Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2019-2020, 62995-62996 [2021-24821]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 62995-62996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24821]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Final Results of Antidumping Duty 
Administrative Review; 2019-2020

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

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, 2019, through 
June 30, 2020.

DATES: Applicable November 15, 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 August 3, 2021, Commerce published the Preliminary Results.\1\ 
On September 2, 2021, Commerce received case briefs on behalf of 
Liguori Pastificio dal 1820 S.p.A./Pastificio Della Forma S.r.l. 
(Liguori/Della Forma) and La Molisana S.p.A. (La Molisana).\2\ No 
interested party filed a rebuttal brief. For a complete description of 
the events that occurred since the Preliminary Results, see the Issues 
and Decision Memorandum.\3\
---------------------------------------------------------------------------

    \1\ See Certain Pasta from Italy: Preliminary Results of 
Antidumping Duty Administrative Review; 2019-2020, 86 FR 41827 
(August 3, 2021) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Liguori/Della Forma's Letter, ``Antidumping Duty Review 
of Certain Pasta from Italy: Liguori's Case Brief,'' dated September 
2, 2021; see also La Molisana's Letter, ``Certain Dry Pasta from 
Italy; A-475-818; Case Brief,'' dated September 2, 2021.
    \3\ See Memorandum, ``Certain Pasta from Italy: Issues and 
Decision Memorandum for the Final Results of Antidumping Duty 
Administrative Review; 2019-2020,'' 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 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://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    No changes were made from the Preliminary Results.

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 individually 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 administrative review, excluding 
rates that are zero, de minimis, or based entirely on FA.\4\ For these 
final results of review, we calculated a weighted-average dumping 
margin for La Molisana that is not zero, de minimis, or 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.
---------------------------------------------------------------------------

    \4\ 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, 2019, through June 30, 2020:

------------------------------------------------------------------------
                                                               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.........................        1.61
Pastificio C.A.M.S. Srl.....................................        1.61
Pastificio Fratelli De Luca S.r.l...........................        1.61
------------------------------------------------------------------------

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.
    For the individually examined companies with a weighted-average 
dumping margin that is not zero, de minimis or based on total FA, 
Commerce has calculated importer-specific antidumping duty assessment 
rates. For La Molisana, we calculated importer-specific antidumping 
duty

[[Page 62996]]

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 a 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.
    For entries of subject merchandise during the POR produced by La 
Molisana or Liguori/Della Forma where the producer did not know its 
merchandise was destined for the United States 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.\5\
---------------------------------------------------------------------------

    \5\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    The assessment rate for antidumping duties 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.
    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 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.\6\
---------------------------------------------------------------------------

    \6\ 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).
---------------------------------------------------------------------------

    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: November 8, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Discussion of the Issues
    Comment 1: Liquidation Instructions for Liguori/Della Forma
    Comment 2: Bronze Die as a Physical Characteristic
    Comment 3: Application of the Cohen's d Test
V. Recommendation

[FR Doc. 2021-24821 Filed 11-12-21; 8:45 am]
BILLING CODE 3510-DS-P