Certain Pasta From Italy: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 48114-48116 [2019-19790]
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48114
Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Notices
For entries of subject merchandise
during the POR produced by the
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. We intend to issue
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of
PET film from Taiwan entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for the company
under review will be the rate
established in the final results of this
review (except, if the rate is zero or de
minimis, no cash deposit will be
required); (2) for previously reviewed or
investigated companies not listed above,
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 less-thanfair-value investigation, but the
manufacturer is, 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 is 2.40 percent.13 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
jbell on DSK3GLQ082PROD with NOTICES
Notification to Interested Parties
This notice also 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
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
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).
13 See
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments for SMTC
V. Comparisons to Normal Value
VI. Date of Sale
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2019–19792 Filed 9–11–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta From Italy: Preliminary
Results of Antidumping Duty
Administrative Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Ghigi 1870 S.p.A. (Ghigi) and Pasta
Zara S.p.A. (Pasta Zara) (collectively
Ghigi/Zara) sold certain pasta from Italy
(pasta) at less than normal value (NV)
during the period of review (POR) July
1, 2017 through June 30, 2018, and
Industria Alimentare Colavita S.p.A.
(Indalco) did not sell pasta at less than
NV during the POR. Interested parties
are invited to comment on these
preliminary results.
DATES: Applicable September 12, 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:
Background
On September 10, 2018, Commerce
published the notice of initiation of this
administrative review of certain pasta
from Italy covering the following
companies: Agritalia S.r.L. (Agritalia),
Francesco Tamma S.p.A. (Tamma),
Ghigi, Ghigi Industria Agroalimentare
Srl (Ghigi Industria),1 Pasta Zara,
1 Ghigi and Ghigi Industria were listed separately
in the Initiation Notice. In the 2015–16
Order.
VerDate Sep<11>2014
Dated: September 6, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
17:27 Sep 11, 2019
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Fmt 4703
Sfmt 4703
Indalco, La Molisana S.p.A. (La
Molisana), and Tesa SrL (Tesa).2
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018 through the
resumption of operations on January 29,
2019.3 On February 20, 2019, we
rescinded the administrative review
with respect to Tamma and La
Molisana.4 On April 16, 2019,
Commerce extended the deadline of
these preliminary results until
September 6, 2019.5 The events that
have occurred between initiation and
these preliminary results are discussed
in the Preliminary Decision
Memorandum.6
Scope of the Order
The merchandise subject to the
Order 7 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.
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
administrative review of this order, Commerce
determined that Ghigi 1870 S.p.A. was formerly
known as Ghigi Industria. See Certain Pasta From
Italy: Final Results of Antidumping Duty
Administrative Review; 2015–2016, 82 FR 57428
(December 5, 2017). Accordingly, we are
conducting the review on Ghigi and intend to assess
antidumping duties calculated for Ghigi to any
entries made by Ghigi Industria during the POR.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
45596 (September 10, 2018) (Initiation Notice).
3 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
4 See Certain Pasta from Italy: Notice of Partial
Rescission of Antidumping Duty Administrative
Review, 84 FR 5055 (February 20, 2019).
5 See Memorandum, ‘‘Certain Pasta from Italy:
Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review; 2017/
2018,’’ dated April 16, 2019.
6 See Preliminary Decision Memorandum.
7 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) (Order).
E:\FR\FM\12SEN1.SGM
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Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Notices
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
Commerce building. In addition, 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 96.79 percent for Ghigi/Zara 8
and 0.00 percent for Indalco for the
period July 1, 2017 through June 30,
2018. In accordance with section
735(c)(5)(A) of the Act, we assigned the
weighted-average dumping margin
calculated for Ghigi/Zara to the
following companies that were not
selected for individual examination in
this review: Agritalia and Tesa.
Weightedaverage
dumping
margin
(percent)
Producer and/or exporter
Ghigi 1870 S.p.A. and Pasta Zara
S.p.A ..................................................
Industria Alimentare Colavita S.p.A ......
Agritalia S.r.L .........................................
Tesa SrL ................................................
96.79
0.00
96.79
96.79
jbell on DSK3GLQ082PROD with NOTICES
Assessment Rates
Upon issuance of the final results in
this administrative review, Commerce
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries in accordance with 19 CFR
351.212(b)(1). If the weighted-average
dumping margin for Ghigi/Zara or
Indalco is not zero or de minimis (i.e.,
less than 0.5 percent) in the final results
of this review, we will calculate
importer-specific ad valorem
assessment rates on the basis on the
ratio of the total amount of antidumping
8 In the current review, we continue to treat Ghigi
and Zara as a single entity. See Certain Pasta from
Italy: Final Results of Antidumping Duty
Administrative Review; 2015–2016, 82 FR 57428
(December 5, 2017), and accompanying Issues and
Decision Memorandum at Comment 3 (discussing
Commerce’s determination to collapse Ghigi and
Zara).
VerDate Sep<11>2014
17:27 Sep 11, 2019
Jkt 247001
duties calculated for each importer’s
examined sales and the total entered
value of the sales in accordance with 19
CFR 351.212(b)(1).9 We will instruct
CBP to assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis. Where the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
The final results of this review shall be
the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.
For entries of subject merchandise
during the POR produced by the
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.
We intend to issue instructions to
CBP 15 days after the date of
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
9 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).
PO 00000
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Fmt 4703
Sfmt 4703
48115
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.
Disclosure and Public Comment
Commerce intends to disclose to the
parties to the proceeding the
calculations performed in connection
with these preliminary results to
interested parties within five days of
publication of this notice.11
Interested parties may submit case
briefs to Commerce in response to these
preliminary results no later than 30 days
after the publication of this notice.12
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.13 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.14
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. An electronically-filed request
for a hearing must be received
successfully in its entirety by ACCESS
by 5 p.m. Eastern Time within 30 days
after the date of publication of this
notice.15 Hearing 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 issues raised
in the briefs. If a request for a hearing
is made, parties will be notified of the
time and date for the hearing to be held
at the U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230.16
Commerce intends to issue the final
results of this administrative 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).
11 See 19 CFR 351.224(b).
12 See 19 CFR 351.309(c)(1)(ii).
13 See 19 CFR 351.309(d)(1) and (2).
14 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR
351.303 (for general filing requirements).
15 See 19 CFR 351.310(c); 19 CFR 351.303(b)(1).
16 See 19 CFR 351.310(c).
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48116
Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Notices
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 these preliminary results
in the Federal Register, unless
otherwise extended.17
Notification to Importers
This notice also 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
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 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: September 6, 2019.
Jeffrey I. Kessler,
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. Discussion of Methodology
V. Recommendation
[FR Doc. 2019–19790 Filed 9–11–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–854]
Certain Steel Nails From Taiwan:
Preliminary Results of Antidumping
Duty Administrative Review; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Liang Chyuan Industrial Co., Ltd.
(LC); PT Enterprise, Inc. (PT Enterprise)
and its affiliated producer Pro-Team
Coil Nail Enterprise, Inc. (Pro-Team)
(collectively, PT) and Unicatch
Industrial Co. Ltd. (Unicatch) made U.S.
sales of subject merchandise below
normal value during the period of
jbell on DSK3GLQ082PROD with NOTICES
AGENCY:
17 See
section 751(a)(3)(A) of the Act.
VerDate Sep<11>2014
17:27 Sep 11, 2019
Jkt 247001
review (POR) July 1, 2017 through June
30, 2018. Interested parties are invited
to comment on these preliminary
results.
DATES: Applicable September 12, 2019.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, Suzanne Lam, or Joseph
Dowling, AD/CVD Operations, Office
VIII, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6905,
(202) 482–0783, or (202) 482–6905,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on certain steel
nails from Taiwan. On September 10,
2018, based on timely requests for
review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an
administrative review on certain steel
nails from Taiwan.1 This review covers
PT 2 3 and Unicatch, and two additional
companies not selected for individual
examination. Commerce exercised its
discretion to toll all deadlines affected
by the partial federal government
closure from December 22, 2018 through
the resumption of operations on January
29, 2019.4 The tolled deadline for the
preliminary results of this review fell on
May 13, 2019. On March 4, 2018, we
extended the deadline for the
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
45596 (September 10, 2018).
2 Commerce has preliminarily determined that LC
and Integral Building Products Inc. (Integral) are
affiliated pursuant to section 771(33) of the Act and,
further, that these companies comprise a single
entity pursuant to 19 CFR 351.401(f). For a
complete discussion of this determination, see
Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Certain Steel Nails from
Taiwan; 2017–2018,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
3 Commerce determined that Pro-Team and PT
Enterprise comprise a single entity in a prior
segment of the proceeding, and we find no new
information in this segment that contradicts that
finding. See Certain Steel Nails from Taiwan:
Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission of
Administrative Review; 2015–2016, 82 FR 36744
(August 7, 2017), and accompanying Preliminary
Decision Memorandum, unchanged in Certain Steel
Nails from Taiwan: Final Results of Antidumping
Duty Administrative Review and Partial Rescission
of Administrative Review; 2015–2016, 83 FR 6163
(February 13, 2018). Accordingly, we have
preliminarily continued to treat PT Enterprise and
Pro-Team as a single entity.
4 See Memorandum, ‘‘Deadlines Affected by the
Partial Shutdown of the Federal Government,’’
dated January 28, 2019. All deadlines in this
segment of the proceeding have been extended by
40 days.
PO 00000
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Fmt 4703
Sfmt 4703
preliminary results to September 6,
2019.5 For a complete description of the
events that followed the initiation of
this administrative review, see the
Preliminary Decision Memorandum.6
Scope of the Order 7
The merchandise covered by this
order is certain steel nails. The certain
steel nails subject to the order are
currently classifiable under HTSUS
subheadings 7317.00.55.02,
7317.00.55.03, 7317.00.55.05,
7317.00.55.07, 7317.00.55.08,
7317.00.55.11, 7317.00.55.18,
7317.00.55.19, 7317.00.55.20,
7317.00.55.30, 7317.00.55.40,
7317.00.55.50, 7317.00.55.60,
7317.00.55.70, 7317.00.55.80,
7317.00.55.90, 7317.00.65.30,
7317.00.65.60 and 7317.00.75.00.
Certain steel nails subject to this order
also may be classified under HTSUS
subheadings 7907.00.60.00,
8206.00.00.00 or other HTSUS
subheadings. Although the HTSUS
numbers are provided for convenience
and for customs purposes, the written
product description, available in the
Preliminary Decision Memorandum,
remains dispositive.
Methodology
Commerce has conducted this review
in accordance with section 751(a)(1) of
the Tariff Act of 1930, as amended (the
Act). Normal value is calculated in
accordance with section 773 of the Act.
Export price or constructed export price
is calculated in accordance with section
772 of the Act. For a full description of
the methodology underlying our
conclusions, see the 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
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed Preliminary
Decision Memorandum and the
5 See Memorandum, ‘‘Certain Steel Nails from
Taiwan: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative
Review,’’ dated March 4, 2019.
6 See Preliminary Decision Memorandum.
7 See Certain Steel Nails from the Republic of
Korea, Malaysia, the Sultanate of Oman, Taiwan,
and the Socialist Republic of Vietnam:
Antidumping Duty Orders, 80 FR 39994 (July 13,
2015) (Order).
E:\FR\FM\12SEN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Notices]
[Pages 48114-48116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19790]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Preliminary Results of Antidumping Duty
Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Ghigi 1870 S.p.A. (Ghigi) and Pasta Zara S.p.A. (Pasta Zara)
(collectively Ghigi/Zara) sold certain pasta from Italy (pasta) at less
than normal value (NV) during the period of review (POR) July 1, 2017
through June 30, 2018, and Industria Alimentare Colavita S.p.A.
(Indalco) did not sell pasta at less than NV during the POR. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable September 12, 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.
Background
On September 10, 2018, Commerce published the notice of initiation
of this administrative review of certain pasta from Italy covering the
following companies: Agritalia S.r.L. (Agritalia), Francesco Tamma
S.p.A. (Tamma), Ghigi, Ghigi Industria Agroalimentare Srl (Ghigi
Industria),\1\ Pasta Zara, Indalco, La Molisana S.p.A. (La Molisana),
and Tesa SrL (Tesa).\2\ Commerce exercised its discretion to toll all
deadlines affected by the partial federal government closure from
December 22, 2018 through the resumption of operations on January 29,
2019.\3\ On February 20, 2019, we rescinded the administrative review
with respect to Tamma and La Molisana.\4\ On April 16, 2019, Commerce
extended the deadline of these preliminary results until September 6,
2019.\5\ The events that have occurred between initiation and these
preliminary results are discussed in the Preliminary Decision
Memorandum.\6\
---------------------------------------------------------------------------
\1\ Ghigi and Ghigi Industria were listed separately in the
Initiation Notice. In the 2015-16 administrative review of this
order, Commerce determined that Ghigi 1870 S.p.A. was formerly known
as Ghigi Industria. See Certain Pasta From Italy: Final Results of
Antidumping Duty Administrative Review; 2015-2016, 82 FR 57428
(December 5, 2017). Accordingly, we are conducting the review on
Ghigi and intend to assess antidumping duties calculated for Ghigi
to any entries made by Ghigi Industria during the POR.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 45596 (September 10, 2018) (Initiation
Notice).
\3\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\4\ See Certain Pasta from Italy: Notice of Partial Rescission
of Antidumping Duty Administrative Review, 84 FR 5055 (February 20,
2019).
\5\ See Memorandum, ``Certain Pasta from Italy: Extension of
Time Limit for Preliminary Results of Antidumping Duty
Administrative Review; 2017/2018,'' dated April 16, 2019.
\6\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order \7\ 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.
---------------------------------------------------------------------------
\7\ 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) (Order).
---------------------------------------------------------------------------
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
[[Page 48115]]
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 Commerce building. In addition,
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 96.79 percent for Ghigi/Zara \8\ and 0.00 percent for
Indalco for the period July 1, 2017 through June 30, 2018. In
accordance with section 735(c)(5)(A) of the Act, we assigned the
weighted-average dumping margin calculated for Ghigi/Zara to the
following companies that were not selected for individual examination
in this review: Agritalia and Tesa.
---------------------------------------------------------------------------
\8\ In the current review, we continue to treat Ghigi and Zara
as a single entity. See Certain Pasta from Italy: Final Results of
Antidumping Duty Administrative Review; 2015-2016, 82 FR 57428
(December 5, 2017), and accompanying Issues and Decision Memorandum
at Comment 3 (discussing Commerce's determination to collapse Ghigi
and Zara).
------------------------------------------------------------------------
Weighted-
average
Producer and/or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Ghigi 1870 S.p.A. and Pasta Zara S.p.A...................... 96.79
Industria Alimentare Colavita S.p.A......................... 0.00
Agritalia S.r.L............................................. 96.79
Tesa SrL.................................................... 96.79
------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results in this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries in
accordance with 19 CFR 351.212(b)(1). If the weighted-average dumping
margin for Ghigi/Zara or Indalco is not zero or de minimis (i.e., less
than 0.5 percent) in the final results of this review, we will
calculate importer-specific ad valorem assessment rates on the basis on
the ratio of the total amount of antidumping duties calculated for each
importer's examined sales and the total entered value of the sales in
accordance with 19 CFR 351.212(b)(1).\9\ We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate calculated in the final
results of this review is above de minimis. Where 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.
The final results of this review shall be the basis for the assessment
of antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.
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\9\ 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).
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For entries of subject merchandise during the POR produced by the
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.
We intend to issue instructions to CBP 15 days after the date of
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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Disclosure and Public Comment
Commerce intends to disclose to the parties to the proceeding the
calculations performed in connection with these preliminary results to
interested parties within five days of publication of this notice.\11\
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\11\ See 19 CFR 351.224(b).
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Interested parties may submit case briefs to Commerce in response
to these preliminary results no later than 30 days after the
publication of this notice.\12\ 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.\13\ 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.\14\
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\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d)(1) and (2).
\14\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
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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. An electronically-filed request for a hearing must be received
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30
days after the date of publication of this notice.\15\ Hearing 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 issues
raised in the briefs. If a request for a hearing is made, parties will
be notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.\16\
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\15\ See 19 CFR 351.310(c); 19 CFR 351.303(b)(1).
\16\ See 19 CFR 351.310(c).
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Commerce intends to issue the final results of this administrative
review,
[[Page 48116]]
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 these preliminary results in the Federal Register, unless otherwise
extended.\17\
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\17\ See section 751(a)(3)(A) of the Act.
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Notification to Importers
This notice also 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 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 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: September 6, 2019.
Jeffrey I. Kessler,
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. Discussion of Methodology
V. Recommendation
[FR Doc. 2019-19790 Filed 9-11-19; 8:45 am]
BILLING CODE 3510-DS-P
