Certain Pasta From Italy: Antidumping Duty Administrative Review; 2011-2012, 48146-48147 [2013-19102]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 78, Number 152 (Wednesday, August 7, 2013)]
[Notices]
[Pages 48146-48147]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19102]



[[Page 48146]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Antidumping Duty Administrative Review; 
2011-2012

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

SUMMARY: In response to requests from interested parties, the 
Department of Commerce (the Department) is conducting an administrative 
review of the antidumping duty order on certain pasta (pasta) from 
Italy,\1\ covering the period July 1, 2011, through June 30, 2012. The 
review covers two mandatory respondents, Pastificio Gallo Natale & 
F.lli S.r.L. (Gallo) and Rummo S.p.A. Molino e Pastificio and its 
affiliates Rummo S.p.A., Lenta Lavorazione, and Pasta Castiglioni 
(collectively, Rummo), and six non-selected companies.\2\ We 
preliminarily determine that Gallo and Rummo made sales of subject 
merchandise at less than normal value during the period of review 
(POR). Interested parties are invited to comment on these preliminary 
results.
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    \1\ 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) (AD Order).
    \2\ The non-selected companies are: Alberto Poiatti S.p.A 
(Poiatti); Delverde Industrie Alimentari S.p.A (Delverde); Fiamma 
Vesuviana S.r.L (Fiamma); Pastificio Zaffiri S.r.L (Zaffiri); Tandoi 
Filippo e Adalberto Fratelli S.p.A (Tandoi); and Valdigrano di 
Flavio Pagani S.r.L (Valdigrano). The Department is currently 
conducting a changed circumstances review of Delverde to determine 
whether Delverde is the successor-in-interest to a company that was 
excluded from the AD Order. The Department issued a partial 
rescission notice in which it rescinded this administrative review, 
in part, with respect to Industria Alimentare Colavita, S.p.A 
(Indalco) and Pasta Lensi S.r.L (Lensi). We also rescinded, in part, 
this administrative review with respect to Pastificio Attilio 
Mastromauro-Pasta Granoro S.r.L (Granoro) because this company has 
been revoked from the antidumping duty order effective prior to the 
beginning of this period of review. See Certain Pasta From Italy: 
Notice of Partial Rescission of Antidumping Duty Administrative 
Review, 78 FR 20091 (April 3, 2013).

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DATES: Effective Date: August 7, 2013.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Gallo) or George 
McMahon (Rummo), AD/CVD Operations, Office 8, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-3692 or (202) 482-1167, respectively.

Scope of the Order

    Imports covered by the order are shipments of certain non-egg dry 
pasta. The merchandise subject to review is currently classifiable 
under items 1901.90.90.95 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.\3\
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    \3\ For a full description of the scope of the order, see the 
``Decision Memorandum for the Preliminary Results of Antidumping 
Duty Administrative Review: Certain Pasta from Italy'' from 
Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Import Administration, dated concurrently with this notice 
(Preliminary Decision Memorandum).

SUPPLEMENTARY INFORMATION:

Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed 
export price or Export Price is calculated in accordance with section 
772 of the Act. Normal Value is calculated in accordance with section 
773 of the Act. For a full description of the methodology underlying 
our preliminary results, see Preliminary Decision Memorandum dated 
concurrently with this notice and hereby adopted by this notice. The 
Preliminary 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 to registered users at https://iaaccess.trade.gov, and is available to all parties in the Central 
Records Unit, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the internet at https://www.trade.gov/ia/. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins \4\ for the period July 1, 
2011, through June 30, 2012:
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    \4\ The rate applied to the non-selected companies is a 
weighted-average percentage margin calculated based on the publicly-
ranged U.S. volumes of the two reviewed companies with an 
affirmative dumping margin, for the period July 1, 2011, through 
June 30, 2012. See Memorandum to the File, titled, ``Certain Pasta 
from Italy: Margin for Respondents Not Selected for Individual 
Examination,'' from George McMahon and Stephanie Moore, Case 
Analysts, through Eric B. Greynolds, Program Manager, dated 
concurrently with this notice.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                Producer and/or exporter                      dumping
                                                              margin
                                                             (percent)
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Pastificio Gallo Natale & F.lli S.r.L...................            2.48
Rummo S.p.A. Molino e Pastificio, Rummo S.p.A., Lenta              18.82
 Lavorazione, and Pasta Castiglioni.....................
Alberto Poiatti S.p.A...................................           16.95
Delverde Industrie Alimentari S.p.A.....................           16.95
Fiamma Vesuviana S.r.L..................................           16.95
Pastificio Zaffiri S.r.L................................           16.95
Tandoi Filippo e Adalberto Fratelli S.p.A...............           16.95
Valdigrano di Flavio Pagani S.r.L.......................           16.95
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Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\5\ The 
Department will announce the briefing schedule to interested parties at 
a later date. Interested parties may submit written comments (case 
briefs) on the deadline that the Department will announce and rebuttal 
comments (rebuttal briefs) within five days after the time limit for 
filing case briefs.\6\ Pursuant to 19 CFR 351.309(d)(2), rebuttal 
briefs must be limited to issues raised in the case briefs. Parties who 
submit comments are requested to submit: (1) A statement of the issue; 
(2) a brief summary of the argument; and (3) a table of authorities. 
All briefs must be filed electronically using IA ACCESS. An 
electronically filed document must be received successfully in its 
entirety by the Department's electronic records system, IA ACCESS.
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    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(c)(1)(ii) and (d)(1).
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Import Administration, U.S. Department of Commerce, using 
Import Administration's IA ACCESS system.\7\ Requests should contain 
the party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. If a request 
for a hearing is made, we will inform parties of the scheduled date for 
the hearing which will be held at the U.S. Department of Commerce, 14th 
Street

[[Page 48147]]

and Constitution Avenue NW., Washington, DC 20230, at a time and 
location to be determined.\8\ Parties should confirm by telephone the 
date, time, and location of the hearing.
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    \7\ See 19 CFR 351.310(c).
    \8\ See 19 CFR 351.310.
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    Unless the deadline is extended pursuant to section 
751(a)(2)(B)(iv) of the Act, the Department will issue the final 
results of this administrative review, including the results of our 
analysis of the issues raised by the parties in their case briefs, 
within 120 days after issuance of these preliminary results.

Assessment Rate

    Upon issuance of the final results, the Department shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. If the 
weighted-average dumping margin for Gallo or Rummo is not zero or de 
minimis (i.e., less than 0.5 percent), we will calculate importer-
specific ad valorem antidumping duty assessment rates based on the 
ratio of the total amount of dumping calculated for the importer's 
examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific assessment rate calculated in the final 
results of this review is not zero or de minimis. Where either the 
respondent's weighted-average dumping margin is zero or de minimis, 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. The final results of this review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by the final results of this review where applicable.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by each respondent for which they 
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).
    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 751(a)(2) 
of the Act: (1) The cash deposit rate for respondents noted above will 
be the rate established in the final results of this administrative 
review; (2) for merchandise exported by manufacturers or exporters not 
covered in this administrative review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation, but the manufacturer is, 
the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the manufacturer of 
the subject merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 15.45 percent, the all-
others rate established in the antidumping investigation as modified by 
the section 129 determination.\9\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \9\ 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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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping 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 duties occurred and increase the 
subsequent assessment of the antidumping duties by the amount of 
antidumping duties reimbursed.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 30, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Background
2. Scope of the Order
3. Discussion of Methodology

[FR Doc. 2013-19102 Filed 8-6-13; 8:45 am]
BILLING CODE 3510-DS-P