Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2016-2017, 63627-63629 [2018-26771]
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Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices
intermediate company (or companies)
involved in the transaction.5 We intend
to issue appropriate instructions to CBP
15 days after the date of publication of
the final results of this review.
For the company for which this
review is rescinded (i.e., Miwon),
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 in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions with respect to the
company for which this review is being
rescinded to CBP 15 days after the
publication of this notice.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for CJ Indonesia
will be the rate established in the final
results of this review, except if the rate
is less than 0.5 percent and, therefore,
de minimis within the meaning of 19
CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for
previously reviewed or investigated
companies not participating in this
review, the cash deposit rate will
continue to be the company-specific rate
published for the most recent period; (3)
if the exporter is not a firm covered in
this review, a prior review, or the lessthan-fair-value (LTFV) investigation, but
the manufacturer is covered in this
review, the cash deposit rate will be the
rate established for the most recent
period for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 6.19
percent, the all-others rate established
in the LTFV investigation.6 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Disclosure and Public Comment
amozie on DSK3GDR082PROD with NOTICES1
Commerce intends to disclose to
interested parties the calculations
5 See
Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
6 See Monosodium Glutamate from the People’s
Republic of China, and the Republic of Indonesia:
Antidumping Duty Orders; and Monosodium
Glutamate from the People’s Republic of China:
Amended Final Determination of Sales at Less
Than Fair Value, 79 FR 70505 (November 26, 2014).
VerDate Sep<11>2014
17:51 Dec 10, 2018
Jkt 247001
performed in reaching these preliminary
results within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b). Interested
parties may submit written comments
(case briefs) at a date to be determined
by Commerce and rebuttal comments
(rebuttal briefs) within five days after
the time limit for filing case briefs.7
Rebuttal briefs must be limited to issues
raised in the case briefs.8 Commerce
will notify interested parties when it has
determined a deadline for case briefs.
Parties who submit case or rebuttal
briefs 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
Interested parties who wish to request
a hearing must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, using Enforcement and
Compliance’s ACCESS system.10
Hearing requests should contain the
party’s name, address, and telephone
number, the number of participants, and
a list of the issues to be discussed. If a
request for a hearing is made, we will
inform parties of the scheduled date for
the hearing, which will be held at the
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW,
Washington, DC 20230, at a time and
location to be determined.11 Parties
should confirm by telephone the date,
time, and location of the hearing. Issues
addressed at the hearing will be limited
to those raised in the briefs.12 All briefs
and hearing requests must be filed
electronically and received successfully
in their entirety through ACCESS by
5:00 p.m. Eastern Time by their
respective deadlines.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the date of
publication of this notice, unless
otherwise extended.13
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping and/or
7 See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
Interested parties will be notified through ACCESS
regarding the deadline for submitting case briefs.
8 See 19 CFR 351.309(d)(2).
9 See 19 CFR 351.309(c)(2) and (d)(2).
10 See 19 CFR 351.310(c).
11 See 19 CFR 351.310.
12 See 19 CFR 351.310(c).
13 See section 751(a)(3)(A) of the Act.
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Fmt 4703
Sfmt 4703
63627
countervailing duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties and/or countervailing duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: December 3, 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.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. Discussion of the Methodology
A. Comparison to Normal Value
1. Determination of Comparison Method
2. Results of Differential Pricing Analysis
B. Product Comparisons
C. Date of Sale
D. Constructed Export Price
VI. 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 Analysis
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of Cost of Production Test
4. Calculation of Normal Value Based on
Comparison Prices
VII. Currency Conversion
VIII. Verification
IX. Recommendation
[FR Doc. 2018–26772 Filed 12–10–18; 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; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Ghigi 1870
S.p.A. and Pasta Zara S.p.A.
(collectively, Ghigi/Zara) sold pasta
AGENCY:
E:\FR\FM\11DEN1.SGM
11DEN1
63628
Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices
from Italy at less than normal value
(NV) during the period of review (POR)
July 1, 2016, through June 30, 2017, but
Industria Alimentare Colavita S.p.A.
(Indalco) did not.
DATES: Applicable December 11, 2018.
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
Commerce published the Preliminary
Results on August 10, 2018.1 For events
subsequent to the Preliminary Results,
see Commerce’s Issues and Decision
Memorandum.2
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.3
Analysis of Comments Received
amozie on DSK3GDR082PROD with NOTICES1
In the Issues and Decision
Memorandum, we addressed all issues
raised in parties’ case and rebuttal
briefs. In the Appendix to this notice,
we provide a list of the issues raised by
parties. 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://
1 See Certain Pasta from Italy: Preliminary Results
of Antidumping Duty Administrative Review; 2016–
2017, 83 FR 39685 (August 10, 2018) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Certain Pasta from Italy:
Issues and Decision Memorandum for the Final
Results; 2016–2017,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
3 See Issues and Decision Memorandum for a
complete description of the scope of the Order.
VerDate Sep<11>2014
17:51 Dec 10, 2018
Jkt 247001
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 our review of the record and
comments received from interested
parties, these final results do not differ
from the Preliminary Results with
respect to Ghigi/Zara, Indalco, and the
seven firms not subject to individual
review.4
Final Results of the Review
As a result of this review, Commerce
calculated a weighted-average dumping
margin that is above de minimis for
Ghigi/Zara and a zero margin for
Indalco for the POR. Therefore,
consistent with its practice and the
methodology set forth in section
735(c)(5)(A) of the Tariff Act of 1930, as
amended (the Act), Commerce assigned
the weighted-average dumping margin
calculated for Ghigi/Zara to the seven
non-selected companies in these final
results, as referenced below.
Producer and/or exporter
Weightedaverage
dumping
margin
(percent)
Ghigi 1870 S.p.A. and Pasta
Zara S.p.A. (Zara) (collectively Ghigi/Zara) ...............
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) ...................
5.97
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),
Commerce 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 Commerce’s
‘‘automatic assessment’’ practice,6 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
after publication of the final results of
this review.
Cash Deposit Requirements
0.00
5.97
The following cash deposit
requirements will be effective upon
publication of the notice of final results
5.97
of administrative review for all
5.97 shipments of subject merchandise
5.97 entered, or withdrawn from warehouse,
for consumption on or after the
5.97 publication of the final results of this
administrative review, as provided by
5.97 section 751(a)(2) of the Act: (1) The cash
5.97 deposit rate for respondents noted above
will be the rate established in the final
Duty Assessment
results of this administrative review; (2)
Pursuant to section 751(a)(2)(C) of the for merchandise exported by
manufacturers or exporters not covered
Act and 19 CFR 351.212(b), Commerce
in this administrative review but
shall determine and Customs and
covered in a prior segment of the
Border Protection (CBP) shall assess
proceeding, the cash deposit rate will
antidumping duties on all appropriate
entries.5 For any individually examined continue to be the company specific rate
published for the most recently
respondent whose weighted-average
completed segment of this proceeding;
dumping margin is above de minimis,
(3) if the exporter is not a firm covered
4 The seven companies not subject to individual
in this review, a prior review, or the
review are listed in the ‘‘Final Results of Review’’
original investigation, but the
section below.
manufacturer is, the cash deposit rate
5 In these final results, Commerce applied the
will be the rate established for the most
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).
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
6 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
E:\FR\FM\11DEN1.SGM
11DEN1
Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices
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.
Disclosure
We intend to disclose the calculations
performed to parties in this proceeding
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
Appendix
List of Topics Discussed in the Final Issues
and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment: Whether to Recalculate Ghigi/
Zara’s Material Cost as One WeightedAverage Cost
V. Recommendation
[FR Doc. 2018–26771 Filed 12–10–18; 8:45 am]
Notification to Importers Regarding the
Reimbursement of Duties
BILLING CODE 3510–DS–P
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
Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of doubled
antidumping duties.
DEPARTMENT OF COMMERCE
Notification Regarding Administrative
Protective Order
amozie on DSK3GDR082PROD with NOTICES1
Dated: December 4, 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.
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).
VerDate Sep<11>2014
17:51 Dec 10, 2018
Jkt 247001
National Oceanic and Atmospheric
Administration
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Greater Atlantic Region
Surfclam and Ocean Quahog ITQ
Administration.
OMB Control Number: 0648–0240.
Form Number(s): None.
Type of Request: Regular (extension of
a currently approved information
collection).
Number of Respondents: 177.
Average Hours per Response:: ITQ
permit application form, review of a
pre-filled form for renewing entities,
ITQ transfer form, 5 minutes each; 1
hour to complete the ITQ ownership
form for new applicants and 30 minutes
for the application to shuck surfclams
and ocean quahogs at sea. The
requirements under the PSP protocol are
based on the number of vessels that land
surfclams or ocean quahogs and the
number of trips taken into the area, with
a total estimated annual burden of 3
hours per vessel.
Burden Hours: 2,473.
Needs and Uses: This request is for an
extension of a currently approved
collection associated with the Atlantic
surfclam and ocean quahog fisheries.
National Marine Fisheries Service
(NMFS) Greater Atlantic Region
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
63629
manages these fisheries in the Exclusive
Economic Zone (EEZ) of the
Northeastern United States through the
Atlantic Surfclam and Ocean Quahog
Fishery Management Plan (FMP). The
Mid-Atlantic Fishery Management
Council prepared the FMP pursuant to
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). The
regulations implementing the FMP are
specified at 50 CFR part 648.
The recordkeeping and reporting
requirements at §§ 648.74, 648.75, and
648.76 form the basis for this collection
of information. We request information
from surfclam and ocean quahog
individual transferable quota (ITQ)
permit holders to issue ITQ permits and
to process and track requests from
permit holders to transfer quota share or
cage tags. We also request information
from surfclam and ocean quahog ITQ
permit holders to track and properly
account for surfclam and ocean quahog
harvest shucked at sea. Because there is
not a standard conversion factor for
estimating unshucked product from
shucked product, NMFS requires
vessels that shuck product at sea to
carry on board the vessel a NMFSapproved observer to certify the amount
of these clams harvested. This
information, upon receipt, results in an
efficient and accurate database for
management and monitoring of fisheries
of the Northeastern U.S. EEZ.
Georges Bank has been closed to the
harvest of surfclams and ocean quahogs
since 1990 due to red tide blooms that
cause paralytic shellfish poisoning
(PSP). We reopened a portion of the
Georges Bank Closed Area starting in
2012 under certain conditions. We
request information from surfclam and
ocean quahog ITQ permit holders who
fish in the reopened area to ensure
compliance with the Protocol for
Onboard Screening and Dockside
Testing in Molluscan Shellfish. The U.S.
Food and Drug Administration, the
commercial fishing industry, and NMFS
developed the PSP protocol to test and
verify that clams harvested from
Georges Bank continue to be safe for
human consumption. The National
Shellfish Sanitation Program adopted
the PSP protocol at the October 2011
Interstate Shellfish Sanitation
Conference.
Affected Public: Business or other forprofit organizations; individuals or
households.
Frequency: Annually and on occasion.
Respondent’s Obligation: Mandatory.
This information collection request
may be viewed at reginfo.gov. Follow
the instructions to view Department of
E:\FR\FM\11DEN1.SGM
11DEN1
Agencies
[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Notices]
[Pages 63627-63629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26771]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Final Results of Antidumping Duty
Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Ghigi
1870 S.p.A. and Pasta Zara S.p.A. (collectively, Ghigi/Zara) sold pasta
[[Page 63628]]
from Italy at less than normal value (NV) during the period of review
(POR) July 1, 2016, through June 30, 2017, but Industria Alimentare
Colavita S.p.A. (Indalco) did not.
DATES: Applicable December 11, 2018.
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
Commerce published the Preliminary Results on August 10, 2018.\1\
For events subsequent to the Preliminary Results, see Commerce's Issues
and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Certain Pasta from Italy: Preliminary Results of
Antidumping Duty Administrative Review; 2016-2017, 83 FR 39685
(August 10, 2018) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Certain Pasta from Italy: Issues and
Decision Memorandum for the Final Results; 2016-2017,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
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.\3\
---------------------------------------------------------------------------
\3\ See Issues and Decision Memorandum for a complete
description of the scope of the Order.
---------------------------------------------------------------------------
Analysis of Comments Received
In the Issues and Decision Memorandum, we addressed all issues
raised in parties' case and rebuttal briefs. In the Appendix to this
notice, we provide a list of the issues raised by parties. 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 our review of the record and comments received from
interested parties, these final results do not differ from the
Preliminary Results with respect to Ghigi/Zara, Indalco, and the seven
firms not subject to individual review.\4\
---------------------------------------------------------------------------
\4\ The seven companies not subject to individual review are
listed in the ``Final Results of Review'' section below.
---------------------------------------------------------------------------
Final Results of the Review
As a result of this review, Commerce calculated a weighted-average
dumping margin that is above de minimis for Ghigi/Zara and a zero
margin for Indalco for the POR. Therefore, consistent with its practice
and the methodology set forth in section 735(c)(5)(A) of the Tariff Act
of 1930, as amended (the Act), Commerce assigned the weighted-average
dumping margin calculated for Ghigi/Zara to the seven 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) 5.97
(collectively Ghigi/Zara)..............................
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
------------------------------------------------------------------------
Duty Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine and Customs and Border Protection (CBP) shall
assess antidumping duties on all appropriate entries.\5\ 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), Commerce 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.
---------------------------------------------------------------------------
\5\ In these final results, Commerce 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).
---------------------------------------------------------------------------
In accordance with Commerce's ``automatic assessment'' practice,\6\
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.
---------------------------------------------------------------------------
\6\ For a full discussion of this clarification, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
We intend to issue assessment instructions directly to CBP 15 days
after publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section 751(a)(2)
of the Act: (1) The cash deposit rate for respondents noted above will
be the rate established in the final results of this administrative
review; (2) for merchandise exported by manufacturers or exporters not
covered in this administrative review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company
specific rate published for the most recently completed segment of this
proceeding; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation, but the manufacturer is,
the cash deposit rate will be the rate established for the most
[[Page 63629]]
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.
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
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 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 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: December 4, 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.
Appendix
List of Topics Discussed in the Final Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment: Whether to Recalculate Ghigi/Zara's Material Cost as
One Weighted-Average Cost
V. Recommendation
[FR Doc. 2018-26771 Filed 12-10-18; 8:45 am]
BILLING CODE 3510-DS-P