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

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[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 https://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 https://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