Certain Pasta From Italy: Final Results of Countervailing Duty Administrative Review; 2012, 11172-11174 [2015-04340]
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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices
Upcoming Sunset Reviews for April
2015
The following Sunset Reviews are
scheduled for initiation in April 2015
and will appear in that month’s Notice
of Initiation of Five-Year Sunset Review
(‘‘Sunset Review’’). With respect to the
orders on Polyethylene Retail Carrier
Bags from China, Malaysia and
Thailand, we have advanced the
initiation date of these Sunset Reviews
upon determining that initiation of the
Sunset Reviews for all of the
Polyethylene Retail Carrier Bags orders
on the same date would promote
administrative efficiency.
Department contact
Antidumping Duty Proceedings
Chloropicrin from China (A–570–002) (4th Review) ..................................................................................
Carbazole Violet Pigment 23 from China (A–570–892) (2nd Review) ......................................................
Crepe Paper from China (A–570–895) (2nd Review) ................................................................................
Polyethylene Retail Carrier Bags from China (A–570–886) (1st Review) .................................................
Carbazole Violet Pigment 23 from India (A–533–838) (2nd Review) ........................................................
Polyethylene
Polyethylene
Polyethylene
Polyethylene
Retail
Retail
Retail
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Carrier
Carrier
Carrier
Carrier
Bags
Bags
Bags
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from
from
from
from
Indonesia (A–560–822) (1st Review) ...........................................
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Taiwan (A–583–843) (1st Review) ...............................................
Thailand (A–549–821) (1st Review) .............................................
Polyethylene Retail Carrier Bags from Vietnam (A–552–806) (1st Review) .............................................
Countervailing Duty Proceedings
Carbazole Violet Pigment 23 from India (C–533–839) (2nd Review) ........................................................
Polyethylene Retail Carrier Bags from Vietnam, (C–552–805) (1st Review) ............................................
Charles Riggle, (202) 482–0650.
Jacqueline Arrowsmith, (202) 482–
5255.
Charles Riggle, (202) 482–0650.
David Goldberger, (202) 482–4136.
Jacqueline Arrowsmith, (202) 482–
5255.
David Goldberger, (202) 482–4136.
David Goldberger, (202) 482–4136.
David Goldberger, (202) 482–4136.
David Goldberger, (202) 482–4136.
David Goldberger, (202) 482–4136.
Jacqueline
5255.
Arrowsmith,
(202)
482–
Jacqueline
5255.
Arrowsmith,
(202)
482–
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Suspended Investigations
No Sunset Review of suspended investigations is scheduled for initiation in April 2015.
The Department’s procedures for the
conduct of Sunset Reviews are set forth
in 19 CFR 351.218. The Notice of
Initiation of Five-Year (‘‘Sunset’’)
Reviews provides further information
regarding what is required of all parties
to participate in Sunset Reviews.
Pursuant to 19 CFR 351.103(c), the
Department will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact the Department in writing
within 10 days of the publication of the
Notice of Initiation.
Please note that if the Department
receives a Notice of Intent to Participate
from a member of the domestic industry
within 15 days of the date of initiation,
the review will continue. Thereafter,
any interested party wishing to
participate in the Sunset Review must
provide substantive comments in
response to the notice of initiation no
later than 30 days after the date of
initiation.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: February 23, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2015–04278 Filed 2–27–15; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–475–819]
Certain Pasta From Italy: Final Results
of Countervailing Duty Administrative
Review; 2012
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) conducted an
administrative review of the
countervailing duty (CVD) order on
certain pasta from Italy. On August 25,
2014, we published the Preliminary
Results for this administrative review.1
The period of review (POR) is January
1, 2012 through December 31, 2012. We
find that DeMatteis Agroalimentare
S.p.A. (also known as, De Matteis
Agroalimentare SpA) (DeMatteis)
received countervailable subsidies
during the POR, and that 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.)
(DeCecco) received de minimis
countervailable subsidies during the
POR. As such, we are applying
DeMatteis’ rate to the other firms subject
AGENCY:
1 See Certain Pasta From Italy: Preliminary
Results and Partial Rescission of the Countervailing
Duty Administrative Review; 2012, 79 FR 50618
(August 25, 2014) (Preliminary Results).
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
to this review that were not individually
examined.
DATES: Effective Date: March 2, 2015.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin or Joshua Morris, AD/
CVD Operations, Office I, Enforcement
and Compliance, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6478 or (202) 482–
1779, respectively.
SUPPLEMENTARY INFORMATION:
Background
In the Preliminary Results, we
deferred our analysis of certain
programs to a post-preliminary analysis.
On October 30, 2014, we issued a postpreliminary analysis memorandum.2 We
invited interested parties to file case
briefs and rebuttal briefs following the
release of the post-preliminary analysis
memorandum. Only the Government of
Italy (the GOI) filed a case brief.
Scope of the Order
The scope of the Order consists of
certain pasta from Italy.3 The
merchandise subject to the order is
2 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ‘‘PostPreliminary Analysis of Countervailing Duty
Administrative Review: Certain Pasta from Italy’’
(October 30, 2014).
3 See Notice of Countervailing Duty Order and
Amended Final Affirmative Countervailing Duty
Determination: Certain Pasta (‘‘Pasta’’) From Italy,
61 FR 38544 (July 24, 1996) (Order).
E:\FR\FM\02MRN1.SGM
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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices
currently classifiable under items
1901.90.90.95 and 1902.19.20 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
is dispositive. A full description of the
scope of the Order is contained in the
‘‘Issues and Decision Memorandum for
Final Results of Countervailing Duty
Administrative Review: Certain Pasta
from Italy,’’ from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant
Secretary for Enforcement and
Compliance, dated February 23, 2015
(Issues and Decision Memorandum),
and hereby adopted by this notice.
The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).4
ACCESS is available to registered users
at https://access.trade.gov and available
to all parties in the Central Records
Unit, room 7046 of the main Department
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the Internet at https://
enforcement.trade.gov/frn/.
The signed and electronic versions of
the Issues and Decision Memorandum
are identical in content. A list of topics
discussed in the Issues and Decision
Memorandum is provided in the
Appendix to this notice.
Methodology
We have conducted this review in
accordance with section 751(a)(1)(A) of
the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs
found countervailable, we determine
that there is a subsidy, i.e., a
government-provided financial
contribution that gives rise to a benefit
to the recipient, and that the subsidy is
specific.5 In making these findings, we
have relied, in part, on an adverse
inference in selecting from among the
facts otherwise available because we
find that the GOI did not act to the best
of its ability to respond to our requests
for information regarding certain
programs.6
DeMatteis reported that it made
export sales of pasta to the United States
through an unaffiliated trading
company, Agritalia S.r.L. (Agritalia),
during the POR. In the Preliminary
Results, we stated our intent to reexamine the approach we used
regarding subsidies to Agritalia in the
Tenth Administrative Review,7 and we
solicited comments in that regard.8 We
received no comments on this issue.
Pursuant to 19 CFR 351.213(b) and 19
CFR 351.221(b), Agritalia is not a
respondent in this review because a
review was not requested for Agritalia.
However, pursuant to 19 CFR
11173
351.525(c), benefits from subsidies
provided to a trading company which
exports subject merchandise shall be
cumulated with benefits from subsidies
provided to the firm that is producing
the subject merchandise that is sold
through the trading company, regardless
of whether the trading company and the
producing firm are affiliated. Thus, for
these final results, we are cumulating
the benefits from subsidies received by
Agritalia with the benefits from
subsidies received by DeMatteis based
on the percentage of DeMatteis’ exports
of subject merchandise to the United
States that were made through Agritalia
during the POR.9
Final Results of the Review
In accordance with 19 CFR
351.221(b)(5), we calculated individual
subsidy rates for the mandatory
respondents, DeMatteis and DeCecco.
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 these non-selected
respondents, we assigned the CVD rate
calculated for DeMatteis because it is
the only rate calculated in this review
that is not de minimis.10 As such, we
find the net countervailable subsidy rate
for the producers and/or 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 ........................................................................................................................................................
1.72
* 0.19
1.72
1.72
1.72
* (De minimis.)
Assessment Rates
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Consistent with 19 CFR 351.212(b)(2),
we intend to issue assessment
instructions to the U.S. Customs and
Border Protection (CBP) fifteen days
after the date of publication of these
final results. We will instruct CBP to
4 On November 24, 2014, Enforcement and
Compliance changed the name of Enforcement and
Compliance’s AD and CVD Centralized Electronic
Service System (‘‘IA ACCESS’’) to AD and CVD
Centralized Electronic Service System (‘‘ACCESS’’).
The Web site location was changed from https://
iaaccess.trade.gov to https://access.trade.gov. The
Final Rule changing the references to the
Regulations can be found at 79 FR 69046
(November 20, 2014).
5 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
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16:55 Feb 27, 2015
Jkt 235001
assess countervailing duties on POR
entries in the amounts shown above,
except for entries of merchandise
produced and/or exported by DeCecco,
which will be liquidated without regard
to countervailing duties because its
subsidy rate is de minimis.
Cash Deposit Requirements
the Act regarding specificity. For a full description
of the methodology underlying our conclusions, see
Issues and Decision Memorandum.
6 See sections 776(a) and (b) of the Act. For
further discussion, see Issues and Decision
Memorandum at ‘‘Use of Facts Otherwise Available
and Adverse Inferences.’’
7 See Certain Pasta from Italy: Preliminary Results
of the Tenth Countervailing Duty Administrative
Review, 72 FR 43616, 43622 (August 6, 2007),
unchanged in Certain Pasta From Italy: Final
Results of the Tenth (2005) Countervailing Duty
Administrative Review, 73 FR 7251 (February 7,
2008) (collectively, Tenth Administrative Review).
8 See Preliminary Results, 79 FR 50619.
9 For further discussion, see Issues and Decision
Memorandum at ‘‘Subsidy Valuation Information.’’
10 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).
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
In accordance with section 751(a)(1)
of the Act, we intend to instruct CBP to
collect cash deposits of estimated
countervailing duties in the amounts
shown above on shipments of subject
merchandise entered, or withdrawn
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11174
Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices
from warehouse, for consumption on or
after the date of publication of the final
results of this review, except that cash
deposits of zero percent will be required
for entries from DeCecco because its
subsidy rate is de minimis. For all nonreviewed companies (except Barilla G. e
R. F.lli S.p.A. and Gruppo Agricoltura
Sana S.r.l., which are excluded from the
order,11 and Pasta Lensi S.r.l., which
was revoked from the Order),12 we will
instruct CBP to continue to collect cash
deposits at the most recent companyspecific or all-others rate applicable to
the company. Accordingly, the cash
deposit rates that will be applied to
companies covered by the Order, but
not examined in this review, are those
established in the most recently
completed segment of the proceeding
for each company. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Administrative Protective Order
This notice serves as a final reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: February 23, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Use of Facts Otherwise Available and
Adverse Inferences
5. Subsidy Valuation Information
6. Analysis of Programs
7. Analysis of Comment: Application of
Adverse Facts Available (AFA) for Sgravi
Programs
8. Recommendation
[FR Doc. 2015–04340 Filed 2–27–15; 8:45 am]
BILLING CODE 3510–DS–P
11 See
Order, 61 FR at 38545.
Certain Pasta from Italy: Final Results of
the Ninth Countervailing Duty Administrative
Review and Notice of Revocation of Order, in Part,
71 FR 36318, 36319–36320 (June 26, 2006).
12 See
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16:55 Feb 27, 2015
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD802
Gulf of Mexico Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The Gulf of Mexico Fishery
Management Council (Council) will
hold a meeting of its Law Enforcement
Advisory Panel (LEAP) in conjunction
with the Gulf States Marine Fisheries
Commission’s Law Enforcement
Committee (LEC).
DATES: The meeting will be held from
8:30 a.m. until 12 noon on Tuesday,
March 17, 2015.
ADDRESSES:
Meeting address: The meeting will be
held at the Grand Hotel Point Clear
Resort & Spa, One Grand Boulevard,
Point Clear, AL 36564. Telephone: (251)
928–9201.
Council address: Gulf of Mexico
Fishery Management Council, 2203
North Lois Avenue, Suite 1100, Tampa,
FL 33607.
FOR FURTHER INFORMATION CONTACT: Mr.
Steven Atran, Senior Fishery Biologist,
Gulf of Mexico Fishery Management
Council; telephone: (813) 348–1630; fax:
(813) 348–1711; email: steven.atran@
gulfcouncil.org and Mr. Steve
Vanderkooy, Inter-jurisdictional
Fisheries Coordinator, Gulf States
Marine Fisheries Commission;
telephone: (228) 875–5912; email:
svanderkooy@gsmfc.org.
SUPPLEMENTARY INFORMATION: The items
of discussion on the agenda are as
follows:
SUMMARY:
Joint Gulf Council’s Law Enforcement
Advisory Panel and Gulf States Marine
Fisheries Commission’s Law
Enforcement Committee Meeting
Agenda, Tuesday, March 17, 2015, 8:30
a.m. Until 12 Noon
1. Adoption of Agenda
2. Approval of Minutes of October 20,
2014 LEC/LEAP Meeting
3. Current GMFMC Amendments and
Framework Actions
a. Reef Fish Amendment 39—Red
Snapper Regional Management
b. South Florida Management Issues
4. IUU Fishing Issues and Possible
Council/Commission Actions
a. Presentation on IUU fishing—
Mexican lanchas
PO 00000
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Fmt 4703
Sfmt 9990
b. GSMFC IUU letter
c. Proposed MSA Reauthorization
language
d. Ideas for actions by Council and
Commission
i. Develop a smartphone app for
reporting violations
ii. Discussion of ways to avoid waste
of seized fish
iii. other
e. Other
5. Proposed Officer of the Year Award
program
6. IJF Program Activity
a. Blue Crab
b. Gulf Menhaden
c. Gulf and Southern Flounder
d. Tripletail
7. State Report Highlights
a. Florida
b. Alabama
c. Mississippi
d. Louisiana
e. Texas
f. USCG
g. NOAA OLE
h. USFWS
8. Other Business
—Adjourn—
The Law Enforcement Advisory Panel
consists of principal law enforcement
officers in each of the Gulf States, as
well as the NOAA Law Enforcement,
U.S. Fish and Wildlife Service, the U.S.
Coast Guard, and the NOAA General
Counsel for Law Enforcement.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
identified in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Kathy Pereira at the Council Office (see
ADDRESSES), at least 5 working days
prior to the meeting.
Note: The times and sequence specified in
this agenda are subject to change.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 24, 2015.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–04209 Filed 2–27–15; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Notices]
[Pages 11172-11174]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04340]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-819]
Certain Pasta From Italy: Final Results of Countervailing Duty
Administrative Review; 2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) conducted an
administrative review of the countervailing duty (CVD) order on certain
pasta from Italy. On August 25, 2014, we published the Preliminary
Results for this administrative review.\1\ The period of review (POR)
is January 1, 2012 through December 31, 2012. We find that DeMatteis
Agroalimentare S.p.A. (also known as, De Matteis Agroalimentare SpA)
(DeMatteis) received countervailable subsidies during the POR, and that
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.) (DeCecco) received
de minimis countervailable subsidies during the POR. As such, we are
applying DeMatteis' rate to the other firms subject to this review that
were not individually examined.
---------------------------------------------------------------------------
\1\ See Certain Pasta From Italy: Preliminary Results and
Partial Rescission of the Countervailing Duty Administrative Review;
2012, 79 FR 50618 (August 25, 2014) (Preliminary Results).
---------------------------------------------------------------------------
DATES: Effective Date: March 2, 2015.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Joshua Morris, AD/
CVD Operations, Office I, Enforcement and Compliance, U.S. Department
of Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-6478 or (202) 482-1779, respectively.
SUPPLEMENTARY INFORMATION:
Background
In the Preliminary Results, we deferred our analysis of certain
programs to a post-preliminary analysis. On October 30, 2014, we issued
a post-preliminary analysis memorandum.\2\ We invited interested
parties to file case briefs and rebuttal briefs following the release
of the post-preliminary analysis memorandum. Only the Government of
Italy (the GOI) filed a case brief.
---------------------------------------------------------------------------
\2\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Post-Preliminary Analysis of
Countervailing Duty Administrative Review: Certain Pasta from
Italy'' (October 30, 2014).
---------------------------------------------------------------------------
Scope of the Order
The scope of the Order consists of certain pasta from Italy.\3\ The
merchandise subject to the order is
[[Page 11173]]
currently classifiable under items 1901.90.90.95 and 1902.19.20 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the merchandise is dispositive. A full
description of the scope of the Order is contained in the ``Issues and
Decision Memorandum for Final Results of Countervailing Duty
Administrative Review: Certain Pasta from Italy,'' from Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement
and Compliance, dated February 23, 2015 (Issues and Decision
Memorandum), and hereby adopted by this notice.
---------------------------------------------------------------------------
\3\ See Notice of Countervailing Duty Order and Amended Final
Affirmative Countervailing Duty Determination: Certain Pasta
(``Pasta'') From Italy, 61 FR 38544 (July 24, 1996) (Order).
---------------------------------------------------------------------------
The Issues and Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).\4\
ACCESS is available to registered users at https://access.trade.gov and
available to all parties in the Central Records Unit, room 7046 of the
main Department building. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly on the Internet at
https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content. A list of topics discussed in the Issues and Decision
Memorandum is provided in the Appendix to this notice.
---------------------------------------------------------------------------
\4\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from https://iaaccess.trade.gov to https://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------
Methodology
We have conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we determine that there
is a subsidy, i.e., a government-provided financial contribution that
gives rise to a benefit to the recipient, and that the subsidy is
specific.\5\ In making these findings, we have relied, in part, on an
adverse inference in selecting from among the facts otherwise available
because we find that the GOI did not act to the best of its ability to
respond to our requests for information regarding certain programs.\6\
---------------------------------------------------------------------------
\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity. For a
full description of the methodology underlying our conclusions, see
Issues and Decision Memorandum.
\6\ See sections 776(a) and (b) of the Act. For further
discussion, see Issues and Decision Memorandum at ``Use of Facts
Otherwise Available and Adverse Inferences.''
---------------------------------------------------------------------------
DeMatteis reported that it made export sales of pasta to the United
States through an unaffiliated trading company, Agritalia S.r.L.
(Agritalia), during the POR. In the Preliminary Results, we stated our
intent to re-examine the approach we used regarding subsidies to
Agritalia in the Tenth Administrative Review,\7\ and we solicited
comments in that regard.\8\ We received no comments on this issue.
---------------------------------------------------------------------------
\7\ See Certain Pasta from Italy: Preliminary Results of the
Tenth Countervailing Duty Administrative Review, 72 FR 43616, 43622
(August 6, 2007), unchanged in Certain Pasta From Italy: Final
Results of the Tenth (2005) Countervailing Duty Administrative
Review, 73 FR 7251 (February 7, 2008) (collectively, Tenth
Administrative Review).
\8\ See Preliminary Results, 79 FR 50619.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.213(b) and 19 CFR 351.221(b), Agritalia is
not a respondent in this review because a review was not requested for
Agritalia. However, pursuant to 19 CFR 351.525(c), benefits from
subsidies provided to a trading company which exports subject
merchandise shall be cumulated with benefits from subsidies provided to
the firm that is producing the subject merchandise that is sold through
the trading company, regardless of whether the trading company and the
producing firm are affiliated. Thus, for these final results, we are
cumulating the benefits from subsidies received by Agritalia with the
benefits from subsidies received by DeMatteis based on the percentage
of DeMatteis' exports of subject merchandise to the United States that
were made through Agritalia during the POR.\9\
---------------------------------------------------------------------------
\9\ For further discussion, see Issues and Decision Memorandum
at ``Subsidy Valuation Information.''
---------------------------------------------------------------------------
Final Results of the Review
In accordance with 19 CFR 351.221(b)(5), we calculated individual
subsidy rates for the mandatory respondents, DeMatteis and DeCecco.
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 these non-selected respondents,
we assigned the CVD rate calculated for DeMatteis because it is the
only rate calculated in this review that is not de minimis.\10\ As
such, we find the net countervailable subsidy rate for the producers
and/or exporters under review to be as follows:
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\10\ 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).
------------------------------------------------------------------------
Net subsidy
Producer/exporter rate
------------------------------------------------------------------------
DeMatteis Agroalimentare S.p.A. (also known as De 1.72
Matteis Agroalimentare SpA)............................
Fratelli DeCecco di Filippo Fara San Martino S.p.A. * 0.19
(also known as F.lli De Cecco di Filippo Fara San
Martino S.p.A.)........................................
Ghigi Industria Agroalimentare in San Clemente srl...... 1.72
Pasta Granoro S.r.L. (also known as, Pastifico Attilio 1.72
Mastromauro Granoro S.r.L).............................
Valdigrano di Flavio Pagani S.r.L....................... 1.72
------------------------------------------------------------------------
* (De minimis.)
Assessment Rates
Consistent with 19 CFR 351.212(b)(2), we intend to issue assessment
instructions to the U.S. Customs and Border Protection (CBP) fifteen
days after the date of publication of these final results. We will
instruct CBP to assess countervailing duties on POR entries in the
amounts shown above, except for entries of merchandise produced and/or
exported by DeCecco, which will be liquidated without regard to
countervailing duties because its subsidy rate is de minimis.
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, we intend to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown above on shipments of subject merchandise
entered, or withdrawn
[[Page 11174]]
from warehouse, for consumption on or after the date of publication of
the final results of this review, except that cash deposits of zero
percent will be required for entries from DeCecco because its subsidy
rate is de minimis. For all non-reviewed companies (except Barilla G. e
R. F.lli S.p.A. and Gruppo Agricoltura Sana S.r.l., which are excluded
from the order,\11\ and Pasta Lensi S.r.l., which was revoked from the
Order),\12\ we will instruct CBP to continue to collect cash deposits
at the most recent company-specific or all-others rate applicable to
the company. Accordingly, the cash deposit rates that will be applied
to companies covered by the Order, but not examined in this review, are
those established in the most recently completed segment of the
proceeding for each company. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\11\ See Order, 61 FR at 38545.
\12\ See Certain Pasta from Italy: Final Results of the Ninth
Countervailing Duty Administrative Review and Notice of Revocation
of Order, in Part, 71 FR 36318, 36319-36320 (June 26, 2006).
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Administrative Protective Order
This notice serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: February 23, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Use of Facts Otherwise Available and Adverse Inferences
5. Subsidy Valuation Information
6. Analysis of Programs
7. Analysis of Comment: Application of Adverse Facts Available (AFA)
for Sgravi Programs
8. Recommendation
[FR Doc. 2015-04340 Filed 2-27-15; 8:45 am]
BILLING CODE 3510-DS-P
