Certain Pasta From Italy: Notice of Partial Rescission of Antidumping Duty Administrative Review, 5055-5056 [2019-02786]

Download as PDF Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Notices Recommendation Notification to Importers This notice 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 duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties has occurred and that subsequent assessment of doubled antidumping duties. This notice also serves as the only reminder to parties subject to administrative protective order (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 or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h). Dated: February 12, 2019. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum Summary Background Scope of the Order Discussion of the Issues Comment 1: Selection of the Primary Surrogate Country Comment 2: Whether To Use the EMIM Mexican Labor Data Instead of ILO Mexican Labor Rate Comment 3: Selection of Mexican Surrogate Value Record Over the Brazilian and Bulgarian Surrogate Value Record A. Financial Statements B. Surrogate Value for Sodium Hydroxide (Caustic Soda) C. Other Bulgarian Surrogate Values D. Other Brazilian Surrogate Values Comment 4: Adjustment to Export Price for Free-of-Charge Packing Materials Comment 5: Calculation of Value-Added Tax (VAT) Expenses Comment 6: Assigning the NME-Entity Rate to Jiheng 17:16 Feb 19, 2019 Jkt 247001 BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–818] Certain Pasta From Italy: Notice of Partial Rescission of Antidumping Duty Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable February 20, 2019. 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: Administrative Protective Orders VerDate Sep<11>2014 [FR Doc. 2019–02782 Filed 2–19–19; 8:45 am] SUPPLEMENTARY INFORMATION: Background On July 3, 2018, the Department of Commerce (Commerce) published a notice of opportunity to request an administrative review of the antidumping duty order on certain pasta from Italy.1 Pursuant to requests from interested parties, and in accordance with section 751(a) of the Tariff Act of 1930, amended (the Act), Commerce published in the Federal Register the notice of initiation of an antidumping duty administrative review with respect to the following companies covering the period July 1, 2017, through June 30, 2018: Agritalia S.r.L. (Agritalia), Francesco Tamma S.p.A. (Tamma), Ghigi 1870 S.p.A. (Ghigi), Ghigi Industria Agroalimentare in San Clemente S.r.l., Pasta Zara S.p.A. (Zara), Industria Alimentare Colavita S.p.A. (Indalco), La Molisana S.p.A. (La Molisana), and Tesa SrL (Tesa).2 On October 1, 2018, Tamma timely withdrew its request for a review.3 On November 9, 2018, La Molisana timely 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 83 FR 31121 (July 3, 2018). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 45596 (September 10, 2018) (Initiation Notice). 3 See Letter from Tamma to Commerce, ‘‘Certain Dry Pasta from Italy, A–475–818—Withdrawal of Administrative Review Request of Francesco Tamma S.p.A.,’’ dated October 1, 2018. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 5055 withdrew its request for a review.4 No other party requested an administrative review of these particular companies. Partial Rescission of the 2017–2018 Administrative Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation of the requested review. All of the aforementioned withdrawal requests were timely submitted and no other interested party requested an administrative review of these particular companies. Therefore, in accordance with 19 CFR 351.213(d)(1), and consistent with our practice,5 we are rescinding this review of the antidumping duty order on certain pasta from Italy, in part, with respect to Tamma and La Molisana. The instant review will continue with respect to the following companies: Agritalia, Ghigi/Zara,6 Indalco, and Tesa. Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. For the companies for which this review is rescinded, Tamma and La Molisana, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period July 1, 2017, through June 30, 2018, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. 4 See Letter from La Molisana to Commerce, ‘‘Certain Dry Pasta from Italy A–475–818; Withdraw Request for Review,’’ dated November 9, 2018. 5 See, e.g., Certain Lined Paper Products from India: Notice of Partial Rescission of Antidumping Duty Administrative Review and Extension of Time Limit for the Preliminary Results of Antidumping Duty Administrative Review, 74 FR 21781 (May 11, 2009); see also Carbon Steel Butt-Weld Pipe Fittings from Thailand: Rescission of Antidumping Duty Administrative Review, 74 FR 7218 (February 13, 2009). 6 In the 2015–2016 antidumping duty administrative review of certain pasta from Italy, Commerce determined that Ghigi 1870 S.p.A. was formerly known as Ghigi Industria Agroalimentare in San Clemente S.r.l. We also collapased Ghigi 1870 S.p.A. and Pasta Zara S.p.A. (collectively, Ghigi/Zara). See Certain Pasta From Italy: Preliminary Results of Antidumping Duty Administrative Review; 2015–2016, 82 FR 36126 (August 3, 2017), unchanged in Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2015–2016, 82 FR 57428 (December 5, 2017). E:\FR\FM\20FEN1.SGM 20FEN1 5056 Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Notices Notification to Importers This notice serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protective Order This notice serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: February 14, 2019. 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. [FR Doc. 2019–02786 Filed 2–19–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an InQuota Rate of Duty Enforcement and Compliance, International Trade Administration Department of Commerce. AGENCY: DATES: Applicable February 20, 2019. FOR FURTHER INFORMATION CONTACT: Stephanie Moore, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW, Washington, DC 20230, telephone: (202) 482–3692. SUPPLEMENTARY INFORMATION: On October 18, 2018, the Department of Commerce (Commerce), pursuant to section 702(h) of the Trade Agreements Act of 1979 (as amended) (the Act), published the quarterly update to the annual listing of foreign government subsidies on articles of cheese subject to an in-quota rate of duty covering the period April 1, 2018, through June 30, 2018.1 In the Second Quarter 2018 Update, we requested that any party that has information on foreign government subsidy programs that benefit articles of cheese subject to an in-quote rate of duty submit such information to Commerce.2 We received no comments, information or requests for consultation from any party. Pursuant to section 702(h) of the Act, we hereby provide Commerce’s update of subsidies on articles of cheese that were imported during the period July 1, 2018, through September 30, 2018. The appendix to this notice lists the country, the subsidy program or programs, and the gross and net amounts of each subsidy for which information is currently available. Commerce will incorporate additional programs which are found to constitute subsidies, and additional information on the subsidy programs listed, as the information is developed. Commerce encourages any person having information on foreign government subsidy programs which benefit articles of cheese subject to an in-quota rate of duty to submit such information in writing to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Ave. NW, Washington, DC 20230. This determination and notice are in accordance with section 702(a) of the Act. Dated: February 13, 2019. 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 SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN–QUOTA RATE OF DUTY Gross 3 subsidy ($/lb) Country Program(s) 28 European Union Member States 5 Canada ......................................................................... Norway .......................................................................... European Union Restitution Payments ........................ Export Assistance on Certain Types of Cheese .......... Indirect (Milk) Subsidy .................................................. Consumer Subsidy ....................................................... Total ....................................................................... Deficiency Payments .................................................... Switzerland ................................................................... $0.00 0.46 0.00 0.00 0.00 0.00 Net 4 subsidy ($/lb) $0.00 0.46 0.00 0.00 0.00 0.00 [FR Doc. 2019–02785 Filed 2–19–19; 8:45 am] BILLING CODE 3510–DS–P 1 See Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty, 83 FR 52808 (October 18, 2018) (Second Quarter 2018 Update). 2 Id. VerDate Sep<11>2014 17:16 Feb 19, 2019 Jkt 247001 3 Defined in 19 U.S.C. 1677(5). in 19 U.S.C. 1677(6). 5 The 28 member states of the European Union are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, 4 Defined PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom. E:\FR\FM\20FEN1.SGM 20FEN1

Agencies

[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Notices]
[Pages 5055-5056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02786]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


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

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

DATES: Applicable February 20, 2019.

FOR FURTHER INFORMATION CONTACT: Joy Zhang or George McMahon, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1168 or (202) 482-1167, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 3, 2018, the Department of Commerce (Commerce) published a 
notice of opportunity to request an administrative review of the 
antidumping duty order on certain pasta from Italy.\1\ Pursuant to 
requests from interested parties, and in accordance with section 751(a) 
of the Tariff Act of 1930, amended (the Act), Commerce published in the 
Federal Register the notice of initiation of an antidumping duty 
administrative review with respect to the following companies covering 
the period July 1, 2017, through June 30, 2018:
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 83 FR 31121 (July 3, 2018).
---------------------------------------------------------------------------

    Agritalia S.r.L. (Agritalia), Francesco Tamma S.p.A. (Tamma), Ghigi 
1870 S.p.A. (Ghigi), Ghigi Industria Agroalimentare in San Clemente 
S.r.l., Pasta Zara S.p.A. (Zara), Industria Alimentare Colavita S.p.A. 
(Indalco), La Molisana S.p.A. (La Molisana), and Tesa SrL (Tesa).\2\
---------------------------------------------------------------------------

    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 45596 (September 10, 2018) (Initiation 
Notice).
---------------------------------------------------------------------------

    On October 1, 2018, Tamma timely withdrew its request for a 
review.\3\ On November 9, 2018, La Molisana timely withdrew its request 
for a review.\4\ No other party requested an administrative review of 
these particular companies.
---------------------------------------------------------------------------

    \3\ See Letter from Tamma to Commerce, ``Certain Dry Pasta from 
Italy, A-475-818--Withdrawal of Administrative Review Request of 
Francesco Tamma S.p.A.,'' dated October 1, 2018.
    \4\ See Letter from La Molisana to Commerce, ``Certain Dry Pasta 
from Italy A-475-818; Withdraw Request for Review,'' dated November 
9, 2018.
---------------------------------------------------------------------------

Partial Rescission of the 2017-2018 Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation of the requested review. All of 
the aforementioned withdrawal requests were timely submitted and no 
other interested party requested an administrative review of these 
particular companies. Therefore, in accordance with 19 CFR 
351.213(d)(1), and consistent with our practice,\5\ we are rescinding 
this review of the antidumping duty order on certain pasta from Italy, 
in part, with respect to Tamma and La Molisana.
---------------------------------------------------------------------------

    \5\ See, e.g., Certain Lined Paper Products from India: Notice 
of Partial Rescission of Antidumping Duty Administrative Review and 
Extension of Time Limit for the Preliminary Results of Antidumping 
Duty Administrative Review, 74 FR 21781 (May 11, 2009); see also 
Carbon Steel Butt-Weld Pipe Fittings from Thailand: Rescission of 
Antidumping Duty Administrative Review, 74 FR 7218 (February 13, 
2009).
---------------------------------------------------------------------------

    The instant review will continue with respect to the following 
companies: Agritalia, Ghigi/Zara,\6\ Indalco, and Tesa.
---------------------------------------------------------------------------

    \6\ In the 2015-2016 antidumping duty administrative review of 
certain pasta from Italy, Commerce determined that Ghigi 1870 S.p.A. 
was formerly known as Ghigi Industria Agroalimentare in San Clemente 
S.r.l. We also collapased Ghigi 1870 S.p.A. and Pasta Zara S.p.A. 
(collectively, Ghigi/Zara). See Certain Pasta From Italy: 
Preliminary Results of Antidumping Duty Administrative Review; 2015-
2016, 82 FR 36126 (August 3, 2017), unchanged in Certain Pasta From 
Italy: Final Results of Antidumping Duty Administrative Review; 
2015-2016, 82 FR 57428 (December 5, 2017).
---------------------------------------------------------------------------

Assessment

    Commerce will instruct U.S. Customs and Border Protection (CBP) to 
assess antidumping duties on all appropriate entries. For the companies 
for which this review is rescinded, Tamma and La Molisana, antidumping 
duties shall be assessed at rates equal to the cash deposit of 
estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the period July 1, 
2017, through June 30, 2018, in accordance with 19 CFR 
351.212(c)(1)(i).
    Commerce intends to issue appropriate assessment instructions 
directly to CBP 15 days after publication of this notice.

[[Page 5056]]

Notification to Importers

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

Notification Regarding Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
an APO in accordance with 19 CFR 351.305(a)(3), which continues to 
govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: February 14, 2019.
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.
[FR Doc. 2019-02786 Filed 2-19-19; 8:45 am]
 BILLING CODE 3510-DS-P