Certain Pasta From Italy: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 47467-47469 [2015-19481]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–002]
Chloropicrin From the People’s
Republic of China: Final Results of the
Expedited Sunset Review of the
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 1, 2015, the
Department of Commerce (‘‘the
Department’’) initiated a sunset review
of the antidumping duty order on
chloropicrin from the People’s Republic
of China (‘‘PRC’’) 1 pursuant to section
751(c) of the Tariff Act of 1930, as
amended (‘‘the Act’’). Based on the
notice of intent to participate and
adequate response filed by the domestic
interested parties, and the lack of
response from any respondent
interested party, the Department
conducted an expedited sunset review
of the Order pursuant. As a result of this
sunset review, the Department finds that
revocation of the Order would likely
lead to continuation or recurrence of
dumping, at the levels indicated in the
‘‘Final Results of Sunset Review’’’
section of this notice.
DATES: Effective date: August 7, 2015.
FOR FURTHER INFORMATION CONTACT:
Howard Smith, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–5193.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
Background
On April 1, 2015, the Department
initiated a sunset review of the order on
chloropicrin from the PRC pursuant to
section 751(c) of the Act.2 On April 15,
2015, the Department received a timely
notice of intent to participate in the
sunset review from Ashta Chemicals,
Inc. (‘‘Ashta’’), Niklor Chemical
Company, Inc. (‘‘Niklor’’), and Trinity
Manufacturing, Inc. (‘‘Trinity’’),
domestic interested parties, pursuant to
19 CFR 351.218(d)(1)(i). On May 1,
2015, Ashta, Niklor, and Trinity filed a
timely substantive response with the
Department pursuant to 19 CFR
351.218(d)(3)(i) . The Department did
not receive a substantive response from
1 See Antidumping Duty Order; Chloropicrin from
the People’s Republic of China, 49 FR 10691 (March
22, 1984) (‘‘Order’’).
2 See Initiation of Five-year (‘‘Sunset’’) Review, 80
FR 17388 (April 1, 2015).
VerDate Sep<11>2014
18:24 Aug 06, 2015
Jkt 235001
any respondent interested party. As a
result, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), the Department
conducted an expedited sunset review
of the Order.
Scope of the Order
The merchandise subject to the
antidumping duty order is chloropicrin,
also known as trichloronitromethane. A
major use of the product is as a preplant soil fumigant (pesticide). Such
merchandise is currently classifiable
under Harmonized Tariff Schedule
(‘‘HTS’’) item number 2904.90.50.05.3
The HTS item number is provided for
convenience and customs purposes. The
written description remains dispositive.
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the ‘‘Issues and
Decision Memorandum for the
Expedited Sunset Review of the
Antidumping Duty Order on
Chloropicrin from the People’s Republic
of China’’ from Christian Marsh, Deputy
Assistant Secretary for Antidumping
and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for
Enforcement and Compliance, dated
concurrently with, and hereby adopted
by, this notice (‘‘Decision
Memorandum’’). The issues discussed
in the Decision Memorandum include
the likelihood of continuation or
recurrence of dumping and the
magnitude of the margins likely to
prevail if the Order were to be revoked.
Parties may find a complete discussion
of all issues raised in the review and the
corresponding recommendations in this
public memorandum which is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Services System (‘‘ACCESS’’).
ACCESS is available to registered users
at https://access.trade.gov and is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Decision Memorandum is available
directly on the Web at https://
enforcement.trade.gov/frn/.
The signed Decision Memorandum and
the electronic versions of the Decision
Memorandum are identical in content.
Final Results of Sunset Review
Pursuant to Section 752(c)(3) of the
Act, the Department determines that
revocation of the Order would be likely
3 In 2004, a new HTS category was developed and
identified specifically for imports of chloropicrin,
i.e., 2904.90.50.05. Previously, the HTS category
that included chloropicrin was 2904.90.50.
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
47467
to lead to continuation or recurrence of
dumping at weighted average margins
up to 58.00 percent.
Notification Regarding Administrative
Protective Orders
This notice also serves as the only
reminder to parties subject to
administrative protective order
(‘‘APO’’’) of their responsibility
concerning the return or destruction of
proprietary information disclosed under
APO in accordance with 19 CFR
351.305. Timely 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 these
results and notice in accordance with
sections 751(c), 752, and 777(i)(1) of the
Act and 19 CFR 351.218.
Dated: July 29, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–19480 Filed 8–6–15; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta From Italy: Preliminary
Results of Antidumping Duty
Administrative Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (the Department) is
conducting an administrative review of
the antidumping duty order on certain
pasta (pasta) from Italy,1 covering the
period July 1, 2013, through June 30,
2014. The initiation of the instant
review 2 covered six companies, and we
have partially rescinded the review with
respect to two companies, as discussed
below.3 Thus, this review covers four
companies: The mandatory respondents,
La Molisana S.p.A. (La Molisana) and
AGENCY:
1 See Notice of Antidumping Duty Order and
Amended Final Determination of Sales at Less
Than Fair Value: Certain Pasta from Italy, 61 FR
38547 (July 24, 1996).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 79 FR
51548 (August 29, 2014) (Initiation Notice).
3 See Certain Pasta from Italy: Notice of Partial
Rescission of Antidumping Duty Administrative
Review, 80 FR 4541 (January 28, 2015) (Partial
Rescission).
E:\FR\FM\07AUN1.SGM
07AUN1
47468
Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices
Rummo S.p.A. Molino e Pastificio (the
Rummo Group),4 and Pastificio
Andalini S.p.A. (Andalini) and Delverde
Industrie Alimentari S.p.A. (Delverde),
which were not selected for individual
examination. We preliminarily
determine that La Molisana and the
Rummo Group made sales of subject
merchandise at less than normal value
during the period of review (POR).
Interested parties are invited to
comment on these preliminary results.
DATES: Effective date: August 7, 2015.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang 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) 482–1168 or (202) 482–
1167, respectively.
Scope of the Order
Imports covered by the order are
shipments of certain non-egg dry pasta.
The merchandise subject to review is
currently classifiable under items
1901.90.90.95 and 1902.19.20 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to the order is dispositive.5
Partial Rescission of the 2013–2014
Administrative Review
On October 10, 2014, and November
25, 2014, respectively, Dalla Costa
Alimentare srl (Dalla Costa) and Pasta
Lensi S.r.l. (Pasta Lensi) timely
withdrew their requests for an
administrative review.6 In accordance
with 19 CFR 351.213(d)(1),7 and
consistent with our practice,8 we
rescinded this review, in part, with
respect to Dalla Costa and Pasta Lensi.9
SUPPLEMENTARY INFORMATION:
Methodology
The Department conducted this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Constructed export
price or export price is calculated in
accordance with section 772 of the Act.
Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
preliminary results, see Preliminary
Decision Memorandum dated
concurrently with this notice and
hereby adopted by this notice. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and is
available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the Internet at
https://enforcement.trade.gov/frn/
index.html. The signed Preliminary
Decision Memorandum and the
electronic version of the Preliminary
Decision Memorandum are identical in
content.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine the following
weighted-average dumping margins10
for the period July 1, 2013, through June
30, 2014:
Weightedaverage dumping
margin
(percent)
Producer and/or exporter
La Molisana S.p.A. (La Molisana) .................................................................................................................................................
Rummo S.p.A., Lenta Lavorazione, Pasta Castiglioni, and Rummo S.p.A. Molino e Pastificio (collectively, the Rummo
Group) ........................................................................................................................................................................................
Pastificio Andalini S.p.A. (Andalini) ...............................................................................................................................................
Delverde Industrie Alimentari S.p.A. (Delverde) ...........................................................................................................................
Assessment Rate
tkelley on DSK3SPTVN1PROD with NOTICES
Upon issuance of the final results, the
Department shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review. If the weighted-average
4 The Rummo Group consists of Rummo S.p.A.,
Lenta Lavorazione, Pasta Castiglioni, and Rummo
S.p.A. Molino e Pastificio. In this review, we found
that the facts have not changed with respect to
Rummo and its affiliates and therefore, we followed
the same methodology as we did in the most recent
completed review (AR 17) by collapsing the
affiliated companies as the Rummo Group. See
Certain Pasta From Italy: Notice of Final Results of
17th Antidumping Duty Administrative Review;
2012-2013, 80 FR 8604 (February 18, 2015) (AR 17
Final Results).
5 For a full description of the scope of the order,
see the ‘‘Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative
Review and Partial Rescission: Certain Pasta from
Italy; 2013–2014’’ from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
VerDate Sep<11>2014
18:24 Aug 06, 2015
Jkt 235001
12.90
1.18
8.91
8.91
dumping margin for La Molisana or the
Rummo Group is not zero or de minimis
(i.e., less than 0.5 percent), we will
calculate importer-specific ad valorem
antidumping duty assessment rates
based on the ratio of the total amount of
dumping calculated for the importer’s
examined sales to the total entered
value of those same sales in accordance
with 19 CFR 351.212(b)(1). We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate calculated in
Compliance, dated concurrently with this notice
(Preliminary Decision Memorandum).
6 See Letter from Dalla Costa to the Department,
‘‘Antidumping Duty Administrative Review of
Certain 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.
7 Under 19 CFR 351.213(d)(1), the Department
will rescind an administrative review ‘‘if a party
that requested the review withdraws the request
within 90 days of the date of publication of notice
of initiation of the requested review.’’ The instant
review was initiated on August 29, 2014. Therefore,
the deadline to withdraw review requests was
November 27, 2014. Thus, the Dalla Costa and Pasta
Lensi withdrawal requests are timely.
8 See, e.g., Brass Sheet and Strip from Germany:
Notice of Rescission of Antidumping Duty
Administrative Review, 73 FR 49170 (August 20,
2008); see also Certain Lined Paper Products from
India: Notice of Partial Rescission of Antidumping
Duty Administrative Review and Extension of Time
Limit for the Preliminary Results of Antidumping
Duty Administrative Review, 74 FR 21781 (May 11,
2009).
9 See Partial Rescission.
10 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, 2013,
through June 30, 2014. See Memorandum to the
File, titled, ‘‘Certain Pasta from Italy: Margin for
Respondents Not Selected for Individual
Examination,’’ from Joy Zhang and George
McMahon, Case Analysts, through Eric B.
Greynolds, Program Manager, dated concurrently
with this notice.
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
E:\FR\FM\07AUN1.SGM
07AUN1
Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices
the final results of this review is not
zero or de minimis. Where either the
respondent’s weighted-average dumping
margin is zero or de minimis, or an
importer-specific assessment rate is zero
or de minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
The final results of this review shall be
the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review where applicable.
In accordance with the Department’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by each respondent
for which they did not know that their
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction. For a full discussion of
this clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
tkelley on DSK3SPTVN1PROD with NOTICES
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
VerDate Sep<11>2014
18:24 Aug 06, 2015
Jkt 235001
determination.11 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
The Department will disclose to
parties to this proceeding the
calculations performed in reaching the
preliminary results within five days of
the date of publication of these
preliminary results.12 Pursuant to 19
CFR 351.309(c), interested parties may
submit cases briefs not later than 30
days after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
filing case briefs.13 Parties who submit
comments are requested to submit: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities. All briefs must be
filed electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety by
the Department’s electronic records
system, ACCESS.
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s ACCESS
system within 30 days of publication of
this notice.14 Requests should contain
the party’s name, address, and
telephone number, the number of
participants, and a list of the issues to
be discussed. If a request for a hearing
is made, we will inform parties of the
scheduled date for the hearing which
will be held at the U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230, at
a time and location to be determined.15
Parties should confirm by telephone the
date, time, and location of the hearing.
Unless the deadline is extended
pursuant to section 751(a)(2)(B)(iv) of
the Act, the Department will issue the
final results of this administrative
review, including the results of our
analysis of the issues raised by the
parties in their case briefs, within 120
days after issuance of these preliminary
results.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
11 See Implementation of the Findings of the WTO
Panel in US—Zeroing (EC): Notice of
Determinations Under Section 129 of the Uruguay
Round Agreements Act and Revocations and Partial
Revocations of Certain Antidumping Duty Orders,
72 FR 25261 (May 4, 2007).
12 See 19 CFR 351.224(b).
13 See 19 CFR 351.309(d).
14 See 19 CFR 351.310(c).
15 See 19 CFR 351.310.
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
47469
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and increase the subsequent
assessment of the antidumping duties
by the amount of antidumping duties
reimbursed.
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: July 31, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of Methodology
Date of Sale
Comparisons to Normal Value
Product Comparisons
Determination of Comparison Method
Results of the Differential Pricing (DP)
Analysis
Export Price
Constructed Export Price
Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production
D. Calculation of Cost of Production
E. Test of Home Market Prices
F. Results of the COP Test
Margins for Companies Not Selected
for Individual Examination
Currency Conversion
5. Recommendation
[FR Doc. 2015–19481 Filed 8–6–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–827]
Cased Pencils From the People’s
Republic of China: Initiation of
Antidumping Duty New Shipper
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 29, 2015, the
Department of Commerce (the
Department) received a timely request
for a new shipper review (NSR) from
AGENCY:
E:\FR\FM\07AUN1.SGM
07AUN1
]]>Agencies
[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Notices]
[Pages 47467-47469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19481]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Preliminary Results of Antidumping Duty
Administrative Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (the Department) is conducting an administrative
review of the antidumping duty order on certain pasta (pasta) from
Italy,\1\ covering the period July 1, 2013, through June 30, 2014. The
initiation of the instant review \2\ covered six companies, and we have
partially rescinded the review with respect to two companies, as
discussed below.\3\ Thus, this review covers four companies: The
mandatory respondents, La Molisana S.p.A. (La Molisana) and
[[Page 47468]]
Rummo S.p.A. Molino e Pastificio (the Rummo Group),\4\ and Pastificio
Andalini S.p.A. (Andalini) and Delverde Industrie Alimentari S.p.A.
(Delverde), which were not selected for individual examination. We
preliminarily determine that La Molisana and the Rummo Group made sales
of subject merchandise at less than normal value during the period of
review (POR). Interested parties are invited to comment on these
preliminary results.
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Order and Amended Final
Determination of Sales at Less Than Fair Value: Certain Pasta from
Italy, 61 FR 38547 (July 24, 1996).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 79 FR 51548 (August 29, 2014) (Initiation
Notice).
\3\ See Certain Pasta from Italy: Notice of Partial Rescission
of Antidumping Duty Administrative Review, 80 FR 4541 (January 28,
2015) (Partial Rescission).
\4\ The Rummo Group consists of Rummo S.p.A., Lenta Lavorazione,
Pasta Castiglioni, and Rummo S.p.A. Molino e Pastificio. In this
review, we found that the facts have not changed with respect to
Rummo and its affiliates and therefore, we followed the same
methodology as we did in the most recent completed review (AR 17) by
collapsing the affiliated companies as the Rummo Group. See Certain
Pasta From Italy: Notice of Final Results of 17th Antidumping Duty
Administrative Review; 2012-2013, 80 FR 8604 (February 18, 2015) (AR
17 Final Results).
---------------------------------------------------------------------------
DATES: Effective date: August 7, 2015.
FOR FURTHER INFORMATION CONTACT: Joy Zhang 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-
1168 or (202) 482-1167, respectively.
Scope of the Order
Imports covered by the order are shipments of certain non-egg dry
pasta. The merchandise subject to review is currently classifiable
under items 1901.90.90.95 and 1902.19.20 of the Harmonized Tariff
Schedule of the United States (HTSUS). Although the HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the merchandise subject to the order is dispositive.\5\
---------------------------------------------------------------------------
\5\ For a full description of the scope of the order, see the
``Decision Memorandum for the Preliminary Results of Antidumping
Duty Administrative Review and Partial Rescission: Certain Pasta
from Italy; 2013-2014'' 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 (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Partial Rescission of the 2013-2014 Administrative Review
On October 10, 2014, and November 25, 2014, respectively, Dalla
Costa Alimentare srl (Dalla Costa) and Pasta Lensi S.r.l. (Pasta Lensi)
timely withdrew their requests for an administrative review.\6\ In
accordance with 19 CFR 351.213(d)(1),\7\ and consistent with our
practice,\8\ we rescinded this review, in part, with respect to Dalla
Costa and Pasta Lensi.\9\
---------------------------------------------------------------------------
\6\ See Letter from Dalla Costa to the Department, ``Antidumping
Duty Administrative Review of Certain 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.
\7\ Under 19 CFR 351.213(d)(1), the Department will rescind an
administrative review ``if a party that requested the review
withdraws the request within 90 days of the date of publication of
notice of initiation of the requested review.'' The instant review
was initiated on August 29, 2014. Therefore, the deadline to
withdraw review requests was November 27, 2014. Thus, the Dalla
Costa and Pasta Lensi withdrawal requests are timely.
\8\ See, e.g., Brass Sheet and Strip from Germany: Notice of
Rescission of Antidumping Duty Administrative Review, 73 FR 49170
(August 20, 2008); see also Certain Lined Paper Products from India:
Notice of Partial Rescission of Antidumping Duty Administrative
Review and Extension of Time Limit for the Preliminary Results of
Antidumping Duty Administrative Review, 74 FR 21781 (May 11, 2009).
\9\ See Partial Rescission.
SUPPLEMENTARY INFORMATION:
Methodology
The Department conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed
export price or export price is calculated in accordance with section
772 of the Act. Normal value is calculated in accordance with section
773 of the Act. For a full description of the methodology underlying
our preliminary results, see Preliminary Decision Memorandum dated
concurrently with this notice and hereby adopted by this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
is available to all parties in the Central Records Unit, room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
on the Internet at https://enforcement.trade.gov/frn/. The
signed Preliminary Decision Memorandum and the electronic version of
the Preliminary Decision Memorandum are identical in content.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins\10\ for the period July 1,
2013, through June 30, 2014:
---------------------------------------------------------------------------
\10\ 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, 2013, through
June 30, 2014. See Memorandum to the File, titled, ``Certain Pasta
from Italy: Margin for Respondents Not Selected for Individual
Examination,'' from Joy Zhang and George McMahon, Case Analysts,
through Eric B. Greynolds, Program Manager, dated concurrently with
this notice.
------------------------------------------------------------------------
Weighted- average
Producer and/or exporter dumping margin
(percent)
------------------------------------------------------------------------
La Molisana S.p.A. (La Molisana)..................... 12.90
Rummo S.p.A., Lenta Lavorazione, Pasta Castiglioni, 1.18
and Rummo S.p.A. Molino e Pastificio (collectively,
the Rummo Group)....................................
Pastificio Andalini S.p.A. (Andalini)................ 8.91
Delverde Industrie Alimentari S.p.A. (Delverde)...... 8.91
------------------------------------------------------------------------
Assessment Rate
Upon issuance of the final results, the Department shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. If the
weighted-average dumping margin for La Molisana or the Rummo Group is
not zero or de minimis (i.e., less than 0.5 percent), we will calculate
importer-specific ad valorem antidumping duty assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate calculated in
[[Page 47469]]
the final results of this review is not zero or de minimis. Where
either the respondent's weighted-average dumping margin is zero or de
minimis, or an importer-specific assessment rate is zero or de minimis,
we will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties. The final results of this review shall be
the basis for the assessment of antidumping duties on entries of
merchandise covered by the final results of this review where
applicable.
In accordance with the Department's ``automatic assessment''
practice, for entries of subject merchandise during the POR produced by
each respondent for which they did not know that their merchandise was
destined for the United States, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction. For a full
discussion of this clarification, see Antidumping and Countervailing
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6,
2003).
We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section 751(a)(2)
of the Act: (1) The cash deposit rate for respondents noted above will
be the rate established in the final results of this administrative
review; (2) for merchandise exported by manufacturers or exporters not
covered in this administrative review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation, but the manufacturer is,
the cash deposit rate will be the rate established for the most
recently completed segment of this proceeding for the manufacturer of
the subject merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 15.45 percent, the all-
others rate established in the antidumping investigation as modified by
the section 129 determination.\11\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\11\ See Implementation of the Findings of the WTO Panel in US--
Zeroing (EC): Notice of Determinations Under Section 129 of the
Uruguay Round Agreements Act and Revocations and Partial Revocations
of Certain Antidumping Duty Orders, 72 FR 25261 (May 4, 2007).
---------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\12\
Pursuant to 19 CFR 351.309(c), interested parties may submit cases
briefs not later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\13\ Parties who submit comments are requested to submit: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities. All briefs must be filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety by the Department's electronic records system, ACCESS.
---------------------------------------------------------------------------
\12\ See 19 CFR 351.224(b).
\13\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\14\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, we will inform
parties of the scheduled date for the hearing which will be held at the
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230, at a time and location to be determined.\15\
Parties should confirm by telephone the date, time, and location of the
hearing.
---------------------------------------------------------------------------
\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310.
---------------------------------------------------------------------------
Unless the deadline is extended pursuant to section
751(a)(2)(B)(iv) of the Act, the Department will issue the final
results of this administrative review, including the results of our
analysis of the issues raised by the parties in their case briefs,
within 120 days after issuance of these preliminary results.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and increase the
subsequent assessment of the antidumping duties by the amount of
antidumping duties reimbursed.
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: July 31, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of Methodology
Date of Sale
Comparisons to Normal Value
Product Comparisons
Determination of Comparison Method
Results of the Differential Pricing (DP) Analysis
Export Price
Constructed Export Price
Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production
D. Calculation of Cost of Production
E. Test of Home Market Prices
F. Results of the COP Test
Margins for Companies Not Selected for Individual Examination
Currency Conversion
5. Recommendation
[FR Doc. 2015-19481 Filed 8-6-15; 8:45 am]
BILLING CODE 3510-DS-P
