Certain Pasta From Italy: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017, 39685-39687 [2018-17047]
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Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices
of this administrative review; (2) for
merchandise exported by producers or
exporters not covered in this
administrative review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original investigation, but
the producer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 0.00
percent, the all-others rate established
in the investigation.6 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
2. Results of the Differential Pricing
Analysis
V. Date of Sale
VI. Product Comparisons
VII. Export Price
VIII. Normal Value
A. Home Market Viability as Comparison
Market
B. Affiliated Party Transactions and Arm’sLength Test
C. Level of Trade
D. Cost of Production
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
E. Calculation of Normal Value Based on
Comparison Market Prices
IX. Currency Conversion
X. Recommendation
Notification to Importers
International Trade Administration
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and
increase the subsequent assessment of
the antidumping duties by the amount
of the antidumping duties
reimbursement.
The preliminary results of review are
issued and published in accordance
with sections 751(a)(1) and 777(i) of the
Act and sections 19 CFR 351.213(h)(1)
and 351.221(b)(4).
[A–475–818]
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.
daltland on DSKBBV9HB2PROD with NOTICES
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
A. Comparisons to Normal Value
1. Determination of the Comparison
Method
Order.
Notice of Antidumping Duty Order and
Amended Final Determination of Sales at Less
1 See
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Jkt 244001
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Certain Pasta From Italy: Preliminary
Results of Antidumping Duty
Administrative Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
Ghigi 1870 S.p.A. (previously known as
Ghigi lndustria Agroalimentare Srl)
(Ghigi) and Pasta Zara S.p.A. (Pasta
Zara) (collectively Ghigi/Zara) made
sales of subject merchandise at less than
normal value during the period of
review (POR) and that Industria
Alimentare Colavita S.p.A. (Indalco) did
not. We invite interested parties to
comment on these preliminary results.
DATES: Effective Applicable August 10,
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.
AGENCY:
(POR) is July 1, 2016, through June 30,
2017.
Scope of the Order
The merchandise subject to the
Order 1 is certain pasta from Italy and 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. A full
description of the scope of the Order is
contained in the Preliminary Decision
Memorandum.2
Methodology
Commerce is conducting this review
in accordance with section 751(a)(2) of
the Tariff Act of 1930, as amended (the
Act). Constructed export price or export
price is calculated in accordance with
section 772 of the Act. Normal value is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying our
preliminary results, see Preliminary
Decision Memorandum. 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 is
available to all parties in the Central
Records Unit, Room B–8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an Appendix to this notice.
Preliminary Results of the Review
Background
Commerce is conducting an
administrative review of the
antidumping duty order on certain pasta
(pasta) from Italy. The period of review
As a result of this review, we
calculated a weighted-average dumping
margin of 5.97 percent for Ghigi/Zara
and a de minimis margin for Indalco for
the period July 1, 2016, through June 30,
2017. Therefore, in accordance with
section 735(c)(5)(A) of the Act, we
assigned the weighted-average dumping
margin of 5.97 percent calculated for
Ghigi/Zara to the seven non-selected
companies in these preliminary results,
as referenced below.
Than Fair Value: Certain Pasta from Italy, 61 FR
38547 (July 24, 1996) (AD Order).
2 See the ‘‘Decision Memorandum for the
Preliminary Results of Antidumping Duty
Appendix
6 See
[FR Doc. 2018–17160 Filed 8–9–18; 8:45 am]
39685
Administrative Review: Certain Pasta from Italy;
2016–2017,’’ dated concurrently and hereby
adopted by this notice (Preliminary Decision
Memorandum).
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39686
Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices
Weightedaverage
dumping
margin
(percent)
Producer and/or exporter
Ghigi 1870 S.p.A. and Pasta Zara S.p.A. (Zara) (collectively Ghigi/Zara) 3 .......................................................................................
Industria Alimentare Colavita S.p.A. (Indalco) ....................................................................................................................................
Agritalia S.r.L. (Agritalia) ......................................................................................................................................................................
Alessio, Panarese Soceieta Agricola (Alessio) ...................................................................................................................................
Antico Pastificio Morelli 1860 S.r.l. (Antico) ........................................................................................................................................
Colussi SpA (Colussi) ..........................................................................................................................................................................
Liguori Pastificio dal 1820 S.p.A. (Liguori) ..........................................................................................................................................
Pastificio Menucci SpA (Menucci) .......................................................................................................................................................
Tesa SrL (Tesa) ...................................................................................................................................................................................
Disclosure
We intend to disclosethe calculations
performed to parties in this proceeding
within five days after public
announcement of the preliminary
results.4
Public Comment
daltland on DSKBBV9HB2PROD with NOTICES
Pursuant to 19 CFR 351.309(c)(ii),
interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed no later than
five days after the date for filing case
briefs.5 Parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.6
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance. All
documents must be filed electronically
using ACCESS, which is available to
registered users at https://
acess.trade.gov. An electronically filed
request must be received successfully in
its entirety by ACCESS by 5:00 p.m.
Eastern Time, within 30 days after the
date of publication of this notice.7
Requests should contain: (1) The party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case and
rebuttal briefs.
3 See Certain Pasta from Italy: Final Results of
Antidumping Duty Administrative Review; 2015–
2016, 82 FR 57428, December 5, 2017, and the
accompanying Issues and Decision Memorandum at
comment 3.
4 See 19 CFR 351.224(b).
5 See 19 CFR 351.309(d).
6 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR
351.303 (for general filing requirements).
7 See 19 CFR 351.310(c).
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19:03 Aug 09, 2018
Jkt 244001
We intend to issue the final results of
this administrative review, including
the results of our analysis of the issues
raised in any written briefs, not later
than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rate
Upon issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review. If the weighted-average
dumping margin for Ghigi/Zara or
Indalco is above de minimis (i.e., more
than 0.5 percent) in the final results of
this review, we will calculate importerspecific assessment rates on the basis of
the ratio of the total amount of
antidumping duties calculated for each
importer’s examined sales and the total
entered value of sales in accordance
with 19 CFR 351.212(b)(1).8 If the
weighted-average dumping margin for
Ghigi/Zara or Indalco is zero or de
minimis in the final results of review,
we will instruct CBP not to assess duties
on any of their entries in accordance
with the Final Modification for
Reviews.9
For entries of subject merchandise
during the POR produced by each
respondent for which they did not know
that their merchandise was destined for
the United States, we will instruct CBP
to liquidate unreviewed entries at the
all-others rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
8 In these preliminary results, we applied the
assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
9 See Final Modification for Reviews, 77 FR at
8102.
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5.97
0.00
5.97
5.97
5.97
5.97
5.97
5.97
5.97
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 pasta from Italy entered, or
withdrawn from warehouse, for
consumption on or after the publication
of the final results of this administrative
review, as provided by section 751(a)(2)
of the Act: (1) The cash deposit rate for
respondents noted above will be the rate
established in the final results of this
administrative review; (2) for
merchandise exported by producers or
exporters not covered in this
administrative review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original investigation, but
the producer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other producers or
exporters will continue to be 15.45
percent, the all-others rate established
in the antidumping investigation as
modified by the section 129
determination.10 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
10 See Implementation of the Findings of the WTO
Panel in US—Zeroing (EC): Notice of
Determinations Under Section 129 of the Uruguay
Round Agreements Act and Revocations and Partial
Revocations of Certain Antidumping Duty Orders,
72 FR 25261 (May 4, 2007).
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39687
Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h)(1).
Dated: August 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. Discussion of Methodology
A. Comparisons to Normal Value
1. Determination of Comparison Method
2. Results of the Differential Pricing (DP)
Analysis
B. Product Comparisons
C. Date of Sale
D. Export Price/Constructed Export Price
E. Normal Value
1. Home Market Viability
2. Affiliated Party Transactions and the
Arm’s-Length Test
3. Cost of Production
a. Calculation of Cost of Production
b. Test of Comparison Market Prices
c. Results of the COP Test
F. Level of Trade
G. Calculation of Normal Value Based on
Comparison Market Prices
H. Calculation of Normal Value Based on
Constructed Value
I. Margins for Companies Not Selected for
Individual Examination
J. Currency Conversion
V. Recommendation
[FR Doc. 2018–17047 Filed 8–9–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
daltland on DSKBBV9HB2PROD with NOTICES
[A–583–837]
Polyethylene Terephthalate Film,
Sheet, and Strip From Taiwan:
Preliminary Results of Antidumping
Duty Administrative Review and
Preliminary Determination of No
Shipments; 2016–2017
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
AGENCY:
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19:03 Aug 09, 2018
Jkt 244001
The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty order on
polyethylene terephthalate film, sheet,
and strip (PET Film) from Taiwan. The
period of review (POR) is July 1, 2016,
through June 30, 2017. We preliminarily
determine that Nan Ya Plastics
Corporation (Nan Ya) did not make sales
below normal value (NV) and that
Shinkong Materials Technology
Corporation (SMTC) had no shipments
during the POR. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable August 10, 2018.
FOR FURTHER INFORMATION CONTACT:
Jacqueline Arrowsmith at (202) 482–
5255, AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Scope of the Order
The merchandise subject to the order
is PET Film. The PET Film subject to
the order is currently classifiable under
subheading 3920.62.00.90 of the
Harmonized Tariff Schedule of the
United States.1
Preliminary Determination of No
Shipments
Based on our analysis of U.S. Customs
and Border Protection (CBP)
information and information provided
by SMTC and its affiliate, Shinkong
Synthetic Fibers Corp. (SSFC), we
preliminarily determine that SMTC had
no shipments of the subject
merchandise during the POR.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(2) of
the Tariff Act of 1930, as amended (the
Act). Export price is calculated in
accordance with section 772 of the Act.
NV is calculated in accordance with
section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of topics
included in the Preliminary Decision
Memorandum is included at the
Appendix to this notice. The
1 A full description of the scope of the order is
contained in the memorandum, ‘‘Decision
Memorandum for Preliminary Results and Partial
Rescission of Antidumping Duty Administrative
Review: Polyethylene Terephthalate Film, Sheet,
and Strip from Taiwan; 2016–2017’’ (Preliminary
Decision Memorandum), which is hereby adopted
by this notice.
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
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 is
available to all parties in the Central
Records Unit in Room B8024 of the
main Commerce building. In addition, a
complete version of the Decision
Memorandum can be accessed directly
on the internet at https://enforcement.
trade.gov/frn/. The signed
and electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
As a result of this review, we
preliminarily determine the following
weighted-average dumping margin for
the period July 1, 2016, through June 30,
2017.
Manufacturer/exporter
Weightedaverage
dumping
margin
(percent)
Nan Ya Plastics Corporation ......
0.00
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties in this proceeding
within five days after public
announcement of the preliminary
results in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs not later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
filing case briefs.2 Parties who submit
case briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.3
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, must submit a written request
to the Acting Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS. An
electronically filed document must be
received successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice. Requests should contain: (1)
The party’s name, address and
2 See
19 CFR 351.309(d).
19 CFR 351.303 (for general filing
requirements).
3 See
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Agencies
[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39685-39687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17047]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Preliminary Results of Antidumping Duty
Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
Ghigi 1870 S.p.A. (previously known as Ghigi lndustria Agroalimentare
Srl) (Ghigi) and Pasta Zara S.p.A. (Pasta Zara) (collectively Ghigi/
Zara) made sales of subject merchandise at less than normal value
during the period of review (POR) and that Industria Alimentare
Colavita S.p.A. (Indalco) did not. We invite interested parties to
comment on these preliminary results.
DATES: Effective Applicable August 10, 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.
Background
Commerce is conducting an administrative review of the antidumping
duty order on certain pasta (pasta) from Italy. The period of review
(POR) is July 1, 2016, through June 30, 2017.
Scope of the Order
The merchandise subject to the Order \1\ is certain pasta from
Italy and 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. A full description of the scope of
the Order is contained in the Preliminary Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Order and Amended Final
Determination of Sales at Less Than Fair Value: Certain Pasta from
Italy, 61 FR 38547 (July 24, 1996) (AD Order).
\2\ See the ``Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Certain Pasta from Italy;
2016-2017,'' dated concurrently and hereby adopted by this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed
export price or export price is calculated in accordance with section
772 of the Act. Normal value is calculated in accordance with section
773 of the Act. For a full description of the methodology underlying
our preliminary results, see Preliminary Decision Memorandum. 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
is available to all parties in the Central Records Unit, Room B-8024 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. A list of the topics
discussed in the Preliminary Decision Memorandum is attached as an
Appendix to this notice.
Preliminary Results of the Review
As a result of this review, we calculated a weighted-average
dumping margin of 5.97 percent for Ghigi/Zara and a de minimis margin
for Indalco for the period July 1, 2016, through June 30, 2017.
Therefore, in accordance with section 735(c)(5)(A) of the Act, we
assigned the weighted-average dumping margin of 5.97 percent calculated
for Ghigi/Zara to the seven non-selected companies in these preliminary
results, as referenced below.
[[Page 39686]]
------------------------------------------------------------------------
Weighted-
average
Producer and/or exporter dumping margin
(percent)
------------------------------------------------------------------------
Ghigi 1870 S.p.A. and Pasta Zara S.p.A. (Zara) 5.97
(collectively Ghigi/Zara) \3\..........................
Industria Alimentare Colavita S.p.A. (Indalco).......... 0.00
Agritalia S.r.L. (Agritalia)............................ 5.97
Alessio, Panarese Soceieta Agricola (Alessio)........... 5.97
Antico Pastificio Morelli 1860 S.r.l. (Antico).......... 5.97
Colussi SpA (Colussi)................................... 5.97
Liguori Pastificio dal 1820 S.p.A. (Liguori)............ 5.97
Pastificio Menucci SpA (Menucci)........................ 5.97
Tesa SrL (Tesa)......................................... 5.97
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the
preliminary results.\4\
---------------------------------------------------------------------------
\3\ See Certain Pasta from Italy: Final Results of Antidumping
Duty Administrative Review; 2015-2016, 82 FR 57428, December 5,
2017, and the accompanying Issues and Decision Memorandum at comment
3.
\4\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Public Comment
Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit
case briefs not later than 30 days after the date of publication of
this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the date for filing
case briefs.\5\ Parties who submit case briefs or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\6\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.309(d).
\6\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance. All documents must be filed electronically using ACCESS,
which is available to registered users at https://acess.trade.gov. An
electronically filed request must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the
date of publication of this notice.\7\ Requests should contain: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
and rebuttal briefs.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
We intend to issue the final results of this administrative review,
including the results of our analysis of the issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rate
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. If the
weighted-average dumping margin for Ghigi/Zara or Indalco is above de
minimis (i.e., more than 0.5 percent) in the final results of this
review, we will calculate importer-specific assessment rates on the
basis of the ratio of the total amount of antidumping duties calculated
for each importer's examined sales and the total entered value of sales
in accordance with 19 CFR 351.212(b)(1).\8\ If the weighted-average
dumping margin for Ghigi/Zara or Indalco is zero or de minimis in the
final results of review, we will instruct CBP not to assess duties on
any of their entries in accordance with the Final Modification for
Reviews.\9\
---------------------------------------------------------------------------
\8\ In these preliminary results, we applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and Assessment Rate in
Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for Reviews).
\9\ See Final Modification for Reviews, 77 FR at 8102.
---------------------------------------------------------------------------
For entries of subject merchandise during the POR produced by each
respondent for which they did not know that their merchandise was
destined for the United States, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.
We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of pasta from Italy entered, or withdrawn from warehouse,
for consumption on or after the publication of the final results of
this administrative review, as provided by section 751(a)(2) of the
Act: (1) The cash deposit rate for respondents noted above will be the
rate established in the final results of this administrative review;
(2) for merchandise exported by producers or exporters not covered in
this administrative review but covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation, but the producer is, the
cash deposit rate will be the rate established for the most recently
completed segment of this proceeding for the producer of the subject
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 15.45 percent, the all-others rate
established in the antidumping investigation as modified by the section
129 determination.\10\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\10\ See Implementation of the Findings of the WTO Panel in US--
Zeroing (EC): Notice of Determinations Under Section 129 of the
Uruguay Round Agreements Act and Revocations and Partial Revocations
of Certain Antidumping Duty Orders, 72 FR 25261 (May 4, 2007).
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review
[[Page 39687]]
period. Failure to comply with this requirement could result in the
Secretary's presumption that reimbursement of antidumping and/or
countervailing duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1).
Dated: August 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. Discussion of Methodology
A. Comparisons to Normal Value
1. Determination of Comparison Method
2. Results of the Differential Pricing (DP) Analysis
B. Product Comparisons
C. Date of Sale
D. Export Price/Constructed Export Price
E. Normal Value
1. Home Market Viability
2. Affiliated Party Transactions and the Arm's-Length Test
3. Cost of Production
a. Calculation of Cost of Production
b. Test of Comparison Market Prices
c. Results of the COP Test
F. Level of Trade
G. Calculation of Normal Value Based on Comparison Market Prices
H. Calculation of Normal Value Based on Constructed Value
I. Margins for Companies Not Selected for Individual Examination
J. Currency Conversion
V. Recommendation
[FR Doc. 2018-17047 Filed 8-9-18; 8:45 am]
BILLING CODE 3510-DS-P