuttal brief for 
these final results. See Letter from Melissa G. Skinner, Director, 
Office 3, to David L. Simon, counsel for Tomasello, dated September 
16, 2011.
---------------------------------------------------------------------------

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.

[[Page 76938]]

    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 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.

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 for the Final Results of the Fourteenth Administrative 
Review of the Antidumping Duty Order on Certain Pasta from Italy (2009-
2010)'' from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, 
Acting Assistant Secretary for Import Administration, (``Issues and 
Decision Memorandum''), dated concurrently 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. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Import Administration's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is 
available in the Central Records Unit, main Commerce Building, Room 
7046. 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/. The signed Issues and Decision Memorandum 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 have made no changes in calculating the dumping margin. Garofalo 
submitted a comment in its case brief regarding the Department's draft 
liquidation instructions. Based on our analysis of this comment, we 
find that, because the particular importer-specific rate referenced by 
Garofalo in its case brief is a de minimis rate, the Department has 
revised its liquidation instructions for this certain importer-specific 
rate to instruct U.S. Customs and Border Protection (``CBP'') to 
liquidate at a rate of zero percent. See Issues and Decision Memorandum 
at Comment 2.
    Regarding Tomasello, based on our analysis of the comments 
received, we have made no changes in calculating the dumping margin. 
See Issues and Decision Memorandum at Comment 3.

Final Results of Review

    We determine that the following weighted-average margins exist for 
the period July 1, 2009, through June 30, 2010:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Garofalo...................................................         3.20
Tomasello..................................................         4.18
Review-Specific Average Rate \5\ Applicable to the                  3.57
 Following Companies:......................................
Agritalia, Erasmo, Indalco, Labor, PAM, P.A.P., Afeltra,
 Fabianelli, Riscossa, Rummo, and Rustichella \6\..........
------------------------------------------------------------------------

Duty Assessment

    The Department shall determine and CBP shall assess antidumping 
duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), 
the Department 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.
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    \5\ This rate is a weighted-average percentage margin 
(calculated based on the publicly ranged U.S. values of the two 
reviewed companies with an affirmative dumping margin) for the 
period July 1, 2009, through June 30, 2010. See Memorandum to the 
File, titled, ``Pasta from Italy: Margin for Respondents Not 
Selected for Individual Examination,'' from Joy Zhang and George 
McMahon, Case Analysts, through James Terpstra, Program Manager, 
dated August 1, 2011.
    \6\ The non-selected companies are: Agritalia S.r.L. 
(``Agritalia''), Domenico Paone fu Erasmo S.p.A. (``Erasmo''), 
Industria Alimentare Colavita, S.p.A. (``Indalco''), Labor S.r.L. 
(``Labor''), PAM S.p.A. and its affiliate, Liguori Pastificio dal 
1820 SpA (``PAM''), P.A.P. SNC Di Pazienza G.B. & C. (``P.A.P''), 
Premiato Pastificio Afeltra S.r.L. (``Afeltra''), Pastificio 
Fabianelli S.p.A. (``Fabianelli''), Pastificio Riscossa F.lli 
Mastromauro S.p.A. (``Riscossa''), Rummo S.p.A. Molino e Pastificio 
(``Rummo''), and Rustichella d'Abruzzo S.p.A (``Rustichella'').
---------------------------------------------------------------------------

    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

[[Page 76939]]

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) The cash deposit rate for companies subject to this 
review will be the rate established in the final results of this 
review, except if the rate is less than 0.5 percent and, therefore, de 
minimis, no cash deposit will be required; (2) 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; (3) 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 (4) 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 2, 2011.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I

List of Comments in the Issues and Decision Memorandum

Comment 1: Whether to use Zeroing Methodology in this Administrative 
Review for Garofalo
Comment 2: Whether the Department Should Modify its Liquidation 
Instructions to U.S. Customs and Border Protection regarding 
Garofalo
Comment 3: Whether the Department Should Include Certain Capitalized 
Labor Costs in its Calculation of Tomasello's Cost of Production

[FR Doc. 2011-31676 Filed 12-8-11; 8:45 am]
BILLING CODE 3510-DS-P
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