Certain Pasta From Italy: Preliminary Results of Countervailing Duty Administrative Review, Rescission in Part, and Preliminary Intent To Rescind in Part; 2013, 47900-47902 [2015-19613]

Agencies

[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Notices]
[Pages 47900-47902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19613]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-819]


Certain Pasta From Italy: Preliminary Results of Countervailing 
Duty Administrative Review, Rescission in Part, and Preliminary Intent 
To Rescind in Part; 2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the countervailing duty (CVD) order on certain 
pasta (pasta) from Italy. The period of review (POR) is January 1, 
2013, through December 31, 2013. We preliminarily find that DeMatteis 
Agroalimentare S.p.A. (DeMatteis) (also known as, DeMatteis 
Agroalimentare SpA) and La Molisana S.p.A. received countervailable 
subsidies during the POR. We are rescinding the review with respect to 
Industria Alimentare Filiberto Bianconi 1947 S.p.A. (Bianconi) and 
Delverde Industrie Alimentari S.p.A. (Delverde), as both companies 
timely withdrew their requests for review. For reasons discussed below, 
the Department preliminarily intends to rescind the review, in part, 
with respect to La Molisana Industrie Alimentari S.p.A. (LMIA). 
Interested parties are invited to comment on these preliminary results.

DATES: Effective date: August 10, 2015.

FOR FURTHER INFORMATION CONTACT: Jennifer Meek or Joseph Shuler, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2778 and (202) 482-1293, respectively.

Scope of the Order

    The scope of the order consists of certain pasta from Italy. The 
merchandise subject to the order is currently classifiable under items 
1901.90.90.95 and 1902.19.20 of the Harmonized Tariff Schedule of the 
United States (HTSUS). Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise subject to the order is dispositive. A full description of 
the scope of the order is contained in the ``Decision Memorandum for 
Preliminary Results of Countervailing Duty Administrative Review: 
Certain Pasta from Italy,'' from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to Ronald 
K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, dated July 31, 2015 (Preliminary Decision Memorandum), and 
hereby adopted by this notice.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
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 http://trade.gov/enforcement/. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content. A list of topics discussed in the Preliminary Decision 
Memorandum is provided in the Appendix to this notice.

Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
program found countervailable, we preliminarily determine that there is 
a countervailable subsidy, i.e., a government-provided financial 
contribution that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\1\
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    \1\ 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.
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    In making the preliminary findings, we relied, in part, on an 
adverse inference in selecting from among the facts available in 
accordance with

[[Page 47901]]

sections 776(a) and (b) of the Act because we find that the Government 
of Italy did not act to the best of its ability to respond to the 
Department's requests for information.\2\ For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum.
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    \2\ For further information, see ``Use of Facts Otherwise 
Available and Adverse Inferences'' in the Preliminary Decision 
Memorandum.
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Partial Rescission

    As discussed in the Preliminary Decision Memorandum, the companies 
Bianconi, and Delverde timely withdrew their requests for 
administrative review of themselves. No other parties requested reviews 
of these companies. The Department, pursuant to 19 CFR 351.213(d)(1), 
is therefore rescinding this administrative review with respect to 
Bianconi and Delverde.

Preliminary Intent To Rescind

    We initiated a review for LMIA. However, as explained in the 
Preliminary Decision Memorandum, the record demonstrates that LMIA 
ceased operations prior to the POR. Moreover, La Molisana reported that 
all entries under either company name (La Molisana or LMIA) were of 
subject merchandise produced and exported by La Molisana. Accordingly, 
because we find that LMIA was not operational during the POR, and made 
no entries of subject merchandise during the POR, we preliminarily 
intend to rescind the review with respect to LMIA.

Preliminary Results of the Review

    In accordance with section 751(a)(1)(A) of the Act and 19 CFR 
351.221(b)(4)(i), we calculated individual subsidy rates for De Matteis 
and La Molisana for the period January 1, 2013, through December 31, 
2013. We preliminarily find that the net subsidy rates for DeMatteis 
and La Molisana are as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
DeMatteis Agroalimentare S.p.A..........................            2.12
La Molisana, SpA........................................            0.32
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Disclosure and Public Comment

    The Department intends to disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice.\3\ Interested parties may submit case 
briefs no later than 30 days after the day on which these preliminary 
results are published in the Federal Register.\4\ Rebuttal briefs, 
which must be limited to issues raised in case briefs, may be submitted 
by no later than five days after the deadline for case briefs.\5\ 
Parties who submit case briefs or rebuttal briefs in this proceeding 
should submit with each argument: (1) A statement of the issue; (2) a 
brief summary of the argument; and (3) a table of authorities.\6\ The 
summary of the argument should be limited to five pages total, 
including footnotes.
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    \3\ See 19 CFR 351.224(b).
    \4\ See 19 CFR 351.309(c)(1)(ii).
    \5\ See 19 CFR 351.309(d).
    \6\ See 19 CFR 351.309(c)(2) and (d)(2).
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    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 within 30 days after the date 
of publication of this notice.\7\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. Issues raised in the hearing will 
be limited to those raised in the briefs.\8\ If a request for a hearing 
is made, the Department intends to hold the hearing at the U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, on a date and at a time and location to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
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    \7\ See 19 CFR 351.310(c).
    \8\ Id.
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS.\9\ An electronically filed documents must 
be received successfully in their entirety by the Department's 
electronic records system, ACCESS, by 5 p.m. Eastern Time (ET) on the 
due date. Documents excepted from the electronic submission 
requirements must be filed manually (i.e. in paper form) with the APO/
Dockets Unit in Room 18022 and stamped with the date and time of 
receipt by 5 p.m. ET on the due date.\10\
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    \9\ See generally 19 CFR 351.303.
    \10\ See Antidumping and Countervailing Duty proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedure, 76 FR 39263 (July 6, 2011).
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, the Department intends to issue the final results of this 
administrative review, including our analysis of and responses to 
issues raised by the parties in their comments, within 120 days after 
publishing these preliminary results.

Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), we assigned a subsidy 
rate for the producer/exporter subject to this administrative review. 
Upon issuance of the final results, the Department shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, countervailing 
duties on all appropriate entries covered by this review. We intend to 
issue instructions to CBP 15 days after publication of the final 
results of this review.
    For the rescinded companies, countervailing duties shall be 
assessed at rates equal to the cash deposit of estimated countervailing 
duties required at the time of entry, or withdrawal from warehouse, for 
consumption, during the period January 1, 2013, through December 31, 
2013, in accordance with 19 CFR 351.212(c)(1)(i). The Department 
intends to issue appropriate assessment instructions directly to CBP 15 
days after publication of this notice.

Cash Deposit Requirements

    Also in accordance with section 751(a)(2)(C) of the Act, the 
Department intends to instruct CBP to collect cash deposits of 
estimated countervailing duties in the amount shown above for De 
Matteis and La Molisana, on shipments of subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this review. For all non-reviewed 
firms, we will instruct CBP to continue to collect cash deposits at the 
most-recent company-specific or all-others rate applicable to the 
company, as appropriate. These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 
351.221(b)(4).

    Dated: July 31, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

A. Summary
B. Background
C. Scope of the Order
D. Partial Rescission of the Administrative Review
E. Use of Facts Otherwise Available and Adverse Inferences
F. Loan Benchmarks and Discount Rates
G. Subsidy Valuation Information
H. Analysis of Programs

[[Page 47902]]

I. Recommendation

[FR Doc. 2015-19613 Filed 8-7-15; 8:45 am]
 BILLING CODE 3510-DS-P