Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2012-2013, 8604-8606 [2015-03334]
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8604
Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices
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Feirongda Weaving Material Co. Ltd.
Hangzhou Qingqing Mechanical Co. Ltd.
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Hongye (HK) Group Development Co. Ltd.
Liaoning Metals & Mineral Imp/Exp Corp.
Nanton Eason Foreign Trade Co., Ltd.
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Ltd.
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Co. Ltd.
13 Shanghai Ganghun Beddiry Clothing
Factory
14 Shanghai Guoxing Metal Products Co.
Ltd.
15 Shanghai Jianhai International Trade Co.,
Ltd.
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Factory
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19 Shangyu Baoli Electro Chemical
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Co. Ltd.
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Articles Co., Ltd.
22 Shaoxing Guochao Metallic Products Co.,
Ltd.
23 Shaoxing Liangbao Metal Manufactured
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24 Shaoxing Meideli Hanger Co. Ltd.
25 Shaoxing Shunji Metal Clotheshorse Co.,
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29 Tianjin Innovation International
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31 Wesken International (Kunshan) Co. Ltd.
32 Xia Fang Hanger (Cambodia) Co., Ltd.
33 Zhejiang Hongfei Plastic Industry Co. Ltd.
34 Zhejiang Jaguar Import and Export Co.
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35 Zhejiang Lucky Cloud Hanger Co., Ltd.
parties an opportunity to comment.1
The review initially covered two
mandatory respondents, Molino e
Pastificio Tomasello S.p.A. (Tomasello),
and Rummo,2 and eight non-selected
companies.3 We rescinded the review
with respect to Alica and Lensi in the
Preliminary Results.4 The period of
review (POR) is July 1, 2012, through
June 30, 2013. As a result of our analysis
of the comments and information
received, these final results differ from
the Preliminary Results. For the final
weighted-average dumping margin, see
the ‘‘Final Results of Review’’ section
below.
DATES:
Effective Date: February 18,
2015.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore (Tomasello) or Cindy
Robinson (Rummo), 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.
SUPPLEMENTARY INFORMATION:
Background
On August 25, 2014, the Department
published the Preliminary Results. In
accordance with 19 CFR
351.309(c)(1)(ii), we invited parties to
comment on our Preliminary Results.5
On September 24, 2014, Rummo and
Tomasello submitted case briefs. On
September 24, 2014, Rummo also
requested a hearing. On October 3, 2014,
Petitioners 6 filed a rebuttal brief with
respect to Rummo. On November 13,
2014, the Department held a public
[FR Doc. 2015–03193 Filed 2–17–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta From Italy: Final Results
of Antidumping Duty Administrative
Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 25, 2014, the
Department of Commerce (the
Department) published the Preliminary
Results of the antidumping duty
administrative review of certain pasta
from Italy and provided interested
emcdonald on DSK67QTVN1PROD with NOTICES
AGENCY:
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19:32 Feb 17, 2015
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1 See Certain Pasta From Italy: Preliminary
Results of Antidumping Duty Administrative
Review and Partial Rescission; 2012–2013, 79 FR
50614 (August 25, 2014) (Preliminary Results).
2 The ‘‘Rummo Group’’ consists of Rummo S.p.A.,
a producer and seller of subject merchandise, Lenta
Lavorazione, a seller of subject merchandise, Pasta
Castiglioni, a producer and seller of subject
merchandise, and the ultimate holding company
(with no operations), Rummo S.p.A. Molino e
Pastificio (collectively, ‘‘Rummo’’).
3 The non-selected 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. We
rescinded, in part, this administrative review with
respect to Alica and Lensi.
4 See Preliminary Results.
5 The Department issued the briefing schedule in
a Memorandum to the File, dated January 7, 2014.
This briefing schedule indicated that the case and
rebuttal briefs were due by close of business
January 15, 2014 and January 22, 2014, respectively.
6 The Petitioners are New World Pasta Company
and Dakota Growers Pasta Company.
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hearing.7 On December 19, 2014, the
Department issued a memorandum
extending the time period for issuing
the final results of this administrative
review from December 23, 2013 to
February 21, 2014.8
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.9
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Issues and Decision
Memorandum.10 A list of the issues that
parties raised and to which we
responded is attached to this notice as
an Appendix. The Issues and Decision
Memorandum is a public document and
is on-file electronically via ACCESS.
ACCESS is available to registered users
at https://access.trade.gov and in the
CRU. In addition, a complete version of
the Issues and Decision Memorandum
can be accessed directly on the Internet
at https://enforcement.ita.doc.gov/frn/
index.html. The signed Issues and
Decision Memorandum and the
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we recalculated Rummo’s and
Tomasello’s weighted-average dumping
margins for these final results.
7 See the hearing transcript dated November 13,
2014, which is on-file electronically via
Enforcement and Compliance’s Antidumping and
Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov and in the
Central Records Unit (CRU), room 7046 of the main
Department of Commerce building.
8 Because February 21, 2015, is a Saturday, the
deadline for the final results will be Monday,
February 23, 2015.
9 For a full description of the scope of the order,
see the ‘‘Issues and Decision Memorandum for the
Final Results of the 17th Antidumping Duty
Administrative Review: Certain Pasta from Italy;
2012–2013’’ from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, dated concurrently with this notice
(Issues and Decision Memorandum).
10 Id.
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emcdonald on DSK67QTVN1PROD with NOTICES
For Rummo, we revised our margin
program by utilizing the nonconsolidated customer code for one of
Rummo’s consolidated customers.11 As
a result of this change, we applied the
average-to-average (A-to-A) comparison
to calculate Rummo’s weighted-average
dumping margin. In addition, we made
a correction to our margin program for
Rummo’s U.S. direct selling expenses
which were inadvertently double
counted in the Preliminary Results.12
We made a change to our margin
program for Tomasello with respect to
certain billing adjustments. As a result
of this revision, we applied the averageto-transaction (A-to-T) method for the
U.S. sales passing the Cohen’s d test and
the A-to-A method for the U.S. sales not
passing the Cohen’s d test to calculate
the weighted-average dumping margin
for Tomasello.13
As a result of the aforementioned
recalculations of Tomasello’s and
Rummo’s rates, the weighted-average
dumping margin for the six non-selected
companies changed.
Producer and/or Exporter
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)
2.36
2.36
2.36
2.36
2.36
Duty Assessment
The Department shall determine and
the CBP shall assess antidumping duties
on all appropriate entries.15 For any
individually examined respondents
whose weighted-average dumping
margin is above de minimis, we
calculated importer-specific ad valorem
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). Upon issuance of the final
results of this administrative review, if
Final Results of the Review
any importer-specific assessment rates
As a result of this review, the
calculated in the final results are above
Department determines the following
de minimis (i.e., at or above 0.5 percent),
weighted-average dumping margins 14
the Department will issue appraisement
for the period July 1, 2012, through June instructions directly to CBP to assess
30, 2013, are as follows:
antidumping duties on appropriate
entries.
WeightedTo determine whether the duty
average
assessment rates covering the period
Producer and/or Exporter
dumping
were de minimis, in accordance with
margin
(percent)
the requirement set forth in 19 CFR
351.106(c)(2), for each respondent we
Rummo S.p.A. Molino e
calculated importer (or customer)Pastificio, Rummo S.p.A.,
specific ad valorem rates by aggregating
Lenta Lavorazione, and
the amount of dumping calculated for
Pasta Castiglioni (collectively
the Rummo Group) ...............
4.26 all U.S. sales to that importer or
customer and dividing this amount by
Molino e Pastificio Tomasello
S.p.A. ....................................
1.71 the total entered value of the sales to
Dalla Costa Alimentare srl ........
2.36 that importer (or customer). Where an
importer (or customer)-specific ad
11 See Issues and Decision Memorandum at
valorem rate is greater than de minimis,
comment 4; see also Memorandum to the File,
and the respondent has reported reliable
Through Eric B. Greynolds, Program Manager,
entered values, we apply the assessment
Office III, from Cindy Robinson, Case Analyst,
rate to the entered value of the
Office III, titled ‘‘Certain Pasta from Italy:
importer’s/customer’s entries during the
Calculation Memorandum—the Rummo Group,’’
dated December 23, 2014 (Rummo Calc. Memo), for
review period. Where an importer (or
details.
customer)-specific ad valorem rate is
12 See Issues and Decision Memorandum at
greater than de minimis and we do not
comment 5 and Rummo Calc. Memo for details.
have reliable entered values, we
13 See Sales Analysis Memorandum for the Final
calculate a per-unit assessment rate by
Results for Molino e Pastificio Tomasello S.p.A.
(Tomasello).
aggregating the amount of dumping for
14 The rate applied to the non-selected companies
all U.S. sales to each importer (or
is a weighted-average percentage margin calculated
customer) and dividing this amount by
based on the publicly-ranged U.S. volumes of the
two reviewed companies with an affirmative
dumping margin, for the period July 1, 2012,
through June 30, 2013. See Memorandum to the
File, titled, ‘‘Certain Pasta from Italy: Margin for
Respondents Not Selected for Individual
Examination,’’ from Stephanie Moore, Case Analyst,
through Eric B. Greynolds, Program Manager, dated
concurrently with this notice.
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15 In these final results, the Department applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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8605
the total quantity sold to that importer
(or customer).
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003.16 This clarification will
apply to entries of subject merchandise
during the POR produced by the
respondent for which it did not know its
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 the
Automatic Assessment Clarification.
We intend to issue assessment
instructions directly 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. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
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)
16 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties,
68FR 23954 (May 6, 2003) (Automatic Assessment
Clarification).
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8606
Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices
to file a certificate regarding the
reimbursement of antidumping and/or
countervailing duties prior to
liquidation of the relevant entries
during the POR. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of doubled
antidumping duties.
DEPARTMENT OF COMMERCE
Administrative Protective Order
AGENCY:
This notice also serves as a 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 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 the terms of an APO is a
sanctionable violation.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h).
Dated: February 10, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
emcdonald on DSK67QTVN1PROD with NOTICES
List of Topics Discussed in the Final Issues
and Decision Memorandum
I. Summary
II. Background
III. Scope
IV. List of Comments
Comment 1: Consideration of an
Alternative Comparison Method in
Administrative Reviews
Comment 2: The Utilization of the Cohen’s
d Test in Differential Pricing Analysis
Comment 3: Application of the Average-toTransaction Method to Non-dumped
U.S. Sales
Comment 4: Definition of ‘‘Purchaser’’ in
the Differential Pricing Analysis
Comment 5: Correction for Rummo’s U.S.
Direct Selling Expenses
Comment 6: The Commission Offset for
Rummo’s Constructed Export Price (CEP)
Sales
Comment 7: Treatment of Tomasello’s
Billing Adjustments
V. Analysis
VI. Recommendation
[FR Doc. 2015–03334 Filed 2–17–15; 8:45 am]
BILLING CODE 3510–DS–P
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Jkt 235001
International Trade Administration
[A–201–805]
Certain Circular Welded Non-Alloy
Steel Pipe from Mexico: Notice of
Amended Final Results of
Antidumping Duty Administrative
Review Pursuant to Settlement
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES:
Effective: February 18, 2015.
FOR FURTHER INFORMATION CONTACT:
Mark Flessner or Robert James, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6312 and (202)
482–0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 9, 2010, the Department of
Commerce (the Department) published
the final results of its administrative
review of the antidumping duty order
on certain circular welded non-alloy
steel pipe from Mexico. The period of
review (POR) is November 1, 2008,
through October 31, 2009.1
In the Final Results, the Department
assigned to Mueller Comercial de
Mexico, S. de R.L. de C.V. (Mueller), an
exporter of certain circular welded nonalloy steel pipe from Mexico to the
United States, a rate of 19.81 percent for
the 2008–09 period of review. The
Department had conducted
administrative reviews of Mueller,
Tuberia Nacional, S.A. de C.V. (TUNA),
and Ternium, S.A.de C.V. (Ternium).
The Department based Mueller’s
margin, in part, on facts available
because an unaffiliated supplier refused
to supply the Department with its costs
of production, necessary to conduct the
sales-below-cost test on Mueller’s home
market sales.
Following the publication of the Final
Results, Mueller filed a lawsuit with the
United States Court of International
Trade (CIT) challenging the
Department’s final results of
administrative review.2 The CIT upheld
1 See Certain Circular Welded Non-Alloy Steel
Pipe From Mexico: Final Results of Antidumping
Duty Administrative Review, 76 FR 36086 (June 21,
2011) (Final Results).
2 See Mueller Comercial de Mexico, S. de R.L. de
C.V. v. United States, Court No. 11–00319, Slip Op.
12–156 (December 21, 2012).
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the Department’s final results.3 Mueller
timely appealed to the United States
Court of Appeals for the Federal Circuit
(CAFC or Court).4 The CAFC remanded
for the Department to reconsider the
margin calculated for Mueller.5
The United States and Mueller have
now entered into an agreement to settle
this dispute. The Court issued its
amended Order of Judgment by
Stipulation on February 6, 2015.6
Pursuant to the Court’s amended Order
of Judgment by Stipulation, the
amended final weighted-average
dumping margin for Mueller Comercial
de Mexico, S. de R.L. de C.V. is 13.70
percent, as agreed to by the parties.
Assessment Rates
The Department shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries covered by this
review pursuant to section 751(a)(2)(C)
of the Act and 19 CFR 351.212(b). The
Department intends to issue assessment
instructions to CBP within 15 days after
the date of publication of these
amended final results of review in the
Federal Register.
Because Mueller’s weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.5 percent), the
Department has calculated importerspecific antidumping duty assessment
rates. We calculated importer-specific
ad valorem antidumping duty
assessment rates by aggregating the total
amount of dumping calculated for the
examined sales of each importer and
dividing each of these amounts by the
total entered value associated with those
sales. We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review where an
importer-specific assessment rate is not
zero or de minimis. Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping
duties any entries for which the
importer-specific assessment rate is zero
or de minimis.
Cash Deposit Requirements
The cash deposit rate for Mueller will
be that stipulated in the settlement
agreement, 13.70 percent.
Notification to Importers
This notice also serves as a final
reminder to importers of their
3 See Mueller Comercial de Mexico, S. de R.L. de
C.V. v. United States, Court No. 11–00319, Slip Op.
13–57 (May 2, 2013).
4 See Mueller Comercial de Mexico, S. de R.L. de
C.V. v. United States, 753 F.3rd 1227 (Fed. Circ.,
2014).
5 Id., at 1235–36.
6 See Mueller Comercial de Mexico, S. de R.L. de
C.V. v. United States, Court No. 11–00319, Slip Op.
15–9 (February 6, 2015).
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Agencies
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8604-8606]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03334]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Final Results of Antidumping Duty
Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 25, 2014, the Department of Commerce (the
Department) published the Preliminary Results of the antidumping duty
administrative review of certain pasta from Italy and provided
interested parties an opportunity to comment.\1\ The review initially
covered two mandatory respondents, Molino e Pastificio Tomasello S.p.A.
(Tomasello), and Rummo,\2\ and eight non-selected companies.\3\ We
rescinded the review with respect to Alica and Lensi in the Preliminary
Results.\4\ The period of review (POR) is July 1, 2012, through June
30, 2013. As a result of our analysis of the comments and information
received, these final results differ from the Preliminary Results. For
the final weighted-average dumping margin, see the ``Final Results of
Review'' section below.
---------------------------------------------------------------------------
\1\ See Certain Pasta From Italy: Preliminary Results of
Antidumping Duty Administrative Review and Partial Rescission; 2012-
2013, 79 FR 50614 (August 25, 2014) (Preliminary Results).
\2\ The ``Rummo Group'' consists of Rummo S.p.A., a producer and
seller of subject merchandise, Lenta Lavorazione, a seller of
subject merchandise, Pasta Castiglioni, a producer and seller of
subject merchandise, and the ultimate holding company (with no
operations), Rummo S.p.A. Molino e Pastificio (collectively,
``Rummo'').
\3\ The non-selected 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. We rescinded, in part, this administrative
review with respect to Alica and Lensi.
\4\ See Preliminary Results.
---------------------------------------------------------------------------
DATES: Effective Date: February 18, 2015.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Tomasello) or Cindy
Robinson (Rummo), 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.
SUPPLEMENTARY INFORMATION:
Background
On August 25, 2014, the Department published the Preliminary
Results. In accordance with 19 CFR 351.309(c)(1)(ii), we invited
parties to comment on our Preliminary Results.\5\ On September 24,
2014, Rummo and Tomasello submitted case briefs. On September 24, 2014,
Rummo also requested a hearing. On October 3, 2014, Petitioners \6\
filed a rebuttal brief with respect to Rummo. On November 13, 2014, the
Department held a public hearing.\7\ On December 19, 2014, the
Department issued a memorandum extending the time period for issuing
the final results of this administrative review from December 23, 2013
to February 21, 2014.\8\
---------------------------------------------------------------------------
\5\ The Department issued the briefing schedule in a Memorandum
to the File, dated January 7, 2014. This briefing schedule indicated
that the case and rebuttal briefs were due by close of business
January 15, 2014 and January 22, 2014, respectively.
\6\ The Petitioners are New World Pasta Company and Dakota
Growers Pasta Company.
\7\ See the hearing transcript dated November 13, 2014, which is
on-file electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System
(ACCESS). ACCESS is available to registered users at https://access.trade.gov and in the Central Records Unit (CRU), room 7046 of
the main Department of Commerce building.
\8\ Because February 21, 2015, is a Saturday, the deadline for
the final results will be Monday, February 23, 2015.
---------------------------------------------------------------------------
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.\9\
---------------------------------------------------------------------------
\9\ For a full description of the scope of the order, see the
``Issues and Decision Memorandum for the Final Results of the 17th
Antidumping Duty Administrative Review: Certain Pasta from Italy;
2012-2013'' from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, dated
concurrently with this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum.\10\ A list of the issues that parties raised and to which
we responded is attached to this notice as an Appendix. The Issues and
Decision Memorandum is a public document and is on-file electronically
via ACCESS. ACCESS is available to registered users at https://access.trade.gov and in the CRU. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the Internet
at https://enforcement.ita.doc.gov/frn/. The signed Issues and
Decision Memorandum and the electronic versions of the Issues and
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\10\ Id.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we recalculated
Rummo's and Tomasello's weighted-average dumping margins for these
final results.
[[Page 8605]]
For Rummo, we revised our margin program by utilizing the non-
consolidated customer code for one of Rummo's consolidated
customers.\11\ As a result of this change, we applied the average-to-
average (A-to-A) comparison to calculate Rummo's weighted-average
dumping margin. In addition, we made a correction to our margin program
for Rummo's U.S. direct selling expenses which were inadvertently
double counted in the Preliminary Results.\12\
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\11\ See Issues and Decision Memorandum at comment 4; see also
Memorandum to the File, Through Eric B. Greynolds, Program Manager,
Office III, from Cindy Robinson, Case Analyst, Office III, titled
``Certain Pasta from Italy: Calculation Memorandum--the Rummo
Group,'' dated December 23, 2014 (Rummo Calc. Memo), for details.
\12\ See Issues and Decision Memorandum at comment 5 and Rummo
Calc. Memo for details.
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We made a change to our margin program for Tomasello with respect
to certain billing adjustments. As a result of this revision, we
applied the average-to-transaction (A-to-T) method for the U.S. sales
passing the Cohen's d test and the A-to-A method for the U.S. sales not
passing the Cohen's d test to calculate the weighted-average dumping
margin for Tomasello.\13\
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\13\ See Sales Analysis Memorandum for the Final Results for
Molino e Pastificio Tomasello S.p.A. (Tomasello).
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As a result of the aforementioned recalculations of Tomasello's and
Rummo's rates, the weighted-average dumping margin for the six non-
selected companies changed.
Final Results of the Review
As a result of this review, the Department determines the following
weighted-average dumping margins \14\ for the period July 1, 2012,
through June 30, 2013, are as follows:
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\14\ The rate applied to the non-selected companies is a
weighted-average percentage margin calculated based on the publicly-
ranged U.S. volumes of the two reviewed companies with an
affirmative dumping margin, for the period July 1, 2012, through
June 30, 2013. See Memorandum to the File, titled, ``Certain Pasta
from Italy: Margin for Respondents Not Selected for Individual
Examination,'' from Stephanie Moore, Case Analyst, through Eric B.
Greynolds, Program Manager, dated concurrently with this notice.
------------------------------------------------------------------------
Weighted-
average
Producer and/or Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Rummo S.p.A. Molino e Pastificio, Rummo S.p.A., Lenta 4.26
Lavorazione, and Pasta Castiglioni (collectively the Rummo
Group)....................................................
Molino e Pastificio Tomasello S.p.A........................ 1.71
Dalla Costa Alimentare srl................................. 2.36
Delverde Industrie Alimentari S.p.A........................ 2.36
Ghigi Industria Agroalimentare in San Clemente srl......... 2.36
Valdigrano di Flavio Pagani S.r.L.......................... 2.36
Pasta Zara S.p.A........................................... 2.36
Pastificio Toscano srl;.................................... 2.36
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Duty Assessment
The Department shall determine and the CBP shall assess antidumping
duties on all appropriate entries.\15\ For any individually examined
respondents whose weighted-average dumping margin is above de minimis,
we calculated importer-specific ad valorem 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). Upon issuance of the
final results of this administrative review, if any importer-specific
assessment rates calculated in the final results are above de minimis
(i.e., at or above 0.5 percent), the Department will issue appraisement
instructions directly to CBP to assess antidumping duties on
appropriate entries.
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\15\ In these final results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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To determine whether the duty assessment rates covering the period
were de minimis, in accordance with the requirement set forth in 19 CFR
351.106(c)(2), for each respondent we calculated importer (or
customer)-specific ad valorem rates by aggregating the amount of
dumping calculated for all U.S. sales to that importer or customer and
dividing this amount by the total entered value of the sales to that
importer (or customer). Where an importer (or customer)-specific ad
valorem rate is greater than de minimis, and the respondent has
reported reliable entered values, we apply the assessment rate to the
entered value of the importer's/customer's entries during the review
period. Where an importer (or customer)-specific ad valorem rate is
greater than de minimis and we do not have reliable entered values, we
calculate a per-unit assessment rate by aggregating the amount of
dumping for all U.S. sales to each importer (or customer) and dividing
this amount by the total quantity sold to that importer (or customer).
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\16\ This clarification will apply to entries of subject
merchandise during the POR produced by the respondent for which it did
not know its 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 the Automatic Assessment Clarification.
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\16\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68FR 23954 (May 6, 2003)
(Automatic Assessment Clarification).
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We intend to issue assessment instructions directly 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. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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)
[[Page 8606]]
to file a certificate regarding the reimbursement of antidumping and/or
countervailing duties prior to liquidation of the relevant entries
during the POR. Failure to comply with this requirement could result in
the Department's presumption that reimbursement of antidumping and/or
countervailing duties occurred and the subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as a 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
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 the terms of an
APO is a sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).
Dated: February 10, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final Issues and Decision Memorandum
I. Summary
II. Background
III. Scope
IV. List of Comments
Comment 1: Consideration of an Alternative Comparison Method in
Administrative Reviews
Comment 2: The Utilization of the Cohen's d Test in Differential
Pricing Analysis
Comment 3: Application of the Average-to-Transaction Method to
Non-dumped U.S. Sales
Comment 4: Definition of ``Purchaser'' in the Differential
Pricing Analysis
Comment 5: Correction for Rummo's U.S. Direct Selling Expenses
Comment 6: The Commission Offset for Rummo's Constructed Export
Price (CEP) Sales
Comment 7: Treatment of Tomasello's Billing Adjustments
V. Analysis
VI. Recommendation
[FR Doc. 2015-03334 Filed 2-17-15; 8:45 am]
BILLING CODE 3510-DS-P