Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019, 28336-28338 [2021-11133]
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28336
Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Notices
price of the aircraft, the foreign
government may require this sort of
extra compensation as a condition of
awarding the contract to purchase the
aircraft. As described in the Offsets
Regulations, U.S. firms are required to
report information on contracts for the
sale of defense articles or defense
services to foreign countries or foreign
firms that are subject to offsets
agreements exceeding $5,000,000 in
value. U.S. firms are also required to
report annually information on offsets
transactions completed in performance
of existing offsets commitments for
which offsets credit of $250,000 or more
has been claimed from the foreign
representative.
Commerce’s annual report to Congress
includes an aggregated summary of the
data reported by industry in accordance
with the offsets regulation and the DPA
(50 U.S.C. 4568 (2021)). As provided by
section 723(c) of the DPA, BIS will not
publicly disclose individual firm
information it receives through offsets
reporting unless the firm furnishing the
information specifically authorizes
public disclosure. The information
collected is sorted and organized into an
aggregate report of national offsets data,
and therefore does not identify
company-specific information.
To enable BIS to prepare the next
annual offset report reflecting calendar
year 2020 data, affected U.S. firms must
submit required information on offsets
agreements and offsets transactions from
calendar year 2020 to BIS no later than
June 15, 2021.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2021–11068 Filed 5–25–21; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–836]
Glycine From the People’s Republic of
China: Rescission of Antidumping
Duty Administrative Review; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable May 26, 2021.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
antidumping duty order on glycine from
the People’s Republic of China (China)
covering the period of review March 1,
2020, through February 28, 2021, based
AGENCY:
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20:00 May 25, 2021
Jkt 253001
on the timely withdrawal of the request
for review.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5760.
Background
On March 1, 2021, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order on glycine from
China covering the period of review
March 1, 2020, through February 28,
2021.1 On March 31, 2021, GEO
Specialty Chemicals, Inc. (GEO), a
domestic producer of glycine, filed a
timely request for review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.213(b).2 Pursuant to this request,
and in accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated this
administrative review with respect to
one company, Baoding Mantong Fine
Chemistry Co., Ltd. (Baoding Mantong),
on May 5, 2021.3 On May 14, 2021, GEO
withdrew its request for this
administrative review with respect to
Baoding Mantong.4
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party that requested the
review withdraws the request within 90
days of the publication date of the
notice of initiation of the requested
review. GEO timely submitted a
withdrawal of its review request within
the 90-day deadline. No other party
requested this administrative review.
Therefore, in accordance with 19 CFR
351.213(d)(1), we are rescinding this
administrative review in its entirety.
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries of glycine from China.
Antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
1 See
Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 86 FR 11921,
11923 (March 1, 2021).
2 See GEO’s Letter, ‘‘Request for Administrative
Review’’ dated March 31, 2021.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
23925, 23928 (May 5, 2021).
4 See Letter from GEO, ‘‘Withdrawal of Request
for Administrative Review,’’ dated May 14, 2021.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions to CBP 35 days after the
date of publication of this notice in the
Federal Register.
Notification to Importers
This notice serves as the only
reminder to importers, whose entries
will be liquidated as a result of this
rescission notice, 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 Commerce’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to all parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a) and
777(i)(1) of the Act and 19 CFR
351.213(d)(4).
Dated: May 20, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–11134 Filed 5–25–21; 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 and Final Determination of No
Shipments; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
E:\FR\FM\26MYN1.SGM
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Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Notices
The Department of Commerce
(Commerce) determines that certain
pasta (pasta) from Italy was sold in the
United States at less than normal value
during the period of review (POR) July
1, 2018, through June 30, 2019.
Additionally, Commerce determines
that Pasta Berruto S.p.A. (Pasta Berruto)
had no shipments during the POR.
DATES: Applicable May 26, 2021.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hall-Eastman, 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) 482–1468.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On November 23, 2020, Commerce
published the Preliminary Results.1 On
January 26, 2021, Commerce received
case briefs on behalf of La Molisana
S.p.A. (La Molisana), Valdigrano di
Flavio Pagani S.r.L., and Ghigi 1870
S.p.A. and Pasta Zara S.p.A.
(collectively Ghigi/Zara). On February 5,
2021, Riviana Foods and Treehouse
Foods LLC., collectively domestic
producers of pasta, submitted a rebuttal
brief for each of the submitted case
briefs.
Commerce extended the deadline for
the final results by 59 days on March 3,
2021.2 The deadline for the final results
of this review is now May 21, 2021. For
a complete description of the events that
occurred since the Preliminary Results,
see the Issues and Decision
Memorandum.3
Scope of the Order
The products covered by this order
are certain pasta from Italy. For a full
description of the scope, see the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues that parties raised and
1 See Certain Pasta from Italy: Preliminary Results
of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018–
2019, 85 FR 74676 (November 23, 2020)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Certain Pasta from Italy:
Extension of Time Limit Final Results of
Antidumping Duty Administrative Review; 2018/
2019,’’ dated March 3, 2021.
3 See Memorandum, ‘‘Certain Pasta from Italy:
Issues and Decision Memorandum for the Final
Results of Antidumping Duty Administrative
Review; 2018–2019,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
VerDate Sep<11>2014
20:00 May 25, 2021
Jkt 253001
to which we responded in the Issues
and Decision Memorandum 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. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn//.
these final results of review, we
calculated a weighted-average dumping
margin for La Molisana that is above de
minimis and not based entirely on FA.
Therefore, consistent with our practice,
we have assigned the companies not
selected for individual examination the
weighted-average dumping margin
calculated for La Molisana.
Final Results of the Review
Commerce determines that the
following weighted-average dumping
margin exists for the period July 1, 2018,
through June 30, 2019:
Determination of No Shipments
As noted in the Preliminary Results,
we received a no-shipment claim from
Pasta Berruto. In the Preliminary
Results, we preliminarily determined
that Pasta Berruto had no shipments
during the POR. We received no
comments from interested parties with
respect to this claim. Therefore, we
continue to find that Pasta Berruto had
no shipments during the POR.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties, we relied on revised cost of
production data when calculating the
weighted-average dumping margin for
La Molisana.4
Rates for Companies Not Selected for
Individual Examination
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
individual companies not selected for
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Tariff Act of 1930, as amended (the Act).
Generally, Commerce looks to section
735(c)(5) of the Act, which provides
instructions for calculating the allothers rate in an investigation, for
guidance when calculating the rate for
companies which we did not examine
in an administrative review. Section
735(c)(5)(A) of the Act establishes a
preference to avoid using rates which
are zero, de minimis, or based entirely
on facts available (FA) in calculating an
all-others rate. Accordingly,
Commerce’s practice in administrative
reviews has been to average the
weighted-average dumping margins for
the companies selected for individual
examination in the annual review,
excluding rates that are zero, de
minimis, or based entirely on FA.5 For
4 Id.
at Comment 2.
e.g., Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United
5 See,
PO 00000
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Sfmt 4703
28337
Exporter or producer
Ghigi 1870 S.p.A., Pasta Zara
S.p.A .......................................
La Molisana S.p.A ......................
Review-Specific Average Rate
Applicable to the Following
Companies:
F. Divella S.p.A .......................
Liguori Pastificio dal 1820
S.p.A ....................................
Newlat Food S.p.A ..................
Pastificio Di Martino Gaetano
e Flli S.p.A ...........................
Pastificio Fratelli DeLuca S.r.l
Pastificio Rey S.r.L .................
Rummo S.p.A ..........................
Tesa S.r.L ...............................
Valdigrano di Flavio Pagani
S.r.L .....................................
Weightedaverage
dumping
margin
(percent)
91.76
15.72
15.72
15.72
15.72
15.72
15.72
15.72
15.72
15.72
15.72
Assessment Rate
Pursuant to section 751(a)(2)(A) of the
Act, and 19 CFR 351.212(b)(1),
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.
Commerce has calculated importerspecific antidumping duty assessment
rates. For La Molisana, we calculated
importer-specific antidumping duty
assessment rates by aggregating the total
amount of dumping calculated for the
examined sales of each importer and
dividing each of these amounts by the
total entered value associated with those
sales. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis within the meaning
of 19 CFR 351.106(c)(1), or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
Kingdom: Final Results of Antidumping Duty
Administrative Reviews and Rescission of Reviews
in Part, 73 FR 52823, 52824 (September 11, 2008),
and accompanying Issues and Decision
Memorandum at Comment 16.
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28338
Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Notices
For entries of subject merchandise
during the POR produced by La
Molisana where the producer did not
know its merchandise was destined for
the United States, or for entries
associated with Pasta Berruto, who had
no shipments during the POR, we will
instruct CBP to liquidate unreviewed
suspended entries, consistent with the
reseller policy, at the all-others rate if
there is no rate for the intermediate
company(ies) involved in the
transaction.6
The assessment rate for antidumping
duties for Ghigi/Zara, as well as for each
of the companies not selected for
individual examination, will be equal to
the weighted-average dumping margin
identified above in the Final Results of
Review.
Consistent with its recent notice,7
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
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 rates for the
companies identified above in the Final
Results of Review will be equal to the
company-specific weighted-average
dumping margin established in the final
results of this administrative review; (2)
for merchandise exported by a company
not covered in this administrative
review but covered in a completed 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 or
completed prior segment of this
proceeding but the producer is, the cash
6 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
7 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
VerDate Sep<11>2014
20:00 May 25, 2021
Jkt 253001
deposit rate will be the companyspecific 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 section 129 determination.8
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties and/or
countervailing 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 and/or
countervailing duties has occurred and
the subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a final
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 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) and 19 CFR
351.213(h)(1).
Dated: May 20, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
8 See
Implementation of the Findings of the WTO
Panel in U.S.— 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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Frm 00010
Fmt 4703
Sfmt 4703
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Protein Content
Comment 2: Revisions to La Molisana’s
Cost Reporting
Comment 3: Model Match for La
Molisana’s Tri-Color Pasta
Comment 4: Alternative Comparison
Methodology
Comment 5: Price of La Molisana’s Private
Label Pasta
Comment 6: Application of Total AFA to
Ghigi/Zara
Comment 7: Collapsing Ghigi/Zara
VI. Recommendation
[FR Doc. 2021–11133 Filed 5–25–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Notice of an Opportunity To Apply for
Membership on the United States
Investment Advisory Council;
Correction
SelectUSA, United States
Investment Advisory Council,
International Trade Administration,
Department of Commerce.
ACTION: Notice; correction.
AGENCY:
The International Trade
Administration, Department of
Commerce published a document in the
Federal Register on May 17, 2021
concerning the notice of an opportunity
to apply for membership on the
Investment Advisory Council. The
document contained an incorrect
number of members allowed to serve on
the IAC.
DATES: Applications for immediate
consideration for membership must be
received by the Office of SelectUSA by
5:00 p.m. Eastern Daylight Time (EDT)
on Friday, June 30, 2021. The
International Trade Administration
(ITA) will continue to accept
applications under this notice for two
years from the deadline to fill any
vacancies.
SUMMARY:
Please submit application
information by email to IAC@trade.gov.
FOR FURTHER INFORMATION CONTACT:
Rachel David, SelectUSA, U.S.
Department of Commerce; telephone:
(202) 302–6858; email: IAC@trade.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Correction
In the Federal Register of May 17,
2021, in FR Doc. 2021–10358, on page
26697, in the first column, third
paragraph under SUPPLEMENTARY
INFORMATION correct the caption to read:
The IAC shall consist of no more than
E:\FR\FM\26MYN1.SGM
26MYN1
]]>Agencies
[Federal Register Volume 86, Number 100 (Wednesday, May 26, 2021)]
[Notices]
[Pages 28336-28338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11133]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2018-
2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 28337]]
SUMMARY: The Department of Commerce (Commerce) determines that certain
pasta (pasta) from Italy was sold in the United States at less than
normal value during the period of review (POR) July 1, 2018, through
June 30, 2019. Additionally, Commerce determines that Pasta Berruto
S.p.A. (Pasta Berruto) had no shipments during the POR.
DATES: Applicable May 26, 2021.
FOR FURTHER INFORMATION CONTACT: Jonathan Hall-Eastman, 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) 482-1468.
SUPPLEMENTARY INFORMATION:
Background
On November 23, 2020, Commerce published the Preliminary
Results.\1\ On January 26, 2021, Commerce received case briefs on
behalf of La Molisana S.p.A. (La Molisana), Valdigrano di Flavio Pagani
S.r.L., and Ghigi 1870 S.p.A. and Pasta Zara S.p.A. (collectively
Ghigi/Zara). On February 5, 2021, Riviana Foods and Treehouse Foods
LLC., collectively domestic producers of pasta, submitted a rebuttal
brief for each of the submitted case briefs.
---------------------------------------------------------------------------
\1\ See Certain Pasta from Italy: Preliminary Results of
Antidumping Duty Administrative Review and Preliminary Determination
of No Shipments; 2018-2019, 85 FR 74676 (November 23, 2020)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
Commerce extended the deadline for the final results by 59 days on
March 3, 2021.\2\ The deadline for the final results of this review is
now May 21, 2021. For a complete description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\3\
---------------------------------------------------------------------------
\2\ See Memorandum, ``Certain Pasta from Italy: Extension of
Time Limit Final Results of Antidumping Duty Administrative Review;
2018/2019,'' dated March 3, 2021.
\3\ See Memorandum, ``Certain Pasta from Italy: Issues and
Decision Memorandum for the Final Results of Antidumping Duty
Administrative Review; 2018-2019,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are certain pasta from Italy.
For a full description of the scope, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised and to which we responded in the Issues and Decision Memorandum
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. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn//.
Determination of No Shipments
As noted in the Preliminary Results, we received a no-shipment
claim from Pasta Berruto. In the Preliminary Results, we preliminarily
determined that Pasta Berruto had no shipments during the POR. We
received no comments from interested parties with respect to this
claim. Therefore, we continue to find that Pasta Berruto had no
shipments during the POR.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties, we relied on revised cost of production data when
calculating the weighted-average dumping margin for La Molisana.\4\
---------------------------------------------------------------------------
\4\ Id. at Comment 2.
---------------------------------------------------------------------------
Rates for Companies Not Selected for Individual Examination
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to individual companies not
selected for examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Tariff Act
of 1930, as amended (the Act). Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation, for guidance when calculating the
rate for companies which we did not examine in an administrative
review. Section 735(c)(5)(A) of the Act establishes a preference to
avoid using rates which are zero, de minimis, or based entirely on
facts available (FA) in calculating an all-others rate. Accordingly,
Commerce's practice in administrative reviews has been to average the
weighted-average dumping margins for the companies selected for
individual examination in the annual review, excluding rates that are
zero, de minimis, or based entirely on FA.\5\ For these final results
of review, we calculated a weighted-average dumping margin for La
Molisana that is above de minimis and not based entirely on FA.
Therefore, consistent with our practice, we have assigned the companies
not selected for individual examination the weighted-average dumping
margin calculated for La Molisana.
---------------------------------------------------------------------------
\5\ See, e.g., Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews and Rescission of Reviews in
Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying
Issues and Decision Memorandum at Comment 16.
---------------------------------------------------------------------------
Final Results of the Review
Commerce determines that the following weighted-average dumping
margin exists for the period July 1, 2018, through June 30, 2019:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Ghigi 1870 S.p.A., Pasta Zara S.p.A......................... 91.76
La Molisana S.p.A........................................... 15.72
Review-Specific Average Rate Applicable to the Following
Companies:
F. Divella S.p.A.......................................... 15.72
Liguori Pastificio dal 1820 S.p.A......................... 15.72
Newlat Food S.p.A......................................... 15.72
Pastificio Di Martino Gaetano e Flli S.p.A................ 15.72
Pastificio Fratelli DeLuca S.r.l.......................... 15.72
Pastificio Rey S.r.L...................................... 15.72
Rummo S.p.A............................................... 15.72
Tesa S.r.L................................................ 15.72
Valdigrano di Flavio Pagani S.r.L......................... 15.72
------------------------------------------------------------------------
Assessment Rate
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review.
Commerce has calculated importer-specific antidumping duty
assessment rates. For La Molisana, we calculated importer-specific
antidumping duty assessment rates by aggregating the total amount of
dumping calculated for the examined sales of each importer and dividing
each of these amounts by the total entered value associated with those
sales. Where either the respondent's weighted-average dumping margin is
zero or de minimis within the meaning of 19 CFR 351.106(c)(1), 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.
[[Page 28338]]
For entries of subject merchandise during the POR produced by La
Molisana where the producer did not know its merchandise was destined
for the United States, or for entries associated with Pasta Berruto,
who had no shipments during the POR, we will instruct CBP to liquidate
unreviewed suspended entries, consistent with the reseller policy, at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\6\
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\6\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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The assessment rate for antidumping duties for Ghigi/Zara, as well
as for each of the companies not selected for individual examination,
will be equal to the weighted-average dumping margin identified above
in the Final Results of Review.
Consistent with its recent notice,\7\ Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
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\7\ See Notice of Discontinuation of Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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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 rates for the companies
identified above in the Final Results of Review will be equal to the
company-specific weighted-average dumping margin established in the
final results of this administrative review; (2) for merchandise
exported by a company not covered in this administrative review but
covered in a completed 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 or completed prior
segment of this proceeding but the producer is, the cash deposit rate
will be the company-specific 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 section 129 determination.\8\
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\8\ See Implementation of the Findings of the WTO Panel in
U.S.-- 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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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties and/or countervailing
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 and/or countervailing
duties has occurred and the subsequent assessment of double antidumping
duties.
Administrative Protective Order
This notice also serves as a final 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
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)
and 19 CFR 351.213(h)(1).
Dated: May 20, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Protein Content
Comment 2: Revisions to La Molisana's Cost Reporting
Comment 3: Model Match for La Molisana's Tri-Color Pasta
Comment 4: Alternative Comparison Methodology
Comment 5: Price of La Molisana's Private Label Pasta
Comment 6: Application of Total AFA to Ghigi/Zara
Comment 7: Collapsing Ghigi/Zara
VI. Recommendation
[FR Doc. 2021-11133 Filed 5-25-21; 8:45 am]
BILLING CODE 3510-DS-P
