Certain Pasta From Italy; Final Results of Countervailing Duty Administrative Review; 2011, 12154-12155 [2014-04747]

Download as PDF 12154 Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Notices written description of the scope of these orders is dispositive. Since these orders were published, there was one scope determination for PET film from India, dated August 25, 2003. In this determination, requested by International Packaging Films Inc., the Department determined that tracing and drafting film is outside of the scope of the order on PET film from India.5 Dated: February 25, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. We invited interested parties to file comments following the release of the Post-Preliminary Analysis. No comments were received. [FR Doc. 2014–04748 Filed 3–3–14; 8:45 am] Final Results of the Sunset Reviews [C–475–819] For the reasons expressed in the Preliminary Results, pursuant to section 751(C) of the Act, the Department determines that revocation of the antidumping orders on polyethylene terephthalate film, sheet, and strip from India and Taiwan would likely lead to a continuation or recurrence of dumping at the rates listed below: Certain Pasta From Italy; Final Results of Countervailing Duty Administrative Review; 2011 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 Preliminary Decision Memorandum. Producer or exporter Rate (percent) INDIA: Ester Industries, Limited ....... Polyplex Corporation Limited All Others .............................. TAIWAN: Nan Ya Plastics Corporation, Ltd ...................................... Shinkong Synthetic Fibers Corporation ........................ All Others .............................. 24.10 3.02 6 13.17 8.99 0.75 4.37 Notification to Interested Parties tkelley on DSK3SPTVN1PROD with NOTICES This notice also serves as the only reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of these proceedings. Timely written notification of the return or 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. We are issuing and publishing these results in accordance with sections 751(c), 752, and 777(i)(1) of the Act. 5 See Notice of Scope Rulings, 70 FR 24533 (May 10, 2005). 6 The applicable ‘‘all others’’ rate for the preliminary results of this sunset review for India was incorrectly stated as 16.96 percent in the Preliminary Results. See Preliminary Results, 78 FR at 67114. However, it was accurately stated as 13.17 percent in the accompanying Issues and Decision Memorandum. Id., and the accompanying Issues and Decision Memorandum at ‘‘Magnitude of the Margin Likely to Prevail.’’ VerDate Mar<15>2010 19:07 Mar 03, 2014 Jkt 232001 BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the ‘‘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 find that Molino e Pastificio Tomasello S.p.A. (Tomasello) received countervailable subsidies during the POR, and find 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. DATES: Effective Date: March 4, 2014. FOR FURTHER INFORMATION CONTACT: Joseph Shuler or Christopher Siepmann, AD/CVD Operations, Office I, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–1293 or (202) 482–7958, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On August 13, 2013, the Department published in the Federal Register its Preliminary Results of administrative review of the countervailing duty order on certain pasta from Italy for the POR of January 1, 2011, through December 31, 2011.1 We deferred our analysis of some programs to a post-preliminary analysis in order to gather more information regarding those programs. On December 2, 2013, the Department issued its Post-Preliminary Analysis.2 1 See Certain Pasta From Italy: Preliminary Results of the Countervailing Duty Administrative Review; 2011, 78 FR 49256 (August 13, 2013) (Preliminary Results). 2 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘PostPreliminary Analysis of Countervailing Duty PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Methodology The Department 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 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.3 In making these findings, we relied, in part, on an adverse inference in selecting from among the facts otherwise available because the Government of Italy (GOI) did not act to the best of its ability to respond to the Department’s requests for information regarding certain programs.4 For further discussion, see Preliminary Results, and accompanying Preliminary Decision Memorandum at ‘‘Use of Facts Otherwise Available and Adverse Inferences.’’ Developments Since the Preliminary Results Post-Preliminary Results Law 56/87 Delverde reported that it enjoyed reduced social security payments ‘‘pursuant to Italy’s apprenticeship laws 25/55 and 56/87 as modified by Legislative Decree 276/03.’’ 5 Law 25/55 and Legislative Decree 276/03 were previously found to be Administrative Review: Certain Pasta (‘‘Pasta’’) from Italy,’’ dated December 2, 2013 (PostPreliminary Analysis). 3 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 Results and Post-Preliminary Analysis. 4 See sections 776(a) and (b) of the Act. 5 See Letter from Delverde, ‘‘Certain Pasta from Italy: CVD Questionnaire Response of Delverde Industrie Alimentari S.p.A.’’ (November 19, 2012) at 15–17. E:\FR\FM\04MRN1.SGM 04MRN1 Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Notices noncountervailable in the Twelfth Administrative Review.6 In the instant review, we reviewed relevant excerpts of Law 56/87 provided by the GOI and, in the Post-Preliminary Analysis, we found that Law 56/87 does not, in and of itself, establish a subsidy program or provide for subsidy benefits beyond those already authorized by Law 25/55.7 Because Law 56/87 merely modifies some provisions of Law 25/55, and because Law 25/55 and Legislative Decree 276/03 were previously found to be noncountervailable, we found in the Post-Preliminary Analysis that Law 56/ 87 is similarly non-countervailable.8 No information has been submitted causing us to make a different determination. Therefore, we continue to do so for these final results. PON Program In the Preliminary Results, we stated that we intended to seek additional information from the GOI to confirm whether Tomasello received funds under Piano Operativo Nazionale (National Operating Plan) (PON Program) in the POR, and would address this program in a postpreliminary analysis. As noted in the Post-Preliminary Analysis, the GOI confirmed that Tomasello did not receive funding under this program during the POR.9 Therefore, we found that Tomasello did not use this program during the POR.10 We continue to do so for these final results. Training Grants from the Fondo Impresa While Delverde received grants from the Fondo Impresa during 2011 and 2012,11 we found that this program did not result in a measurable benefit during the POR.12 Accordingly, it was not necessary to analyze whether the program satisfies the other elements of a countervailable subsidy under section 771(5) of the Act.13 We continue to tkelley on DSK3SPTVN1PROD with NOTICES 6 See Certain Pasta from Italy: Preliminary Results of the 12th (2007) Countervailing Duty Administrative Review, 74 FR 25489, 25495–96 (May 28, 2009), unchanged in Certain Pasta from Italy: Final Results of the 12th (2007) Countervailing Duty Administrative Review, 74 FR 47204 (September 15, 2009) (collectively, ‘‘Twelfth Administrative Review). 7 See Post-Preliminary Analysis at 3. 8 Id. 9 See Letter from the GOI, ‘‘Sixteenth Administrative Review of the Countervailing Duty Order on Certain Pasta from Italy (January 1, 2011– December 31, 2011). Fourth Supplemental Questionnaire,’’ (September 6, 2013) at 11. 10 See Post-Preliminary Analysis at 3–4. 11 See Letter from Delverde, ‘‘Certain Pasta from Italy: Second Supplemental CVD Questionnaire Response of Delverde Industrie Alimentari S.p.A.’’ (June 26, 2013) at 5. 12 See Post-Preliminary Analysis at 4. 13 Id. VerDate Mar<15>2010 19:07 Mar 03, 2014 Jkt 232001 reach the same conclusion for these final results. Changes Since the Preliminary Results Law 46/82 In preliminarily calculating the benefit for this program, we did not adjust our calculation methodology to reflect the number of days of the interest payment period Tomasello reported because we were not certain that the information requested had been properly reported. However, after we issued the Preliminary Results, Tomasello confirmed that it had correctly reported the number of days between interest payments for this loan.14 We have modified the calculation to properly account for the number of days between interest payments confirmed by Tomasello, thereby changing the subsidy rate for this program from 0.12 percent to 0.13 percent.15 Final Results of Review For the period January 1, 2011, through December 31, 2011, we find the ad valorem net subsidy rate for Delverde, Tomasello, and Valdigrano to be: Producer/exporter Delverde Industrie Alimentari S.p.A.. Molino e Pastificio Tomasello S.p.A.. Valdigrano di Flavio Pagani S.r.L.. Net subsidy rate 0.42 (de minimis). 1.83 0.35 (de minimis). Assessment Rates Consistent with 19 CFR 351.212(b), the Department intends to issue assessment instructions to U.S. Customs and Border Protection (CBP) fifteen days after the date of publication of these final results. The Department will instruct CBP to assess countervailing duties on POR entries in the amounts shown above, except that entries of merchandise produced and/or exported by both Delverde and Valigrano will be liquidated without regard to countervailing duties because their subsidy rates are de minimis. Cash Deposit Instructions The Department intends to instruct CBP to collect cash deposits of estimated countervailing duties in the 14 See Letter from Tomasello, ‘‘Pasta From Italy; Tomasello supplemental questionnaire response’’ (September 6, 2013) at 1. 15 See Memorandum from Joseph Shuler, International Trade Compliance Analyst, to Nancy Decker, Program Manager, ‘‘Final Results Calculation Memorandum for Molino e Pastificio Tomasello S.p.A.,’’ dated concurrently with the signature of this notice. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 12155 amounts shown above on shipments of the subject merchandise entered or withdrawn from warehouse for consumption on or after the date of publication of these final results in the amounts shown above, except that cash deposits of zero percent will be required for entries from Delverde and Valdigrano because their subsidy rates are de minimis. For all non-reviewed firms (except Barilla G. e R. F.lli S.p.A. and Gruppo Agricoltura Sana S.r.l., which are excluded from the order,16 and Pasta Lensi S.r.l. which was revoked from the order),17 we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or allothers rate applicable to the company. These cash deposit requirements shall remain in effect until further notice. Administrative Protective Order This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or 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. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: February 25, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–04747 Filed 3–3–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XD109 Atlantic Highly Migratory Species; Atlantic Shark Management Measures; 2014 Research Fishery National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: 16 See Notice of Countervailing Duty Order and Amended Final Affirmative Countervailing Duty Determination: Certain Pasta (‘‘Pasta’’) From Italy, 61 FR 38544, 38545 (July 24, 1996). 17 See Certain Pasta from Italy: Final Results of the Ninth Countervailing Duty Administrative Review and Notice of Revocation of Order, in Part, 71 FR 36318, 36319–36320 (June 26, 2006). E:\FR\FM\04MRN1.SGM 04MRN1

Agencies

[Federal Register Volume 79, Number 42 (Tuesday, March 4, 2014)]
[Notices]
[Pages 12154-12155]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04747]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-819]


Certain Pasta From Italy; Final Results of Countervailing Duty 
Administrative Review; 2011

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (the ``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 find that Molino e Pastificio Tomasello S.p.A. 
(Tomasello) received countervailable subsidies during the POR, and find 
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.

DATES: Effective Date: March 4, 2014.

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

SUPPLEMENTARY INFORMATION: 

Background

    On August 13, 2013, the Department published in the Federal 
Register its Preliminary Results of administrative review of the 
countervailing duty order on certain pasta from Italy for the POR of 
January 1, 2011, through December 31, 2011.\1\ We deferred our analysis 
of some programs to a post-preliminary analysis in order to gather more 
information regarding those programs. On December 2, 2013, the 
Department issued its Post-Preliminary Analysis.\2\
---------------------------------------------------------------------------

    \1\ See Certain Pasta From Italy: Preliminary Results of the 
Countervailing Duty Administrative Review; 2011, 78 FR 49256 (August 
13, 2013) (Preliminary Results).
    \2\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Post-Preliminary Analysis of 
Countervailing Duty Administrative Review: Certain Pasta (``Pasta'') 
from Italy,'' dated December 2, 2013 (Post-Preliminary Analysis).
---------------------------------------------------------------------------

    We invited interested parties to file comments following the 
release of the Post-Preliminary Analysis. No comments were received.

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 Preliminary Decision Memorandum.

Methodology

    The Department 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 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.\3\ In making these findings, we relied, in part, on an 
adverse inference in selecting from among the facts otherwise available 
because the Government of Italy (GOI) did not act to the best of its 
ability to respond to the Department's requests for information 
regarding certain programs.\4\ For further discussion, see Preliminary 
Results, and accompanying Preliminary Decision Memorandum at ``Use of 
Facts Otherwise Available and Adverse Inferences.''
---------------------------------------------------------------------------

    \3\ 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 Results and Post-Preliminary Analysis.
    \4\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Developments Since the Preliminary Results

Post-Preliminary Results

Law 56/87
    Delverde reported that it enjoyed reduced social security payments 
``pursuant to Italy's apprenticeship laws 25/55 and 56/87 as modified 
by Legislative Decree 276/03.'' \5\ Law 25/55 and Legislative Decree 
276/03 were previously found to be

[[Page 12155]]

noncountervailable in the Twelfth Administrative Review.\6\ In the 
instant review, we reviewed relevant excerpts of Law 56/87 provided by 
the GOI and, in the Post-Preliminary Analysis, we found that Law 56/87 
does not, in and of itself, establish a subsidy program or provide for 
subsidy benefits beyond those already authorized by Law 25/55.\7\ 
Because Law 56/87 merely modifies some provisions of Law 25/55, and 
because Law 25/55 and Legislative Decree 276/03 were previously found 
to be noncountervailable, we found in the Post-Preliminary Analysis 
that Law 56/87 is similarly non-countervailable.\8\ No information has 
been submitted causing us to make a different determination. Therefore, 
we continue to do so for these final results.
---------------------------------------------------------------------------

    \5\ See Letter from Delverde, ``Certain Pasta from Italy: CVD 
Questionnaire Response of Delverde Industrie Alimentari S.p.A.'' 
(November 19, 2012) at 15-17.
    \6\ See Certain Pasta from Italy: Preliminary Results of the 
12th (2007) Countervailing Duty Administrative Review, 74 FR 25489, 
25495-96 (May 28, 2009), unchanged in Certain Pasta from Italy: 
Final Results of the 12th (2007) Countervailing Duty Administrative 
Review, 74 FR 47204 (September 15, 2009) (collectively, ``Twelfth 
Administrative Review).
    \7\ See Post-Preliminary Analysis at 3.
    \8\ Id.
---------------------------------------------------------------------------

PON Program
    In the Preliminary Results, we stated that we intended to seek 
additional information from the GOI to confirm whether Tomasello 
received funds under Piano Operativo Nazionale (National Operating 
Plan) (PON Program) in the POR, and would address this program in a 
post-preliminary analysis. As noted in the Post-Preliminary Analysis, 
the GOI confirmed that Tomasello did not receive funding under this 
program during the POR.\9\ Therefore, we found that Tomasello did not 
use this program during the POR.\10\ We continue to do so for these 
final results.
---------------------------------------------------------------------------

    \9\ See Letter from the GOI, ``Sixteenth Administrative Review 
of the Countervailing Duty Order on Certain Pasta from Italy 
(January 1, 2011-December 31, 2011). Fourth Supplemental 
Questionnaire,'' (September 6, 2013) at 11.
    \10\ See Post-Preliminary Analysis at 3-4.
---------------------------------------------------------------------------

Training Grants from the Fondo Impresa
    While Delverde received grants from the Fondo Impresa during 2011 
and 2012,\11\ we found that this program did not result in a measurable 
benefit during the POR.\12\ Accordingly, it was not necessary to 
analyze whether the program satisfies the other elements of a 
countervailable subsidy under section 771(5) of the Act.\13\ We 
continue to reach the same conclusion for these final results.
---------------------------------------------------------------------------

    \11\ See Letter from Delverde, ``Certain Pasta from Italy: 
Second Supplemental CVD Questionnaire Response of Delverde Industrie 
Alimentari S.p.A.'' (June 26, 2013) at 5.
    \12\ See Post-Preliminary Analysis at 4.
    \13\ Id.
---------------------------------------------------------------------------

Changes Since the Preliminary Results
Law 46/82
    In preliminarily calculating the benefit for this program, we did 
not adjust our calculation methodology to reflect the number of days of 
the interest payment period Tomasello reported because we were not 
certain that the information requested had been properly reported. 
However, after we issued the Preliminary Results, Tomasello confirmed 
that it had correctly reported the number of days between interest 
payments for this loan.\14\ We have modified the calculation to 
properly account for the number of days between interest payments 
confirmed by Tomasello, thereby changing the subsidy rate for this 
program from 0.12 percent to 0.13 percent.\15\
---------------------------------------------------------------------------

    \14\ See Letter from Tomasello, ``Pasta From Italy; Tomasello 
supplemental questionnaire response'' (September 6, 2013) at 1.
    \15\ See Memorandum from Joseph Shuler, International Trade 
Compliance Analyst, to Nancy Decker, Program Manager, ``Final 
Results Calculation Memorandum for Molino e Pastificio Tomasello 
S.p.A.,'' dated concurrently with the signature of this notice.
---------------------------------------------------------------------------

Final Results of Review

    For the period January 1, 2011, through December 31, 2011, we find 
the ad valorem net subsidy rate for Delverde, Tomasello, and Valdigrano 
to be:

------------------------------------------------------------------------
           Producer/exporter                    Net subsidy rate
------------------------------------------------------------------------
Delverde Industrie Alimentari S.p.A...  0.42 (de minimis).
Molino e Pastificio Tomasello S.p.A...  1.83
Valdigrano di Flavio Pagani S.r.L.....  0.35 (de minimis).
------------------------------------------------------------------------

Assessment Rates

    Consistent with 19 CFR 351.212(b), the Department intends to issue 
assessment instructions to U.S. Customs and Border Protection (CBP) 
fifteen days after the date of publication of these final results. The 
Department will instruct CBP to assess countervailing duties on POR 
entries in the amounts shown above, except that entries of merchandise 
produced and/or exported by both Delverde and Valigrano will be 
liquidated without regard to countervailing duties because their 
subsidy rates are de minimis.

Cash Deposit Instructions

    The Department intends to instruct CBP to collect cash deposits of 
estimated countervailing duties in the amounts shown above on shipments 
of the subject merchandise entered or withdrawn from warehouse for 
consumption on or after the date of publication of these final results 
in the amounts shown above, except that cash deposits of zero percent 
will be required for entries from Delverde and Valdigrano because their 
subsidy rates are de minimis.
    For all non-reviewed firms (except Barilla G. e R. F.lli S.p.A. and 
Gruppo Agricoltura Sana S.r.l., which are excluded from the order,\16\ 
and Pasta Lensi S.r.l. which was revoked from the order),\17\ we will 
instruct CBP to continue to collect cash deposits of estimated 
countervailing duties at the most recent company-specific or all-others 
rate applicable to the company.
---------------------------------------------------------------------------

    \16\ See Notice of Countervailing Duty Order and Amended Final 
Affirmative Countervailing Duty Determination: Certain Pasta 
(``Pasta'') From Italy, 61 FR 38544, 38545 (July 24, 1996).
    \17\ See Certain Pasta from Italy: Final Results of the Ninth 
Countervailing Duty Administrative Review and Notice of Revocation 
of Order, in Part, 71 FR 36318, 36319-36320 (June 26, 2006).
---------------------------------------------------------------------------

    These cash deposit requirements shall remain in effect until 
further notice.

Administrative Protective Order

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or 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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: February 25, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-04747 Filed 3-3-14; 8:45 am]
BILLING CODE 3510-DS-P

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