Certain Pasta From Italy: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 53404-53406 [2016-19129]

Download as PDF 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 http://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 http://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]


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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\
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    \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\
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    \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).

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[[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 http://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 http://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, 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\
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    \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.
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    \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.
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    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.
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    \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).
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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.
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    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(d).
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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, 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.
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    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310.
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    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