Certain Pasta From Italy: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2012, 50618-50620 [2014-20153]
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50618
Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Notices
Compliance, U.S. Department of
Commerce, using Enforcement and
Compliance’s IA ACCESS system.9
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.10 Parties
should confirm by telephone the date,
time, and location of the hearing. Issues
addressed at the hearing will be limited
to those raised in the briefs.11 All briefs
and hearing requests must be filed
electronically and received successfully
in their entirety through IA ACCESS by
5:00 p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 75l(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
issuance of these preliminary results.
These preliminary results of review
are issued and published in accordance
with sections 75l(a)(l) and 777(i)(l) of
the Act and 19 CFR 351.221(b)(4).
Dated: August 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Scope of the Order
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Background
2. Scope of the Order
3. Partial Rescission of Administrative
Review
4. Subsidies Valuation
5. Analysis of Programs
[FR Doc. 2014–20154 Filed 8–22–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
emcdonald on DSK67QTVN1PROD with NOTICES
[C–475–819]
Certain Pasta From Italy: Preliminary
Results and Partial Rescission of
Countervailing Duty Administrative
Review; 2012
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
9 See
19 CFR 351.310(c).
19 CFR 351.310.
11 See 19 CFR 351.310(c).
10 See
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The Department of Commerce
(the Department) is conducting an
administrative review of the
countervailing duty (CVD) order on
certain pasta (pasta) from Italy. The
period of review (POR) is January 1,
2012, through December 31, 2012. This
review covers two exporters/producers
of the subject merchandise, DeMatteis
Agroalimentare S.p.A. (DeMatteis) (also
known as, ‘‘DeMatteis Agroalimentare
SpA’’) and Fratelli DeCecco di Filippo
Fara San Martino S.p.A. (DeCecco) (also
known as ‘‘F.lli De Cecco di Filippo
Fara San Martino S.p.A.’’), as mandatory
company-respondents. We preliminarily
find that DeMatteis received
countervailable subsidies during the
POR, and that DeCecco received de
minimis countervailable subsidies
during the POR. The Department is also
rescinding the review of one company,
Delverde Industrie Alimentari S.p.A.,
which timely withdrew its request for
review. Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: August 25, 2014.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin or Joshua Morris, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6478 or (202) 482–
1779, respectively.
SUMMARY:
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
subject to the order 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
Ronald K. Lorentzen, Acting Assistant
Secretary for Enforcement and
Compliance, dated August 18, 2014
(Preliminary Decision Memorandum),
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).
PO 00000
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Sfmt 4703
IA ACCESS is available to registered
users at https://iaaccess.trade.gov and
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://trade.gov/enforcement/. The
signed and electronic versions of the
Preliminary Decision Memorandum are
identical in content. A list of topics
discussed in the Preliminary Decision
Memorandum is provided in the
Appendix to this notice.
Partial Rescission of the 2012
Administrative Review
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
notice of initiation of the instant review
was published on August 28, 2013.1
On December 11, 2013, Delverde
Industrie Alimentari S.p.A. (Delverde)
timely withdrew its request for review
of itself.2 Because no other interested
party requested a review of Delverde,
we are rescinding the review with
respect to Delverde in accordance with
19 CFR 351.213(d)(1).
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). A full description of
the methodology underlying our
conclusions is presented in the
Preliminary Decision Memorandum.
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 did not act to the
best of its ability to respond to the
Department’s requests for information
regarding certain programs.3 For further
discussion, see Preliminary Decision
Memorandum at ‘‘Use of Facts
Otherwise Available and Adverse
Inferences.’’
Finally, the Department was not able
to make a preliminary determination
concerning countervailability for certain
programs because it requires additional
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 78 FR 53128,
53130–31 (August 28, 2013).
2 As explained in the Preliminary Decision
Memorandum, all deadlines in this administrative
review were tolled by 16 days. Therefore, the
deadline to withdraw review requests was
December 12, 2013.
3 See sections 776(a) and (b) of the Act.
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information. See Preliminary Decision
Memorandum at ‘‘Analysis of
Programs—B. Programs For Which More
Information Is Required.’’ We intend to
seek that information prior to our final
results and to issue post-preliminary
analysis once we have an opportunity to
review that information.
Preliminary Results of the Review
In accordance with section 751(a) of
the Act and 19 CFR 351.221(b)(4)(i), we
calculated individual subsidy rates for
the mandatory respondents, DeCecco
and DeMatteis.
Three respondents were not selected
for individual review: Ghigi Industria
Agroalimentare in San Clemente srl,
Pasta Granoro S.r.L. (also known as,
‘‘Pastifico Attilio Mastromauro Granoro
S.r.L’’), and Valdigrano di Flavio Pagani
S.r.L. For those non-selected
respondents, we applied a subsidy rate
based on an average of the subsidy rates
calculated for those companies selected
for individual review (i.e., the
mandatory respondents), excluding zero
and de minimis rates and rates based
entirely on facts available.4 Therefore,
we preliminarily assigned to these
companies the CVD rate calculated for
DeMatteis because DeCecco received de
minimis countervailable subsidies.
Consistent with past practice, we did
not calculate an individual rate for
Agritalia S.r.L. (Agritalia) because a
review was not requested for Agritalia.
Thus, Agritalia’s most recent exportspecific rate remains in effect.5 Agritalia
was only asked to participate in this
50619
review because of the possible effect of
subsidies it received on DeMatteis.
Consistent with our past practice in this
proceeding, we preliminarily find that
Agritalia did not receive any subsidies
which affected DeMatteis’ rate.
However, we intend to reexamine this
approach before the final determination
in this review and, therefore, we invite
parties to comment on the treatment of
subsidies to Agritalia in connection
with the calculation of DeMatteis’ rate
in this administrative review.
Comments regarding this issue are due
no later than 14 days after the
publication of this notice.
We preliminarily find the net subsidy
rate for the producers/exporters under
review to be as follows:
Net subsidy
rate
Producer/Exporter
DeMatteis Agroalimentare S.p.A. (also known as, ‘‘De Matteis Agroalimentare SpA’’) .....................................................................
Fratelli DeCecco di Filippo Fara San Martino S.p.A. (also known as, ‘‘F.lli De Cecco di Filippo Fara San Martino S.p.A.’’) ...........
Ghigi Industria Agroalimentare in San Clemente srl ...........................................................................................................................
Pasta Granoro S.r.L. (also known as, ‘‘Pastifico Attilio Mastromauro Granoro S.r.L’’) ......................................................................
Valdigrano di Flavio Pagani S.r.L ........................................................................................................................................................
0.96
*0.18
0.96
0.96
0.96
*de minimis.
The Department will disclose to
parties to this proceeding the
calculations performed in reaching the
preliminary results within 10 days of
the date of public announcement of
these preliminary results.6 Due to the
anticipated timing of the release of postpreliminary analysis memoranda,
interested parties may submit written
comments (case briefs) for this
administrative review no later than one
week after the issuance of the last postpreliminary analysis memorandum, and
rebuttal comments (rebuttal briefs)
within five days after the time limit for
filing case briefs.7 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case
briefs. Parties who submit arguments are
requested to submit with the argument:
(1) A statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
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 within 30
days after the date of publication of this
notice.8 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.9 Parties
should confirm by telephone the date,
time, and location of the hearing.
Parties are reminded that briefs and
hearing requests are to be filed
electronically using IA ACCESS and
that electronically filed documents must
be received successfully in their entirety
by 5 p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, the Department intends to 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.
Assessment Rates
For the rescinded company, CVDs
shall be assessed at rates equal to the
cash deposit of estimated CVDs required
at the time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2012, through
December 31, 2012, in accordance with
19 CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions directly to U.S. Customs
and Border Protection (CBP) 15 days
after publication of this notice.
For the other reviewed companies,
consistent with section 751(a)(1) of the
Act, upon issuance of the final results,
the Department shall determine, and
CBP shall assess, CVDs on all
appropriate entries covered by this
review. We intend to issue instructions
to CBP 15 days after publication of the
final results of this review.
4 See, e.g., Certain Pasta From Italy: Preliminary
Results of the 13th (2008) Countervailing Duty
Administrative Review, 75 FR 18806, 18811 (April
13, 2010), unchanged in Certain Pasta from Italy:
Final Results of the 13th (2008) Countervailing Duty
Administrative Review, 75 FR 37386 (June 29,
2010).
5 See, e.g., Certain Pasta from Italy: Preliminary
Results of the Tenth Countervailing Duty
Administrative Review, 72 FR 43616, 43622 (August
2, 2007), unchanged in Certain Pasta From Italy:
Final Results of the Tenth (2005) Countervailing
Duty Administrative Review, 73 FR 7251–7252
(February 7, 2008). Agritalia is a trading company
through which some of DeMatteis’ subject
merchandise was sold to the United States during
the POR. It is not affiliated with DeMatteis.
6 See 19 CFR 351.224(b).
7 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
8 See 19 CFR 351.310(c).
9 See 19 CFR 351.310.
emcdonald on DSK67QTVN1PROD with NOTICES
Disclosure and Public Comment
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Cash Deposit Requirements
Also in accordance with section
751(a)(1) of the Act, the Department
intends to instruct CBP to collect cash
deposits of estimated CVDs in amounts
shown above for each of the respective
companies should the final results
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50620
Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Notices
remain the same as these preliminary
results. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits at the most recent
company-specific or all-others rate
applicable to the company. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
These preliminary results of
administrative review and notice are
issued and published in accordance
with sections 751(a)(1) and 777(i) of the
Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: August 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and
Adverse Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2014–20153 Filed 8–22–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–824]
Polyethylene Terephthalate Film,
Sheet, and Strip From India:
Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty (AD) order on
polyethylene terephthalate film, sheet,
and strip (PET Film) from India. The
period of review (POR) is July 1, 2012,
through June 30, 2013. This review
covers respondents Jindal Poly Films
Limited (Jindal) and SRF Limited (SRF).
The Department preliminarily
determines that Jindal did, and that SRF
did not, make sales of subject
merchandise at prices below normal
value (NV) during the POR. The
preliminary results are listed below in
the section titled ‘‘Preliminary Results
of Review.’’ Interested parties are
invited to comment on these
preliminary results.
emcdonald on DSK67QTVN1PROD with NOTICES
AGENCY:
VerDate Mar<15>2010
17:31 Aug 22, 2014
Jkt 232001
Effective Date: August 25, 2014.
Toni
Page at (202) 482–1398; 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.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
Scope of the Order
The merchandise subject to the order
is polyethylene terephthalate film,
sheet, and strip. The PET Film subject
to the order is currently classifiable
under subheading 3920.62.00.90 of the
Harmonized Tariff Schedule of the
United States (HTSUS). The HTSUS
subheading is provided for convenience
and customs purposes. A full
description of the scope of the order is
contained in the memorandum from
Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant
Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum
for Preliminary Results of Antidumping
Duty Administrative Review:
Polyethylene Terephthalate Film, Sheet,
and Strip from India; 2012–2013
Administrative Review’’ (Preliminary
Decision Memorandum), which is
hereby adopted by this notice. The
written description is dispositive.
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).
Access to 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
versions of the Preliminary Decision
Memorandum are identical in content.
Partial Rescission of Administrative
Review
On August 28, 2013, the Department
initiated a review of eight companies in
this proceeding.1 On December 12,
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Requests for Revocations in Part, 78 FR 53128
(August 28, 2013). The eight companies were Ester
Industries (Ester), Garware Polyester Ltd. (Garware),
Jindal, MTZ Polyesters Ltd. (MTZ), Polyplex
Corporation Ltd. (Polyplex), SRF, Uflex Limited
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Fmt 4703
Sfmt 4703
2013, Petitioners timely withdrew their
requests for all companies except Jindal.
On the same date, SRF and Jindal timely
withdrew their self-requested reviews.
On the same date, Polyplex USA and
Flex USA (domestic interested parties)
timely withdrew their requests for
reviews of all companies except Jindal
and SRF.
On December 18, 2013, Jindal and
SRF filed a request with the Department
to reject Polyplex USA’s and Flex USA’s
review requests in both the AD and the
countervailing duty proceedings
because, they alleged, the requestors did
not have standing to request a review for
the current PORs. The Department made
an interested party determination on
March 20, 2014, concluding that
Polyplex USA and Flex USA were
eligible to request administrative
reviews for this proceeding.2
Because Petitioners’, Polyplex USA’s,
and Flex USA’s withdrawal requests
were timely filed, we are rescinding this
administrative review with respect to
Polyplex, Garware, Ester, Uflex, MTZ,
and Vacmet, and proceeding with the
review of Jindal and SRF.3
Methodology
The Department conducted this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Export price is
calculated in accordance with section
772 of the Act. NV is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Preliminary Results of 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.
(Uflex), and Vacmet. DuPont Teijin Films,
Mitsubishi Polyester Film, Inc., and SKC, Inc.
(collectively Petitioners) requested a review for six
companies (Ester, Garware, Polyplex, SRF, Jindal,
and Vacmet). Polyplex, USA LLC (Polyplex USA)
and Flex Films (USA) Inc. (Flex USA) requested a
review for eight companies (SRF, Jindal, Polyplex,
Garware, Ester, Uflex, MTZ, and Vacmet). In
addition, Jindal and SRF self-requested
administrative reviews.
2 See Memorandum to Edward Yang, Director
AD/CVD Operations, Office VII, Enforcement and
Compliance re: Interested Party Status in the
Antidumping Duty (AD) and Countervailing Duty
(CVD) Administrative Reviews: Polyethylene
Terephthalate Film, Sheet, and Strip (PET film)
from India; 2012–2013 (March 20, 2013).
3 See 19 CFR 351.213(d)(1).
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]]>Agencies
[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Notices]
[Pages 50618-50620]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20153]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-819]
Certain Pasta From Italy: Preliminary Results and Partial
Rescission of Countervailing Duty Administrative Review; 2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the countervailing duty (CVD) order on certain
pasta (pasta) from Italy. The period of review (POR) is January 1,
2012, through December 31, 2012. This review covers two exporters/
producers of the subject merchandise, DeMatteis Agroalimentare S.p.A.
(DeMatteis) (also known as, ``DeMatteis Agroalimentare SpA'') and
Fratelli DeCecco di Filippo Fara San Martino S.p.A. (DeCecco) (also
known as ``F.lli De Cecco di Filippo Fara San Martino S.p.A.''), as
mandatory company-respondents. We preliminarily find that DeMatteis
received countervailable subsidies during the POR, and that DeCecco
received de minimis countervailable subsidies during the POR. The
Department is also rescinding the review of one company, Delverde
Industrie Alimentari S.p.A., which timely withdrew its request for
review. Interested parties are invited to comment on these preliminary
results.
DATES: Effective Date: August 25, 2014.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Joshua Morris, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6478 or (202) 482-1779, respectively.
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 subject to the order 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 Ronald
K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, dated August 18, 2014 (Preliminary Decision Memorandum),
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 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://trade.gov/enforcement/. The signed and
electronic versions of the Preliminary Decision Memorandum are
identical in content. A list of topics discussed in the Preliminary
Decision Memorandum is provided in the Appendix to this notice.
Partial Rescission of the 2012 Administrative Review
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 notice of
initiation of the instant review was published on August 28, 2013.\1\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
53128, 53130-31 (August 28, 2013).
---------------------------------------------------------------------------
On December 11, 2013, Delverde Industrie Alimentari S.p.A.
(Delverde) timely withdrew its request for review of itself.\2\ Because
no other interested party requested a review of Delverde, we are
rescinding the review with respect to Delverde in accordance with 19
CFR 351.213(d)(1).
---------------------------------------------------------------------------
\2\ As explained in the Preliminary Decision Memorandum, all
deadlines in this administrative review were tolled by 16 days.
Therefore, the deadline to withdraw review requests was December 12,
2013.
---------------------------------------------------------------------------
Methodology
The Department is conducting this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). A full
description of the methodology underlying our conclusions is presented
in the Preliminary Decision Memorandum.
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 did not act to the best of its ability to
respond to the Department's requests for information regarding certain
programs.\3\ For further discussion, see Preliminary Decision
Memorandum at ``Use of Facts Otherwise Available and Adverse
Inferences.''
---------------------------------------------------------------------------
\3\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Finally, the Department was not able to make a preliminary
determination concerning countervailability for certain programs
because it requires additional
[[Page 50619]]
information. See Preliminary Decision Memorandum at ``Analysis of
Programs--B. Programs For Which More Information Is Required.'' We
intend to seek that information prior to our final results and to issue
post-preliminary analysis once we have an opportunity to review that
information.
Preliminary Results of the Review
In accordance with section 751(a) of the Act and 19 CFR
351.221(b)(4)(i), we calculated individual subsidy rates for the
mandatory respondents, DeCecco and DeMatteis.
Three respondents were not selected for individual review: Ghigi
Industria Agroalimentare in San Clemente srl, Pasta Granoro S.r.L.
(also known as, ``Pastifico Attilio Mastromauro Granoro S.r.L''), and
Valdigrano di Flavio Pagani S.r.L. For those non-selected respondents,
we applied a subsidy rate based on an average of the subsidy rates
calculated for those companies selected for individual review (i.e.,
the mandatory respondents), excluding zero and de minimis rates and
rates based entirely on facts available.\4\ Therefore, we preliminarily
assigned to these companies the CVD rate calculated for DeMatteis
because DeCecco received de minimis countervailable subsidies.
Consistent with past practice, we did not calculate an individual rate
for Agritalia S.r.L. (Agritalia) because a review was not requested for
Agritalia. Thus, Agritalia's most recent export-specific rate remains
in effect.\5\ Agritalia was only asked to participate in this review
because of the possible effect of subsidies it received on DeMatteis.
Consistent with our past practice in this proceeding, we preliminarily
find that Agritalia did not receive any subsidies which affected
DeMatteis' rate. However, we intend to reexamine this approach before
the final determination in this review and, therefore, we invite
parties to comment on the treatment of subsidies to Agritalia in
connection with the calculation of DeMatteis' rate in this
administrative review. Comments regarding this issue are due no later
than 14 days after the publication of this notice.
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\4\ See, e.g., Certain Pasta From Italy: Preliminary Results of
the 13th (2008) Countervailing Duty Administrative Review, 75 FR
18806, 18811 (April 13, 2010), unchanged in Certain Pasta from
Italy: Final Results of the 13th (2008) Countervailing Duty
Administrative Review, 75 FR 37386 (June 29, 2010).
\5\ See, e.g., Certain Pasta from Italy: Preliminary Results of
the Tenth Countervailing Duty Administrative Review, 72 FR 43616,
43622 (August 2, 2007), unchanged in Certain Pasta From Italy: Final
Results of the Tenth (2005) Countervailing Duty Administrative
Review, 73 FR 7251-7252 (February 7, 2008). Agritalia is a trading
company through which some of DeMatteis' subject merchandise was
sold to the United States during the POR. It is not affiliated with
DeMatteis.
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We preliminarily find the net subsidy rate for the producers/
exporters under review to be as follows:
------------------------------------------------------------------------
Net subsidy
Producer/Exporter rate
------------------------------------------------------------------------
DeMatteis Agroalimentare S.p.A. (also known as, ``De 0.96
Matteis Agroalimentare SpA'')..........................
Fratelli DeCecco di Filippo Fara San Martino S.p.A. *0.18
(also known as, ``F.lli De Cecco di Filippo Fara San
Martino S.p.A.'')......................................
Ghigi Industria Agroalimentare in San Clemente srl...... 0.96
Pasta Granoro S.r.L. (also known as, ``Pastifico Attilio 0.96
Mastromauro Granoro S.r.L'')...........................
Valdigrano di Flavio Pagani S.r.L....................... 0.96
------------------------------------------------------------------------
*de minimis.
Disclosure and Public Comment
The Department will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within 10
days of the date of public announcement of these preliminary
results.\6\ Due to the anticipated timing of the release of post-
preliminary analysis memoranda, interested parties may submit written
comments (case briefs) for this administrative review no later than one
week after the issuance of the last post-preliminary analysis
memorandum, and rebuttal comments (rebuttal briefs) within five days
after the time limit for filing case briefs.\7\ Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be limited to issues raised in the
case briefs. Parties who submit arguments are requested to submit with
the argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce
within 30 days after the date of publication of this notice.\8\
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.\9\
Parties should confirm by telephone the date, time, and location of the
hearing.
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\8\ See 19 CFR 351.310(c).
\9\ See 19 CFR 351.310.
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Parties are reminded that briefs and hearing requests are to be
filed electronically using IA ACCESS and that electronically filed
documents must be received successfully in their entirety by 5 p.m.
Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, the Department intends to 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.
Assessment Rates
For the rescinded company, CVDs shall be assessed at rates equal to
the cash deposit of estimated CVDs required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2012, through December 31, 2012, in accordance with 19 CFR
351.212(c)(1)(i). The Department intends to issue appropriate
assessment instructions directly to U.S. Customs and Border Protection
(CBP) 15 days after publication of this notice.
For the other reviewed companies, consistent with section 751(a)(1)
of the Act, upon issuance of the final results, the Department shall
determine, and CBP shall assess, CVDs on all appropriate entries
covered by this review. We intend to issue instructions to CBP 15 days
after publication of the final results of this review.
Cash Deposit Requirements
Also in accordance with section 751(a)(1) of the Act, the
Department intends to instruct CBP to collect cash deposits of
estimated CVDs in amounts shown above for each of the respective
companies should the final results
[[Page 50620]]
remain the same as these preliminary results. For all non-reviewed
firms, we will instruct CBP to continue to collect cash deposits at the
most recent company-specific or all-others rate applicable to the
company. These cash deposit requirements, when imposed, shall remain in
effect until further notice.
These preliminary results of administrative review and notice are
issued and published in accordance with sections 751(a)(1) and 777(i)
of the Act and 19 CFR 351.213 and 351.221(b)(4).
Dated: August 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2014-20153 Filed 8-22-14; 8:45 am]
BILLING CODE 3510-DS-P
