Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2015-2016, 57428-57430 [2017-26165]
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Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Notices
As a result of the
determination by the Department of
Commerce (the Department) and the
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) and countervailing duty (CVD)
orders on high pressure steel cylinders
(Steel Cylinders) from the People’s
Republic of China (PRC) would likely
lead to a continuation or recurrence of
dumping and countervailable subsidies
and material injury to an industry in the
United States, the Department is
publishing a notice of continuation of
the AD and CVD orders.
DATES: Applicable December 5, 2017.
FOR FURTHER INFORMATION CONTACT:
Mark Kennedy, AD/CVD Operations,
Office I, or Paul Walker, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–7883 and (202) 482–0413,
respectively.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Background
sradovich on DSK3GMQ082PROD with NOTICES
On June 21, 2012, the Department
published in the Federal Register the
AD and CVD orders on Steel Cylinders
from the PRC.1 On May 1, 2017, the
Department published the notice of
initiation of the first sunset reviews of
the AD and CVD orders on Steel
Cylinders 2 from the PRC pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act). On May 1, 2017,
the ITC instituted its review of the
orders.3
As a result of these expedited sunset
reviews, the Department determined
that revocation of the AD order on Steel
Cylinders from the PRC would likely
lead to continuation or recurrence of
dumping, and that revocation of the
CVD order on Steel Cylinders from the
PRC would likely lead to continuation
or recurrence of of countervailable
subsidies. The Department, therefore,
notified the ITC of the magnitude of the
dumping margins and countervailable
subsidy rates likely to prevail should
the AD and CVD orders be revoked.4
1 See High Pressure Steel Cylinders from the
People’s Republic of China: Antidumping Duty
Order, 77 FR 37377 (June 21, 2012) (AD Order); see
also High Pressure Steel Cylinders from the People’s
Republic of China: Countervailing Duty Order, 77
FR 37384 (June 21, 2012) (CVD Order).
2 See Initiation of Five-Year ‘‘Sunset’’ Review, 82
FR 20314 (May 1, 2017).
3 See High Pressure Steel Cylinders from China,
82 FR 20373 (May 1, 2017).
4 See High Pressure Steel Cylinders from the
People’s Republic of China: Final Results of the
Expedited First Sunset Review of the Antidumping
Duty Order, 82 FR 41607 (September 1, 2017); see
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18:13 Dec 04, 2017
Jkt 244001
On November 3, 2017, pursuant to
sections 751(c) and 752(a) of the Act,
the ITC published a notice of its
determination that revocation of the AD
and CVD orders on Steel Cylinders
would likely lead to continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time.5
Scope of the Orders
The merchandise covered by these
orders is seamless steel cylinders
designed for storage or transport of
compressed or liquefied gas (high
pressure steel cylinders). High pressure
steel cylinders are fabricated of chrome
alloy steel including, but not limited to,
chromium-molybdenum steel or
chromium magnesium steel, and have
permanently impressed into the steel,
either before or after importation, the
symbol of a U.S. Department of
Transportation, Pipeline and Hazardous
Materials Safety Administration (DOT)approved high pressure steel cylinder
manufacturer, as well as an approved
DOT type marking of DOT 3A, 3AX,
3AA, 3AAX, 3B, 3E, 3HT, 3T, or DOT–
E (followed by a specific exemption
number) in accordance with the
requirements of sections 178.36 through
178.68 of Title 49 of the Code of Federal
Regulations, or any subsequent
amendments thereof. High pressure
steel cylinders covered by these
investigations have a water capacity up
to 450 liters, and a gas capacity ranging
from 8 to 702 cubic feet, regardless of
corresponding service pressure levels
and regardless of physical dimensions,
finish or coatings.
Excluded from the scope of these
orders are high pressure steel cylinders
manufactured to UN–ISO–9809–1 and 2
specifications and permanently
impressed with ISO or UN symbols.
Also excluded from the investigation are
acetylene cylinders, with or without
internal porous mass, and permanently
impressed with 8A or 8AL in
accordance with DOT regulations.
Merchandise covered by these orders
is classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under subheading 7311.00.00.30.
Subject merchandise may also enter
under HTSUS subheadings
7311.00.00.60 or 7311.00.00.90.
Although the HTSUS subheadings are
also High Pressure Steel Cylinders from the People’s
Republic of China: Final Results of Expedited
Sunset Review of the Countervailing Duty Order, 82
FR 41936 (September 5, 2017).
5 See High Pressure Steel Cylinders from China,
82 FR 51290 (November 3, 2017) and ITC
Publication titled Steel Cylinders from the PRC:
Investigation No. 701–480 (First Review) (October
31, 2017).
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provided for convenience and customs
purposes, the written description of the
merchandise under the investigation is
dispositive.
Continuation of the Orders
As a result of the determinations by
the Department and the ITC that
revocation of the AD and CVD orders
would likely lead to continuation or
recurrence of dumping and
countervailable subsidies and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.218(a), the
Department hereby orders the
continuation of the AD and CVD orders
on Steel Cylinders from the PRC.
U.S. Customs and Border Protection
will continue to collect AD and CVD
cash deposits at the rates in effect at the
time of entry for all imports of subject
merchandise. The effective date of
continuation of these orders will be the
date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act,
the Department intends to initiate the
next five-year review of these orders not
later than 30 days prior to the fifth
anniversary of the effective date of
continuation.
These five-year sunset reviews and
this notice are in accordance with
section 751(c) of the Act and published
pursuant to section 777(i)(1) of the Act,
and 19 CFR 351.218(f)(4).
Dated: November 29, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2017–26164 Filed 12–4–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta From Italy: Final Results
of Antidumping Duty Administrative
Review; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 3, 2017, 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, 2015, through June 30,
2016. As a result of our analysis of the
comments and information received,
AGENCY:
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05DEN1
Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Notices
these final results differ from the
Preliminary Results with respect to
Ghigi 1870 S.p.A. and Pasta Zara S.p.A.
(collectively, Ghigi/Zara).1 For the final
weighted-average dumping margins, see
the ‘‘Final Results of Review’’ section
below.
DATES: Applicable December 5, 2017.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang (Ghigi/Zara) or George McMahon
(Indalco), AD/CVD Operations, Office
III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–1168 or
(202) 482–1167, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2017, the Department of
Commerce (the Department) published
the Preliminary Results.2 In accordance
with 19 CFR 351.309(c)(1)(ii), we
invited parties to comment on our
Preliminary Results. On September 5,
2017, the petitioners and Ghigi/Zara
submitted their case briefs. On
September 11, 2017, the petitioners and
Ghigi/Zara submitted their rebuttal
briefs.3 On September 5, 2017 Ghigi/
Zara submitted a request for a hearing,
which it withdrew on October 20,
2017.4
Scope of the Order
sradovich on DSK3GMQ082PROD with NOTICES
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
1 See Memorandum titled ‘‘2015–2016
Antidumping Duty Administrative Review of
Certain Pasta from Italy: Ghigi and Zara Collapsing
Memorandum,’’ dated July 31, 2017.
2 See Certain Pasta from Italy: Preliminary Results
of Antidumping Duty Administrative Review; 2015–
2016, 82 FR 36126 (August 3, 2017) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
3 See Petitioners’ case brief, dated September 5,
2017, Ghigi/Zara’s case brief, dated September 5,
2017, Petitioners’ rebuttal brief, dated September
11, 2017 and Ghigi/Zara’s rebuttal brief, dated
September 11, 2017.
4 See letter titled ‘‘Certain Pasta from Italy:
Request for a Hearing,’’ dated September 5, 2017;
see also letter titled ‘‘Certain Pasta from Italy:
Withdrawal of Request for Hearing,’’ dated October
20, 2017.
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’’, dated concurrently with this
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18:13 Dec 04, 2017
Jkt 244001
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 Ghigi/
Zara’s weighted-average dumping
margin.6 As a result of the recalculation
of the rate for Ghigi/Zara, the weightedaverage dumping margin for the nonselected companies has changed. The
weighted-average dumping margin for
Indalco remains unchanged from the
Preliminary Results.
Final Results of the Review
As a result of this review, the
Department calculated a weightedaverage dumping margin that is above
de minimis for Ghigi/Zara and a de
minimis margin for Indalco for the
period July 1, 2015, through June 30,
2016. Therefore, in accordance with
section 735(c)(5)(A) of the Act, the
Department assigned the weightedaverage dumping margin calculated for
Ghigi/Zara to the four non-selected
companies in these final results, as
referenced below.
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
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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Fmt 4703
Sfmt 4703
Producer and/or exporter
Ghigi 1870 S.p.A. and Pasta
Zara S.p.A. (Zara) (collectively
Ghigi/Zara) 7 ............................
Industria Alimentare Colavita
S.p.A. (Indalco) .......................
GR.A.M.M. S.r.l. .........................
Pastificio Andalini S.p.A.
(Andalini) .................................
Pastificio Zaffiri S.r.l. (Zaffiri) ......
Tesa SrL (Tesa) .........................
57429
Weightedaverage
dumping
margin
(percent)
5.30
0.00
5.30
5.30
5.30
5.30
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 respondent
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. Where
either the respondent’s weightedaverage 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.
In accordance with the Department’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by each respondent
for which it did not know that its
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 assessment
instructions directly to CBP 15 days
7 See Memorandum titled ‘‘2015–2016
Antidumping Duty Administrative Review of
Certain Pasta from Italy: Ghigi and Zara Collapsing
Memorandum,’’ dated July 31, 2017.
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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57430
Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Notices
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.
sradovich on DSK3GMQ082PROD with NOTICES
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
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
VerDate Sep<11>2014
18:13 Dec 04, 2017
Jkt 244001
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 351.221(b)(5).
Dated: November 29, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the 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
Comment 1: Whether to Include Expenses
Related to Contract Cancellation Charges
in Ghigi’s General and Administrative
(G&A) Expense Calculation
Comment 2: Whether to Adjust Zara’s G&A
Expense Calculation to Reclassify
Certain Expenses
Comment 3: Whether to Revise
Manufacturer Field Coding
Comment 4: Whether to Revise Differential
Pricing Methodology
VI. Recommendation
[FR Doc. 2017–26165 Filed 12–4–17; 8:45 am]
BILLING CODE 3510–DS–P
COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Extend
Collection 3038–0066: Financial
Resource Requirements for
Derivatives Clearing Organizations
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:
The Commodity Futures
Trading Commission (CFTC) is
announcing an opportunity for public
comment on the proposed extension of
a collection of certain information by
the agency. Under the Paperwork
Reduction Act (PRA), Federal agencies
are required to publish notice in the
Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information, and
to allow 60 days for public comment.
This notice solicits comments on certain
SUMMARY:
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
financial resource reporting
requirements applicable to derivatives
clearing organizations.
DATES: Comments must be submitted on
or before February 5, 2018.
ADDRESSES: You may submit comments,
identified by ‘‘OMB Control Number
3038–0066’’ by any of the following
methods:
• The Agency’s Web site, at https://
comments.cftc.gov/. Follow the
instructions for submitting comments
through the Web site.
• Mail: Christopher Kirkpatrick,
Secretary of the Commission,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW., Washington, DC
20581.
• Hand Delivery/Courier: Same as
Mail above.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
through the Portal.
Please submit your comments using
only one method. All comments must be
submitted in English or, if not,
accompanied by an English translation.
Comments will be posted as received to
https://www.cftc.gov.
FOR FURTHER INFORMATION CONTACT:
Jocelyn Partridge, Special Counsel,
Division of Clearing and Risk, (202)
418–5926, email: jpartridge@cftc.gov.
SUPPLEMENTARY INFORMATION: Under the
PRA, Federal agencies must obtain
approval from the Office of Management
and Budget (OMB) for each collection of
information they conduct or sponsor.
‘‘Collection of Information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR 1320.3
and includes agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. An agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a valid OMB control number.
Section 3506(c)(2)(A) of the PRA, 44
U.S.C. 3506(c)(2)(A), requires a Federal
agency to provide a 60-day notice in the
Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information,
before submitting the collection to OMB
for approval. To comply with this
requirement, the Commission is
publishing notice of the proposed
extension of the collection of
information listed below.
Title: Financial Resource
Requirements for Derivatives Clearing
Organizations (OMB Control No. 3038–
0066). This is a request for an extension
E:\FR\FM\05DEN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Notices]
[Pages 57428-57430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26165]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Final Results of Antidumping Duty
Administrative Review; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 3, 2017, 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, 2015, through June 30, 2016. As a result of
our analysis of the comments and information received,
[[Page 57429]]
these final results differ from the Preliminary Results with respect to
Ghigi 1870 S.p.A. and Pasta Zara S.p.A. (collectively, Ghigi/Zara).\1\
For the final weighted-average dumping margins, see the ``Final Results
of Review'' section below.
---------------------------------------------------------------------------
\1\ See Memorandum titled ``2015-2016 Antidumping Duty
Administrative Review of Certain Pasta from Italy: Ghigi and Zara
Collapsing Memorandum,'' dated July 31, 2017.
---------------------------------------------------------------------------
DATES: Applicable December 5, 2017.
FOR FURTHER INFORMATION CONTACT: Joy Zhang (Ghigi/Zara) or George
McMahon (Indalco), AD/CVD Operations, Office III, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230;
telephone: (202) 482-1168 or (202) 482-1167, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2017, the Department of Commerce (the Department)
published the Preliminary Results.\2\ In accordance with 19 CFR
351.309(c)(1)(ii), we invited parties to comment on our Preliminary
Results. On September 5, 2017, the petitioners and Ghigi/Zara submitted
their case briefs. On September 11, 2017, the petitioners and Ghigi/
Zara submitted their rebuttal briefs.\3\ On September 5, 2017 Ghigi/
Zara submitted a request for a hearing, which it withdrew on October
20, 2017.\4\
---------------------------------------------------------------------------
\2\ See Certain Pasta from Italy: Preliminary Results of
Antidumping Duty Administrative Review; 2015-2016, 82 FR 36126
(August 3, 2017) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\3\ See Petitioners' case brief, dated September 5, 2017, Ghigi/
Zara's case brief, dated September 5, 2017, Petitioners' rebuttal
brief, dated September 11, 2017 and Ghigi/Zara's rebuttal brief,
dated September 11, 2017.
\4\ See letter titled ``Certain Pasta from Italy: Request for a
Hearing,'' dated September 5, 2017; see also letter titled ``Certain
Pasta from Italy: Withdrawal of Request for Hearing,'' dated October
20, 2017.
---------------------------------------------------------------------------
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'', 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 Ghigi/Zara's weighted-average dumping margin.\6\ As a
result of the recalculation of the rate for Ghigi/Zara, the weighted-
average dumping margin for the non-selected companies has changed. The
weighted-average dumping margin for Indalco remains unchanged from the
Preliminary Results.
---------------------------------------------------------------------------
\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 that is above de minimis for Ghigi/Zara and a de
minimis margin for Indalco for the period July 1, 2015, through June
30, 2016. Therefore, in accordance with section 735(c)(5)(A) of the
Act, the Department assigned the weighted-average dumping margin
calculated for Ghigi/Zara to the four non-selected companies in these
final results, as referenced below.
------------------------------------------------------------------------
Weighted-
average
Producer and/or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Ghigi 1870 S.p.A. and Pasta Zara S.p.A. (Zara) (collectively 5.30
Ghigi/Zara) \7\............................................
Industria Alimentare Colavita S.p.A. (Indalco).............. 0.00
GR.A.M.M. S.r.l............................................. 5.30
Pastificio Andalini S.p.A. (Andalini)....................... 5.30
Pastificio Zaffiri S.r.l. (Zaffiri)......................... 5.30
Tesa SrL (Tesa)............................................. 5.30
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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 respondent 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. 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.
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\7\ See Memorandum titled ``2015-2016 Antidumping Duty
Administrative Review of Certain Pasta from Italy: Ghigi and Zara
Collapsing Memorandum,'' dated July 31, 2017.
\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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In accordance with the Department's ``automatic assessment''
practice, for entries of subject merchandise during the POR produced by
each respondent for which it did not know that its 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 assessment instructions directly to CBP 15 days
[[Page 57430]]
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
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 351.221(b)(5).
Dated: November 29, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
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
Comment 1: Whether to Include Expenses Related to Contract
Cancellation Charges in Ghigi's General and Administrative (G&A)
Expense Calculation
Comment 2: Whether to Adjust Zara's G&A Expense Calculation to
Reclassify Certain Expenses
Comment 3: Whether to Revise Manufacturer Field Coding
Comment 4: Whether to Revise Differential Pricing Methodology
VI. Recommendation
[FR Doc. 2017-26165 Filed 12-4-17; 8:45 am]
BILLING CODE 3510-DS-P
