Certain Pasta From Italy: Final Results of Countervailing Duty Administrative Review; 2021, 3382-3384 [2024-00915]
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3382
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Notices
32. Shaw Pipe Protecction
33. Shaw Pipe Protection
34. Tenaris Algoma Tubes Facility
35. Tenaris Prudential
36. Welded Tube of Can Ltd
[FR Doc. 2024–00904 Filed 1–17–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Announcement of U.S. Company
Recruitment for the March 11–12, 2024
Presidential Trade and Investment
Mission to the Philippines
International Trade
Administration (ITA), Department of
Commerce (DOC).
ACTION: Notice.
AGENCY:
The U.S. Department of
Commerce is assisting the White House
in recruitment of U.S. companies to
participate in a Presidential Trade and
Investment Mission to the Philippines.
FOR FURTHER INFORMATION CONTACT:
Elliott Brewer, Philippines Desk Officer,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: 202–430–8025;
email: elliott.brewer@trade.gov.
SUPPLEMENTARY INFORMATION: The
United States seeks to send a
Presidential Trade and Investment
Mission (PTIM) to the Philippines from
March 11–12, 2024. The intent to
dispatch the PTIM was announced by
President Joseph R. Biden, Jr. on May 1,
2023, during the visit of Philippine
President Ferdinand R. Marcos, Jr. to
Washington, DC. As described in the
White House’s fact sheet on ‘‘Investing
in the Special Friendship and Alliance
Between the United States and the
Philippines,’’ the purpose of the PTIM
is to enhance U.S. companies’
investment in the Philippines’
innovation economy, its clean energy
transition and critical minerals sector,
and the food security of its people. The
mission will feature the highest caliber
of U.S. business leaders dedicated to
strengthening U.S.-Philippine trade and
investment ties in these areas. Trade
mission delegates will meet with
Government of Philippines officials in
Manila to learn more about business
development incentives and to discuss
regulatory reforms. These discussions
will help identify policy actions that
support mutually beneficial economic
and commercial outcomes. Trade
mission delegates will also be able to
join networking events with relevant
local firms and business organizations
to foster business-to-business trade and
investment promotion opportunities.
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:32 Jan 17, 2024
Jkt 262001
The U.S. Department of Commerce is
assisting the White House in
recruitment of U.S. companies to
participate in the PTIM and welcomes
statements of interest in participation in
the PTIM from U.S.-headquartered
companies that can help the United
States and Philippines achieve the goals
described above. Priority will be given
to companies that are (1) willing to
participate in the PTIM at the Chief
Executive Officer, President, or other
senior executive level, (2) conducting or
developing plans to conduct business in
both countries, and (3) engaged in work
related to the clean energy transition,
critical minerals sector, food security, or
that promotes the Philippines’
innovation economy, including its
digital transformation, and/or greater
supply chain resilience. This list of
business areas is not intended to be
exhaustive. Each company that is
selected will be permitted to have one
primary representative at the Chief
Executive Officer, President, or other
senior executive level join the PTIM,
along with one additional supporting
representative. Company representatives
must be able to travel to the Philippines
and to locations in the United States to
attend PTIM meetings, as well as PTIM
preparatory meetings. Travel and inperson activities are contingent upon
the safety and health conditions in the
United States and the Philippines.
Should safety or health conditions not
be appropriate for travel and/or inperson activities, one or more meetings
may be postponed or scheduled
virtually instead. It is also possible that
the entire mission would be postponed
or cancelled in response to changes in
safety or health conditions.
No fees will be collected from trade
mission delegates. Trade mission
delegates and their sponsoring
companies will be responsible for
covering all travel, lodging, meals, and
incidental expenses associated with the
PTIM.
Interested companies should submit
the following information to the U.S.
Department of Commerce at PTIM@
trade.gov by Tuesday, January 30, 2024:
• Company Name;
• Name of Chief Executive Officer or
President;
• U.S. State of Incorporation;
• Corporate Headquarters;
• Principal Place of Business;
• Main Address (Street Address, City,
State, and Zip Code);
• List of Subsidiary or Affiliate
Offices in Asia (including in the
Philippines);
• Industry Area(s);
• Main Products and Services;
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• A brief (up to one page) Statement
of Interest explaining:
Æ Your company’s goals and
qualifications for the mission.
Æ How your company’s participation
in the mission will strengthen U.S.Philippines trade and investment ties.
Æ How your company’s work can
support the clean energy transition,
critical minerals sector, food security, or
innovation economy—including efforts
to advance digital transformation and/or
greater supply chain resilience in the
Philippines.
• Name, title, work email, phone
number, and biography of your Chief
Executive Officer, President, or other
senior executive who would represent
the company on the PTIM.
• Name, title, work email, and phone
number of the main working-level point
of contact that will facilitate the senior
executive’s participation in the mission.
• Name, title, work email, phone
number, and biography of one optional
accompanying staff person (if
applicable).
The selection of companies for the
PTIM will be evaluated on a
comparative basis by: (1) the level of
executive representation; (2)
consistency of the applicant’s goals and
objectives with the stated scope of the
mission; (3) suitability of the applicant’s
products or services to the Philippines
market; and (4) the applicant’s potential
for developing trade and investment
opportunities in the Philippines market.
Statements of interest received after
January 30 will be considered only if
space and scheduling constraints
permit. Please direct any questions or
requests for more information about the
PTIM to Mr. Elliott Brewer at 202–430–
8025 or elliott.brewer@trade.gov.
David Nufrio,
Deputy Director of the Office of Southeast
Asia.
[FR Doc. 2024–00913 Filed 1–17–24; 8:45 am]
BILLING CODE 3510–FP–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–475–819]
Certain Pasta From Italy: Final Results
of Countervailing Duty Administrative
Review; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies were provided
to certain producers and exporters of
AGENCY:
E:\FR\FM\18JAN1.SGM
18JAN1
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Notices
certain pasta (pasta) from Italy during
the period of review (POR) January 1,
2021, through December 31, 2021.
DATES: Applicable January 18, 2024.
FOR FURTHER INFORMATION CONTACT:
Nicholas Czajkowski, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1395.
SUPPLEMENTARY INFORMATION:
Background
On July 18, 2023, Commerce
published the Preliminary Results of
this administrative review in the
Federal Register.1 This review covers
one mandatory respondent, Pastificio
Gentile S.r.l. (Gentile) and one nonselected company, Sgambaro SpA.
(Sgambaro).
From October 19 through October 24,
2023, we conducted verification of
Gentile and the Government of Italy’s
questionnaire responses. On November
2, 2023, we released the verification
reports,2 and, on November 6, 2023, we
invited parties to comment on the
Preliminary Results.3 For a complete
description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.4
Scope of the Order 5
The product covered by this Order is
pasta from Italy. A full description of
the scope of the Order is contained in
the Issues and Decision Memorandum.
khammond on DSKJM1Z7X2PROD with NOTICES
Analysis of Comments Received
All issues raised by the interested
parties in case and rebuttal briefs are
addressed in the Issues and Decision
Memorandum. A list of topics discussed
in the Issues and Decision
Memorandum is provided in the
appendix to this notice. The Issues and
Decision Memorandum is a public
1 See Certain Pasta from Italy: Preliminary Results
and Partial Rescission of Countervailing Duty
Administrative Review; 2021, 88 FR 45886 (July 18,
2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Verification of the
Questionnaire Responses of Pastificio Gentile
S.r.l.,’’ dated November 2, 2023, and Memorandum,
‘‘Verification of the Questionnaire Responses of the
Government of Italy,’’ dated November 2, 2023.
3 See Commerce’s Letter, ‘‘Briefing Schedule,’’
dated November 6, 2023.
4 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the Countervailing Duty
Administrative Review of Certain Pasta from Italy;
2021,’’ concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
5 See Notice of Countervailing Duty Order and
Amended Final Affirmative Countervailing Duty
Determination: Certain Pasta from Italy, 61 FR
38544 (July 24, 1996) (Order).
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17:32 Jan 17, 2024
Jkt 262001
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and CVD 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
Based on comments received from
interested parties and issues originating
from verification, we are applying total
adverse facts available (AFA) to Gentile
for the final results of this review. For
a discussion of the issues, see the Issues
and Decision Memorandum.
Methodology
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each of the subsidy programs found
countervailable, we find that there is a
subsidy, i.e., a government-provided
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific.6 For a full
description of the methodology
underlying all of Commerce’s
conclusions, including our reliance, on
facts otherwise available, including
AFA, pursuant to sections 776(a) and (b)
of the Act, see the Issues and Decision
Memorandum.
Final Results of the Administrative
Review
As a result of this review, we
determine that the following estimated
countervailable subsidy rates exist for
the period January 1, 2021, through
December 31, 2021:
3383
individual examination where
Commerce limits its examination in an
administrative review pursuant to
section 777A(e)(2) of the Act. However,
Commerce normally determines the
rates for non-selected companies in
reviews in a manner that is consistent
with section 705(c)(5) of the Act, which
provides the basis for calculating allothers rate in an investigation.
Section 705(c)(5)(A)(i) of the Act
instructs Commerce, as a general rule, to
calculate an all-others rate equal to the
weighted average of the countervailable
subsidy rates established for exporters
and/or producers individually
examined, excluding any rates that are
zero, de minimis, or based entirely on
facts available. In this review, the final
rate for Gentile, the sole mandatory
respondent, was based entirely on facts
available. Accordingly, under ‘‘any
reasonable method,’’ we have selected
the rate calculated in the most recently
completed administrative review as the
rate to be applied for Sgambaro, see the
Issues and Decision Memorandum at
Comment 3.
Cash Deposit Requirements
In accordance with section 751(a)(1)
of the Act, Commerce intends to instruct
U.S. Customs and Border Protection
(CBP) to collect cash deposits of
estimated countervailing duties in the
amounts shown above for the abovelisted companies with regard to
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of these final results of
review. These cash deposit
requirements, effective upon
publication of these final results, shall
remain in effect until further notice.
Assessment Rates
In accordance with section
Company
751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall
Pastificio Gentile S.R.L .........
88.67 determine, and CBP shall assess,
Sgambaro SpA .....................
1.18 countervailing duties at the applicable
ad valorem rates on all appropriate
entries covered by this review.
Final Rate for Non-Selected Company
Commerce intends to issue assessment
Under Review
instructions to CBP no earlier than 35
There is one company, Sgambaro, for
days after publication of the final results
which a review was requested and not
of this review in the Federal Register.
rescinded, and which was not selected
If a timely summons is filed at the U.S.
as a mandatory respondent or found to
Court of International Trade, the
be cross-owned with the mandatory
assessment instructions will direct CBP
respondent. The statute and
not to liquidate relevant entries until the
Commerce’s regulations do not directly
time for parties to file a request for a
address the establishment of rates to be
statutory injunction has expired (i.e.,
applied to companies not selected for
within 90 days of publication).
Subsidy rate
(percent
ad valorem)
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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Fmt 4703
Sfmt 4703
Disclosure
Commerce intends to disclose our
AFA calculations performed for the
E:\FR\FM\18JAN1.SGM
18JAN1
3384
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Notices
final results of review within five days
after the date of publication of this
notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Administrative Protective Order
This notice also serves as a final
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 terms of an
APO is a sanctionable violation.
Notification to Interested Parties
The final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: January 11, 2024.
Abdelali Elouaradia,
Deputy 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. Subsidies Valuation
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Discussion of the Issues
Comment 1: Whether Commerce Should
Apply an Adverse Facts Available (AFA)
Rate to Gentile
Comment 2: Whether Commerce Erred in
Finding the IRAP Program to be
Countervailable and its Calculation of
the Program
Comment 3: Calculation of the ‘‘AllOthers’’ Rate
VII. Recommendation
[FR Doc. 2024–00915 Filed 1–17–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
khammond on DSKJM1Z7X2PROD with NOTICES
Marine and Coastal Area-Based
Management Advisory Committee
Meeting
National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice of open public meeting.
AGENCY:
This notice sets forth the
proposed schedule and agenda of a
forthcoming meeting of the Marine and
SUMMARY:
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17:32 Jan 17, 2024
Jkt 262001
Coastal Area-based Management
Advisory Committee (MCAM). The
members will discuss and provide
advice on issues outlined under
SUPPLEMENTARY INFORMATION below.
DATES: The meeting will be February 1
and 2, 2024 from 9 a.m. to 5 p.m.
eastern time.
ADDRESSES: The meeting will be held in
the Spring Room at the Silver Spring
Civic Building, 1 Veterans Place, Silver
Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT:
Lauren Wenzel, Director, NOAA’s
National Marine Protected Areas Center,
Lauren.Wenzel@noaa.gov, (240) 533–
0652; or Heather Sagar, Senior Policy
Advisor, NOAA Fisheries,
Heather.Sagar@noaa.gov, (301) 427–
8019.
SUPPLEMENTARY INFORMATION: As
required by section 10(a)(2) of the
Federal Advisory Committee Act, 5
U.S.C. app, notice is hereby given of a
meeting of MCAM. The MCAM was
established in 2022 to advise the Under
Secretary of Commerce for Oceans and
Atmosphere on science-based
approaches to area-based protection,
conservation, restoration, and
management in coastal and marine
areas, including the Great Lakes. The
charter is located online at https://
oceanservice.noaa.gov/ocean/marinecoastal-fac/.
I. Matters To Be Considered
The meeting time and agenda are
subject to change. The meeting is
convened to discuss the following
topics: area-based management in the
U.S.; the use of NOAA’s science and
knowledge to guide area-based
management; NOAA’s restoration
programs and tools; how NOAA may
best leverage area-based management
tools, investments, and authorities; how
NOAA may foster healthy coastal
communities through partnerships, jobs,
and support; the Biden-Harris
Administration’s America the Beautiful
initiative, as well as various
administrative and organizational
matters. The times and the agenda
topics described here are subject to
change.
II. Public Comment Instructions
The meeting will be open to public
participation (check agenda on website
to confirm time). Written comments
should be received by the Designated
Federal Official by January 26, 2024, to
provide sufficient time for Committee
review. Written comments received after
January 26, 2024, will be distributed to
the Committee, but may not be reviewed
prior to the meeting date. To submit
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Fmt 4703
Sfmt 4703
written comments, please email Ellie
Roberts, ellie.roberts@noaa.gov.
III. Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Ellie
Roberts at ellie.roberts@noaa.gov, at
least 5 days prior to the meeting date.
IV. Exceptional Circumstances
Pursuant to 41 CFR 102–3.150, the
notice for this meeting is given fewer
than 15 calendar days prior to the
meeting due to exceptional
circumstances. It is imperative that the
inaugural meeting of the MCAM
proceed as scheduled, as Committee
members have made business plans to
attend the meeting, there is no other
meeting date in a reasonable time frame
that would accommodate schedules
without causing undue financial
burden, and there is an immediate
business and mission need for the FAC
to convene to establish its workflows
and anticipated products.
John Armor,
Designated Federal Official, Marine and
Coastal Area-based Management Advisory
Committee, Director, Office of National
Marine Sanctuaries, National Ocean Service,
National Oceanic and Atmospheric
Administration.
[FR Doc. 2024–00912 Filed 1–17–24; 8:45 am]
BILLING CODE 3510–NK–P
DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID: USA–2023–HQ–0014]
Submission for OMB Review;
Comment Request
U.S. Army Corps of Engineers
(USACE), Department of the Army,
Department of Defense (DoD).
ACTION: 30-Day information collection
notice.
AGENCY:
The DoD has submitted to the
Office of Management and Budget
(OMB) for clearance the following
proposal for collection of information
under the provisions of the Paperwork
Reduction Act.
DATES: Consideration will be given to all
comments received by February 20,
2024.
SUMMARY:
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
ADDRESSES:
E:\FR\FM\18JAN1.SGM
18JAN1
Agencies
[Federal Register Volume 89, Number 12 (Thursday, January 18, 2024)]
[Notices]
[Pages 3382-3384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00915]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-819]
Certain Pasta From Italy: Final Results of Countervailing Duty
Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies were provided to certain producers and
exporters of
[[Page 3383]]
certain pasta (pasta) from Italy during the period of review (POR)
January 1, 2021, through December 31, 2021.
DATES: Applicable January 18, 2024.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1395.
SUPPLEMENTARY INFORMATION:
Background
On July 18, 2023, Commerce published the Preliminary Results of
this administrative review in the Federal Register.\1\ This review
covers one mandatory respondent, Pastificio Gentile S.r.l. (Gentile)
and one non-selected company, Sgambaro SpA. (Sgambaro).
---------------------------------------------------------------------------
\1\ See Certain Pasta from Italy: Preliminary Results and
Partial Rescission of Countervailing Duty Administrative Review;
2021, 88 FR 45886 (July 18, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
---------------------------------------------------------------------------
From October 19 through October 24, 2023, we conducted verification
of Gentile and the Government of Italy's questionnaire responses. On
November 2, 2023, we released the verification reports,\2\ and, on
November 6, 2023, we invited parties to comment on the Preliminary
Results.\3\ For a complete description of the events that occurred
since the Preliminary Results, see the Issues and Decision
Memorandum.\4\
---------------------------------------------------------------------------
\2\ See Memorandum, ``Verification of the Questionnaire
Responses of Pastificio Gentile S.r.l.,'' dated November 2, 2023,
and Memorandum, ``Verification of the Questionnaire Responses of the
Government of Italy,'' dated November 2, 2023.
\3\ See Commerce's Letter, ``Briefing Schedule,'' dated November
6, 2023.
\4\ See Memorandum, ``Decision Memorandum for the Final Results
of the Countervailing Duty Administrative Review of Certain Pasta
from Italy; 2021,'' concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 5
---------------------------------------------------------------------------
\5\ See Notice of Countervailing Duty Order and Amended Final
Affirmative Countervailing Duty Determination: Certain Pasta from
Italy, 61 FR 38544 (July 24, 1996) (Order).
---------------------------------------------------------------------------
The product covered by this Order is pasta from Italy. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by the interested parties in case and rebuttal
briefs are addressed in the Issues and Decision Memorandum. A list of
topics discussed in the Issues and Decision Memorandum is provided in
the appendix to this notice. The Issues and Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and CVD 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
Based on comments received from interested parties and issues
originating from verification, we are applying total adverse facts
available (AFA) to Gentile for the final results of this review. For a
discussion of the issues, see the Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found countervailable, we find that
there is a subsidy, i.e., a government-provided financial contribution
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\6\ For a full description of the methodology underlying all
of Commerce's conclusions, including our reliance, on facts otherwise
available, including AFA, pursuant to sections 776(a) and (b) of the
Act, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Final Results of the Administrative Review
As a result of this review, we determine that the following
estimated countervailable subsidy rates exist for the period January 1,
2021, through December 31, 2021:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Pastificio Gentile S.R.L................................ 88.67
Sgambaro SpA............................................ 1.18
------------------------------------------------------------------------
Final Rate for Non-Selected Company Under Review
There is one company, Sgambaro, for which a review was requested
and not rescinded, and which was not selected as a mandatory respondent
or found to be cross-owned with the mandatory respondent. The statute
and Commerce's regulations do not directly address the establishment of
rates to be applied to companies not selected for individual
examination where Commerce limits its examination in an administrative
review pursuant to section 777A(e)(2) of the Act. However, Commerce
normally determines the rates for non-selected companies in reviews in
a manner that is consistent with section 705(c)(5) of the Act, which
provides the basis for calculating all-others rate in an investigation.
Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general
rule, to calculate an all-others rate equal to the weighted average of
the countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any rates that are zero, de
minimis, or based entirely on facts available. In this review, the
final rate for Gentile, the sole mandatory respondent, was based
entirely on facts available. Accordingly, under ``any reasonable
method,'' we have selected the rate calculated in the most recently
completed administrative review as the rate to be applied for Sgambaro,
see the Issues and Decision Memorandum at Comment 3.
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct U.S. Customs and Border Protection (CBP) to collect cash
deposits of estimated countervailing duties in the amounts shown above
for the above-listed companies with regard to shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of these final results of review. These
cash deposit requirements, effective upon publication of these final
results, shall remain in effect until further notice.
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, and CBP shall assess,
countervailing duties at the applicable ad valorem rates on all
appropriate entries covered by this review. Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after
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).
Disclosure
Commerce intends to disclose our AFA calculations performed for the
[[Page 3384]]
final results of review within five days after the date of publication
of this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Administrative Protective Order
This notice also serves as a final 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 terms of an APO is a sanctionable
violation.
Notification to Interested Parties
The final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: January 11, 2024.
Abdelali Elouaradia,
Deputy 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. Subsidies Valuation
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Discussion of the Issues
Comment 1: Whether Commerce Should Apply an Adverse Facts
Available (AFA) Rate to Gentile
Comment 2: Whether Commerce Erred in Finding the IRAP Program to
be Countervailable and its Calculation of the Program
Comment 3: Calculation of the ``All-Others'' Rate
VII. Recommendation
[FR Doc. 2024-00915 Filed 1-17-24; 8:45 am]
BILLING CODE 3510-DS-P