Certain Pasta From Italy: Preliminary Results of Countervailing Duty Administrative Review and Partial Rescission; 2016, 39418-39420 [2018-17048]
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39418
Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices
Comment 45: Whether BC Hydro’s EPAs
are De Facto Specific
Comment 46: Whether Commerce Should
Include all Elements of Kruger’s Electric
Service Rates in its Benchmark
´
Comment 47: Whether Hydro-Quebec’s
Purchase of Electricity for MTAR was
Specific
Comment 48: Whether the IESO Purchases
Electricity
Comment 49: Whether the IESO’s Purchase
of Electricity for MTAR is Specific
Comment 50: Whether Commerce Should
Countervail Tariff 29 and/or Use it as a
Benchmark
Comment 51: Whether the Government of
Canada’s Provision of C$130 Million for
Resolute’s Expropriated Assets Provides
a Benefit
Tax Program Issues
Comment 52: Whether the ACCA for Class
29 Assets Tax Program is Specific
Comment 53: Whether the School Tax
Credit for Class 4 Major Industrial
Properties Provides a Financial
Contribution
Comment 54: Whether the School Tax
Credit for Class 4 Major Industrial
Properties is Specific
Comment 55: Whether the Coloured Fuel
Tax Rate Provides a Financial
Contribution
Comment 56: Whether the Coloured Fuel
Tax Rate is Specific
Comment 57: Whether Catalyst Benefited
from the Coloured Fuel Tax Rate
Comment 58: Whether the Powell River
City Tax Exemption Program Provides a
Financial Contribution
Comment 59: The Appropriate Benefit
Calculation for the Powell River City Tax
Exemption Program
Comment 60: Whether Commerce Properly
Determined the Amount of the Subsidy
Kruger Received from Property Tax
Exemptions
´
Comment 61: Whether the Quebec SR&ED
Tax Credit 18 is De Facto Specific
Comment 62: Whether the Tax Credit for
the Acquisition of Manufacturing and
´
Processing Equipment in Quebec is
Specific
Comment 63: Whether the Tax Credit for
Pre-Competitive Research is Specific
Comment 64: Whether the Credit for Fees
and Dues Paid to a Research Consortium
is Specific
´
Comment 65: Whether Quebec’s Tax Credit
for Construction and Repair of Roads and
Bridges Provides a Financial
Contribution and a Benefit
Grant Program Issues: Electricity
Comment 66: Whether Agreements to
Curtail Consumption of Electricity are
Grants
Comment 67: Whether the Power Smart
Subprograms are De Jure/De Facto
Specific
Comment 68: The Appropriate Benefit for
the Power Smart: Load Curtailment
Program
18 Also called the Quebec Scientific Research and
´
Development Tax Credit in the Preliminary
Determination.
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18:11 Aug 08, 2018
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Comment 69: The Correct Calculation for
the BC Hydro Power Smart TMP and
Incentives Subprograms
´
Comment 70: Whether Hydro-Quebec’s IEO
Program Is Specific
´
Comment 71: Whether Hydro-Quebec’s
Industrial Systems Program/Energy
Efficiency Program is Countervailable
´
Comment 72: Whether the Hydro-Quebec
Special L Rate for Industrial Customers
Affected by Budworm Confers a Benefit
Comment 73: Whether the IESO Demand
Response Is Specific
Comment 74: Whether the Ontario IEI
Program is Specific
Comment 75: Whether the Ontario IEI
Program is Tied to Non-Subject
Merchandise
Comment 76: Whether Capacity Assistance
Payments to CBPP Are Specific
Comment 77: Whether the Capacity
Assistance Fees Paid to CBPP Provided
a Benefit
Grant Program Issues: Other
Comment 78: Whether the Canada-BC Job
Grant Program is Specific
´
Comment 79: Whether Emploi-Quebec
Programs are Specific
´
Comment 80: Whether Emploi-Quebec
Programs are Recurring
Comment 81: Whether the PCIP Provides a
Benefit
Comment 82: Whether the Paix des Braves
Program Provides a Countervailable
Benefit
Comment 83: Whether the Investment
Program in Public Forests Affected by
Natural or Anthropogenic Disturbance
Provides a Countervailable Benefit
Comment 84: Whether the FPInnovations
Ash Development Project Provides a
Countervailable Benefit
Comment 85: Whether the PAREGES
Program is Specific and Confers a Benefit
Comment 86: Whether the Ontario Forest
Roads Funding Program is
Countervailable
Comment 87: Whether the EcoPerformance
Program is Specific and Confers a Benefit
Equity Program Issues
Comment 88: Whether Preferred Shares
Issued by Kruger Inc./KPPI in 2012 were
Debt or Equity
Comment 89: Whether Any Benefit in the
2012 Debt-to-Equity Conversion Is
Attributable to Kruger Inc.
Comment 90: How to Determine the
Benefit for KPPI’s 2012 Loan Forgiveness
Comment 91: Whether IQ’s 2015
Investment in KHLP Was Tied to NonSubject Merchandise
Comment 92: Whether the
Equityworthiness Analysis for KHLP in
2015 is Correct
Comment 93: Whether KHLP was
Equityworthy
Loan Program Issues
Comment 94: Whether CBPP was
Creditworthy
Comment 95: Whether Commerce Erred in
Calculating the Benchmark for CBPP’s
2014 Loan
Comment 96: Whether Interest Due from
the Government of Newfoundland and
Labrador Loan to CBPP and Paid in 2017
Provided No Benefit in the POI
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Comment 97: Whether Commerce Erred in
Its Benefit Calculation for the IQ Loan
Guarantee to KEBLP
Company-Specific Issues
Catalyst
Comment 98: How to Treat Catalyst’s
Unreported Log and Wood Fiber
Purchases
Resolute
Comment 99: Whether Commerce Should
Use Resolute’s Revised SR&ED Tax
Credit
White Birch
Comment 100: Whether Commerce
Correctly Determined the Dates of
Approval for the MFOR Worker Training
Grants to White Birch’s Stadacona Mill
Conclusion
[FR Doc. 2018–17017 Filed 8–8–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–475–819]
Certain Pasta From Italy: Preliminary
Results of Countervailing Duty
Administrative Review and Partial
Rescission; 2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
countervailing duty (CVD) order on
certain pasta from Italy. The period of
review (POR) is January 1, 2016,
through December 31, 2016.
DATES: Applicable August 9, 2018.
FOR FURTHER INFORMATION CONTACT:
Mary Kolberg, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1785.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 13, 2017, Commerce
published a notice of initiation of an
administrative review of the CVD order
on certain pasta from Italy for the POR.1
From October 10, 2017 to December 12,
2017, eight of the producers/exporters of
subject merchandise subject to this
review timely withdrew their request for
review. Thus, we are rescinding this
review with respect to these eight
producers/exporters. Commerce is
conducting this review of one remaining
producer/exporter of subject
merchandise: GR.A.M.M. S.r.l.
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
42974 (September 13, 2017) (Initiation Notice).
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(GR.A.M.M.). On March 29, 2018,
Commerce postponed the deadline for
issuing the preliminary results of this
administrative review until August 3,
2018.2 For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is provided in the
Appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
on the internet at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic version of the Preliminary
Decision Memorandum are identical in
content.
Scope of the Order
Imports covered by the order are
shipments of certain non-egg dry pasta
in packages of five pounds four ounces
or less, whether or not enriched or
fortified or containing milk or other
optional ingredients such as chopped
vegetables, vegetable purees, milk,
gluten, diastasis, vitamins, coloring and
flavorings, and up to two percent egg
white. The pasta covered by the scope
of the order is typically sold in the retail
market, in fiberboard or cardboard
cartons, or polyethylene or
polypropylene bags of varying
dimensions. A full description of the
scope of the order is contained in the
Preliminary Decision Memorandum,
which is hereby adopted by this notice.4
sradovich on DSK3GMQ082PROD with NOTICES
Partial Rescission
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, ‘‘in whole or in
part, if a party that requested a review
withdraws the request within 90 days of
the date of publication of the notice of
initiation of the requested review.’’ The
2 See Memorandum, ‘‘Certain Pasta from Italy:
Extension of Time Limit for Preliminary Results of
the Countervailing Duty Administrative Review,’’
dated March 29, 2018.
3 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Countervailing Duty
Administrative Review and Partial Rescission:
Certain Pasta from Italy; 2016,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
4 See Preliminary Decision Memorandum.
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Jkt 244001
requests for review for the following
companies were withdrawn within the
90-day limit: Alessio Panarese Soceieta
Agricola, Antico Pastificio Morelli 1860
S.r.l., Colussi Spa, Ghigi 1870 S.p.A.,
Industria Alimentare Colavita, S.p.A.,
Pastificio Fratelli DeLuca S.r.l.,
Pastificio Mennucci SpA, and Tesa
SrL.5 Therefore, Commerce is rescinding
the review, in part, with respect to these
companies.
Methodology
We are conducting this review in
accordance with section 751(a)(1)(A) of
the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs
found to be countervailable, we
preliminarily find that there is a
subsidy, i.e., a government-provided
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific.6 For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Results of the Review
We preliminarily find the following
net countervailable subsidy rate for the
mandatory respondent, GR.A.M.M. for
the period January 1, 2016 through
December 31, 2016:
Net subsidy
rate
ad valorem
Company
GR.A.M.M. S.r.l .....................
1.21 percent.
Assessment Rates
Consistent with section 751(a)(1) of
the Act and 19 CFR 351.212(b)(2), upon
issuance of the final results, Commerce
will determine, and U.S. Customs and
Border Protection (CBP) shall assess,
countervailing duties on all appropriate
entries covered by this review. For
companies for which this review is
rescinded, Commerce will instruct CBP
5 See Tesa SrL’s, ‘‘Pasta from Italy; Withdrawal of
Request for Administrative Review,’’ dated October
10, 2017; see also Ghigi 1870 S.p.A.’s, ‘‘Pasta from
Italy; Withdrawal of Request for Administrative
Review,’’ dated October 17, 2017; see also Industria
Alimentare Colavita, S.p.A.’s Letter, ‘‘Certain Pasta
from Italy: Withdrawal of Request for CVD
Administrative Review of Indalco S.p.A.,’’ dated
December 10, 2017; see also Pastificio Mennucci
SpA’s Letter, ‘‘Pasta from Italy; Withdrawal of
Request for Administrative Review,’’ dated
December 12, 2017; see also Colussi Spa’s Letter,
‘‘Pasta from Italy; Withdrawal of Request for
Administrative Review,’’ dated December 12, 2017;
see also Alessio Panarese Soceieta Agricola’s,
Pastificio Fratelli DeLuca S.r.l.’s, and Antico
Pastificio Morelli 1860 S.r.l.’s Letter, ‘‘Certain Dry
Pasta from Italy, C–475–819; Withdrawal of Request
for Review,’’ dated December 12, 2017.
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution, section 771(5)(E)
of the Act regarding benefit, and section 771(5A) of
the Act regarding specificity.
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to assess countervailing duties on all
appropriate entries at a rate equal to the
cash deposit of estimated countervailing
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period January
1, 2016, through December 31, 2016, in
accordance with 19 CFR
351.212(c)(1)(i). We intend to issue
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
In accordance with section
751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash
deposits of estimated countervailing
duties in the amount shown above for
GR.A.M.M. with regard to shipments of
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits at the most recent
company specific or all-others rate
applicable to the company. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Disclosure and Public Comment
We will disclose to parties in this
review the calculations performed in
reaching the preliminary results within
five days of publication of these
preliminary results.7 Interested parties
may submit written comments (case
briefs) on the preliminary results no
later than 30 days from the date of
publication of this Federal Register
notice, and rebuttal comments (rebuttal
briefs) within five days after the time
limit for filing case briefs.8 Pursuant to
19 CFR 351.309(d)(2), rebuttal briefs
must be limited to issues raised in the
case briefs. Parties who submit
arguments are requested to submit with
the argument: (1) A statement of the
issue; (2) a brief summary of the
argument; and (3) a table of authorities.9
All briefs must be filed electronically
using ACCESS.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice. Hearing requests should
contain: (1) The party’s name, address,
and telephone number; (2) the number
7 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
9 19 CFR 351.309(c)(2) and (d)(2).
8 See
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Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices
of participants; and (3) a list of the
issues to be discussed. Issues addressed
at the hearing will be limited to those
raised in the briefs. If a request for a
hearing is made, parties will be notified
of the date and time for the hearing to
be held at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.10
Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, no later than 120 days after
the date of publication of this notice,
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h), unless this
deadline is extended.
These preliminary results and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i) of the
Act and 19 CFR 351.221(b)(4).
Dated: August 3, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum:
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of the Administrative
Review
V. Subsidy Valuation Information
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2018–17048 Filed 8–8–18; 8:45 am]
BILLING CODE 3510–DS–P
invite interested parties to comment on
these preliminary results.
DATES: Applicable August 9, 2018.
FOR FURTHER INFORMATION CONTACT:
Chloee Sagmoe or Kathryn Wallace, AD/
CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone at (202) 482–2000
or (202) 482–6251.
SUPPLEMENTARY INFORMATION:
Background
On November 1, 2017, Commerce
published a notice of opportunity to
request an administrative review of the
antidumping duty order on
monosodium glutamate (MSG) from the
People’s Republic of China (China).1 In
response, on November 30, 2017,
Ajinomoto North America, Inc. (the
petitioner) requested a review of 27
companies.2 Commerce initiated a
review of all 27 companies on January
11, 2018.3 For a list of these companies,
see the Appendix to this notice. The
deadline for interested parties to submit
an SRA or an SRC was February 11,
2018.4 No party submitted an SRA or an
SRC. On May 5, 2018, the petitioner
requested that Commerce place the
Remand Redetermination of the
investigation of MSG from China 5 on
the record of this proceeding.6 The
petitioners asked that Commerce utilize
the recalculated dumping margin of
mandatory respondent, Meihua BioTechnology Co., Ltd. (Mehia), as the
basis for the China-wide entity rate.7 No
other party filed comments.
Scope of the Order
DEPARTMENT OF COMMERCE
The product covered by this order is
MSG, whether or not blended or in
solution with other products.
International Trade Administration
[A–570–992]
1 See
Monosodium Glutamate From the
People’s Republic of China:
Preliminary Results of the
Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the 27 companies subject to this
administrative review are part of the
China-wide entity because none filed a
separate rate application (SRA) and/or a
separate rate certification (SRC). The
period of review (POR) is November 1,
2016, through October 31, 2017. We
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AGENCY:
10 See
19 CFR 351.310(d).
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18:11 Aug 08, 2018
Jkt 244001
Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 82 FR 50620
(November 1, 2017).
2 See Ajinomoto’s letter, ‘‘Monosodium Glutamate
from China: Request for Administrative Review,’’
(November 30, 2017), at Attachment 1 (listing 27
companies for which Ajinomoto sought a review).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
1329 (January 11, 2018) (Initiation Notice).
4 See Initiation Notice.
5 See Remand Redetermination in the
Antidumping Duty Investigation of Monosodium
Glutamate from the People’s Republic of China:
Analysis Memorandum for Langfang Meihua BioTechnology Co., Ltd. dated August 7, 2017 filed in
the Ajinomoto North America, Inc. v. United States,
Court No. 14–00351, Slip Op. 17–48 (April 25,
2017) (Remand Redetermination).
6 See Ajinomoto’s letter, ‘‘Antidumping Duty
Review of Monosodium Glutamate from China:
Comments on PRC-Wide AFA Rate,’’ (May 7, 2018).
7 Id.
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Fmt 4703
Sfmt 4703
Specifically, MSG that has been blended
or is in solution with other product(s) is
included in this scope when the
resulting mix contains 15 percent or
more of MSG by dry weight. Products
with which MSG may be blended
include, but are not limited to, salts,
sugars, starches, maltodextrins, and
various seasonings. Further, MSG is
included in this order regardless of
physical form (including, but not
limited to, in monohydrate or
anhydrous form, or as substrates,
solutions, dry powders of any particle
size, or unfinished forms such as MSG
slurry), end-use application, or
packaging. MSG in monohydrate form
has a molecular formula of
C5H8NO4Na—H2O, a Chemical Abstract
Service (CAS) registry number of 6106–
04–3, and a Unique Ingredient Identifier
(UNII) number of W81N5U6R6U. MSG
in anhydrous form has a molecular
formula of C5H8NO4Na, a CAS registry
number of l42–47–2, and a UNII number
of C3C196L9FG. Merchandise covered
by the scope of this order is currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
at subheading 2922.42.10.00.
Merchandise subject to the order may
also enter under HTS subheadings
2922.42.50.00, 2103.90.72.00,
2103.90.74.00, 2103.90.78.00,
2103.90.80.00, and 2103.90.90.91. The
tariff classifications, CAS registry
numbers, and UNII numbers are
provided for convenience and customs
purposes; however, the written
description of the scope is dispositive.8
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.213.
Preliminary Results of Review
As noted above, the petitioner asked
Commerce to place the Remand
Redetermination on the record of this
proceeding and to use that information
to calculate a dumping margin for the
China-wide entity equal to the highest
transaction-specific margin calculated
for Meihua.9 We have not done so.
Commerce no longer considers the nonmarket economy (NME) entity as an
exporter conditionally subject to an
antidumping duty administrative
8 See Monosodium Glutamate from the People’s
Republic of China: Second Amended Final
Determination of Sales at Less Than Fair Value and
Amended Antidumping Order, 80 FR 487 (January
6, 2015).
9 See Ajinomoto’s letter, ‘‘Antidumping Duty
Review of Monosodium Glutamate from China:
Comments on PRC-Wide AFA Rate,’’ (May 7, 2018).
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Agencies
[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Notices]
[Pages 39418-39420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17048]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-819]
Certain Pasta From Italy: Preliminary Results of Countervailing
Duty Administrative Review and Partial Rescission; 2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the countervailing duty (CVD) order on certain
pasta from Italy. The period of review (POR) is January 1, 2016,
through December 31, 2016.
DATES: Applicable August 9, 2018.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1785.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2017, Commerce published a notice of initiation of
an administrative review of the CVD order on certain pasta from Italy
for the POR.\1\ From October 10, 2017 to December 12, 2017, eight of
the producers/exporters of subject merchandise subject to this review
timely withdrew their request for review. Thus, we are rescinding this
review with respect to these eight producers/exporters. Commerce is
conducting this review of one remaining producer/exporter of subject
merchandise: GR.A.M.M. S.r.l.
[[Page 39419]]
(GR.A.M.M.). On March 29, 2018, Commerce postponed the deadline for
issuing the preliminary results of this administrative review until
August 3, 2018.\2\ For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\3\ A list of topics discussed in the Preliminary Decision
Memorandum is provided in the Appendix to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov and in the Central Records
Unit, Room B8024 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic
version of the Preliminary Decision Memorandum are identical in
content.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 42974 (September 13, 2017) (Initiation
Notice).
\2\ See Memorandum, ``Certain Pasta from Italy: Extension of
Time Limit for Preliminary Results of the Countervailing Duty
Administrative Review,'' dated March 29, 2018.
\3\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Countervailing Duty Administrative Review and Partial
Rescission: Certain Pasta from Italy; 2016,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order
Imports covered by the order are shipments of certain non-egg dry
pasta in packages of five pounds four ounces or less, whether or not
enriched or fortified or containing milk or other optional ingredients
such as chopped vegetables, vegetable purees, milk, gluten, diastasis,
vitamins, coloring and flavorings, and up to two percent egg white. The
pasta covered by the scope of the order is typically sold in the retail
market, in fiberboard or cardboard cartons, or polyethylene or
polypropylene bags of varying dimensions. A full description of the
scope of the order is contained in the Preliminary Decision Memorandum,
which is hereby adopted by this notice.\4\
---------------------------------------------------------------------------
\4\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Partial Rescission
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, ``in whole or in part, if a party that requested
a review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review.'' The
requests for review for the following companies were withdrawn within
the 90-day limit: Alessio Panarese Soceieta Agricola, Antico Pastificio
Morelli 1860 S.r.l., Colussi Spa, Ghigi 1870 S.p.A., Industria
Alimentare Colavita, S.p.A., Pastificio Fratelli DeLuca S.r.l.,
Pastificio Mennucci SpA, and Tesa SrL.\5\ Therefore, Commerce is
rescinding the review, in part, with respect to these companies.
---------------------------------------------------------------------------
\5\ See Tesa SrL's, ``Pasta from Italy; Withdrawal of Request
for Administrative Review,'' dated October 10, 2017; see also Ghigi
1870 S.p.A.'s, ``Pasta from Italy; Withdrawal of Request for
Administrative Review,'' dated October 17, 2017; see also Industria
Alimentare Colavita, S.p.A.'s Letter, ``Certain Pasta from Italy:
Withdrawal of Request for CVD Administrative Review of Indalco
S.p.A.,'' dated December 10, 2017; see also Pastificio Mennucci
SpA's Letter, ``Pasta from Italy; Withdrawal of Request for
Administrative Review,'' dated December 12, 2017; see also Colussi
Spa's Letter, ``Pasta from Italy; Withdrawal of Request for
Administrative Review,'' dated December 12, 2017; see also Alessio
Panarese Soceieta Agricola's, Pastificio Fratelli DeLuca S.r.l.'s,
and Antico Pastificio Morelli 1860 S.r.l.'s Letter, ``Certain Dry
Pasta from Italy, C-475-819; Withdrawal of Request for Review,''
dated December 12, 2017.
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Methodology
We are conducting this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found to be countervailable, we preliminarily
find that there is a subsidy, i.e., a government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific.\6\ For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
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\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution, section 771(5)(E) of the Act regarding
benefit, and section 771(5A) of the Act regarding specificity.
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Preliminary Results of the Review
We preliminarily find the following net countervailable subsidy
rate for the mandatory respondent, GR.A.M.M. for the period January 1,
2016 through December 31, 2016:
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Company Net subsidy rate ad valorem
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GR.A.M.M. S.r.l........................... 1.21 percent.
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. For companies for which this review is rescinded, Commerce will
instruct CBP to assess countervailing duties on all appropriate entries
at a rate equal to the cash deposit of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption, during the period January 1, 2016, through December 31,
2016, in accordance with 19 CFR 351.212(c)(1)(i). We intend to issue
instructions to CBP 15 days after publication of the final results of
this review.
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amount shown above for GR.A.M.M. with
regard to shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits at the most recent
company specific or all-others rate applicable to the company. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
Disclosure and Public Comment
We will disclose to parties in this review the calculations
performed in reaching the preliminary results within five days of
publication of these preliminary results.\7\ Interested parties may
submit written comments (case briefs) on the preliminary results no
later than 30 days from the date of publication of this Federal
Register notice, and rebuttal comments (rebuttal briefs) within five
days after the time limit for filing case briefs.\8\ Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be limited to issues raised in the
case briefs. Parties who submit arguments are requested to submit with
the argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\9\ All briefs must be filed
electronically using ACCESS.
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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\9\ 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice. Hearing requests should contain: (1) The
party's name, address, and telephone number; (2) the number
[[Page 39420]]
of participants; and (3) a list of the issues to be discussed. Issues
addressed at the hearing will be limited to those raised in the briefs.
If a request for a hearing is made, parties will be notified of the
date and time for the hearing to be held at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.\10\
Commerce intends to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
the parties in their comments, no later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h), unless this deadline is extended.
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\10\ See 19 CFR 351.310(d).
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These preliminary results and notice are issued and published in
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR
351.221(b)(4).
Dated: August 3, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum:
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of the Administrative Review
V. Subsidy Valuation Information
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2018-17048 Filed 8-8-18; 8:45 am]
BILLING CODE 3510-DS-P