Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2014-2015, 91120-91122 [2016-30324]
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91120
Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices
order from which they were revoked if
the Department finds that the company
has resumed dumping.24 For these
reasons, conducting a CCR pursuant to
section 751(b) of the Act to determine
whether to reinstate Viraj or Venus into
the Order is consistent with the statute
and with the certification that the
respondents signed as a precondition to
their conditional revocation.25
Period of Changed Circumstances
Review
The Department intends to request
data from Viraj and Venus for the July
1, 2015, through June 30, 2016, period
to determine whether it should reinstate
the Order with respect to these
companies because they resumed
dumping.
Public Comment
The Department intends to publish in
the Federal Register a notice of
preliminary results of CCR in
accordance with 19 CFR 351.221(b)(4)
and 351.221(c)(3)(i), which will set forth
the Department’s preliminary factual
and legal conclusions. Pursuant to 19
CFR 351.221(b)(4)(ii), interested parties
will have an opportunity to comment on
the preliminary results. Unless
otherwise extended, the Department
intends to issue its final results of
review in accordance with the time
limits set forth in 19 CFR 351.216(e).
This notice is published in
accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR
351.221(b) of the Department’s
regulations.
Dated: December 12, 2016.
Christian Marsh,
Deputy Assistant Secretary, for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2016–30323 Filed 12–15–16; 8:45 am]
BILLING CODE 3510–DS–P
24 See
Revocation Final Rule, 77 FR at 29882.
e.g., Sahaviriya, 649 F.3d at 1380;
Initiation of Antidumping Duty Changed
Circumstances Review: Certain Hot-Rolled Carbon
Steel Flat Products from Thailand, 73 FR 18766,
18769 (April 7, 2008); see also Viraj Revocation, 69
FR at 55411 (‘‘Viraj provided each of the
certifications required under 19 CFR 351.222(e)
. . . {including} an agreement to immediate
reinstatement of the order if the Department
concludes that the company, subsequent to the
revocation, sold subject merchandise at less than
NV.’’); see also Venus Revocation, 76 at 56402–3
(‘‘the company has agreed to immediate
reinstatement of the order if we find that it has
resumed making sales at less than fair value’’). See
also Changed Circumstances Review Initiation
Checklist at Exhibit 6 for copies of the respondents’
agreements.
mstockstill on DSK3G9T082PROD with NOTICES
25 See,
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta From Italy: Final Results
of Antidumping Duty Administrative
Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
On August 12, 2016, the
Department of Commerce (the
Department) published the preliminary
results of the antidumping duty
administrative review of certain pasta
(pasta) from Italy. The period of review
(POR) is July 1, 2014, through June 30,
2015. As a result of our analysis of the
comments and information received,
these final results differ from the
Preliminary Results with respect to
Industria Alimentare Colavita S.p.A.
(Indalco) and Liguori Pastificio Dal 1820
(Liguori). For the final weighted-average
dumping margins, see the ‘‘Final Results
of Review’’ section below.
SUMMARY:
DATES:
Effective December 16, 2016.
Joy
Zhang (Liguori) or George McMahon
(Indalco), 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:
SUPPLEMENTARY INFORMATION:
Background
On August 12, 2016, the Department
of Commerce (the Department)
published the Preliminary Results.1 In
accordance with 19 CFR
351.309(c)(1)(ii), we invited parties to
comment on our Preliminary Results.
On September 7, 2016, Liguori
submitted a request for a hearing, which
was withdrawn on October 6, 2016.2 On
August 31, 2016, the Department
revised the briefing schedule.3 On
1 See Certain Pasta From Italy: Preliminary
Results of Antidumping Duty Administrative
Review; 2014–2015, 81 FR 53404 (August 12, 2016)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Liguori’s letter titled, ‘‘Hearing Request of
Liguori Pastificio dal 1820 S.p.A.,’’ dated
September 7, 2016. See also Liguori’s letter titled,
‘‘Certain Pasta from Italy: Withdrawal of Hearing
Request of Liguori Pastificio dal 1820 S.p.A.,’’ dated
October 6, 2016.
3 See the Department’s Memorandum to All
Interested Parties titled, ‘‘Postponement of Briefing
Schedule,’’ dated August 31, 2016.
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Fmt 4703
Sfmt 4703
September 19, 2016, Petitioners,4
Indalco, and Liguori submitted their
case briefs. On September 26, 2016,
Petitioners, Indalco, and Liguori
submitted their rebuttal briefs.
Scope of the Order
Imports covered by the order are
shipments of certain non-egg dry pasta.
The merchandise subject to review is
currently classifiable under items
1901.90.90.95 and 1902.19.20 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to the order is dispositive.5
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Issues and Decision Memorandum.
A list of the issues that parties raised
and to which we responded is attached
to this notice as an Appendix. The
Issues and 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 in the
Central Records Unit (CRU), room
B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we have recalculated Indalco
and Liguori’s weighted-average
dumping margins.6 As a result of the
4 Petitioners consist of New World Pasta
Company, American Italian Pasta Company and
Dakota Growers Pasta Company.
5 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; 2014–2015’’ from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, dated concurrently with this notice
(Issues and Decision Memorandum) and
incorporated herein by reference.
6 See Issues and Decision Memorandum; see also
Memorandum to the File, Through Eric B.
Greynolds, Program Manager, Office III, from Joy
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Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices
recalculation of the rates for Indalco and
Liguori, the weighted-average dumping
margin for the non-selected companies
has changed.
Final Results of the Review
As a result of this review, the
Department calculated a weightedaverage dumping margin of 1.20 percent
for Indalco and 10.79 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,
4.00 percent, to the 19 non-selected
companies in these final results, as
referenced below.7
Weightedaverage
dumping
margin
(percent)
Producer and/or exporter
Industria Alimentare Colavita S.p.A. (Indalco) ....................................................................................................................................
Liguori Pastificio Dal 1820 (Liguori) ....................................................................................................................................................
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) ..........................................................................................................................................
Duty Assessment
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The Department shall determine and
Customs and Border Protection (CBP)
shall assess antidumping duties on all
appropriate entries.8 For any
individually examined respondents
whose weighted-average dumping
margin is above de minimis, we
calculated importer-specific ad valorem
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). Upon issuance of the final
results of this administrative review, if
any importer-specific assessment rates
calculated in the final results are above
de minimis (i.e., at or above 0.5 percent),
the Department will issue instructions
directly to CBP to assess antidumping
duties on appropriate entries.
We intend to issue assessment
instructions directly to CBP 15 days
Zhang, Case Analyst, Office III, titled ‘‘Certain Pasta
from Italy: Calculation Memorandum—Liguori,’’
dated concurrently with this notice, and
Memorandum to the File, Through Eric B.
Greynolds, Program Manager, Office III, from
George McMahon, Case Analyst, Office III, titled
‘‘Certain Pasta from Italy: Calculation
Memorandum—Indalco,’’ dated concurrently with
this notice.
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18:42 Dec 15, 2016
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after publication of the final results of
this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication of the final results of this
administrative review, as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rate for respondents noted above
will be the rate established in the final
results of this administrative review; (2)
for merchandise exported by
manufacturers or exporters not covered
in this administrative review but
covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company specific rate
published for the most recently
completed segment of this proceeding;
7 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.
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91121
1.20
10.79
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
(3) if the exporter is not a firm covered
in this review, a prior review, or the
original investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the manufacturer of the
subject merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 15.45
percent, the all-others rate established
in the antidumping investigation as
modified by the section 129
determination. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping and/or
countervailing duties prior to
8 In these final results, the Department applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices
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 and/or
countervailing duties occurred and the
subsequent assessment of doubled
antidumping duties.
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.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h).
mstockstill on DSK3G9T082PROD with NOTICES
Appendix—List of Topics Discussed in
the Final Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. List of Comments
V. Analysis of Comments
Indalco
Comment 1: General and Administrative
(G&A) Expense Ratio
Comment 2: Interest Expense Ratio
Comment 3: Cost of Goods Sold for G&A
and Interest Expense Ratios
Comment 4: Adjustment to the Cost of
Manufacturing
Comment 5: Correct Assessment Rate
Comment 6: Level of Trade
Liguori
Comment 7: Depreciation of Idled Asset
Comment 8: Semolina Costs
Comment 9: Home Market Inland Freight
Comment 10: Shape Classification
VI. Recommendation
BILLING CODE 3510–DS–P
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(‘‘the Department’’) has received
requests to conduct administrative
reviews of various antidumping and
countervailing duty orders and findings
with October anniversary dates. In
accordance with the Department’s
regulations, we are initiating those
administrative reviews.
SUMMARY:
DATES:
Effective December 16, 2016.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Waters, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230, telephone: (202) 482–4735.
SUPPLEMENTARY INFORMATION:
Background
Dated: December 12, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–30324 Filed 12–15–16; 8:45 am]
DEPARTMENT OF COMMERCE
The Department has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various antidumping and countervailing
duty orders and findings with October
anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
the Department discussed below refer to
the number of calendar days from the
applicable starting time.
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (‘‘POR’’), it must notify the
Department within 30 days of
publication of this notice in the Federal
Register. All submissions must be filed
electronically at https://access.trade.gov
in accordance with 19 CFR 351.303.1
Such submissions are subject to
verification in accordance with section
782(i) of the Tariff Act of 1930, as
amended (‘‘the Act’’). Further, in
accordance with 19 CFR 351.303(f)(1)(i),
a copy must be served on every party on
the Department’s service list.
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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Respondent Selection
In the event the Department limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, the
Department intends to select
respondents based on U.S. Customs and
Border Protection (‘‘CBP’’) data for U.S.
imports during the period of review. We
intend to place the CBP data on the
record within five days of publication of
the initiation notice and to make our
decision regarding respondent selection
within 30 days of publication of the
initiation Federal Register notice.
Comments regarding the CBP data and
respondent selection should be
submitted seven days after the
placement of the CBP data on the record
of this review. Parties wishing to submit
rebuttal comments should submit those
comments five days after the deadline
for the initial comments.
In the event the Department decides
it is necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, the Department has found
that determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, the Department
will not conduct collapsing analyses at
the respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this antidumping
proceeding (i.e., investigation,
administrative review, new shipper
review or changed circumstances
review). For any company subject to this
review, if the Department determined,
or continued to treat, that company as
collapsed with others, the Department
will assume that such companies
continue to operate in the same manner
and will collapse them for respondent
selection purposes. Otherwise, the
Department will not collapse companies
for purposes of respondent selection.
Parties are requested to (a) identify
which companies subject to review
previously were collapsed, and (b)
provide a citation to the proceeding in
which they were collapsed. Further, if
companies are requested to complete
the Quantity and Value (‘‘Q&V’’)
Questionnaire for purposes of
respondent selection, in general each
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]]>Agencies
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91120-91122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30324]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Final Results of Antidumping Duty
Administrative Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 12, 2016, the Department of Commerce (the
Department) published the preliminary results of the antidumping duty
administrative review of certain pasta (pasta) from Italy. The period
of review (POR) is July 1, 2014, through June 30, 2015. As a result of
our analysis of the comments and information received, these final
results differ from the Preliminary Results with respect to Industria
Alimentare Colavita S.p.A. (Indalco) and Liguori Pastificio Dal 1820
(Liguori). For the final weighted-average dumping margins, see the
``Final Results of Review'' section below.
DATES: Effective December 16, 2016.
FOR FURTHER INFORMATION CONTACT: Joy Zhang (Liguori) or George McMahon
(Indalco), 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.
SUPPLEMENTARY INFORMATION:
Background
On August 12, 2016, the Department of Commerce (the Department)
published the Preliminary Results.\1\ In accordance with 19 CFR
351.309(c)(1)(ii), we invited parties to comment on our Preliminary
Results. On September 7, 2016, Liguori submitted a request for a
hearing, which was withdrawn on October 6, 2016.\2\ On August 31, 2016,
the Department revised the briefing schedule.\3\ On September 19, 2016,
Petitioners,\4\ Indalco, and Liguori submitted their case briefs. On
September 26, 2016, Petitioners, Indalco, and Liguori submitted their
rebuttal briefs.
---------------------------------------------------------------------------
\1\ See Certain Pasta From Italy: Preliminary Results of
Antidumping Duty Administrative Review; 2014-2015, 81 FR 53404
(August 12, 2016) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Liguori's letter titled, ``Hearing Request of Liguori
Pastificio dal 1820 S.p.A.,'' dated September 7, 2016. See also
Liguori's letter titled, ``Certain Pasta from Italy: Withdrawal of
Hearing Request of Liguori Pastificio dal 1820 S.p.A.,'' dated
October 6, 2016.
\3\ See the Department's Memorandum to All Interested Parties
titled, ``Postponement of Briefing Schedule,'' dated August 31,
2016.
\4\ Petitioners consist of New World Pasta Company, American
Italian Pasta Company and Dakota Growers Pasta Company.
---------------------------------------------------------------------------
Scope of the Order
Imports covered by the order are shipments of certain non-egg dry
pasta. The merchandise subject to review is currently classifiable
under items 1901.90.90.95 and 1902.19.20 of the Harmonized Tariff
Schedule of the United States (HTSUS). Although the HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the merchandise subject to the order is dispositive.\5\
---------------------------------------------------------------------------
\5\ For a full description of the scope of the order, see the
``Issues and Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review and Partial Rescission:
Certain Pasta from Italy; 2014-2015'' from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, dated concurrently with this notice (Issues and Decision
Memorandum) and incorporated herein by reference.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum. A list of the issues that parties raised and to which we
responded is attached to this notice as an Appendix. The Issues and
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 in the Central Records
Unit (CRU), room B8024 of the main Department of Commerce building. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the
electronic versions of the Issues and Decision Memorandum are identical
in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we have
recalculated Indalco and Liguori's weighted-average dumping margins.\6\
As a result of the
[[Page 91121]]
recalculation of the rates for Indalco and Liguori, the weighted-
average dumping margin for the non-selected companies has changed.
---------------------------------------------------------------------------
\6\ See Issues and Decision Memorandum; see also Memorandum to
the File, Through Eric B. Greynolds, Program Manager, Office III,
from Joy Zhang, Case Analyst, Office III, titled ``Certain Pasta
from Italy: Calculation Memorandum--Liguori,'' dated concurrently
with this notice, and Memorandum to the File, Through Eric B.
Greynolds, Program Manager, Office III, from George McMahon, Case
Analyst, Office III, titled ``Certain Pasta from Italy: Calculation
Memorandum--Indalco,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Final Results of the Review
As a result of this review, the Department calculated a weighted-
average dumping margin of 1.20 percent for Indalco and 10.79 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, 4.00 percent, to the 19 non-selected
companies in these final results, as referenced below.\7\
---------------------------------------------------------------------------
\7\ 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).......... 1.20
Liguori Pastificio Dal 1820 (Liguori)................... 10.79
Agritalia S.r.L. (Agritalia)............................ 4.00
Atar S.r.L. (Atar)...................................... 4.00
Corticella Molini e Pastifici S.p.A. (Corticella)....... 4.00
Delverde Industrie Alimentari S.p.A. (Delverde)......... 4.00
Domenico Paone fu Erasmo S.p.A. (Domenico).............. 4.00
F. Divella S.p.A. (F. Divella).......................... 4.00
La Fabbrica della Pasta di Gragnano S.a.s. di Antonio 4.00
Moccia (La Fabbrica)...................................
Molino e Pastificio Tomasello S.r.L. (Tomasello)........ 4.00
P.A.P SNC DI Pazienza G.B. & C. (P.A.P)................. 4.00
Pasta Zara S.p.A. (Pasta Zara).......................... 4.00
Pastificio Carmine Russo S.p.A. (Carmine)............... 4.00
Pastificio DiMartino Gaetano & F. Ili S.r.L. (DiMartino) 4.00
Pastificio Fabianelli S.p.A. (Fabianelli)............... 4.00
Pastificio Felicetti S.r.L. (Felicetti)................. 4.00
Pastificio Labor S.r.L. (Labor)......................... 4.00
Pastificio Riscossa F. Ili Mastromauro S.p.A. (AKA 4.00
Pastificio Riscossa F. Ili. Mastromauro S.r.L.)
(Riscossa).............................................
Poiatti S.p.A. (Poiatti)................................ 4.00
Premiato Pastificio Afreltra S.r.L. (Premiato).......... 4.00
Rustichella d'Abruzzo S.p.A. (Rustichella).............. 4.00
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Duty Assessment
The Department shall determine and Customs and Border Protection
(CBP) shall assess antidumping duties on all appropriate entries.\8\
For any individually examined respondents whose weighted-average
dumping margin is above de minimis, we calculated importer-specific ad
valorem 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). Upon issuance of the final results of this
administrative review, if any importer-specific assessment rates
calculated in the final results are above de minimis (i.e., at or above
0.5 percent), the Department will issue instructions directly to CBP to
assess antidumping duties on appropriate entries.
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\8\ In these final results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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We intend to issue assessment instructions directly to CBP 15 days
after publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section 751(a)(2)
of the Act: (1) The cash deposit rate for respondents noted above will
be the rate established in the final results of this administrative
review; (2) for merchandise exported by manufacturers or exporters not
covered in this administrative review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company
specific rate published for the most recently completed segment of this
proceeding; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation, but the manufacturer is,
the cash deposit rate will be the rate established for the most
recently completed segment of this proceeding for the manufacturer of
the subject merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 15.45 percent, the all-
others rate established in the antidumping investigation as modified by
the section 129 determination. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping and/or countervailing duties prior to
[[Page 91122]]
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 and/or countervailing duties occurred and
the subsequent assessment of doubled antidumping duties.
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.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).
Dated: December 12, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Final Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. List of Comments
V. Analysis of Comments
Indalco
Comment 1: General and Administrative (G&A) Expense Ratio
Comment 2: Interest Expense Ratio
Comment 3: Cost of Goods Sold for G&A and Interest Expense
Ratios
Comment 4: Adjustment to the Cost of Manufacturing
Comment 5: Correct Assessment Rate
Comment 6: Level of Trade
Liguori
Comment 7: Depreciation of Idled Asset
Comment 8: Semolina Costs
Comment 9: Home Market Inland Freight
Comment 10: Shape Classification
VI. Recommendation
[FR Doc. 2016-30324 Filed 12-15-16; 8:45 am]
BILLING CODE 3510-DS-P
