Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2017-2018, 2714-2715 [2020-00640]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2714-2715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00640]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Final Results of Antidumping Duty 
Administrative Review; 2017-2018

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

SUMMARY: On September 12, 2019, the Department of Commerce (Commerce) 
published the preliminary results of the antidumping duty 
administrative review of certain pasta (pasta) from Italy. The period 
of review (POR) is July 1, 2017 through June 30, 2018. As a result of 
our analysis of the comments and information received, these final 
results differ from the Preliminary Results with respect to Ghigi 1870 
S.p.A. and Pasta Zara S.p.A. (collectively, Ghigi/Zara) and Industria 
Alimentare Colavita S.p.A. (Indalco). For the final weighted-average 
dumping margins, see the ``Final Results of Review'' section.

DATES: Applicable January 16, 2020.

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

    On September 12, 2019, Commerce published the Preliminary 
Results.\1\ In accordance with 19 CFR 351.309(c)(1)(ii), we invited 
parties to comment on our Preliminary Results. On October 23 and 
October 24, 2019, we received case briefs from the Domestic 
Producers,\2\ Ghigi/Zara, Agritalia S.r.L. and Tesa S.r.L.\3\ On 
October 31, 2019, we received rebuttal briefs from the Domestic 
Producers and Indalco.\4\ On December 3, 2019, Commerce held a public 
hearing at the joint request of Ghigi/Zara, Agritalia, and Tesa.\5\
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    \1\ See Certain Pasta From Italy: Preliminary Results of 
Antidumping Duty Administrative Review; 2017-2018, 84 FR 48114 
(September 12, 2019) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ The domestic producers are: Dakota Growers Pasta Company, 
Riviana Foods and Treehouse Foods (collectively, Domestic 
Producers).
    \3\ See Domestic Producers' Letters, ``Petitioners' Case Brief 
for Ghigi 1870 S.p.A/Pasta Zara S.p.A,'' dated October 24, 2019, and 
``Petitioners' Case Brief for Industria Alimentare Colavita 
S.p.A.,'' dated October 24, 2019; see also Ghigi/Zara's Letter, 
``Pasta from Italy; Ghigi/Zara case brief,'' dated October 23, 2019, 
Agritalia S.r.L's Letter from, ``Pasta from Italy; Agritalia case 
brief,'' dated October 23, 2019, and Tesa SrL's letter, ``Pasta from 
Italy; Tesa case brief,'' dated October 23, 2019.
    \4\ See Domestic Producers' Letters, ``Petitioners' Rebuttal 
Brief for Ghigi 1870 S.p.A/Pasta Zara S.p.A,'' dated October 31, 
2019 and ``Petitioners' Rebuttal Brief for Agritalia S.r.L,'' dated 
October 31, 2019; see also Indalco's Letter, ``Certain Pasta From 
Italy: Rebuttal Brief of Indalco S.p.A,'' dated October 31, 2019.
    \5\ See Public Hearing Transcript, dated December 10, 2019.
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Scope of the Order

    Imports covered by the order are shipments of certain non-egg dry 
pasta.\6\ 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.
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    \6\ For a full description of the scope of the order, see the 
``Issues and Decision Memorandum for the Final Results of 
Antidumping Duty Administrative Review on Certain Pasta from Italy; 
2017-2018,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum. A list of the issues that parties raised and to which we 
responded is attached to this notice as an Appendix. 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 to all parties in the 
Central Records Unit, 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 a review of the record and comments received from 
interested parties regarding our Preliminary Results, we have 
recalculated the weighted-average dumping margin for both Ghigi/Zara 
and Indalco.\7\ As a result of the recalculation of the rates for 
Ghigi/Zara and Indalco, the weighted-average dumping margin for each of 
the non-selected companies has changed.
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    \7\ See Issues and Decision Memorandum; see also Memorandum, 
``Certain Pasta from Italy: Calculation Memorandum--Ghigi/Zara,'' 
dated concurrently with this notice; and Memorandum, ``Certain Pasta 
from Italy: Calculation Memorandum--Indalco,'' dated concurrently 
with this notice.
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Final Results of the Review

    As a result of this review, Commerce calculated weighted-average 
dumping margins that are above de minimis for Ghigi/Zara and Indalco 
for the period July 1, 2017 through June 30, 2018. Therefore, in 
accordance with section 735(c)(5)(A) of the Tariff Act of 1930, as 
amended (the Act), Commerce assigned an average of the weighted-average 
dumping margins calculated for Ghigi/Zara and Indalco to the two non-
selected companies \8\ in these final results, as referenced below.
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    \8\ The rate applied to the two non-selected companies is a 
weighted average based on the publicly-ranged U.S. volumes of the 
two examined companies with weighted-average dumping margins that 
are not zero or de minimis, for the period July 1, 2017 through June 
30, 2018. See Memorandum, ``Certain Pasta from Italy: Weighted-
Average Dumping Margin for Respondents Not Selected for Individual 
Examination,'' dated concurrently with this notice.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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Ghigi 1870 S.p.A. and Pasta Zara S.p.A......................       91.76
Industria Alimentare Colavita S.p.A.........................        0.50
Agritalia S.r.L.............................................       44.56
Tesa SrL (Tesa).............................................       44.56
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Duty Assessment

    Commerce shall determine and U.S. Customs and Border Protection 
(CBP) shall assess antidumping duties on all appropriate entries. For 
an individually-examined respondent whose weighted-average dumping 
margin is not zero or a de minimis margin (i.e., less than 0.50 
percent), we calculated importer-

[[Page 2715]]

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 an importer-specific assessment rate 
calculated in the final results is not zero or de minimis, 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.
    In accordance with Commerce's ``automatic assessment'' practice, 
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.\9\
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    \9\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    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 equal to the weighted-average dumping margin 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 completed 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, then 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 less-than-fair-value 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 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.

Notification to Interested Parties

    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: January 10, 2020.
Jeffrey I. Kessler,
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 1: Whether Ghigi 1870 S.p.A. (Ghigi) and Zara S.p.A 
(Zara) (Ghigi/Zara) Correctly Reported Protein Content
    Comment 2: Whether Ghigi/Zara Correctly Reported Shape Codes
    Comment 3: Whether Partial Facts Available (AFA) is Warranted 
with Respect to Ghigi/Zara's U.S. Payment Dates
    Comment 4: Whether to Recalculate Credit expense for Zara
    Comment 5: Whether Zara Double-Counted the Scrap Offset
    Comment 6: Whether Billing Adjustments Were Correctly Applied 
for Ghigi/Zara
    Comment 7: Whether to Make Certain Adjustments to the Comparison 
and Margin Programs for the Final Results with Respect to Ghigi/Zara
    Comment 8: Whether to Apply Ghigi/Zara's Preliminary Rate to 
Agritalia/Tesa
    Comment 9: Whether to Apply AFA to Industria Alimentare Colavita 
S.p.A.'s (Indalco) Commission Expenses
    Comment 10: Whether to Deny All Reported Billing Adjustments to 
Indalco's U.S. Sales Value
    Comment 11: Whether to Adjust Indalco's Rebates Based on 
Verification Findings
    Comment 12: Whether to Reject Indalco's Home Market Quantity 
Adjustments
    Comment 13: Whether to Include U.S. Advertising Expenses in the 
Margin Program for Indalco
V. Recommendation

[FR Doc. 2020-00640 Filed 1-15-20; 8:45 am]
 BILLING CODE 3510-DS-P