Certain Pasta From Italy: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission; 2012-2013, 50614-50616 [2014-20152]
Download as PDF
<![CDATA[
50614
Notices
Federal Register
Vol. 79, No. 164
Monday, August 25, 2014
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No.: AMS–DA–14–0065]
Request for an Extension Without
Change to a Currently Approved
Information Collection
Agricultural Marketing Service,
USDA.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), this notice
announces the Agricultural Marketing
Service’s (AMS) intention to request
approval from the Office of Management
and Budget, for an extension without
change to a currently approved
information collection for the
Regulations Governing the Inspection
and Grading of Manufactured or
Processed Dairy Products—
Recordkeeping (Subpart B).
DATES: Comments received by October
24, 2014 will be considered.
Additional Information or Comments:
Comments can be submitted via mail to
Diane D. Lewis, Director, Dairy Grading
and Standardization Division, Dairy
Programs, Agricultural Marketing
Service, U.S. Department of Agriculture,
Room 2747–South Building, 1400
Independence Avenue SW.,
Washington, DC 20250–0230;
Telephone: 202–690–0530, Fax: 202–
720–2643, Diane.Lewis@ams.usda.gov,
or online at www.regulations.gov.
SUPPLEMENTARY INFORMATION:
Title: Regulations Governing the
Inspection and Grading of Manufactured
or Processed Dairy Products—Record
Keeping (Subpart B).
OMB Number: 0581–0110.
Expiration Date of Approval: March
31, 2015.
Type of Request: Extension without
change to a currently approved
information collection.
emcdonald on DSK67QTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:31 Aug 22, 2014
Jkt 232001
Abstract: The Agricultural Marketing
Act (AMA) of 1946 (7 U.S.C. 1621 et
seq.) directs the Department to develop
programs which will provide for and
facilitate the marketing of agricultural
products. One of these programs is the
USDA voluntary inspection and grading
program for dairy products (7 CFR Part
58) where these dairy products are
graded according to U.S. grade
standards by a USDA grader. The dairy
products under the dairy program may
be identified with the USDA grade
mark. Dairy processors, buyers, retailers,
institutional users, and consumers have
requested that such a program be
developed to assure the uniform quality
of dairy products purchased. In order
for any service program to perform
satisfactorily, there are regulations for
the provider and user. For these reasons,
the dairy inspection and grading
program regulations were developed
and issued under the authority of the
Act. These regulations are essential to
administer the program to meet the
needs of the user and to carry out the
purposes of the Act.
The information collection
requirements in this request are
essential to carry out the intent of the
AMA to ensure that dairy products are
produced under sanitary conditions and
buyers are purchasing a quality product.
In order for the General Specifications
for Dairy Plants Approved for USDA
Inspection and Grading Service to serve
the government, industry, and the
consumer, laboratory test results must
be recorded.
Respondents are not required to
submit information to the agency. The
records are to be evaluated by a USDA
inspector at the time of an inspection.
These records include quality tests of
each producer, plant records of required
tests and analysis, and starter and
cheese make records. As an offsetting
benefit, the records required by USDA
are also records that are routinely used
by the inspected facility for their own
supervisory and quality control
purposes.
Estimate of Burden: Public
recordkeeping burden for this collection
of information is estimated to average
2.85 hours per response.
Respondents: Dairy products
manufacturing facilities.
Estimated Number of Respondents:
487.
Estimated Number of Annual
Responses: 487.
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
Estimated Number of Responses per
Respondent: 1.
Estimated Total Annual Burden on
Respondents: 1388.
Comments are invited on: (1) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information will have
practical utility; (2) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information
including the validity of the
methodology and assumptions used; (3)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on those who are to respond, including
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
Comments may be sent to Diane D.
Lewis, 1400 Independence Avenue SW.,
Room 2747–South, Washington, DC
20250–0230. All comments received
will be available for public inspection
during regular business hours at the
same address.
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
become a matter of public record.
Dated: August 20, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–20120 Filed 8–22–14; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta From Italy: Preliminary
Results of Antidumping Duty
Administrative Review and Partial
Rescission; 2012–2013
Enforcement and Compliance,
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
AGENCY:
E:\FR\FM\25AUN1.SGM
25AUN1
50615
Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Notices
pasta (pasta) from Italy,1 covering the
period July 1, 2012, through June 30,
2013. The review covers 10 companies,
two of which are mandatory
respondents: Rummo S.p.A. Molino e
Pastificio and its two affiliates (Rummo
S.p.A., Lenta Lavorazione, and Pasta
Castiglioni) (collectively, the Rummo
Group), and Molino e Pastificio
Tomasello S.p.A. (Tomasello). The
remaining eight companies were not
selected for individual examination.2
We preliminarily determine that the
Rummo Group made sales of subject
merchandise at less than normal value
during the period of review (POR), and
that Tomasello did not.
In addition, as noted below, we are
rescinding the review of Alica and
Lensi. Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: August 25, 2014.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore (Tomasello) or Cindy
Robinson (the Rummo Group), AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3692 or (202) 482–
3797, 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
Partial Rescission of the 2012–2013
Administrative Review
emcdonald on DSK67QTVN1PROD with NOTICES
On November 26, 2013, and December
10, 2013, respectively, Lensi and Alica
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).
2 The eight companies are: Alica srl (Alica); Dalla
Costa Alimentare srl; Delverde Industrie Alimentari
S.p.A.; Ghigi Industria Agroalimentare in San
Clemente srl; Pasta Lensi S.r.l (Lensi); Pasta Zara
S.p.A.; Pastificio Toscano srl; Valdigrano di Flavio
Pagani S.r.L.
3 For a full description of the scope of the order,
see the ‘‘Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative
Review and Partial Rescission: Certain Pasta from
Italy; 2012–2013’’ from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, dated concurrently
with this notice (Preliminary Decision
Memorandum).
VerDate Mar<15>2010
17:31 Aug 22, 2014
Jkt 232001
timely withdrew their requests for the
2012–2013 administrative review.4 In
accordance with 19 CFR 351.213(d)(1),5
and consistent with our practice,6 we
are rescinding this review with respect
to Alica and Lensi.
SUPPLEMENTARY INFORMATION:
Methodology
The Department 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 Enforcement and
Compliance’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://enforcement.trade.gov/frn. The
signed Preliminary Decision
Memorandum and the electronic
version 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
4 See Lensi’s letter dated November 26, 2013, and
Alica’s letter dated December 10, 2013.
5 In accordance with 19 CFR 351.213(d)(1), the
Department will rescind an administrative review
‘‘if a party that requested the review withdraws the
request within 90 days of the date of publication of
notice of initiation of the requested review.’’ The
instant review was initiated on August 28, 2013.
Therefore, the deadline to withdraw review
requests, which included 16 days for the tolling of
all deadlines by reason of the government
shutdown, was December 12, 2013. See
Memorandum for the Record from Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, regarding ‘‘Deadlines Affected by the
Shutdown of the Federal Government’’ (October 18,
2013). Thus, Alica’s and Lensi’s withdrawal
requests are timely.
6 See, e.g., Brass Sheet and Strip from Germany:
Notice of Rescission of Antidumping Duty
Administrative Review, 73 FR 49170 (August 20,
2008); see also Certain Lined Paper Products from
India: Notice of Partial Rescission of Antidumping
Duty Administrative Review and Extension of Time
Limit for the Preliminary Results of Antidumping
Duty Administrative Review, 74 FR 21781 (May 11,
2009).
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
weighted-average dumping margins for
the period July 1, 2012, through June 30,
2013:
Producer and/or
exporter 7
Rummo S.p.A. Molino e
Pastificio, Rummo S.p.A.,
Lenta Lavorazione, and
Pasta Castiglioni (collectively the Rummo Group).
Molino e Pastificio Tomasello
S.p.A.
Dalla Costa Alimentare srl ......
Delverde Industrie Alimentari
S.p.A.
Ghigi Industria Agroalimentare
in San Clemente srl.
Valdigrano di Flavio Pagani
S.r.L.
Pasta Zara S.p.A ....................
Pastificio Toscano srl ..............
Weightedaverage
dumping
margin
(percent)
8.33.
de minimis.
8.33.
8.33.
8.33.
8.33.
8.33.
8.33.
7 The margin for the non-selected companies was based on the calculated weightedaverage margin of the Rummo Group (the
sole mandatory respondent receiving an
above de minimis margin in theses preliminary
results). For further discussion, see the Preliminary Decision Memorandum at 12.
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 Tomasello 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 importerspecific 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
E:\FR\FM\25AUN1.SGM
25AUN1
50616
Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Notices
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.8 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
emcdonald on DSK67QTVN1PROD with NOTICES
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
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).
preliminary results.9 Pursuant to 19 CFR
351.309(c), interested parties may
submit cases briefs not later than 30
days after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
filing case briefs.10 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.
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
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s IA
ACCESS system within 30 days of
publication of this notice.11 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
and Constitution Avenue NW.,
Washington, DC 20230, at a time and
location to be determined.12 Parties
should confirm by telephone the date,
time, and location of the hearing.
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.
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
8 See
VerDate Mar<15>2010
17:31 Aug 22, 2014
Jkt 232001
9 See
19 CFR 351.224(b).
10 See 19 CFR 351.309(d).
11 See 19 CFR 351.310(c).
12 See 19 CFR 351.310.
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
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: August 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Background
2. Scope of the Order
3. Discussion of Methodology
[FR Doc. 2014–20152 Filed 8–22–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–825]
Polyethylene Terephthalate Film,
Sheet, and Strip From India:
Preliminary Results and Partial
Recission of Countervailing Duty
Administrative Review; 2012
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review under the
countervailing duty (CVD) order on
polyethylene terephthalate film, sheet
and strip (PET film) from India for the
period of review (POR) January 1, 2012,
through December 31, 2012. We
preliminarily determine that SRF
Limited (SRF) and Jindal Poly Films
Limited of India (Jindal) received
countervailable subsidies during the
POR. See the ‘‘Preliminary Results of
Review’’ section, below. Interested
parties are invited to comment on these
preliminary results.
DATES: Effective Date: August 25, 2014.
FOR FURTHER INFORMATION CONTACT: Elfi
Blum or Myrna Lobo, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0197 or (202) 482–
2371, respectively.
AGENCY:
Scope of the Order
For purposes of the order, the
products covered are all gauges of raw,
pretreated, or primed polyethylene
terephthalate film, sheet and strip,
whether extruded or coextruded.
E:\FR\FM\25AUN1.SGM
25AUN1
]]>Agencies
[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Notices]
[Pages 50614-50616]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20152]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission; 2012-2013
AGENCY: Enforcement and Compliance, 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
[[Page 50615]]
pasta (pasta) from Italy,\1\ covering the period July 1, 2012, through
June 30, 2013. The review covers 10 companies, two of which are
mandatory respondents: Rummo S.p.A. Molino e Pastificio and its two
affiliates (Rummo S.p.A., Lenta Lavorazione, and Pasta Castiglioni)
(collectively, the Rummo Group), and Molino e Pastificio Tomasello
S.p.A. (Tomasello). The remaining eight companies were not selected for
individual examination.\2\ We preliminarily determine that the Rummo
Group made sales of subject merchandise at less than normal value
during the period of review (POR), and that Tomasello did not.
---------------------------------------------------------------------------
\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).
\2\ The eight companies are: Alica srl (Alica); Dalla Costa
Alimentare srl; Delverde Industrie Alimentari S.p.A.; Ghigi
Industria Agroalimentare in San Clemente srl; Pasta Lensi S.r.l
(Lensi); Pasta Zara S.p.A.; Pastificio Toscano srl; Valdigrano di
Flavio Pagani S.r.L.
---------------------------------------------------------------------------
In addition, as noted below, we are rescinding the review of Alica
and Lensi. Interested parties are invited to comment on these
preliminary results.
DATES: Effective Date: August 25, 2014.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Tomasello) or Cindy
Robinson (the Rummo Group), AD/CVD Operations, Office III, Enforcement
and Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-3692 or (202) 482-3797, 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\
---------------------------------------------------------------------------
\3\ For a full description of the scope of the order, see the
``Decision Memorandum for the Preliminary Results of Antidumping
Duty Administrative Review and Partial Rescission: Certain Pasta
from Italy; 2012-2013'' from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, dated concurrently with this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Partial Rescission of the 2012-2013 Administrative Review
On November 26, 2013, and December 10, 2013, respectively, Lensi
and Alica timely withdrew their requests for the 2012-2013
administrative review.\4\ In accordance with 19 CFR 351.213(d)(1),\5\
and consistent with our practice,\6\ we are rescinding this review with
respect to Alica and Lensi.
---------------------------------------------------------------------------
\4\ See Lensi's letter dated November 26, 2013, and Alica's
letter dated December 10, 2013.
\5\ In accordance with 19 CFR 351.213(d)(1), the Department will
rescind an administrative review ``if a party that requested the
review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review.'' The
instant review was initiated on August 28, 2013. Therefore, the
deadline to withdraw review requests, which included 16 days for the
tolling of all deadlines by reason of the government shutdown, was
December 12, 2013. See Memorandum for the Record from Paul Piquado,
Assistant Secretary for Enforcement and Compliance, regarding
``Deadlines Affected by the Shutdown of the Federal Government''
(October 18, 2013). Thus, Alica's and Lensi's withdrawal requests
are timely.
\6\ See, e.g., Brass Sheet and Strip from Germany: Notice of
Rescission of Antidumping Duty Administrative Review, 73 FR 49170
(August 20, 2008); see also Certain Lined Paper Products from India:
Notice of Partial Rescission of Antidumping Duty Administrative
Review and Extension of Time Limit for the Preliminary Results of
Antidumping Duty Administrative Review, 74 FR 21781 (May 11, 2009).
SUPPLEMENTARY INFORMATION:
Methodology
The Department 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 Enforcement and Compliance'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://enforcement.trade.gov/frn. The signed Preliminary Decision Memorandum and the electronic
version 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 for the period July 1, 2012,
through June 30, 2013:
------------------------------------------------------------------------
Weighted- average dumping
Producer and/or exporter \7\ margin (percent)
------------------------------------------------------------------------
Rummo S.p.A. Molino e Pastificio, Rummo 8.33.
S.p.A., Lenta Lavorazione, and Pasta
Castiglioni (collectively the Rummo
Group).
Molino e Pastificio Tomasello S.p.A...... de minimis.
Dalla Costa Alimentare srl............... 8.33.
Delverde Industrie Alimentari S.p.A...... 8.33.
Ghigi Industria Agroalimentare in San 8.33.
Clemente srl.
Valdigrano di Flavio Pagani S.r.L........ 8.33.
Pasta Zara S.p.A......................... 8.33.
Pastificio Toscano srl................... 8.33.
------------------------------------------------------------------------
\7\ The margin for the non-selected companies was based on the
calculated weighted-average margin of the Rummo Group (the sole
mandatory respondent receiving an above de minimis margin in theses
preliminary results). For further discussion, see the Preliminary
Decision Memorandum at 12.
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 Tomasello 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
[[Page 50616]]
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.\8\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\8\ 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).
---------------------------------------------------------------------------
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.\9\
Pursuant to 19 CFR 351.309(c), interested parties may submit cases
briefs not later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\10\ 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.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------
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 Enforcement and Compliance, U.S. Department of Commerce,
using Enforcement and Compliance's IA ACCESS system within 30 days of
publication of this notice.\11\ 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 and
Constitution Avenue NW., Washington, DC 20230, at a time and location
to be determined.\12\ Parties should confirm by telephone the date,
time, and location of the hearing.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310.
---------------------------------------------------------------------------
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.
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: August 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Discussion of Methodology
[FR Doc. 2014-20152 Filed 8-22-14; 8:45 am]
BILLING CODE 3510-DS-P
