Certain Pasta From Italy: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020, 41827-41829 [2021-16498]
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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This policy also
requires that an extension request must
be made in a separate, stand-alone
submission, and clarifies the
circumstances under which Commerce
will grant untimely-filed requests for the
extension of time limits. Please review
the Final Rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: July 29, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–16497 Filed 8–2–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty (AD) order on certain
pasta (pasta) from Italy, covering the
period July 1, 2019, through June 30,
2020. We preliminarily determine that
La Molisana S.p.A. (La Molisana) sold
pasta from Italy at less than normal
value during the period of review (POR),
and that Liguori Pastificio dal 1820
S.p.A. (Liguori) and Pastificio Della
Forma S.r.l. (Della Forma) did not sell
subject merchandise at less than normal
value during the POR. Interested parties
are invited to comment on these
preliminary results.
DATES: Applicable August 3, 2021.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hall-Eastman and John
Hoffner, 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
and (202) 482–3315, respectively.
SUPPLEMENTARY INFORMATION:
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On July 24, 1996, Commerce
published the AD order in the Federal
Register.1 On September 3, 2020,
pursuant to section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act),
Commerce initiated an administrative
review of the Order covering the
following companies: Agritalia S.r.L.,
Armonie D’Italia srl, F. Divella S.p.A.,
La Molisana, Liguori, Pasta Castiglioni,
Pasta Zara, S.p.A, Pastificio Della Forma
S.r.l. (Della Forma), Pastificio C.A.M.S.
Srl, and Pastificio Fratelli De Luca S.r.l,
and Rummo S.p.A. (Rummo).2 On
February 1, 2021, Commerce rescinded
the review of Rummo and its subsidiary
Pasta Castiglioni.3 On October 15, 2010,
we selected La Molisana and Liguori for
individual examination in this review.4
Further, we have preliminarily
collapsed Liguori and Della Forma and
have considered these two companies to
constitute a single entity.5
On March 2, 2021, Commerce
extended the deadline for the
preliminary results to July 30, 2021.6
For a complete description of the events
that followed the initiation of this
review, see the Preliminary Decision
Memorandum.7
Scope of the Order
Certain Pasta From Italy: Preliminary
Results of Antidumping Duty
Administrative Review; 2019–2020
AGENCY:
Background
The products covered by this order
are certain pasta from Italy. For a full
description of the scope, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. Export price was calculated
in accordance with section 772 of the
Act. Normal value was calculated in
1 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).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
54983 (September 3, 2020).
3 See Certain Pasta from Italy: Notice of Partial
Rescission of Antidumping Duty Administrative
Review, 86 FR 7700 (February 1, 2021).
4 See Memorandum, ‘‘2019–2020 Antidumping
Duty Administrative Review of Certain Pasta from
Italy: Respondent Selection,’’ dated October 15,
2020.
5 See Memorandum, ‘‘Preliminary Affiliation and
Collapsing Memorandum for Liguori Pastificio dal
1820 S.p.A. and Pastificio della Forma S.r.l,’’ dated
concurrently with this notice.
6 See Memorandum, ‘‘Certain Pasta: Extension of
Time Limit for Preliminary Results of Antidumping
Duty Administrative Review; 2019/2020,’’ dated
March 2, 2021.
7 See Memorandum, ‘‘Issues and Decision
Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Certain
Pasta from Italy; 2019–2020,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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41827
accordance with section 773 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. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. A list of topics
discussed in the Preliminary Decision
Memorandum is attached as an
appendix to this notice.
Rate for Non-Selected Companies
The statute and Commerce’s
regulations do not address the
determination of a weighted-average
dumping margin for individual
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of 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 determining the
weighted-average dumping margin 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 in calculating an allothers rate. Accordingly, Commerce’s
practice in an administrative review has
been to average the weighted-average
dumping margins for the companies
selected for individual examination in
the administrative review, excluding
rates that are zero, de minimis, or based
entirely on facts available.8 For the
preliminary results of this review, we
calculated a weighted-average dumping
margin for La Molisana that is not zero,
de minimis or based entirely on facts
available, while we have calculated a
weighted-average dumping margin for
Liguori/Della Forma that is de minimis.
Therefore, consistent with our practice,
we have determined the weightedaverage dumping margin for the
companies not selected for individual
examination that is equal to the
8 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.
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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices
weighted-average dumping margin
calculated for La Molisana.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine the following
weighted-average dumping margins
exist for the POR:
Weightedaverage
dumping
margin
(percent)
Exporter or producer
La Molisana S.p.A ......................
Liguori Pastificio dal 1820 S.p.A.
and Pastificio Della Forma
S.r.l ..........................................
1.61
0.00
Review-Specific Average Rate Applicable
to the Following Companies
Agritalia S.r.L ..............................
Armonie D’Italia srl .....................
F. Divella S.p.A ...........................
Pasta Zara, S.p.A./Ghigi 1870
S.p.A.9 .....................................
Pastificio C.A.M.S. Srl ................
Pastificio Fratelli De Luca S.r.l ...
1.61
1.61
1.61
1.61
1.61
1.61
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Assessment Rates
Upon issuance of the final results,
Commerce shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review. If a mandatory respondent’s
weighted-average dumping margin is
not zero or de minimis in the final
results of this review, we will calculate
importer-specific assessment rates based
on the ratio of the total amount of
dumping calculated for each importer’s
examined sales and the total entered
value of those sales in accordance with
19 CFR 351.212(b)(1).10 If a
respondent’s weighted-average dumping
margin or an importer-specific
assessment rate is zero or de minimis in
the final results of review, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
In accordance with Commerce’s
reseller policy, for entries of subject
merchandise during the POR produced
9 Though there was no request for review of Ghigi
1870 S.p.A., Commerce previously collapsed Ghigi
1870 S, p, A, and Pasta Zara S.p.A. See Certain
Pasta from Italy: Preliminary Results of
Antidumping Duty Administrative Review; 2015–
2016, 82 FR 36126 (August 3, 2017), and
accompanying Preliminary Decision Memorandum
at 5; unchanged in Certain Pasta from Italy: Final
Results of Antidumping Duty Administrative
Review; 2015–2016, 82 FR 5742 (December 5, 2017).
10 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
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or exported by produced by La Molisana
or Liguori/Della Forma which did not
know that its merchandise was destined
for the United States, we will instruct
CBP to liquidate entries not reviewed at
the all-others rate of 15.45 percent, the
all-others rate established in the lessthan-fair-value (LTFV) investigation as
modified by the section 129
determination.11
For the companies which were not
individually examined, we will instruct
CBP to assess antidumping duties at a
rate that is equal to the companyspecific weighted-average dumping
margin determined in the final results of
review.
The final results of this administrative
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise under review
and for future deposits of estimated
duties, where applicable.
We intend to issue liquidation
instructions to CBP no earlier than 35
days after 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 cash deposit rate for companies
subject to this review will be as follows:
(1) For the companies listed above in
the final results of review, the cash
deposit rate will be equal to the
weighted-average dumping margin
established in the final results of the
review; (2) for merchandise exported by
a company not covered in this review
but covered in a prior completed
segment of this proceeding, then 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
completed review, or the LTFV
investigation but the producer is, then
the cash deposit rate will be the
company-specific rate established for
the most recently completed segment for
the producer of the merchandise; (4) the
cash deposit rate for all other producers
and exporters will continue to be the
15.45 percent, the all-others rate
established in the section 129 review
subsequent to the LTFV investigation.12
11 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).
12 Id.
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These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Disclosure
We intend to disclose the calculations
performed in these preliminary results
to parties in this proceeding within five
days of the date of publication of this
notice.13
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed no later than
seven days after the date for filing case
briefs.14 Parties who submit case briefs
or rebuttal briefs in this proceeding are
requested to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.15
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, within 30 days after the
date of publication of this notice.
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. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location hearing two days before the
scheduled date.
All briefs must be filed electronically
using ACCESS.16 An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5:00 p.m.
Eastern Time on the date that the
submission is due. Note that Commerce
has temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.17
Final Results of Review
We intend to issue the final results of
this administrative review, including
13 See
19 CFR 351.224(b).
19 CFR 351.309(d)(1) and (2); see also
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020); and Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID–19;
Extension of Effective Period, 85 FR 41363 (July 10,
2020) (collectively, Temporary Rule).
15 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR
351.303 (for general filing requirements).
16 See generally 19 CFR 351.303.
17 See Temporary Rule.
14 See
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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices
the results of our analysis of the issues
raised in any written briefs, not later
than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Notification to Importers
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 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 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: July 28, 2021.
Christian Marsh,
Acting 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. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2021–16498 Filed 8–2–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–832]
Pure Magnesium From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review, Final Determination of No
Shipments; 2019–2020
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Background
On April 2, 2021, Commerce
published the Preliminary Results of
this administrative review in the
Federal Register.1 No interested party
submitted comments concerning the
Preliminary Results or requested a
hearing in this administrative review.
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act). The current
deadline for these final results is August
2, 2021.
Scope of the Order 2
The product covered by the Order is
pure magnesium from China, regardless
of chemistry, form or size, unless
expressly excluded from the scope of
the order. Pure magnesium is a metal or
alloy containing by weight primarily the
element magnesium and produced by
decomposing raw materials into
magnesium metal. Pure primary
magnesium is used primarily as a
chemical in the aluminum alloying,
desulfurization, and chemical reduction
industries. In addition, pure magnesium
is used as an input in producing
magnesium alloy. Pure magnesium
encompasses products (including, but
not limited to, butt ends, stubs, crowns
and crystals) with the following primary
magnesium contents:
(1) Products that contain at least
99.95% primary magnesium, by weight
(generally referred to as ‘‘ultra pure’’
magnesium) Magnesium Alloy’’ 3 and
are thus outside the scope of the
existing antidumping orders on
1 See
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) continues to find that
Tianjin Magnesium International, Co.,
Ltd. and Tianjin Magnesium Metal, Co.,
Ltd. (collectively TMI/TMM) had no
shipments of subject merchandise
covered by the antidumping duty order
on pure magnesium from the People’s
Republic of China (China) for the period
AGENCY:
of review (POR) May 1, 2019, through
April 30, 2020.
DATES: Applicable August 3, 2021.
FOR FURTHER INFORMATION CONTACT: Kyle
Clahane, 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) 482–5449.
SUPPLEMENTARY INFORMATION:
Pure Magnesium from the People’s Republic
of China: Preliminary Results of Antidumping
Administrative Review; 2019–20, 86 FR 17360
(April 2, 2021) (Preliminary Results).
2 See Notice of Antidumping Duty Orders: Pure
Magnesium from the People’s Republic of China,
the Russian Federation and Ukraine; Notice of
Amended Final Determination of Sales at Less
Than Fair Value: Antidumping Duty Investigation
of Pure Magnesium from the Russian Federation, 60
FR 25691 (May 12, 1995) (Order).
3 The meaning of this term is the same as that
used by the American Society for Testing and
Materials (ASTM) in its Annual Book for ASTM
Standards: Volume 01.02 Aluminum and
Magnesium Alloys.
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41829
magnesium from China (generally
referred to as ‘‘alloy’’ magnesium).
(2) Products that contain less than
99.95%, but not less than 99.8%,
primary magnesium, by weight
(generally referred to as ‘‘pure’’
magnesium); and
(3) Products that contain 50% or
greater, but less than 99.8% primary
magnesium, by weight, and that do not
conform to ASTM specifications for
alloy magnesium (generally referred to
as ‘‘off-specification pure’’ magnesium).
‘‘Off-specification pure’’ magnesium
is pure primary magnesium containing
magnesium scrap, secondary
magnesium, oxidized magnesium or
impurities (whether or not intentionally
added) that cause the primary
magnesium content to fall below 99.8%
by weight. It generally does not contain,
individually or in combination, 1.5% or
more, by weight, of the following
alloying elements: Aluminum,
manganese, zinc, silicon, thorium,
zirconium and rare earths.
Excluded from the scope of the Order
are alloy primary magnesium (that
meets specifications for alloy
magnesium), primary magnesium
anodes, granular primary magnesium
(including turnings, chips and powder)
having a maximum physical dimension
(i.e., length or diameter) of one inch or
less, secondary magnesium (which has
pure primary magnesium content of less
than 50% by weight), and remelted
magnesium whose pure primary
magnesium content is less than 50% by
weight.
Pure magnesium products covered by
the Order are currently classifiable
under Harmonized Tariff Schedule of
the United States (HTSUS) subheadings
8104.11.00, 8104.19.00, 8104.20.00,
8104.30.00, 8104.90.00, 3824.90.11,
3824.90.19 and 9817.00.90. Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope is
dispositive.
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined TMI/TMM 4 had no
shipments of subject merchandise to the
4 In the 2011–2012 administrative review of the
Order, Commerce collapsed TMM and TMI, and
treated the companies as a single entity for
purposes of the proceeding. Because there were no
changes to the facts which supported that decision
since that determination was made, we continue to
treat these companies as part of a single entity for
this administrative review. See Pure Magnesium
from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2011–
2012, 79 FR 94 (January 2, 2014), and
accompanying Issues and Decision Memorandum at
Comment 5.
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]]>Agencies
[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41827-41829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16498]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Preliminary Results of Antidumping Duty
Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty (AD) order on certain
pasta (pasta) from Italy, covering the period July 1, 2019, through
June 30, 2020. We preliminarily determine that La Molisana S.p.A. (La
Molisana) sold pasta from Italy at less than normal value during the
period of review (POR), and that Liguori Pastificio dal 1820 S.p.A.
(Liguori) and Pastificio Della Forma S.r.l. (Della Forma) did not sell
subject merchandise at less than normal value during the POR.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable August 3, 2021.
FOR FURTHER INFORMATION CONTACT: Jonathan Hall-Eastman and John
Hoffner, 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
and (202) 482-3315, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, Commerce published the AD order in the Federal
Register.\1\ On September 3, 2020, pursuant to section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act), Commerce initiated an
administrative review of the Order covering the following companies:
Agritalia S.r.L., Armonie D'Italia srl, F. Divella S.p.A., La Molisana,
Liguori, Pasta Castiglioni, Pasta Zara, S.p.A, Pastificio Della Forma
S.r.l. (Della Forma), Pastificio C.A.M.S. Srl, and Pastificio Fratelli
De Luca S.r.l, and Rummo S.p.A. (Rummo).\2\ On February 1, 2021,
Commerce rescinded the review of Rummo and its subsidiary Pasta
Castiglioni.\3\ On October 15, 2010, we selected La Molisana and
Liguori for individual examination in this review.\4\ Further, we have
preliminarily collapsed Liguori and Della Forma and have considered
these two companies to constitute a single entity.\5\
---------------------------------------------------------------------------
\1\ 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).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 54983 (September 3, 2020).
\3\ See Certain Pasta from Italy: Notice of Partial Rescission
of Antidumping Duty Administrative Review, 86 FR 7700 (February 1,
2021).
\4\ See Memorandum, ``2019-2020 Antidumping Duty Administrative
Review of Certain Pasta from Italy: Respondent Selection,'' dated
October 15, 2020.
\5\ See Memorandum, ``Preliminary Affiliation and Collapsing
Memorandum for Liguori Pastificio dal 1820 S.p.A. and Pastificio
della Forma S.r.l,'' dated concurrently with this notice.
---------------------------------------------------------------------------
On March 2, 2021, Commerce extended the deadline for the
preliminary results to July 30, 2021.\6\ For a complete description of
the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Certain Pasta: Extension of Time Limit for
Preliminary Results of Antidumping Duty Administrative Review; 2019/
2020,'' dated March 2, 2021.
\7\ See Memorandum, ``Issues and Decision Memorandum for the
Preliminary Results of Antidumping Duty Administrative Review:
Certain Pasta from Italy; 2019-2020,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary 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 Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. Export price was calculated in accordance with
section 772 of the Act. Normal value was calculated in accordance with
section 773 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. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. A
list of topics discussed in the Preliminary Decision Memorandum is
attached as an appendix to this notice.
Rate for Non-Selected Companies
The statute and Commerce's regulations do not address the
determination of a weighted-average dumping margin for individual
companies not selected for individual examination when Commerce limits
its examination in an administrative review pursuant to section
777A(c)(2) of 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 determining the weighted-
average dumping margin 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 in calculating an all-others rate.
Accordingly, Commerce's practice in an administrative review has been
to average the weighted-average dumping margins for the companies
selected for individual examination in the administrative review,
excluding rates that are zero, de minimis, or based entirely on facts
available.\8\ For the preliminary results of this review, we calculated
a weighted-average dumping margin for La Molisana that is not zero, de
minimis or based entirely on facts available, while we have calculated
a weighted-average dumping margin for Liguori/Della Forma that is de
minimis. Therefore, consistent with our practice, we have determined
the weighted-average dumping margin for the companies not selected for
individual examination that is equal to the
[[Page 41828]]
weighted-average dumping margin calculated for La Molisana.
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\8\ 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.
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Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins exist for the POR:
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\9\ Though there was no request for review of Ghigi 1870 S.p.A.,
Commerce previously collapsed Ghigi 1870 S, p, A, and Pasta Zara
S.p.A. See Certain Pasta from Italy: Preliminary Results of
Antidumping Duty Administrative Review; 2015-2016, 82 FR 36126
(August 3, 2017), and accompanying Preliminary Decision Memorandum
at 5; unchanged in Certain Pasta from Italy: Final Results of
Antidumping Duty Administrative Review; 2015-2016, 82 FR 5742
(December 5, 2017).
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
La Molisana S.p.A........................................... 1.61
Liguori Pastificio dal 1820 S.p.A. and Pastificio Della 0.00
Forma S.r.l................................................
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
Agritalia S.r.L............................................. 1.61
Armonie D'Italia srl........................................ 1.61
F. Divella S.p.A............................................ 1.61
Pasta Zara, S.p.A./Ghigi 1870 S.p.A.\9\..................... 1.61
Pastificio C.A.M.S. Srl..................................... 1.61
Pastificio Fratelli De Luca S.r.l........................... 1.61
------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review. If a mandatory respondent's weighted-average dumping
margin is not zero or de minimis in the final results of this review,
we will calculate importer-specific assessment rates based on the ratio
of the total amount of dumping calculated for each importer's examined
sales and the total entered value of those sales in accordance with 19
CFR 351.212(b)(1).\10\ If a respondent's weighted-average dumping
margin or an importer-specific assessment rate is zero or de minimis in
the final results of review, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\10\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
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In accordance with Commerce's reseller policy, for entries of
subject merchandise during the POR produced or exported by produced by
La Molisana or Liguori/Della Forma which did not know that its
merchandise was destined for the United States, we will instruct CBP to
liquidate entries not reviewed at the all-others rate of 15.45 percent,
the all-others rate established in the less-than-fair-value (LTFV)
investigation as modified by the section 129 determination.\11\
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\11\ 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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For the companies which were not individually examined, we will
instruct CBP to assess antidumping duties at a rate that is equal to
the company-specific weighted-average dumping margin determined in the
final results of review.
The final results of this administrative review shall be the basis
for the assessment of antidumping duties on entries of merchandise
under review and for future deposits of estimated duties, where
applicable.
We intend to issue liquidation instructions to CBP no earlier than
35 days after 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 cash deposit rate for companies subject to this review will be
as follows: (1) For the companies listed above in the final results of
review, the cash deposit rate will be equal to the weighted-average
dumping margin established in the final results of the review; (2) for
merchandise exported by a company not covered in this review but
covered in a prior completed segment of this proceeding, then 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 completed review, or the LTFV investigation but
the producer is, then the cash deposit rate will be the company-
specific rate established for the most recently completed segment for
the producer of the merchandise; (4) the cash deposit rate for all
other producers and exporters will continue to be the 15.45 percent,
the all-others rate established in the section 129 review subsequent to
the LTFV investigation.\12\
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\12\ Id.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Disclosure
We intend to disclose the calculations performed in these
preliminary results to parties in this proceeding within five days of
the date of publication of this notice.\13\
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\13\ See 19 CFR 351.224(b).
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Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs not later than 30 days after the date of publication of
this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than seven days after the date for filing
case briefs.\14\ Parties who submit case briefs or rebuttal briefs in
this proceeding are requested to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\15\
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\14\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(March 26, 2020); and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (collectively, Temporary Rule).
\15\ 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, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, within 30 days after the date of
publication of this notice. 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. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location hearing two days before the scheduled date.
All briefs must be filed electronically using ACCESS.\16\ An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m.
Eastern Time on the date that the submission is due. Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information, until further
notice.\17\
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\16\ See generally 19 CFR 351.303.
\17\ See Temporary Rule.
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Final Results of Review
We intend to issue the final results of this administrative review,
including
[[Page 41829]]
the results of our analysis of the issues raised in any written briefs,
not later than 120 days after the date of publication of this notice,
pursuant to section 751(a)(3)(A) of the Act.
Notification to Importers
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 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 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: July 28, 2021.
Christian Marsh,
Acting 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. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2021-16498 Filed 8-2-21; 8:45 am]
BILLING CODE 3510-DS-P
