Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2020-2021, 67868-67869 [2022-24566]
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Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Notices
Legal Authority: Export Control
Reform Act (ECRA) of 2018.
DATES:
IV. Request for Comments
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:
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2022–24608 Filed 11–9–22; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta From Italy: Final Results
of Antidumping Duty Administrative
Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
sales of certain pasta (pasta) from Italy
have been made at less than normal
value by Pastificio Di Martino Gaetano
e Flli S.p.A./Pastificio dei Campi S.p.A.
(Di Martino/Dei Campi) during the
period of review (POR) from July 1,
2020, through June 30, 2021.
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
VerDate Sep<11>2014
17:43 Nov 09, 2022
Jkt 259001
Applicable November 10, 2022.
FOR FURTHER INFORMATION CONTACT:
Background
On August 2, 2022, Commerce
published the Preliminary Results and
invited interested parties to comment.1
This review covers only one respondent,
Di Martino/Dei Campi. No interested
party submitted comments on the
Preliminary Results or requested a
hearing in this administrative review.
Accordingly, the final results remain
unchanged from the Preliminary
Results. Commerce conducted this
review in accordance with section 751
of the Tariff Act of 1930, as amended
(the Act).
Scope of the Order 2
Imports covered by the Order are
shipments of certain non-egg dry pasta
in packages of five pounds four ounces
or less, whether or not enriched or
fortified or containing milk or other
optional ingredients such as chopped
vegetables, vegetable purees, milk,
gluten, diastasis, vitamins, coloring and
flavorings, and up to two percent egg
white. The pasta covered by the scope
of the Order is typically sold in the
retail market, in fiberboard or cardboard
cartons, or polyethylene or
polypropylene bags of varying
dimensions.
Excluded from the scope of the Order
are refrigerated, frozen, or canned
pastas, as well as all forms of egg pasta,
with the exception of non-egg dry pasta
containing up to two percent egg white.
Multicolored pasta, imported in kitchen
display bottles of decorative glass that
are sealed with cork or paraffin and
bound with raffia, is excluded from the
scope of the Order.3 Pursuant to
Commerce’s August 14, 2009, changed
circumstances review, effective July 1,
1 See Certain Pasta from Italy: Preliminary Results
of Antidumping Duty Administrative Review and
Partial Recission of Review; 2020–2021, 87 FR
47815 (August 2, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 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); see also Certain Pasta
from Italy: Final Results of Antidumping and
Countervailing Duty Changed Circumstances
Reviews, 82 FR 4291 (January 13, 2017).
3 See Memorandum to Richard Moreland, dated
August 25, 1997, which is on file in the Central
Records Unit.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
2008, gluten-free pasta is also excluded
from the scope of the Order.4 Effective
January 1, 2012, ravioli and tortellini
filled with cheese and/or vegetables are
also excluded from the scope of the
Order.5
Also excluded are imports of organic
pasta from Italy that are certified by an
EU authorized body in accordance with
the United States Department of
Agriculture’s National Organic Program
for organic products. The organic pasta
certification must be retained by
exporters and importers and made
available to U.S. Customs and Border
Protection (CBP) or the Department of
Commerce upon request.
The merchandise subject to this Order
is currently classifiable under
subheadings 1901.90.9095 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.
Final Results of Review
We determine that the following
weighted-average dumping margin
exists for the respondent for the POR,
July 1, 2020, through June 30, 2021:
Exporter or producer
Pastificio Di Martino Gaetano
e Flli S.p.A. and Pastificio
dei Campi S.p.A ................
Weightedaverage
dumping
margin
(percent)
6.60
Disclosure and Public Comment
Because Commerce received no
comments on its Preliminary Results,
we have not modified our analysis, and
no decision memorandum accompanies
this Federal Register notice.
Consequently, there are no new
calculations to disclose in accordance
with 19 CFR 351.224(b) for these final
results.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
4 See Certain Pasta from Italy: Notice of Final
Results of Antidumping Duty Changed
Circumstances Review and Revocation, in Part, 74
FR 41120 (August 14, 2009).
5 See Certain Pasta from Italy: Final Results of
Antidumping Duty and Countervailing Duty
Changed Circumstances Reviews and Revocation, in
Part, 79 FR 58319, 58320 (September 29, 2014).
E:\FR\FM\10NON1.SGM
10NON1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Notices
final results of this review. We will
calculate importer-specific assessment
rates on the basis of the ratio of the total
amount of dumping calculated for each
importer’s examined sales and the total
entered value of the importer’s sales in
accordance with 19 CFR 351.212(b)(1).
Where the respondent’s weightedaverage dumping margin is either zero
or de minimis within the meaning of 19
CFR 351.106(c), 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.
Commerce’s ‘‘reseller policy’’ will
apply to entries of subject merchandise
during the POR produced by companies
included in these final results of review
for which the reviewed company did
not know that the merchandise they
sold to the intermediary (e.g., a reseller,
trading company, or exporter) was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.6
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).
the completed segment for the most
recent period; (3) if the exporter is not
a firm covered in this review, a prior
review, or the original investigation but
the producer has been covered in a prior
complete segment of this proceeding,
the cash deposit rate will be the
company-specific rate established in the
completed segment for the most recent
period for the producer of the
merchandise; (4) the cash deposit rate
for all other producers and exporters
will continue to be 15.45 percent, the
all-others rate established in the section
129 determination.7
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Cash Deposit Requirements
This notice also serves as a reminder
to parties subject to an 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 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.
The following cash deposit
requirements for estimated antidumping
duties will be effective for all shipments
of 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 rate for Di Martino/Dei
Campi will be equal to its weightedaverage dumping margin established in
the final results of this administrative
review (except if that rate is de minimis,
in which situation the cash deposit rate
will be zero); (2) for merchandise
exported by a company not covered in
this review but covered in a prior
completed segment of the proceeding,
the cash deposit rate will continue to be
the company-specific rate published in
6 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
VerDate Sep<11>2014
17:43 Nov 09, 2022
Jkt 259001
Notification to Importers
This notice also 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 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, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Administrative Protective Order
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i) of the Act, and 19 CFR
351.221(b)(5).
7 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).
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
67869
Dated: November 4, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–24566 Filed 11–9–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–602–807]
Certain Uncoated Paper From
Australia: Negative Final Determination
of Circumvention of the Antidumping
Duty Order for Certain Uncoated Paper
Rolls
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
imports of certain uncoated paper rolls
from Australia were not completed by
conversion into subject sheets of paper
in the United States and, therefore, such
imports are not circumventing the
antidumping duty (AD) order on certain
uncoated paper from Australia, within
the meaning of section 781(a) of the
Tariff Act of 1930, as amended (the Act).
DATES: Applicable November 10, 2022.
FOR FURTHER INFORMATION CONTACT:
Genevieve Coen, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3251.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 27, 2021, Commerce
published in the Federal Register its
preliminary negative circumvention
determination 1 finding that imports of
certain uncoated paper rolls from
Australia were not completed by
conversion into sheets subject to the
Order 2 during the inquiry period.
During August and September 2022,
Commerce verified the questionnaire
responses of the sole producer/exporter
of certain uncoated paper rolls, Paper
Australia Pty. Ltd., and its U.S. affiliate,
1 See Certain Uncoated Paper from Australia:
Negative Preliminary Determination of
Circumvention of the Antidumping Duty Order for
Uncoated Paper Rolls, 86 FR 7256 (January 27,
2021), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Certain Uncoated Paper from Australia,
Brazil, Indonesia, the People’s Republic of China,
and Portugal: Amended Final Affirmative
Antidumping Determinations for Brazil and
Indonesia and Antidumping Duty Orders, 81 FR
11174 (March 3, 2016) (Order).
E:\FR\FM\10NON1.SGM
10NON1
]]>Agencies
[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Pages 67868-67869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24566]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Final Results of Antidumping Duty
Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
sales of certain pasta (pasta) from Italy have been made at less than
normal value by Pastificio Di Martino Gaetano e Flli S.p.A./Pastificio
dei Campi S.p.A. (Di Martino/Dei Campi) during the period of review
(POR) from July 1, 2020, through June 30, 2021.
DATES: Applicable November 10, 2022.
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 August 2, 2022, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ This review covers only one
respondent, Di Martino/Dei Campi. No interested party submitted
comments on the Preliminary Results or requested a hearing in this
administrative review. Accordingly, the final results remain unchanged
from the Preliminary Results. Commerce conducted this review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
---------------------------------------------------------------------------
\1\ See Certain Pasta from Italy: Preliminary Results of
Antidumping Duty Administrative Review and Partial Recission of
Review; 2020-2021, 87 FR 47815 (August 2, 2022) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Scope of the Order \2\
---------------------------------------------------------------------------
\2\ 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); see also Certain Pasta
from Italy: Final Results of Antidumping and Countervailing Duty
Changed Circumstances Reviews, 82 FR 4291 (January 13, 2017).
---------------------------------------------------------------------------
Imports covered by the Order are shipments of certain non-egg dry
pasta in packages of five pounds four ounces or less, whether or not
enriched or fortified or containing milk or other optional ingredients
such as chopped vegetables, vegetable purees, milk, gluten, diastasis,
vitamins, coloring and flavorings, and up to two percent egg white. The
pasta covered by the scope of the Order is typically sold in the retail
market, in fiberboard or cardboard cartons, or polyethylene or
polypropylene bags of varying dimensions.
Excluded from the scope of the Order are refrigerated, frozen, or
canned pastas, as well as all forms of egg pasta, with the exception of
non-egg dry pasta containing up to two percent egg white. Multicolored
pasta, imported in kitchen display bottles of decorative glass that are
sealed with cork or paraffin and bound with raffia, is excluded from
the scope of the Order.\3\ Pursuant to Commerce's August 14, 2009,
changed circumstances review, effective July 1, 2008, gluten-free pasta
is also excluded from the scope of the Order.\4\ Effective January 1,
2012, ravioli and tortellini filled with cheese and/or vegetables are
also excluded from the scope of the Order.\5\
---------------------------------------------------------------------------
\3\ See Memorandum to Richard Moreland, dated August 25, 1997,
which is on file in the Central Records Unit.
\4\ See Certain Pasta from Italy: Notice of Final Results of
Antidumping Duty Changed Circumstances Review and Revocation, in
Part, 74 FR 41120 (August 14, 2009).
\5\ See Certain Pasta from Italy: Final Results of Antidumping
Duty and Countervailing Duty Changed Circumstances Reviews and
Revocation, in Part, 79 FR 58319, 58320 (September 29, 2014).
---------------------------------------------------------------------------
Also excluded are imports of organic pasta from Italy that are
certified by an EU authorized body in accordance with the United States
Department of Agriculture's National Organic Program for organic
products. The organic pasta certification must be retained by exporters
and importers and made available to U.S. Customs and Border Protection
(CBP) or the Department of Commerce upon request.
The merchandise subject to this Order is currently classifiable
under subheadings 1901.90.9095 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.
Final Results of Review
We determine that the following weighted-average dumping margin
exists for the respondent for the POR, July 1, 2020, through June 30,
2021:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Pastificio Di Martino Gaetano e Flli S.p.A. and 6.60
Pastificio dei Campi S.p.A.............................
------------------------------------------------------------------------
Disclosure and Public Comment
Because Commerce received no comments on its Preliminary Results,
we have not modified our analysis, and no decision memorandum
accompanies this Federal Register notice. Consequently, there are no
new calculations to disclose in accordance with 19 CFR 351.224(b) for
these final results.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the
[[Page 67869]]
final results of this review. We will calculate importer-specific
assessment rates on the basis of the ratio of the total amount of
dumping calculated for each importer's examined sales and the total
entered value of the importer's sales in accordance with 19 CFR
351.212(b)(1). Where the respondent's weighted-average dumping margin
is either zero or de minimis within the meaning of 19 CFR 351.106(c),
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.
Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed company did not know
that the merchandise they sold to the intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, 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.\6\
---------------------------------------------------------------------------
\6\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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 for estimated antidumping
duties will be effective for all shipments of 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 rate
for Di Martino/Dei Campi will be equal to its weighted-average dumping
margin established in the final results of this administrative review
(except if that rate is de minimis, in which situation the cash deposit
rate will be zero); (2) for merchandise exported by a company not
covered in this review but covered in a prior completed segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment for the most recent
period; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation but the producer has been
covered in a prior complete segment of this proceeding, the cash
deposit rate will be the company-specific rate established in the
completed segment for the most recent period for the producer of the
merchandise; (4) the cash deposit rate for all other producers and
exporters will continue to be 15.45 percent, the all-others rate
established in the section 129 determination.\7\
---------------------------------------------------------------------------
\7\ 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 also 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 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, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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 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 these final results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act, and
19 CFR 351.221(b)(5).
Dated: November 4, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-24566 Filed 11-9-22; 8:45 am]
BILLING CODE 3510-DS-P
