Certain Pasta From Italy: Notice of Partial Rescission of Antidumping Duty Administrative Review, 4541-4542 [2015-01586]

Download as PDF Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Notices minimis. Where either the respondent’s weighted-average dumping margin is zero or de minimis, or an importerspecific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The Department announced a refinement to its assessment practice in non-market economy (NME) cases. Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the NME-wide rate. In addition, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the NME-wide rate. For a full discussion of this practice, see Assessment in NME Antidumping Proceedings.14 mstockstill on DSK4VPTVN1PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): (1) For the exporter’s listed above, the cash deposit rate will be the rate established in the final results of this review (except, if the rate is zero or de minimis, a zero cash deposit rate will be required for that company); (2) for previously investigated or reviewed PRC and nonPRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the existing producer/ exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise that have not been found to be eligible for a separate rate, the cash deposit rate will be the PRC-wide rate of 285.63 percent; 15 and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that non-PRC exporter. These 14 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment in NME Antidumping Proceedings). 15 For an explanation on the derivation of the PRC-wide rate, see Notice of Final Determination of Sales at Less Than Fair Value: Chlorinated Isocyanurates From the People’s Republic of China, 70 FR 24502, 24505 (May 10, 2005). VerDate Sep<11>2014 16:41 Jan 27, 2015 Jkt 235001 deposit requirements, when imposed, shall remain in effect until further notice. Disclosure We will disclose the calculations performed regarding these final results within five days of the date of publication of this notice in this proceeding in accordance with 19 CFR 351.224(b). Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties has occurred and that subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return 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 this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: January 21, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—Issues and Decision Memorandum Comment 1: Selection of Surrogate Country Comment 2: Surrogate Value Selection A. Chlorine B. Hydrogen C. Financial Ratios Comment 3: Whether the Department Is Authorized by Law To Apply the Alternative Methodology Under Section 777A(d)(1)(B) of the Act to Annual Reviews Comment 4: Methodological Issues A. Value-Added Tax (VAT) Adjustment for Kangtai’s and Jiheng’s U.S. Sales PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 4541 B. Downstream By-Product Offset for Ammonium Sulfate C. Recalculating Jiheng’s Hydrogen ByProduct Offset D. Calculation of Jiheng’s Electricity Rates Comment 5: Ministerial Errors A. Double-Counting of Chlorine Input B. Calculation of Jiheng’s Market Economy Brokerage and Handling Charges C. Double-Counting of Jiheng’s Market Economy Brokerage and Handling Charges in Both Domestic and International Movement Expenses [FR Doc. 2015–01604 Filed 1–27–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–818] Certain Pasta From Italy: Notice of Partial Rescission of Antidumping Duty Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: January 28, 2015. FOR FURTHER INFORMATION CONTACT: Christopher Hargett or George McMahon 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) 482–4161 or (202) 482–1167, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On July 1, 2014, the Department of Commerce (the Department) published a notice of opportunity to request an administrative review of the antidumping duty order on certain pasta from Italy.1 Pursuant to requests from interested parties, the Department published in the Federal Register the notice of initiation of this antidumping duty administrative review with respect to the following companies for the period July 1, 2013, through June 30, 2014: Pastificio Andalini S.p.A. (Andalini), Dalla Costa Alimentare SRL. (Dalla Costa), Delverde Industrie Alimentari S.p.A. (Delverde), La Molisana S.p.A. (La Molisana), Rummo, S.p.A. (Rummo), and Pasta Lensi S.r.L. (Pasta Lensi).2 On October 10, 2014, and 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 79 FR 37289 (July 1, 2014). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 51548 (August 29, 2014) (Initiation Notice). E:\FR\FM\28JAN1.SGM 28JAN1 4542 Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Notices November 25, 2014, respectively, Dalla Costa and Pasta Lensi timely withdrew their respective requests for a review.3 countervailing duties occurred and the subsequent increase in the amount of antidumping duties assessed. Partial Rescission of the 2013–2014 Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation of the requested review. The Department initiated the instant review on August 29, 2014.4 Dalla Costa and Pasta Lensi withdrew their requests for a review on October 10, 2014 and November 25, 2014, respectively, which is within the 90-day deadline. No other party requested an administrative review of these particular companies. Therefore, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review of the antidumping duty order on certain pasta from Italy, in part, with respect to Dalla Costa and Pasta Lensi. The instant review will continue with respect to Andalini, Delverde, La Molisana, and Rummo. Notification Regarding Administrative Protective Order Assessment The Department will instruct CBP to assess antidumping duties on all appropriate entries. For the companies for which this review is rescinded, Dalla Costa and Pasta Lensi, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period July 1, 2013, through June 30, 2014, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. mstockstill on DSK4VPTVN1PROD with NOTICES Notification to Importers This notice serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing 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 and/or 3 See Letter from Dalla Costa to the Department, ‘‘Antidumping Duty Administrative Review of Ce1tain Pasta from Italy: Withdrawal of Review Request for Administrative Review of Dalla Costa Alimentare SRL,’’ dated October 10, 2014; Letter from Pasta Lensi to the Department, ‘‘Pasta from Italy: Withdrawal of Request for Administrative Review,’’ dated November 25, 2014. 4 See Initiation Notice. VerDate Sep<11>2014 16:41 Jan 27, 2015 Jkt 235001 This notice serves as a final reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: January 23, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–01586 Filed 1–27–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–905] Certain Polyester Staple Fiber From the People’s Republic of China: Final Results of the Antidumping Duty Administrative Review; 2012–2013 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On July 25, 2014, the Department of Commerce (‘‘Department’’) published in the Federal Register the Preliminary Results of the sixth administrative review of the antidumping duty order on certain polyester staple fiber (‘‘PSF’’) from the People’s Republic of China (‘‘PRC’’).1 We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculations for the final results. AGENCY: 1 See Certain Polyester Staple Fiber from the People’s Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2012–2013 (July 25, 2014) (‘‘Preliminary Results’’) and accompanying Decision Memorandum. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Steven Hampton, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0116. SUPPLEMENTARY INFORMATION: Background On July 23, 2014, DAK Americas LLC (‘‘Petitioner’’) filed comments regarding ministerial errors.2 On July 25, 2014, the Department published the Preliminary Results.3 On October 21, 2014, Petitioner and Takayasu Industrial (Jiangyin) Co., Ltd. (‘‘Takayasu’’) submitted case briefs. On October 28, 2014, Petitioner and Takayasu submitted rebuttal briefs. On October 30, 2014, the Department fully extended the final results to January 21, 2015.4 On November 5, 2014, Takayasu submitted a redacted rebuttal brief per the Department’s request. Scope of the Order The merchandise subject to the order is certain polyester staple fiber. The product is currently classified under the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) numbers 5503.20.0045 and 5503.20.0065. Although the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope of the order, which is contained in the accompanying Issues and Decision Memorandum (‘‘I&D Memo’’) is dispositive.5 2 See Sixth Administrative Review of Polyester Staple Fiber from the People’s Republic of China— Preliminary Results Clerical Error Allegation, dated July 23, 2014. The Department notes that ‘‘Polyester Staple Fiberfill’’ is a misidentification of the proceeding. The Department has corrected this reference throughout this document to the name: ‘‘Polyester Staple Fiber.’’ 3 See Preliminary Results. 4 See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, through James C. Doyle, Director, Office V, Antidumping and Countervailing Duty Operations, from Steven Hampton, International Trade Compliance Analyst, Office V, Antidumping and Countervailing Duty Operations regarding Certain Polyester Staple Fiber from the People’s Republic of China: Extension of Deadline for Final Results of Antidumping Duty Administrative Review, dated October 30, 2014. 5 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, regarding Certain Polyester Staple Fiber from the People’s Republic of China: Issues and Decision Memorandum for the Final Results of the 2012– 2013 Administrative Review issued concurrently with this notice for a complete description of the Scope of the Order (‘‘I&D Memo’’). E:\FR\FM\28JAN1.SGM 28JAN1

Agencies

[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Notices]
[Pages 4541-4542]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01586]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Notice of Partial Rescission of 
Antidumping Duty Administrative Review

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

DATES: Effective Date: January 28, 2015.

FOR FURTHER INFORMATION CONTACT: Christopher Hargett or George McMahon 
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) 482-4161 or (202) 482-1167, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2014, the Department of Commerce (the Department) 
published a notice of opportunity to request an administrative review 
of the antidumping duty order on certain pasta from Italy.\1\ Pursuant 
to requests from interested parties, the Department published in the 
Federal Register the notice of initiation of this antidumping duty 
administrative review with respect to the following companies for the 
period July 1, 2013, through June 30, 2014: Pastificio Andalini S.p.A. 
(Andalini), Dalla Costa Alimentare SRL. (Dalla Costa), Delverde 
Industrie Alimentari S.p.A. (Delverde), La Molisana S.p.A. (La 
Molisana), Rummo, S.p.A. (Rummo), and Pasta Lensi S.r.L. (Pasta 
Lensi).\2\ On October 10, 2014, and

[[Page 4542]]

November 25, 2014, respectively, Dalla Costa and Pasta Lensi timely 
withdrew their respective requests for a review.\3\
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 79 FR 37289 (July 1, 2014).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 51548 (August 29, 2014) (Initiation 
Notice).
    \3\ See Letter from Dalla Costa to the Department, ``Antidumping 
Duty Administrative Review of Ce1tain Pasta from Italy: Withdrawal 
of Review Request for Administrative Review of Dalla Costa 
Alimentare SRL,'' dated October 10, 2014; Letter from Pasta Lensi to 
the Department, ``Pasta from Italy: Withdrawal of Request for 
Administrative Review,'' dated November 25, 2014.
---------------------------------------------------------------------------

Partial Rescission of the 2013-2014 Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation of the requested review. The 
Department initiated the instant review on August 29, 2014.\4\ Dalla 
Costa and Pasta Lensi withdrew their requests for a review on October 
10, 2014 and November 25, 2014, respectively, which is within the 90-
day deadline. No other party requested an administrative review of 
these particular companies. Therefore, in accordance with 19 CFR 
351.213(d)(1), we are rescinding this review of the antidumping duty 
order on certain pasta from Italy, in part, with respect to Dalla Costa 
and Pasta Lensi. The instant review will continue with respect to 
Andalini, Delverde, La Molisana, and Rummo.
---------------------------------------------------------------------------

    \4\ See Initiation Notice.
---------------------------------------------------------------------------

Assessment

    The Department will instruct CBP to assess antidumping duties on 
all appropriate entries. For the companies for which this review is 
rescinded, Dalla Costa and Pasta Lensi, antidumping duties shall be 
assessed at rates equal to the cash deposit of estimated antidumping 
duties required at the time of entry, or withdrawal from warehouse, for 
consumption, during the period July 1, 2013, through June 30, 2014, in 
accordance with 19 CFR 351.212(c)(1)(i).
    The Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after publication of this notice.

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing 
duties occurred and the subsequent increase in the amount of 
antidumping duties assessed.

Notification Regarding Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
an APO in accordance with 19 CFR 351.305(a)(3), which continues to 
govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 
CFR 351.213(d)(4).

     Dated: January 23, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2015-01586 Filed 1-27-15; 8:45 am]
BILLING CODE 3510-DS-P

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