Certain Pasta From Italy: Amended Final Results of Antidumping Duty Administrative Review; 2013-2014, 12690-12691 [2016-05407]
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Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices
at that exporter’s rate) at the PRC-wide
rate.22
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections
751(a)(2)(C) of the Act: (1) For any
companies listed that have a separate
rate, the cash deposit rate will be that
established in the final results of this
review (except, if the rate is zero or de
minimis, then zero cash deposit will be
required); (2) for previously investigated
or reviewed PRC and non-PRC exporters
not listed that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for
all PRC exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the PRCwide entity; and (4) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also 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 the POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
These preliminary results are being
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(4).
mstockstill on DSK4VPTVN1PROD with NOTICES
Dated: March 2, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum:
1. Summary
2. Case History
3. Scope of the Order
22 Id.
VerDate Sep<11>2014
19:07 Mar 09, 2016
Jkt 238001
4. Discussion of the Methodology
a. Non-Market Economy Status
b. Companies that Did Not Establish Their
Eligibility for a Separate Rate
c. Preliminary Determination of No
Shipments
5. Recommendation
[FR Doc. 2016–05404 Filed 3–9–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta From Italy: Amended
Final Results of Antidumping Duty
Administrative Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is amending the Final
Results 1 of the antidumping duty
administrative review of certain pasta
(pasta) from Italy to correct a ministerial
error. The period of review (POR) is July
1, 2013, through June 30, 2014.
DATES: Effective March 10, 2016.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang, 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.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 10, 2016, the Department
disclosed to interested parties its
calculations for the Final Results.2 On
February 17, 2016, the Department
received a timely filed ministerial error
allegation from La Molisana, S.p.A. (La
Molisana) regarding the Department’s
final margin calculation.3
Period of Review
The POR covered by this review is
July 1, 2013, through June 30, 2014.
1 See Certain Pasta From Italy: Final Results of
Antidumping Duty Administrative Review; 2013–
2014, 81 FR 8043 (February 17, 2016) (Final
Results).
2 See Memorandum to Eric Greynolds, Program
Manager, AD/CVD Operations, Office III from Joy
Zhang, Case Analyst, ‘‘2013–2014 Antidumping
Duty Administrative Review of Certain Pasta from
Italy—Final Results, Sales Analysis Memorandum
for La Molisana,’’ dated February 10, 2016 (Final
Results Calculations).
3 See Letter from La Molisana, ‘‘Certain Pasta
From Italy: A–475–818; Request for Correction of
Clerical Error Pursuant to 17 CFR Section
351.224(f),’’ dated February 16, 2016.
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Frm 00011
Fmt 4703
Sfmt 4703
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.4
Ministerial Errors
Section 751(b) of the Tariff Act of
1930, as amended (‘‘the Act’’), and 19
CFR 351.224(f) defines a ministerial
error as an error ‘‘in addition,
subtraction, or other arithmetic
function, clerical errors resulting from
inaccurate copying, duplication, or the
like, and any other type of unintentional
error which {the Department} considers
ministerial.’’ We analyzed La Molisana’s
ministerial error comments and
determined, in accordance with section
751(h) of the Act and 19 CFR 351.224(e),
that there was a ministerial error in our
margin calculation for La Molisana for
the Final Results. For a complete
discussion of the alleged error, see the
Department’s Ministerial Error
Memorandum.5
In accordance with section 751(h) of
the Act and 19 CFR 351.224(e), we are
amending the Final Results.
Specifically, we are amending the
weighted-average dumping margin for
La Molisana as well as for the
companies that were not selected for
individual examination, who were
assigned the rate determined for La
Molisana.6 The revised weightedaverage dumping margins for the
affected companies are detailed below.
Amended Final Results
As a result of correcting for the
ministerial error, we determined the
following amended weighted-average
dumping margins 7 for the period July 1,
2013, through June 30, 2014:
4 For a full description of the scope of the order,
see the ‘‘Issues and Decision Memorandum for the
Final 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 February 9, 2016 (Issues and
Decision Memorandum) and incorporated herein by
reference.
5 See ‘‘Amended Final Results of the 2013–2014
Administrative Review of the Antidumping Duty
Order on Certain Pasta from Italy: Allegation of
Ministerial Error,’’ dated concurrently with this
notice (‘‘Ministerial Error Memorandum’’).
6 See Final Results, 80 FR at 61362.
7 The margin for the non-examined companies
was based on the calculated weighted-average
E:\FR\FM\10MRN1.SGM
10MRN1
Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices
Producer and/or
exporter
Weighted-average
dumping margin
(percent)
We will disclose the calculations
performed for these amended final
6.43 results to interested parties within five
business days of the date of the
publication of this notice in accordance
with 19 CFR 351.224(b).
We are issuing and publishing this
notice in accordance with sections
751(h) and 777(i)(1) of the Act and 19
0.00 CFR 351.224(e).
La Molisana S.p.A ........
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.
Delverde Industrie
Alimentari S.p.A ........
6.43
6.43
Duty Assessment/Case Deposits
The Department intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
amended final results to liquidate
shipments of subject merchandise
produced and/or exported by
respondents listed above entered, or
withdrawn form warehouse, for
consumption on or after July 1, 2013,
through June 30, 2014.
Pursuant to section 751(a)(2)(C) of the
Act, the Department also intends to
instruct CBP to collect cash deposits of
estimated dumping duties, in the
amounts shown above for each of the
respective companies shown above, on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after February 17,
2016, the date of publication of the
Final Results. For all non-reviewed
firms, we will instruct CBP to continue
to collect cash deposits at the mostrecent 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.
mstockstill on DSK4VPTVN1PROD with NOTICES
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.
margin of La Molisana (the sole mandatory
respondent receiving an above de minimis margin
in these final results).
VerDate Sep<11>2014
17:55 Mar 09, 2016
Disclosure
Jkt 238001
Dated: March 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–05407 Filed 3–9–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–817]
Oil Country Tubular Goods From
Turkey: Notice of Court Decision Not in
Harmony With the Final Determination
of the Countervailing Duty
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 22, 2016, the
United States Court of International
Trade (CIT) sustained 1 the Department
of Commerce’s (the Department) final
results of a redetermination 2 issued
pursuant to the CIT’s remand orders in
Borusan Mannesmann Boru Sanayi Ve
Ticaret A.S. and Borusan Istikbal
Ticaret v. United States, 61 F. Supp. 3d
1306 (CIT April 22, 2015) (Borusan) and
Maverick Tube Corporation v. United
States, Consol. Court No. 14–00229, Slip
Op. 15–59 (CIT June 15, 2015)
(Maverick) 3, with respect to the
Department’s Final Determination of the
countervailing duty (CVD) investigation
of oil country tubular goods from
Turkey.4 Consistent with the decision of
AGENCY:
1 See Maverick Tube Corporation v. United States,
CIT Consol. Court No. 14–00229, Slip Op. 16–16
(February 22, 2016).
2 See Final Results of Remand Redetermination,
Court No. 14–00229, dated August 31, 2015,
available at: https://ia.ita.doc.gov/remands/
(Remand Redetermination).
3 On June 22, 2015, the CIT granted a motion to
consolidate Court No. 14–00214 into Consolidated
Court No. 14–00229.
4 See Certain Oil Country Tubular Goods From
the Republic of Turkey: Final Affirmative
Countervailing Duty Determination and Final
Affirmative Critical Circumstances Determination,
79 FR 41964 (July 18, 2014) (Final Determination).
The Department issued a countervailing duty order
in this proceeding on September 10, 2014. See
Certain Oil Country Tubular Goods From India and
the Republic of Turkey: Countervailing Duty Orders
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
12691
the United States Court of Appeals for
the Federal Circuit (CAFC) in Timken
Co. v. United States, 893 F.2d 337 (Fed.
Cir. 1990) (Timken), as clarified by
Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades), the
Department is notifying the public that
the Court’s final judgment in this case
is not in harmony with the Final
Determination, and that the Department
is amending the Final Determination
with respect to Borusan Mannesmann
Boru Sanayi ve Ticaret A.S. (Borusan),
Toscelik Profil ve Sac Endustrisi A.S.
(Toscelik), and the ‘‘all others’’ rate.
DATES: Effective Date: March 3, 2016.
FOR FURTHER INFORMATION CONTACT:
Peter Zukowski or Nicholas Czajkowski,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC, 20230; telephone (202) 482–0189 or
(202) 482–1395, respectively.
SUPPLEMENTARY INFORMATION:
Background
In Borusan, the CIT remanded for
further consideration the Department’s
finding of distortion in the Turkish hotrolled steel (HRS) market, the
Department’s selection of a HRS
benchmark, and the Department’s
application of facts available with
adverse inferences with respect to
purchases of HRS by the respondent
Borusan. In Maverick, the CIT remanded
issues pertaining to the Department’s
HRS benchmark calculations as well
and, in addition, the Department’s
benchmark valuation for a parcel of land
that the Government of Turkey (GOT)
granted to the respondent Toscelik in
2008 for less than adequate
remuneration (LTAR).
On August 31, 2015, the Department
issued its Remand Redetermination. In
its Remand Redetermination, the
Department, under protest, conducted a
new HRS market analysis consistent
with the Court’s remand order,
determined that under that specific
analysis the HRS market was not
distorted in Turkey, and pursuant to
section 19 CFR 351.511(a)(2)(ii),
determined to use transaction prices in
Turkey as a benchmark to calculate the
benefit from the provision of HRS to
Borusan and Toscelik during the period
of investigation.5 In addition, the
Department revised the benchmark
valuation to calculate the benefit
and Amended Affirmative Final Countervailing
Duty Determination for India, 79 FR 53688
(September 10, 2014) (Order).
5 Remand Redetermination at 18.
E:\FR\FM\10MRN1.SGM
10MRN1
]]>Agencies
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Pages 12690-12691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05407]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Amended Final Results of Antidumping
Duty Administrative Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is amending the
Final Results \1\ of the antidumping duty administrative review of
certain pasta (pasta) from Italy to correct a ministerial error. The
period of review (POR) is July 1, 2013, through June 30, 2014.
---------------------------------------------------------------------------
\1\ See Certain Pasta From Italy: Final Results of Antidumping
Duty Administrative Review; 2013-2014, 81 FR 8043 (February 17,
2016) (Final Results).
---------------------------------------------------------------------------
DATES: Effective March 10, 2016.
FOR FURTHER INFORMATION CONTACT: Joy Zhang, 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.
SUPPLEMENTARY INFORMATION:
Background
On February 10, 2016, the Department disclosed to interested
parties its calculations for the Final Results.\2\ On February 17,
2016, the Department received a timely filed ministerial error
allegation from La Molisana, S.p.A. (La Molisana) regarding the
Department's final margin calculation.\3\
---------------------------------------------------------------------------
\2\ See Memorandum to Eric Greynolds, Program Manager, AD/CVD
Operations, Office III from Joy Zhang, Case Analyst, ``2013-2014
Antidumping Duty Administrative Review of Certain Pasta from Italy--
Final Results, Sales Analysis Memorandum for La Molisana,'' dated
February 10, 2016 (Final Results Calculations).
\3\ See Letter from La Molisana, ``Certain Pasta From Italy: A-
475-818; Request for Correction of Clerical Error Pursuant to 17 CFR
Section 351.224(f),'' dated February 16, 2016.
---------------------------------------------------------------------------
Period of Review
The POR covered by this review is July 1, 2013, through June 30,
2014.
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.\4\
---------------------------------------------------------------------------
\4\ For a full description of the scope of the order, see the
``Issues and Decision Memorandum for the Final 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 February 9, 2016 (Issues and Decision Memorandum)
and incorporated herein by reference.
---------------------------------------------------------------------------
Ministerial Errors
Section 751(b) of the Tariff Act of 1930, as amended (``the Act''),
and 19 CFR 351.224(f) defines a ministerial error as an error ``in
addition, subtraction, or other arithmetic function, clerical errors
resulting from inaccurate copying, duplication, or the like, and any
other type of unintentional error which {the Department{time}
considers ministerial.'' We analyzed La Molisana's ministerial error
comments and determined, in accordance with section 751(h) of the Act
and 19 CFR 351.224(e), that there was a ministerial error in our margin
calculation for La Molisana for the Final Results. For a complete
discussion of the alleged error, see the Department's Ministerial Error
Memorandum.\5\
---------------------------------------------------------------------------
\5\ See ``Amended Final Results of the 2013-2014 Administrative
Review of the Antidumping Duty Order on Certain Pasta from Italy:
Allegation of Ministerial Error,'' dated concurrently with this
notice (``Ministerial Error Memorandum'').
---------------------------------------------------------------------------
In accordance with section 751(h) of the Act and 19 CFR 351.224(e),
we are amending the Final Results. Specifically, we are amending the
weighted-average dumping margin for La Molisana as well as for the
companies that were not selected for individual examination, who were
assigned the rate determined for La Molisana.\6\ The revised weighted-
average dumping margins for the affected companies are detailed below.
---------------------------------------------------------------------------
\6\ See Final Results, 80 FR at 61362.
---------------------------------------------------------------------------
Amended Final Results
As a result of correcting for the ministerial error, we determined
the following amended weighted-average dumping margins \7\ for the
period July 1, 2013, through June 30, 2014:
---------------------------------------------------------------------------
\7\ The margin for the non-examined companies was based on the
calculated weighted-average margin of La Molisana (the sole
mandatory respondent receiving an above de minimis margin in these
final results).
[[Page 12691]]
------------------------------------------------------------------------
Weighted-average
Producer and/or exporter dumping margin
(percent)
------------------------------------------------------------------------
La Molisana S.p.A................................... 6.43
Rummo S.p.A., Lenta Lavorazione, Pasta Castiglioni, 0.00
and Rummo S.p.A. Molino e Pastificio (collectively,
the Rummo Group)...................................
Pastificio Andalini S.p.A........................... 6.43
Delverde Industrie Alimentari S.p.A................. 6.43
------------------------------------------------------------------------
Duty Assessment/Case Deposits
The Department intends to issue assessment instructions to CBP 15
days after the date of publication of these amended final results to
liquidate shipments of subject merchandise produced and/or exported by
respondents listed above entered, or withdrawn form warehouse, for
consumption on or after July 1, 2013, through June 30, 2014.
Pursuant to section 751(a)(2)(C) of the Act, the Department also
intends to instruct CBP to collect cash deposits of estimated dumping
duties, in the amounts shown above for each of the respective companies
shown above, on shipments of subject merchandise entered, or withdrawn
from warehouse, for consumption on or after February 17, 2016, the date
of publication of the Final Results. 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.
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.
Disclosure
We will disclose the calculations performed for these amended final
results to interested parties within five business days of the date of
the publication of this notice in accordance with 19 CFR 351.224(b).
We are issuing and publishing this notice in accordance with
sections 751(h) and 777(i)(1) of the Act and 19 CFR 351.224(e).
Dated: March 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-05407 Filed 3-9-16; 8:45 am]
BILLING CODE 3510-DS-P
