Certain Pasta From Italy: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 53404-53406 [2016-19129]
Download as PDF
<![CDATA[
mstockstill on DSK3G9T082PROD with NOTICES
53404
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
Background
The Middle Class Tax Relief and Job
Creation Act of 2012 (Pub. L. 112–96,
Title VI, 126 Stat. 156 (codified at 47
U.S.C. 1401 et seq.)) (the ‘‘Act’’) created
and authorized FirstNet to take all
actions necessary to ensure the building,
deployment, and operation of an
interoperable, nationwide public safety
broadband network (‘‘NPSBN’’) based
on a single, national network
architecture. The Act meets a
longstanding and critical national
infrastructure need, to create a single,
nationwide network that will, for the
first time, allow police officers, fire
fighters, emergency medical service
professionals, and other public safety
entities to effectively communicate with
each other across agencies and
jurisdictions. The NPSBN is intended to
enhance the ability of the public safety
community to perform more reliably,
effectively, and safely; increase
situational awareness during an
emergency; and improve the ability of
the public safety community to
effectively engage in those critical
activities.
The National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4347)
(‘‘NEPA’’) requires federal agencies to
undertake an assessment of
environmental effects of their proposed
actions prior to making a final decision
and implementing the action. NEPA
requirements apply to any federal
project, decision, or action that may
have a significant impact on the quality
of the human environment. NEPA also
establishes the Council on
Environmental Quality (‘‘CEQ’’), which
issued regulations implementing the
procedural provisions of NEPA (see 40
CFR parts 1500–1508). Among other
considerations, CEQ regulations at 40
CFR 1508.28 recommend the use of
tiering from a ‘‘broader environmental
impact statement (such as a national
program or policy statements) with
subsequent narrower statements or
environmental analysis (such as
regional or basin wide statements or
ultimately site-specific statements)
incorporating by reference the general
discussions and concentrating solely on
the issues specific to the statement
subsequently prepared.’’
Due to the geographic scope of
FirstNet (all 50 states, the District of
Columbia, and five territories) and the
diversity of ecosystems potentially
traversed by the project, FirstNet has
elected to prepare five regional PEISs.
The five PEISs were divided into the
East, Central, West, South, and NonContiguous Regions. The Central Region
consists of Colorado, Illinois, Indiana,
VerDate Sep<11>2014
18:42 Aug 11, 2016
Jkt 238001
Iowa, Kansas, Michigan, Minnesota,
Missouri, Montana, Nebraska, North
Dakota, Ohio, South Dakota, Utah,
Wisconsin, and Wyoming. The Draft
PEIS analyzes potential impacts of the
deployment and operation of the
NPSBN on the natural and human
environment in the Central Region, in
accordance with FirstNet’s
responsibilities under NEPA.
DATES:
Next Steps
Background
On September 2, 2015, the
Department published a notice of
initiation of an administrative review of
the antidumping order on pasta from
Italy.1 On December 24, 2015, the
Department rescinded the instant
review, in part, with respect to La
Molisana SpA., Pasta Lensi S.r.L.,
Pastificio Andalini S.p.A., Azienda
Agricola Casina Rossa di De Laurentiis
Nicola, Pastificio Bolognese of Angelo
R. Dicuonzo, I Sapori dell’Arca S.r.l., La
Romagna S.r.l., Ser.com.snc, and Vero
Lucano S.r.l.2
As explained in the memorandum
from the Acting Assistant Secretary for
Enforcement and Compliance, the
Department exercised its discretion to
toll all administrative deadlines due to
a closure of the Federal Government. As
a result, the revised deadline for the
preliminary results of this review was
April 7, 2016.3 On March 17, 2016, the
Department extended the deadline for
the preliminary results to August 5,
2016.
All comments received by the public
and any interested stakeholders will be
evaluated and considered by FirstNet
during the preparation of the Final PEIS.
Once a PEIS is completed and a Record
of Decision (ROD) is signed, FirstNet
will evaluate site-specific
documentation, as network design is
developed, to determine if the proposed
project has been adequately evaluated in
the PEIS or warrants a Categorical
Exclusion, an Environmental
Assessment, or an Environmental
Impact Statement.
Dated: August 9, 2016.
Genevieve Walker,
Director of Environmental Compliance, First
Responder Network Authority.
[FR Doc. 2016–19265 Filed 8–11–16; 8:45 am]
BILLING CODE 3510–TL–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta From Italy: Preliminary
Results of Antidumping Duty
Administrative Review; 2014–2015
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, covering the
period July 1, 2014, through June 30,
2015. The initiation of the instant
review covered 31 companies, and we
have partially rescinded the review with
respect to nine companies, as discussed
below. Thus, this review covers two
mandatory respondents, Industria
Alimentare Colavita S.p.A. (Indalco)
and Liguori Pastificio Dal 1820
(Liguori), and 19 non-selected
companies. We preliminarily determine
that Indalco and Liguori 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.
AGENCY:
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Effective August 12, 2016.
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.
FOR FURTHER INFORMATION CONTACT:
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
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
53106 (September 2, 2015) (Initiation Notice).
2 See Certain Pasta From Italy: Notice of Partial
Rescission of Antidumping Duty Administrative
Review, 80 FR 80320 (December 24, 2015).
3 See Memorandum to the Record from Ron
Lorentzen, Acting Assistant Secretary for
Enforcement & Compliance, regarding ‘‘Tolling of
Administrative Deadlines As a Result of the
Government Closure During Snowstorm ‘Jonas,’ ’’
dated January 27, 2016. If the new deadline falls on
a non-business day, in accordance with the
Department’s practice, the deadline will become the
next business day.
4 For a full description of the scope of the order,
see the ‘‘Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative
Review: Certain Pasta From Italy; 2014–2015,’’ from
Christian Marsh, Deputy Assistant Secretary for
E:\FR\FM\12AUN1.SGM
12AUN1
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
Methodology
The Department is conducting 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
mstockstill on DSK3G9T082PROD with NOTICES
As a result of this review, the
Department calculated a weightedaverage dumping margin of 2.14 percent
for Indalco and 5.74 percent for Liguori
for the period July 1, 2014, through June
30, 2015. Therefore, in accordance with
section 735(c)(5)(A) of the Act, the
Department assigned the weightedaverage of these two calculated
weighted-average dumping margins,
3.19 percent, to the 19 non-selected
companies in these preliminary results,
as referenced below.5
Antidumping and Countervailing Duty Operations,
to Ronald Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, dated concurrently
with this notice (Preliminary Decision
Memorandum).
5 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, 2014,
through June 30, 2015. See Memorandum to the File
titled, ‘‘Certain Pasta From Italy: Margin for
Respondents Not Selected for Individual
Examination,’’ dated concurrently with this notice.
VerDate Sep<11>2014
18:42 Aug 11, 2016
Jkt 238001
Producer and/or exporter
Industria Alimentare Colavita
S.p.A. (Indalco) ........................
Liguori Pastificio Dal 1820
(Liguori) 6 .................................
Agritalia S.r.L. (Agritalia) .............
Atar S.r.L. (Atar) ..........................
Corticella Molini e Pastifici S.p.A.
(Corticella) ...............................
Delverde Industrie Alimentari
S.p.A. (Delverde) .....................
Domenico Paone fu Erasmo
S.p.A. (Domenico) ...................
F. Divella S.p.A. (F. Divella) .......
La Fabbrica della Pasta di
Gragnano S.a.s. di Antonio
Moccia (La Fabbrica) ..............
Molino e Pastificio Tomasello
S.r.L. (Tomasello) ....................
P.A.P SNC DI Pazienza G.B. &
C. (P.A.P) ................................
Pasta Zara S.p.A. (Pasta Zara) ..
Pastificio Carmine Russo S.p.A.
(Carmine) .................................
Pastificio DiMartino Gaetano &
F. Ili S.r.L. (DiMartino) .............
Pastificio Fabianelli S.p.A.
(Fabianelli) ...............................
Pastificio Felicetti S.r.L. (Felicetti)
Pastificio Labor S.r.L. (Labor) .....
Pastificio Riscossa F. Ili
Mastromauro S.p.A. (AKA
Pastificio Riscossa F. Ili.
Mastromauro S.r.L.)
(Riscossa) ................................
Poiatti S.p.A. (Poiatti) ..................
Premiato Pastificio Afreltra S.r. L.
(Premiato) ................................
Rustichella d’Abruzzo S.p.A.
(Rustichella) .............................
Weightedaverage
dumping
margin
(percent)
2.14
5.74
3.19
3.19
3.19
3.19
3.19
3.19
3.19
3.19
3.19
3.19
3.19
3.19
3.19
3.19
3.19
3.19
3.19
3.19
3.19
Assessment Rate
Upon issuance of the final results, the
Department shall determine, and CBP
shall assess, antidumping duties on all
6 The Department previously found that Liguori
and PAM are affiliated and calculated a margin for
the consolidated entity. See, e.g., Notice of
Preliminary Results And Partial Rescission Of
Antidumping Duty Administrative Review And
Intent To Revoke The Antidumping Duty Order In
Part, 66 FR 34414 (June 28, 2001) unchanged in
Notice of Final Results of Antidumping Duty
Administrative Review, Partial Rescission of
Antidumping Duty Administrative Review and
Revocation of Antidumping Duty Order in Part:
Certain Pasta From Italy, 67 FR 300 (January 3,
2002). In the instant review, Liguori reported that
PAM ceased its operations as of October 24, 2014,
and that PAM did not make any sales of subject
merchandise to the United States during the POR.
See Liguori’s Section A questionnaire response
dated December 4, 2015 at 2. We intend to followup with Customs and Border Protection (CBP)
concerning Liguori’s statement subsequent to these
preliminary results and to allow interested parties
an opportunity to comment on any information
received from CBP. Therefore, for purposes of these
preliminary results, we have preliminarily assigned
PAM the same rate as Liguori, rather than making
a preliminary no shipments determination with
respect to PAM.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
53405
appropriate entries covered by this
review. If the weighted-average
dumping margin for Indalco or Liguori
is not zero or de minimis (i.e., less than
0.5 percent), we will calculate importerspecific 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 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 importerspecific 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.
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 producers
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 producer is, the cash deposit rate
E:\FR\FM\12AUN1.SGM
12AUN1
53406
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other producers 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.7 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
mstockstill on DSK3G9T082PROD with NOTICES
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.8 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.9 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.10 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.11
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
7 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).
8 See 19 CFR 351.224(b).
9 See 19 CFR 351.309(d).
10 See 19 CFR 351.310(c).
11 See 19 CFR 351.310.
VerDate Sep<11>2014
18:42 Aug 11, 2016
Jkt 238001
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: August 5, 2016.
Ronald 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
Normal Value
A. Home Market Viability
B. Level of Trade
C. Sales to Affiliated Customers
D. Cost of Production Analysis
1. Calculation of Cost of Production
2. Test of Home Market Prices
3. Results of the COP Test
E. Calculation of Normal Value Based on
Comparison Market Prices
F. Price-to-CV Comparison
G. Constructed Value
Margins for Companies Not Selected for
Individual Examination
Currency Conversion
5. Recommendation
[FR Doc. 2016–19129 Filed 8–11–16; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[A–602–809]
Certain Hot-Rolled Steel Flat Products
From Australia: Final Determination of
Sales at Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
determines that certain hot-rolled steel
flat products from Australia are being,
or are likely to be, sold in the United
States at less than fair value. The period
of investigation is July 1, 2014, through
June 30, 2015. The final estimated
weighted-average dumping margins are
listed below in the ‘‘Final
Determination’’ section of this notice.
DATES: Effective August 12, 2016.
FOR FURTHER INFORMATION CONTACT:
Frances Veith, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4295.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department of Commerce (the
‘‘Department’’) published the
preliminary determination on March 22,
2016.1 A summary of the events that
occurred since the Department
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the final Issues and Decision
Memorandum.2
Scope of the Investigation
The products covered by this
investigation are certain hot-rolled steel
flat products (‘‘hot-rolled steel’’) from
Australia. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix II of this notice.
1 See Certain Hot-Rolled Steel Flat Products from
Australia: Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination, 81 FR 15241 (March 22, 2016)
(‘‘Preliminary Determination’’) and accompanying
Preliminary Decision Memorandum.
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Antidumping Duty
Investigation of Certain Hot-Rolled Steel Flat
Products from Australia,’’ (‘‘Issues and Decision
Memorandum’’), dated concurrently with this
determination and hereby adopted by this notice.
E:\FR\FM\12AUN1.SGM
12AUN1
]]>Agencies
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53404-53406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19129]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Preliminary Results of Antidumping Duty
Administrative Review; 2014-2015
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, covering the period July 1, 2014, through June 30, 2015. The
initiation of the instant review covered 31 companies, and we have
partially rescinded the review with respect to nine companies, as
discussed below. Thus, this review covers two mandatory respondents,
Industria Alimentare Colavita S.p.A. (Indalco) and Liguori Pastificio
Dal 1820 (Liguori), and 19 non-selected companies. We preliminarily
determine that Indalco and Liguori 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 August 12, 2016.
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.
Background
On September 2, 2015, the Department published a notice of
initiation of an administrative review of the antidumping order on
pasta from Italy.\1\ On December 24, 2015, the Department rescinded the
instant review, in part, with respect to La Molisana SpA., Pasta Lensi
S.r.L., Pastificio Andalini S.p.A., Azienda Agricola Casina Rossa di De
Laurentiis Nicola, Pastificio Bolognese of Angelo R. Dicuonzo, I Sapori
dell'Arca S.r.l., La Romagna S.r.l., Ser.com.snc, and Vero Lucano
S.r.l.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 80 FR 53106 (September 2, 2015) (Initiation
Notice).
\2\ See Certain Pasta From Italy: Notice of Partial Rescission
of Antidumping Duty Administrative Review, 80 FR 80320 (December 24,
2015).
---------------------------------------------------------------------------
As explained in the memorandum from the Acting Assistant Secretary
for Enforcement and Compliance, the Department exercised its discretion
to toll all administrative deadlines due to a closure of the Federal
Government. As a result, the revised deadline for the preliminary
results of this review was April 7, 2016.\3\ On March 17, 2016, the
Department extended the deadline for the preliminary results to August
5, 2016.
---------------------------------------------------------------------------
\3\ See Memorandum to the Record from Ron Lorentzen, Acting
Assistant Secretary for Enforcement & Compliance, regarding
``Tolling of Administrative Deadlines As a Result of the Government
Closure During Snowstorm `Jonas,' '' dated January 27, 2016. If the
new deadline falls on a non-business day, in accordance with the
Department's practice, the deadline will become the next business
day.
---------------------------------------------------------------------------
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
``Decision Memorandum for the Preliminary Results of Antidumping
Duty Administrative Review: Certain Pasta From Italy; 2014-2015,''
from Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald Lorentzen, Acting
Assistant Secretary for Enforcement and Compliance, dated
concurrently with this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
[[Page 53405]]
Methodology
The Department is conducting 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, the Department calculated a weighted-
average dumping margin of 2.14 percent for Indalco and 5.74 percent for
Liguori for the period July 1, 2014, through June 30, 2015. Therefore,
in accordance with section 735(c)(5)(A) of the Act, the Department
assigned the weighted-average of these two calculated weighted-average
dumping margins, 3.19 percent, to the 19 non-selected companies in
these preliminary results, as referenced below.\5\
---------------------------------------------------------------------------
\5\ 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, 2014, through
June 30, 2015. See Memorandum to the File titled, ``Certain Pasta
From Italy: Margin for Respondents Not Selected for Individual
Examination,'' dated concurrently with this notice.
------------------------------------------------------------------------
Weighted-
average
Producer and/or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Industria Alimentare Colavita S.p.A. (Indalco)............... 2.14
Liguori Pastificio Dal 1820 (Liguori) \6\.................... 5.74
Agritalia S.r.L. (Agritalia)................................. 3.19
Atar S.r.L. (Atar)........................................... 3.19
Corticella Molini e Pastifici S.p.A. (Corticella)............ 3.19
Delverde Industrie Alimentari S.p.A. (Delverde).............. 3.19
Domenico Paone fu Erasmo S.p.A. (Domenico)................... 3.19
F. Divella S.p.A. (F. Divella)............................... 3.19
La Fabbrica della Pasta di Gragnano S.a.s. di Antonio Moccia 3.19
(La Fabbrica)...............................................
Molino e Pastificio Tomasello S.r.L. (Tomasello)............. 3.19
P.A.P SNC DI Pazienza G.B. & C. (P.A.P)...................... 3.19
Pasta Zara S.p.A. (Pasta Zara)............................... 3.19
Pastificio Carmine Russo S.p.A. (Carmine).................... 3.19
Pastificio DiMartino Gaetano & F. Ili S.r.L. (DiMartino)..... 3.19
Pastificio Fabianelli S.p.A. (Fabianelli).................... 3.19
Pastificio Felicetti S.r.L. (Felicetti)...................... 3.19
Pastificio Labor S.r.L. (Labor).............................. 3.19
Pastificio Riscossa F. Ili Mastromauro S.p.A. (AKA Pastificio 3.19
Riscossa F. Ili. Mastromauro S.r.L.) (Riscossa).............
Poiatti S.p.A. (Poiatti)..................................... 3.19
Premiato Pastificio Afreltra S.r. L. (Premiato).............. 3.19
Rustichella d'Abruzzo S.p.A. (Rustichella)................... 3.19
------------------------------------------------------------------------
Assessment Rate
Upon issuance of the final results, the Department shall determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review. If the weighted-average dumping margin for
Indalco or Liguori 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 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.
---------------------------------------------------------------------------
\6\ The Department previously found that Liguori and PAM are
affiliated and calculated a margin for the consolidated entity. See,
e.g., Notice of Preliminary Results And Partial Rescission Of
Antidumping Duty Administrative Review And Intent To Revoke The
Antidumping Duty Order In Part, 66 FR 34414 (June 28, 2001)
unchanged in Notice of Final Results of Antidumping Duty
Administrative Review, Partial Rescission of Antidumping Duty
Administrative Review and Revocation of Antidumping Duty Order in
Part: Certain Pasta From Italy, 67 FR 300 (January 3, 2002). In the
instant review, Liguori reported that PAM ceased its operations as
of October 24, 2014, and that PAM did not make any sales of subject
merchandise to the United States during the POR. See Liguori's
Section A questionnaire response dated December 4, 2015 at 2. We
intend to follow-up with Customs and Border Protection (CBP)
concerning Liguori's statement subsequent to these preliminary
results and to allow interested parties an opportunity to comment on
any information received from CBP. Therefore, for purposes of these
preliminary results, we have preliminarily assigned PAM the same
rate as Liguori, rather than making a preliminary no shipments
determination with respect to PAM.
---------------------------------------------------------------------------
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.
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 producers 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 producer is, the
cash deposit rate
[[Page 53406]]
will be the rate established for the most recently completed segment of
this proceeding for the producer of the subject merchandise; and (4)
the cash deposit rate for all other producers 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.\7\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\7\ 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.\8\
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.\9\ 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.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.224(b).
\9\ 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.\10\ 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.\11\
Parties should confirm by telephone the date, time, and location of the
hearing.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.310(c).
\11\ 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: August 5, 2016.
Ronald 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
Normal Value
A. Home Market Viability
B. Level of Trade
C. Sales to Affiliated Customers
D. Cost of Production Analysis
1. Calculation of Cost of Production
2. Test of Home Market Prices
3. Results of the COP Test
E. Calculation of Normal Value Based on Comparison Market Prices
F. Price-to-CV Comparison
G. Constructed Value
Margins for Companies Not Selected for Individual Examination
Currency Conversion
5. Recommendation
[FR Doc. 2016-19129 Filed 8-11-16; 8:45 am]
BILLING CODE 3510-DS-P
