Certain Pasta From Italy: Preliminary Results of the Countervailing Duty Administrative Review; 2011, 49256-49257 [2013-19617]

Download as PDF 49256 Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Notices Chang Iron & Steel Corp., Shin Yang Steel Co., Ltd., Tension Steel Industries Co., Ltd., and Yieh Phui Enterprise Co., Ltd. Petitioner requested a review of all six companies. Shin Yang Steel Co., Ltd. requested a review of itself. On July 25, 2013, Petitioner withdrew its request for an administrative review for all of the companies except Shin Yang Steel Co., Ltd. Partial Rescission The applicable regulation, 19 CFR 351.213(d)(1), states that if a party that requested an administrative review withdraws the request within 90 days of the publication of the notice of initiation of the review, the Secretary will rescind the review. Petitioner withdrew its review request with respect to five companies within the 90day deadline and, therefore, the withdrawal is timely. Accordingly, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review with respect to the following five companies: (1) Chung Hung Steel Corp.; (2) Far East Machinery Co., Ltd.; (3) Kao Hsing Chang Iron & Steel Corp.; (4) Tension Steel Industries Co., Ltd.; and (5) Yieh Phui Enterprise Co., Ltd. This review will continue with respect to Shin Yang Steel Co., Ltd. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. 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 violation which is subject to sanction. This notice is issued and published in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: August 7, 2013. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2013–19601 Filed 8–12–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Assessment Instructions [C–475–819] The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. For the companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. Certain Pasta From Italy: Preliminary Results of the Countervailing Duty Administrative Review; 2011 ehiers on DSK2VPTVN1PROD with NOTICES Notification to Importers This notice serves as a final reminder to importers for whom this review is being rescinded 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 the antidumping duties occurred and the subsequent assessment of double antidumping duties. VerDate Mar<15>2010 15:31 Aug 12, 2013 Jkt 229001 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) is conducting an administrative review of the countervailing duty order on certain pasta from Italy. The period of review (‘‘POR’’) is January 1, 2011, through December 31, 2011. We preliminarily determine that Molino e Pastificio Tomasello S.p.A. (‘‘Tomasello’’) received countervailable subsidies during the POR, and that Delverde Industrie Alimentari S.p.A. (‘‘Delverde’’) and Valdigrano di Flavio Pagani S.r.L. (‘‘Valdigrano’’) received de minimis countervailable subsidies during the POR. Interested parties are invited to comment on the preliminary results. DATES: Effective Date: August 13, 2013. FOR FURTHER INFORMATION CONTACT: Joseph Shuler or Christopher Siepmann, AD/CVD Operations, Office 1, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 telephone: (202) 482–1293 and (202) 482–7958, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order The scope of the order consists of certain pasta from Italy. The merchandise subject to the order 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 is dispositive. A full description of the scope of the order is contained in the ‘‘Decision Memorandum for Preliminary Results of Countervailing 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 August 2, 2013 (‘‘Preliminary Decision Memorandum’’), 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 http:// iaaccess.trade.gov and in the Central Records Unit (‘‘CRU’’), 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 http://www.trade.gov/ ia/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Methodology The Department has conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’). For each of the subsidy programs found 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. 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. For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. E:\FR\FM\13AUN1.SGM 13AUN1 Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Notices In making these findings, we have relied, in part, on an adverse inference in selecting from among the facts otherwise available because the Government of Italy did not act to the best of its ability to respond to the Department’s requests for information regarding certain programs. See sections 776(a) and (b) of the Act. For further discussion, see Preliminary Decision Memorandum at ‘‘Use of Facts Otherwise Available and Adverse Inferences.’’ Finally, we were not able to make a preliminary determination of countervailability for certain programs because we require further information. See Preliminary Decision Memorandum at ‘‘Programs for Which More Information is Required.’’ We intend to seek that information and address those programs in a post-preliminary analysis prior to our final results. Preliminary Results of Review ehiers on DSK2VPTVN1PROD with NOTICES In accordance with section 751(a)(1)(A) of the Act and 19 CFR 351.221(b)(4)(i), we calculated individual subsidy rates for the respondents, Delverde, Tomasello, and Valdigrano. For the period January 1, 2011, through December 31, 2011, we preliminarily find the net subsidy rates for the producers/exporters under review to be as follows: has directed CBP to assess countervailing duties on all entries between January 1, 2011, and December 31, 2011, at the rates in effect at the time of entry. Cash Deposit Requirements If the final results remain the same as these preliminary results, the Department will instruct CBP to collect cash deposits 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 in the amounts shown above, except that cash deposits at zero percent will be required for entries from Delverde and Valdigrano because their rates are de minimis. For non-reviewed companies, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent companyspecific or country-wide rate applicable to the company. These cash deposit requirements, when imposed, shall remain in effect until further notice. Disclosure and Public Comment Pursuant to 19 CFR 351.224(b), the Department will disclose to parties to this proceeding the calculations performed in connection with these preliminary results not later than ten days after the date of the public announcement of this determination. Net subsidy Producer/Exporter Interested parties may submit case rate (percent) and rebuttal briefs, and request a Delverde Industrie Alimentari hearing in accordance with 19 CFR S.p.A. ................................ .42 351.309 and 351.310. For a schedule of Molino e Pastificio Tomasello the deadlines, see Preliminary Decision S.p.A. ................................ 1.82 Memorandum. Valdigrano di Flavio Pagani Unless the deadline is extended S.r.L. .................................. .35 pursuant to section 751(a)(3)(A) of the Act, the Department will issue the final Assessment Rates results of this administrative review, If these preliminary net subsidy rates including the results of our analysis of are adopted in the final results of the the issues raised by the parties in their review, the Department will instruct comments, within 120 days after U.S. Customs and Border Protection publication of these preliminary results. (‘‘CBP’’) to assess countervailing duties We are issuing and publishing these on POR entries in the amounts shown results in accordance with sections above, except that entries of 751(a)(1) and 777(i)(1) of the Act and 19 merchandise produced and exported by CFR 351.221(b)(4). Delverde and Valdigrano will be Dated: August 2, 2013. liquidated without regard to Paul Piquado, countervailing duties because their Assistant Secretary for Import subsidies are de minimis. The Administration. Department intends to issue these assessment instructions to CBP 15 days Appendix after the date of publication of the final List of Topics Discussed in the Preliminary results of this review. Decision Memorandum For all other companies that were not Scope of the Order reviewed (except Barilla G. e R. F.lli Use of Facts Otherwise Available and S.p.A. and Gruppo Agricoltura Sana Adverse Inferences S.r.l., which are excluded from the Subsidies Valuation Information order, and Pasta Lensi S.r.l., which was Loan Benchmarks and Discount Rates revoked from the order), the Department Analysis of Programs VerDate Mar<15>2010 15:31 Aug 12, 2013 Jkt 229001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 49257 I. Programs Preliminarily Determined To Be Countervailable II. Programs Preliminarily Determined To Be Terminated III. Programs Preliminarily Determined to be Non-Countervailable IV. Programs For Which More Information Is Required V. Programs Preliminarily Found to Be Not Used or that Provided No Benefit During the POR [FR Doc. 2013–19617 Filed 8–12–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Management and Oversight of the National Estuarine Research Reserve System National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. AGENCY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before October 15, 2013. ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at JJessup@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Michael Migliori, (301) 563– 1126 or Michael.Migliori@noaa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Abstract This request is for extension of a current information collection. The Coastal Zone Management Act of 1972 (CZMA; 16 U.S.C. 1461 et seq.) provides for the designation of estuarine research reserves representative of various regions and estuarine types in the United States to provide opportunities for long-term research, education and interpretation. During the site selection and designation process, information is collected from states in E:\FR\FM\13AUN1.SGM 13AUN1

Agencies

[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Notices]
[Pages 49256-49257]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19617]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-819]


Certain Pasta From Italy: Preliminary Results of the 
Countervailing Duty Administrative Review; 2011

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting an 
administrative review of the countervailing duty order on certain pasta 
from Italy. The period of review (``POR'') is January 1, 2011, through 
December 31, 2011. We preliminarily determine that Molino e Pastificio 
Tomasello S.p.A. (``Tomasello'') received countervailable subsidies 
during the POR, and that Delverde Industrie Alimentari S.p.A. 
(``Delverde'') and Valdigrano di Flavio Pagani S.r.L. (``Valdigrano'') 
received de minimis countervailable subsidies during the POR. 
Interested parties are invited to comment on the preliminary results.

DATES: Effective Date: August 13, 2013.

FOR FURTHER INFORMATION CONTACT: Joseph Shuler or Christopher Siepmann, 
AD/CVD Operations, Office 1, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-1293 and (202) 482-7958, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The scope of the order consists of certain pasta from Italy. The 
merchandise subject to the order 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 is dispositive. A full description of the scope of the 
order is contained in the ``Decision Memorandum for Preliminary Results 
of Countervailing 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 August 2, 2013 
(``Preliminary Decision Memorandum''), 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 http://iaaccess.trade.gov and in the Central Records Unit (``CRU''), 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 http://www.trade.gov/ia/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). For 
each of the subsidy programs found 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. 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. For a full description of the methodology underlying our 
conclusions, see Preliminary Decision Memorandum.

[[Page 49257]]

    In making these findings, we have relied, in part, on an adverse 
inference in selecting from among the facts otherwise available because 
the Government of Italy did not act to the best of its ability to 
respond to the Department's requests for information regarding certain 
programs. See sections 776(a) and (b) of the Act. For further 
discussion, see Preliminary Decision Memorandum at ``Use of Facts 
Otherwise Available and Adverse Inferences.''
    Finally, we were not able to make a preliminary determination of 
countervailability for certain programs because we require further 
information. See Preliminary Decision Memorandum at ``Programs for 
Which More Information is Required.'' We intend to seek that 
information and address those programs in a post-preliminary analysis 
prior to our final results.

Preliminary Results of Review

    In accordance with section 751(a)(1)(A) of the Act and 19 CFR 
351.221(b)(4)(i), we calculated individual subsidy rates for the 
respondents, Delverde, Tomasello, and Valdigrano. For the period 
January 1, 2011, through December 31, 2011, we preliminarily find the 
net subsidy rates for the producers/exporters under review to be as 
follows:

------------------------------------------------------------------------
                                                            Net subsidy
                    Producer/Exporter                     rate (percent)
------------------------------------------------------------------------
Delverde Industrie Alimentari S.p.A.....................             .42
Molino e Pastificio Tomasello S.p.A.....................            1.82
Valdigrano di Flavio Pagani S.r.L.......................             .35
------------------------------------------------------------------------

Assessment Rates

    If these preliminary net subsidy rates are adopted in the final 
results of the review, the Department will instruct U.S. Customs and 
Border Protection (``CBP'') to assess countervailing duties on POR 
entries in the amounts shown above, except that entries of merchandise 
produced and exported by Delverde and Valdigrano will be liquidated 
without regard to countervailing duties because their subsidies are de 
minimis. The Department intends to issue these assessment instructions 
to CBP 15 days after the date of publication of the final results of 
this review.
    For all other companies that were not reviewed (except Barilla G. e 
R. F.lli S.p.A. and Gruppo Agricoltura Sana S.r.l., which are excluded 
from the order, and Pasta Lensi S.r.l., which was revoked from the 
order), the Department has directed CBP to assess countervailing duties 
on all entries between January 1, 2011, and December 31, 2011, at the 
rates in effect at the time of entry.

Cash Deposit Requirements

    If the final results remain the same as these preliminary results, 
the Department will instruct CBP to collect cash deposits 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 in the amounts shown above, except that cash deposits at 
zero percent will be required for entries from Delverde and Valdigrano 
because their rates are de minimis.
    For non-reviewed companies, we will instruct CBP to continue to 
collect cash deposits of estimated countervailing duties at the most 
recent company-specific or country-wide rate applicable to the company. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.

Disclosure and Public Comment

    Pursuant to 19 CFR 351.224(b), the Department will disclose to 
parties to this proceeding the calculations performed in connection 
with these preliminary results not later than ten days after the date 
of the public announcement of this determination.
    Interested parties may submit case and rebuttal briefs, and request 
a hearing in accordance with 19 CFR 351.309 and 351.310. For a schedule 
of the deadlines, see Preliminary Decision Memorandum.
    Unless the deadline is extended pursuant to section 751(a)(3)(A) 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 comments, within 120 days after 
publication of these preliminary results.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: August 2, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

Scope of the Order
Use of Facts Otherwise Available and Adverse Inferences
Subsidies Valuation Information
Loan Benchmarks and Discount Rates
Analysis of Programs
    I. Programs Preliminarily Determined To Be Countervailable
    II. Programs Preliminarily Determined To Be Terminated
    III. Programs Preliminarily Determined to be Non-Countervailable
    IV. Programs For Which More Information Is Required
    V. Programs Preliminarily Found to Be Not Used or that Provided 
No Benefit During the POR
[FR Doc. 2013-19617 Filed 8-12-13; 8:45 am]
BILLING CODE 3510-DS-P