Certain Pasta From Italy: Notice of Partial Rescission of Antidumping Duty Administrative Review, 2769-2770 [2018-00923]

Download as PDF Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Notices DATES: Applicable December 19, 2017. FOR FURTHER INFORMATION CONTACT: Dennis McClure or Jinny Ahn, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5973 or (202) 482– 0339, respectively. SUPPLEMENTARY INFORMATION: On December 19, 2017, Commerce published in the Federal Register the preliminary determination of the CVD investigation of cast iron soil pipe fittings from China.1 On December 18, 2017, Wor-Biz International Trading Co., Ltd. (Anhui) (Wor-Biz) timely alleged that Commerce made a significant ministerial error in the Preliminary Determination. Significant Ministerial Error A ministerial error, as defined in section 705(e) of the Tariff Act of 1930, as amended (the Act), includes ‘‘errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial.’’ 2 With respect to preliminary determinations, 19 CFR 351.224(e) provides that Commerce ‘‘will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary determination. . . .’’ A significant ministerial error is defined as an error, the correction of which, singly or in combination with other errors, would result in: (1) A change of at least five absolute percentage points in, but not less than 25 percent of, the countervailable subsidy rate calculated in the original (erroneous) preliminary determination; or (2) a difference between a countervailable subsidy rate of zero (or de minimis) and a countervailable subsidy rate of greater than de minimis, or vice versa.3 daltland on DSKBBV9HB2PROD with NOTICES Ministerial Error Allegation Wor-Biz alleges that, in the Preliminary Determination, Commerce erred in calculating the benchmark prices for the Provision of Pig Iron for LTAR and the Provision of Ferrous 1 See Cast Iron Soil Pipe Fittings from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 82 FR 60178 (December 19, 2017) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. 2 See also 19 CFR 351.224(f). 3 See 19 CFR 351.224(g)(1) and (2). VerDate Sep<11>2014 17:05 Jan 18, 2018 Jkt 244001 2769 Scrap for LTAR programs by unintentionally double-counting the distance for inland freight. We agree. Therefore, as explained in the Ministerial Error Memorandum issued concurrently with this notice,4 and pursuant to 19 CFR 351.224(e) and (g), Commerce is amending the Preliminary Determination to reflect the correction of a significant ministerial error made in the calculation of the subsidy rate for Wor-Biz. This amended preliminary determination is published in accordance with sections 705(e) and 777(i)(1) of the Act and 19 CFR 351.224(e) and (g). Amended Preliminary Determination [FR Doc. 2018–00924 Filed 1–18–18; 8:45 am] Dated: January 12, 2018. 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. BILLING CODE 3510–DS–P We are amending the preliminary subsidy rate for Wor-Biz pursuant to 19 CFR 351.224(e). In addition, because the preliminary ‘‘All-Others’’ Rate was based on the weighted average of the subsidy rates calculated for Wor-Biz and Shanxi Xuanshi Industrial Group Co., Ltd,5 we are also amending the ‘‘AllOthers’’ rate to account for the change in Wor-Biz’s subsidy rate. Further, because the adverse facts available rate assigned to the non-cooperative respondent Shijiazhuang Chengmei Import & Export Co., Ltd. was determined using, in part, the highest calculated program-specific rates determined for the cooperating respondents,6 we are also amending the adverse facts available rate to account for our correction of Wor-Biz’s Provision of Pig Iron for LTAR and Provision of Ferrous Scrap for LTAR program rates.7 The revised subsidy rates are as follows: Subsidy rate (percent) Company DEPARTMENT OF COMMERCE International Trade Administration [A–475–818] Certain Pasta From Italy: Notice of Partial Rescission of Antidumping Duty Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable January 19, 2018. 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, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1168 or (202) 482–1167, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 3, 2017, the Department of 8 8.66 Commerce (Commerce) published a notice of opportunity to request an 7.37 administrative review of the 8.12 antidumping duty order on certain pasta 1 96.96 from Italy. Pursuant to requests from interested parties,2 Commerce published in the Federal Register the 4 See Memorandum ‘‘Countervailing Duty notice of initiation of this antidumping Investigation of Cast Iron Soil Pipe Fittings from duty administrative review with respect China: Allegation of Significant Ministerial Error in to the following companies for the the Preliminary Determination,’’ dated concurrently period July 1, 2016, through June 30, with this notice (Ministerial Error Memorandum). 2017: Agritalia S.r.L. (Agritalia), Alessio This memorandum is on file electronically via Shanxi Xuanshi Industrial Group Co., Ltd .................. Wor-Biz International Trading Co., Ltd. (Anhui) ................ All-Others .............................. Shijiazhuang Chengmei Import & Export Co., Ltd ....... Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. 5 See Preliminary Determination, 82 FR at 60179. 6 For further explanation, see Preliminary Determination and accompanying Preliminary Decision Memorandum at ‘‘Use of Facts Otherwise Available and Adverse Inferences.’’ 7 See Ministerial Error Memorandum for additional information on the revised adverse facts available rate. 8 This rate remains unchanged from the Preliminary Determination. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 82 FR 30833 (July 3, 2017). 2 The petitioners are Dakota Growers Pasta Company, Riviana Foods (formerly New World Pasta Company) and Treehouse Foods (formerly American Italian Pasta Company). The petitioners requested a review of Industria Alimentare Colavita S.p.A., Ghigi Industria Agroalimentare in San Clemente S.r.l. and its affiliate Pasta Zara S.p.A., and Agritalia S.r.L. See Letter from the petitioners to Commerce, ‘‘Request for 2016–2017 Administrative Reviews of the Antidumping Duty Order on Certain Pasta from ltaly,’’ dated July 31, 2017. E:\FR\FM\19JAN1.SGM 19JAN1 2770 Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Notices rescinding this review of the antidumping duty order on certain pasta from Italy, in part, with respect to Andalini, DeLuca, GR.A.M.M., La Molisana, Tamma, and Zaffiri. Partial Rescission of the 2016–2017 Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation of the requested review. All of the aforementioned withdrawal requests were timely submitted and no other interested party requested an administrative review of these particular companies. Therefore, in accordance with 19 CFR 351.213(d)(1), and consistent with our practice,8 we are daltland on DSKBBV9HB2PROD with NOTICES Panarese Soceieta Agricola (Alessio), Antico Pastificio Morelli 1860 S.r.l. (Antico), Colussi SpA (Colussi), Francesco Tamma S.p.A. (Tamma), Ghigi 1870 S.p.A. (Ghigi), Ghigi Industria Agroalimentare in San Clemente S.r.l.,3 G.R.A.M.M. S.r.l. (GR.A.M.M.), Industria Alimentare Colavita S.p.A. (Indalco), La Molisana S.p.A. (La Molisana), Liguori Pastificio dal 1820 S.p.A. (Liguori), Pasta Zara S.p.A. (Zara), Pastificio Andalini S.p.A. (Andalini), Pastificio Fratelli DeLuca S.r.l. (DeLuca), Pastificio Menucci SpA (Menucci), Pastificio Zaffiri S.r.l. (Zaffiri), and Tesa SrL (Tesa).4 On September 18, 2017, La Molisana timely withdrew its request for a review.5 On November 13, 2017, Tamma timely withdrew its request for a review.6 On December 12, 2017, Andalini, DeLuca, GR.A.M.M., and Zaffiri timely withdrew their respective requests for an administrative review.7 No other party requested an administrative review of these particular companies. This notice serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties. 3 In the 2015–16 antidumping duty review of Certain Pasta from Italy, Commerce determined that Ghigi 1870 S.p.A. was formerly known as Ghigi Industria Agroalimentare in San Clemente S.r.l. See Memorandum titled ‘‘2015–2016 Antidumping Duty Administrative Review of Certain Pasta from Italy: Ghigi and Zara Collapsing Memorandum,’’ dated July 31, 2017. 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 42974 (September 13, 2017) (Initiation Notice). 5 See Letter from Tamma to Commerce, ‘‘Certain Pasta from Italy: Withdrawal of Antidumping Duty Administrative Review Request,’’ dated November 13, 2017. 6 See Letter from La Molisana to Commerce, ‘‘Certain Dry Pasta from Italy, A–475–818; Withdraw Request for Review,’’ dated September 18, 2017. 7 See Letter from DeLuca, GR.A.M.M., Andalini, and Zaffiri to Commerce, ‘‘Certain Dry Pasta from Italy, A–475–818; Withdraw Request for Review,’’ dated December 12, 2017. 8 See, e.g., Certain Lined Paper Products from India: Notice of Partial Rescission of Antidumping Duty Administrative Review and Extension of Time Limit for the Preliminary Results of Antidumping Duty Administrative Review, 74 FR 21781 (May 11, 2009); see also Carbon Steel Butt-Weld Pipe Fittings This notice serves as a final reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under an 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 terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). VerDate Sep<11>2014 17:05 Jan 18, 2018 Jkt 244001 [FR Doc. 2018–00923 Filed 1–18–18; 8:45 am] Assessment BILLING CODE 3510–DS–P Commerce will instruct Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. For the companies for which this review is rescinded, Andalini, DeLuca, GR.A.M.M., La Molisana, Tamma, and Zaffiri, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period July 1, 2016, through June 30, 2017, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. Notification to Importers Notification Regarding Administrative Protective Order from Thailand: Rescission of Antidumping Duty Administrative Review, 74 FR 7218 (February 13, 2009). PO 00000 Frm 00004 Dated: January 12, 2018. James Maeder, Senior Director performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–583–008] Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Amended Final Results of Antidumping Duty Administrative Review; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty order on certain circular welded carbon steel pipes and tubes from Taiwan. The period of review (POR) is May 1, 2015, through April 30, 2016. The amended final weighted-average dumping margin is listed below in the section entitled ‘‘Amended Final Results.’’ DATES: Applicable January 19, 2018. FOR FURTHER INFORMATION CONTACT: Scott Hoefke, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4947. SUPPLEMENTARY INFORMATION: AGENCY: Background On November 20, 2017, Commerce published the Final Results of this review in the Federal Register.1 On December 1, 2017, Shin Yang Steel Co., Ltd. (Shin Yang) timely filed a ministerial error allegation concerning the Final Results and requested, pursuant to 19 CFR 351.224, that Commerce correct the alleged ministerial error.2 1 See Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015–2016, 82 FR 55093 (November 20, 2017) (Preliminary Results), and accompanying Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of Antidumping Duty Administrative Review: Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan; 2015–2016,’’ dated November 13, 2017 (Issues and Decision Memorandum). 2 See Shin Yang’s December 1, 2017 Ministerial Error Allegation. E:\FR\FM\19JAN1.SGM 19JAN1

Agencies

[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)]
[Notices]
[Pages 2769-2770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00923]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Notice of Partial Rescission of 
Antidumping Duty Administrative Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable January 19, 2018.

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, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1168 or (202) 482-1167, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 3, 2017, the Department of Commerce (Commerce) published a 
notice of opportunity to request an administrative review of the 
antidumping duty order on certain pasta from Italy.\1\ Pursuant to 
requests from interested parties,\2\ Commerce published in the Federal 
Register the notice of initiation of this antidumping duty 
administrative review with respect to the following companies for the 
period July 1, 2016, through June 30, 2017: Agritalia S.r.L. 
(Agritalia), Alessio

[[Page 2770]]

Panarese Soceieta Agricola (Alessio), Antico Pastificio Morelli 1860 
S.r.l. (Antico), Colussi SpA (Colussi), Francesco Tamma S.p.A. (Tamma), 
Ghigi 1870 S.p.A. (Ghigi), Ghigi Industria Agroalimentare in San 
Clemente S.r.l.,\3\ G.R.A.M.M. S.r.l. (GR.A.M.M.), Industria Alimentare 
Colavita S.p.A. (Indalco), La Molisana S.p.A. (La Molisana), Liguori 
Pastificio dal 1820 S.p.A. (Liguori), Pasta Zara S.p.A. (Zara), 
Pastificio Andalini S.p.A. (Andalini), Pastificio Fratelli DeLuca 
S.r.l. (DeLuca), Pastificio Menucci SpA (Menucci), Pastificio Zaffiri 
S.r.l. (Zaffiri), and Tesa SrL (Tesa).\4\
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 82 FR 30833 (July 3, 2017).
    \2\ The petitioners are Dakota Growers Pasta Company, Riviana 
Foods (formerly New World Pasta Company) and Treehouse Foods 
(formerly American Italian Pasta Company). The petitioners requested 
a review of Industria Alimentare Colavita S.p.A., Ghigi Industria 
Agroalimentare in San Clemente S.r.l. and its affiliate Pasta Zara 
S.p.A., and Agritalia S.r.L. See Letter from the petitioners to 
Commerce, ``Request for 2016-2017 Administrative Reviews of the 
Antidumping Duty Order on Certain Pasta from ltaly,'' dated July 31, 
2017.
    \3\ In the 2015-16 antidumping duty review of Certain Pasta from 
Italy, Commerce determined that Ghigi 1870 S.p.A. was formerly known 
as Ghigi Industria Agroalimentare in San Clemente S.r.l. See 
Memorandum titled ``2015-2016 Antidumping Duty Administrative Review 
of Certain Pasta from Italy: Ghigi and Zara Collapsing Memorandum,'' 
dated July 31, 2017.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 42974 (September 13, 2017) (Initiation 
Notice).
---------------------------------------------------------------------------

    On September 18, 2017, La Molisana timely withdrew its request for 
a review.\5\ On November 13, 2017, Tamma timely withdrew its request 
for a review.\6\ On December 12, 2017, Andalini, DeLuca, GR.A.M.M., and 
Zaffiri timely withdrew their respective requests for an administrative 
review.\7\ No other party requested an administrative review of these 
particular companies.
---------------------------------------------------------------------------

    \5\ See Letter from Tamma to Commerce, ``Certain Pasta from 
Italy: Withdrawal of Antidumping Duty Administrative Review 
Request,'' dated November 13, 2017.
    \6\ See Letter from La Molisana to Commerce, ``Certain Dry Pasta 
from Italy, A-475-818; Withdraw Request for Review,'' dated 
September 18, 2017.
    \7\ See Letter from DeLuca, GR.A.M.M., Andalini, and Zaffiri to 
Commerce, ``Certain Dry Pasta from Italy, A-475-818; Withdraw 
Request for Review,'' dated December 12, 2017.
---------------------------------------------------------------------------

Partial Rescission of the 2016-2017 Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation of the requested review. All of 
the aforementioned withdrawal requests were timely submitted and no 
other interested party requested an administrative review of these 
particular companies. Therefore, in accordance with 19 CFR 
351.213(d)(1), and consistent with our practice,\8\ we are rescinding 
this review of the antidumping duty order on certain pasta from Italy, 
in part, with respect to Andalini, DeLuca, GR.A.M.M., La Molisana, 
Tamma, and Zaffiri.
---------------------------------------------------------------------------

    \8\ See, e.g., Certain Lined Paper Products from India: Notice 
of Partial Rescission of Antidumping Duty Administrative Review and 
Extension of Time Limit for the Preliminary Results of Antidumping 
Duty Administrative Review, 74 FR 21781 (May 11, 2009); see also 
Carbon Steel Butt-Weld Pipe Fittings from Thailand: Rescission of 
Antidumping Duty Administrative Review, 74 FR 7218 (February 13, 
2009).
---------------------------------------------------------------------------

Assessment

    Commerce will instruct Customs and Border Protection (CBP) to 
assess antidumping duties on all appropriate entries. For the companies 
for which this review is rescinded, Andalini, DeLuca, GR.A.M.M., La 
Molisana, Tamma, and Zaffiri, antidumping duties shall be assessed at 
rates equal to the cash deposit of estimated antidumping duties 
required at the time of entry, or withdrawal from warehouse, for 
consumption, during the period July 1, 2016, through June 30, 2017, in 
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of this notice.

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of doubled antidumping 
duties.

Notification Regarding Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
an 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 terms of an APO 
is a violation which is subject to sanction.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 
CFR 351.213(d)(4).

    Dated: January 12, 2018.
James Maeder,
Senior Director performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-00923 Filed 1-18-18; 8:45 am]
 BILLING CODE 3510-DS-P

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