Certain Pasta From Italy: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022, 45837-45839 [2024-11527]
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Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices
than 86 GSM, and a height of less than 11.5
inches; and
• Paper sacks or bags (i) with non-paper
handles made wholly of woven ribbon or
other similar woven fabric 14 and (ii) that are
finished with folded tops or for which tied
knots or t-bar aglets (made of wood, metal,
or plastic) are used to secure the handles to
the bags.
The above-referenced dimensions are
provided for paper bags in the opened
position. The height of the bag is the distance
from the bottom fold edge to the top edge
(i.e., excluding the height of handles that
extend above the top edge). The depth of the
bag is the distance from the front of the bag
edge to the back of the bag edge (typically
measured at the bottom of the bag). The
width of the bag is measured from the left to
the right edges of the front and back panels
(upon which the handles typically are
located).
This merchandise is currently classifiable
under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
4819.30.0040 and 4819.40.0040. The HTSUS
subheadings are provided for convenience
and customs purposes only; the written
description of the scope is dispositive.
Appendix II
ddrumheller on DSK120RN23PROD with NOTICES1
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Determination of Critical Circumstances,
in Part
V. Subsidies Valuation
VI. Changes Since the Preliminary
Determination
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether Commerce Correctly
Calculated the Benefits Under Advance
License Program (AAP)
Comment 2(a):Whether Remission of
Duties and Taxes on Export Products
(RODTEP) Is Countervailable
Comment 2(b):Whether Commerce
Incorrectly Calculated the Benefits
Under the RODTEP Program
Comment 3: Whether Duty Drawback
(DDB) Is Countervailable
Comment 4: Whether Commerce Has
Incorrectly Calculated Benefits Under
the Government of Haryana’s Freight
Assistance Scheme (FAS)
Comment 5: Whether Commerce Should
Correct the Spelling of Aeroplast
Packaging Solution Private Limited
IX. Recommendation
[FR Doc. 2024–11481 Filed 5–23–24; 8:45 am]
BILLING CODE 3510–DS–P
14 Paper sacks or bags with handles made of
braided or twisted materials, such as rope or cord,
do not qualify for this exclusion.
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–475–819]
Certain Pasta From Italy: Preliminary
Results and Partial Rescission of
Countervailing Duty Administrative
Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies were provided to producers
and exporters of certain pasta (pasta)
from Italy, during the period of review
(POR) January 1, 2022, through
December 31, 2022. In addition,
Commerce is rescinding the review with
respect to one company. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable May 24, 2024.
FOR FURTHER INFORMATION CONTACT:
Stefan Smith or 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) 482–4342 or
(202) 482–1395, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 24, 1998, Commerce
published in the Federal Register the
countervailing duty order on pasta from
Italy.1 On July 3, 2023, Commerce
published in the Federal Register the
notice of initiation of an administrative
review of the Order.2 On October 6,
2023, Commerce selected Gruppo
Alimentare Mediterraneo Milo S.r.l.
(Milo) and Pastificio Gentile S.r.l.
(Gentile) as the mandatory respondents
in this review.3 On October 26, 2023,
Milo withdrew its request for a review.4
On November 13, 2023, we also selected
Sgambaro SpA. (Sgambaro) for
individual examination as a mandatory
respondent.5 On March 21, 2024, we
1 See Notice of Countervailing Duty order and
Amended Final Affirmative Countervailing Duty
Determination: Certain Pasta from Italy, 61 FR
38544 (July 24, 1996) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
62322 (September 11, 2023).
3 See Memorandum, ‘‘Respondent Selection
Memorandum,’’ dated October 6, 2023.
4 See Milo’s Letter, ‘‘Withdraw Request for
Administrative Review,’’ dated October 26, 2023
(Milo’s Withdrawal of Review Request).
5 See Memorandum, ‘‘Second Respondent
Selection Memorandum,’’ dated November 13,
2023.
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45837
extended the deadline for the
preliminary results of this
administrative review until May 21,
2024.6
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.7 A list of topics
discussed in the Preliminary Decision
Memorandum is included in the
Appendix to this notice. 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://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Order
The merchandise covered by the
Order is pasta from Italy. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1) of the Tariff Act
of 1930, as amended (the Act). For each
of the subsidy programs found to be
countervailable, Commerce
preliminarily determines 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).8 For a full
description of the methodology
underlying our conclusions, including
our reliance, in part, on facts otherwise
available with an adverse inference
pursuant to sections 776(a) and (b) of
the Act, see the Preliminary Decision
Memorandum.
Recission of Administrative Review, in
Part
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
6 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated March 21, 2024.
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Countervailing Duty Order on Certain
Pasta from Italy; 2022,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
8 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.
E:\FR\FM\24MYN1.SGM
24MYN1
45838
Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices
Commerce shall determine, and CBP
shall assess, countervailing duties on all
appropriate entries covered by this
review.
For the company for which this
review is rescinded with these
preliminary results, we will instruct
CBP to assess countervailing duties on
all appropriate entries at a rate equal to
the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
Preliminary Results of Review
warehouse, for consumption, during the
We preliminary find that the
period January 1, 2022, through
following net countervailable subsidy
December 31, 2022, in accordance with
rates exist for the period January 1,
19 CFR 351.212(c)(1)(i). For the
2022, through December 31, 2022:
companies remaining in the review, we
intend to issue assessment instructions
Subsidy rate
to CBP no earlier than 35 days after the
Company
(percent ad
date of publication of the final results of
valorem)
this review in the Federal Register. If a
Pastificio Gentile S.r.l ...........
0.94 timely summons is filed at the U.S.
Sgambaro SpA .....................
2.37 Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
Cash Deposit Requirements
time for parties to file a request for a
In accordance with section
statutory injunction has expired (i.e.,
751(a)(2)(C) of the Act, Commerce also
within 90 days of publication).
intends upon publication of the final
Disclosure and Public Comment
results, to instruct U.S. Customs and
Border Protection (CBP) to collect cash
Commerce intends to disclose its
deposits of the estimated countervailing calculations and analysis performed to
duties in the amounts calculated in the
interested parties for these preliminary
final results of this review for the
results within five days of any public
respective companies listed above with
announcement or, if there is no public
regard to shipment of subject
announcement, within five days of the
merchandise entered, or withdrawn
date of publication of this notice in
from warehouse, for consumption on or accordance with 19 CFR 351.224(b).
after the date of publication of the final
Pursuant to 19 CFR 351.309(c)(1)(ii),
results of this review. If the rate
interested parties may submit case briefs
calculated in the final results is zero or
no later than 30 days after the date of
de minimis, no cash deposit will be
publication of this notice. Rebuttal
required on shipments of the subject
briefs, limited to issues raised in the
merchandise entered or withdrawn from case briefs, may be filed no later than
warehouse, for consumption on or after
five days after the date for filing case
the date of publication of the final
briefs.10 Interested parties who submit
results of this review.
case or rebuttal briefs in this proceeding
For all non-reviewed firms, CBP will
must submit: (1) a table of contents
continue to collect cash deposits of
listing each issue; and (2) a table of
estimated countervailing duties at the
authorities.11
all-others rate or the most recent
As provided under 19 CFR
company-specific rate applicable to the
351.309(c)(2) and (d)(2), in prior
company, as appropriate. These cash
proceedings we have encouraged
deposit requirements, when imposed,
interested parties to provide an
shall remain in effect until further
executive summary of their brief that
notice.
should be limited to five pages total,
including footnotes. In this review, we
Assessment Rates
instead request that interested parties
In accordance with section
provide at the beginning of their briefs
751(a)(2)(C) of the Act and 19 CFR
a public, executive summary for each
351.221(b)(4)(i), we preliminary
issue raised in their briefs.12 Further, we
determined subsidy rates in the
amounts shown above for the producer/
10 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
exporters shown above. Upon issuance
Antidumping and Countervailing Duty Proceedings,
of the final results of the administrative
FR 67069, 67077 (September 29, 2023) (APO and
review, consistent with section 751(a)(1) 88
Service Procedures).
of the Act and 19 CFR 351.212(b)(2),
11 See 19 CFR 351.309(c)(2) and (d)(2).
ddrumheller on DSK120RN23PROD with NOTICES1
review withdraw the request within 90
days of the date of publication of the
notice of initiation. On October 26,
2023, Milo withdrew its request for an
administrative review.9 Because the
withdrawal request was timely filed,
and no other party requested a review
of this company, we are rescinding this
review of the Order with respect to
Milo, in accordance with 19 CFR
351.213(d)(1).
12 We
9 See
Milo’s Withdrawal of Review Request.
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17:40 May 23, 2024
Jkt 262001
use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
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Fmt 4703
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request that interested parties limit their
public executive summary of each issue
to no more than 450 words, not
including citations. We intend to use
the public executive summaries as the
basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final results in this administrative
review. We request that interested
parties include footnotes for relevant
citations in the executive summary of
each issue. Note that Commerce has
amended certain of its requirements
pertaining to the service of documents
in 19 CFR 351.303(f).13
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. Hearing requests should
contain: (1) the party’s name, address,
and telephone number; (2) the number
of participants; and (3) a list of the
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case briefs. An
electronically filed hearing request must
be received successfully in its entirety
by Commerce’s electronic records
system, ACCESS, by 5 p.m. Eastern
Time within 30 days after the date of
publication of this notice.
Final Results
Unless extended, we intend to issue
the final results of this administrative
review, which will include the results of
our analysis of the issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h).
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: May 20, 2024.
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 Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
in a comment of the Issues and Decision
Memorandum.
13 See APO and Service Procedures.
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Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices
IV. Rescission of Administrative Review, in
Part
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024–11527 Filed 5–23–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–836]
Certain Paper Shopping Bags From the
Socialist Republic of Vietnam: Final
Affirmative Determination of Sales at
Less Than Fair Value and Final
Affirmative Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain paper shopping bags (paper
bags) from the Socialist Republic of
Vietnam (Vietnam) are being, or likely
to be, sold in the United States at lessthan-fair value (LTFV) for the period
investigation October 1, 2022, through
March 31, 2023.
DATES: Applicable May 24, 2024.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2371.
SUPPLEMENTARY INFORMATION:
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On January 3, 2024, Commerce
published in the Federal Register its
preliminary determination in the LTFV
investigation of paper bags from
Vietnam, in which we also postponed
the final determination until May 17,
2024.1 We invited interested parties to
comment on the Preliminary
Determination.2
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
1 See Certain Paper Shopping Bags from the
Socialist Republic of Vietnam: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Preliminary Affirmative Critical
Circumstances Determination, Postponement of
Final Determination, and Extension of Provisional
Measures, 89 FR 321 (January 3, 2024) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum (PDM).
2 See Preliminary Determination, 89 FR at 321.
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17:40 May 23, 2024
Jkt 262001
parties for this final determination, may
be found in the Issues and Decision
Memorandum.3 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.
Scope of the Investigation
The products covered by this
investigation are paper bags from
Vietnam. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
During the course of this
investigation, Commerce received scope
comments from parties. Commerce
issued a Preliminary Scope Decision
Memorandum to address these
comments and set aside a period of time
for parties to address scope issues in
scope-specific case and rebuttal briefs.4
We received comments from parties on
the Preliminary Scope Decision
Memorandum, which we addressed in
the Final Scope Decision
Memorandum.5 We made no changes to
the scope of the investigation from the
scope published in the Preliminary
Determination, as noted in Appendix I
to this notice.
Final Affirmative Determination of
Critical Circumstances
In accordance with section 733(e) of
the Tariff Act of 1930, as amended (the
Act) and 19 CFR 351.206, Commerce
continues to find that critical
circumstances exist with respect to
imports of paper bags from Vietnam for
Goldsun Packaging and Printing Joint
Stock Company (Goldsun), the nonselected respondents eligible for a
separate rate, and the Vietnam-wide
3 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Certain Paper
Shopping Bags from the Socialist Republic of
Vietnam,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
4 See Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated December 27, 2023
(Preliminary Scope Decision Memorandum).
5 See Memorandum, ‘‘Less-Than-Fair-Value and
Countervailing Duty Investigations of Certain Paper
Shopping Bags from Cambodia, the People’s
Republic of China, Colombia, India, Malaysia,
Portugal, Taiwan, the Republic of Turkey, and the
Socialist Republic of Vietnam: Final Scope Decision
Memorandum,’’ dated March 11, 2024 (Final Scope
Decision Memorandum).
PO 00000
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Fmt 4703
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45839
entity. For a discussion and analysis of
comments regarding Commerce’s
critical circumstances analysis, see the
Issues and Decision Memorandum.
Verification
As provided in section 782(i) of the
Act, we conducted verifications of the
sales and factors of production
information submitted by Goldsun for
use in our final determination. We used
standard verification procedures,
including an examination of relevant
sales and accounting records, and
original source documents provided by
Goldsun.6
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by interested
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of the issues raised
is attached as Appendix II to this notice.
Changes Since the Preliminary
Determination
We have made certain changes to the
margin calculation for Goldsun.7 For a
discussion of these changes, see the
Issues and Decision Memorandum.
Vietnam-Wide Entity and Use of
Adverse Facts Available (AFA)
Consistent with the Preliminary
Determination,8 Commerce continues to
find, pursuant to sections 776(a)(1) and
(a)(2)(A)–(C) of the Act, that the use of
facts available is warranted in
determining the rate of the Vietnamwide entity, which includes mandatory
respondent Hi-Level Enterprise Co., Ltd.
(Hi-Level), who did not fully respond to
Commerce’s questionnaire, and for the
following five non-responsive
companies 9 that did not respond to our
requests for information: NamCuong
Packaging, Pan Pacific Vietnam, SIC
Paper Bag, Kien Nang, Co., Ltd. and TLC
Packaging. Furthermore, we continue to
find that an adverse inference is
warranted in selecting from among the
facts otherwise available, pursuant to
section 776(b) of the Act, because the
Vietnam-wide entity, including the
above-referenced companies, failed to
cooperate by not acting to the best of
their ability to comply with Commerce’s
requests for information. For the final
determination, consistent with the
6 See Memorandum, ‘‘Verification of the
Questionnaire Responses of Goldsun Packaging and
Printing Joint Stock Company in the Antidumping
Investigation of Certain Paper Shopping Bags from
the Socialist Republic of Vietnam,’’ dated March 27,
2024.
7 See Issues and Decision Memorandum.
8 See Preliminary Determination PDM at 6–8.
9 Id.
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Agencies
[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Notices]
[Pages 45837-45839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11527]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-819]
Certain Pasta From Italy: Preliminary Results and Partial
Rescission of Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to producers
and exporters of certain pasta (pasta) from Italy, during the period of
review (POR) January 1, 2022, through December 31, 2022. In addition,
Commerce is rescinding the review with respect to one company.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable May 24, 2024.
FOR FURTHER INFORMATION CONTACT: Stefan Smith or 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) 482-4342 or (202)
482-1395, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1998, Commerce published in the Federal Register the
countervailing duty order on pasta from Italy.\1\ On July 3, 2023,
Commerce published in the Federal Register the notice of initiation of
an administrative review of the Order.\2\ On October 6, 2023, Commerce
selected Gruppo Alimentare Mediterraneo Milo S.r.l. (Milo) and
Pastificio Gentile S.r.l. (Gentile) as the mandatory respondents in
this review.\3\ On October 26, 2023, Milo withdrew its request for a
review.\4\ On November 13, 2023, we also selected Sgambaro SpA.
(Sgambaro) for individual examination as a mandatory respondent.\5\ On
March 21, 2024, we extended the deadline for the preliminary results of
this administrative review until May 21, 2024.\6\
---------------------------------------------------------------------------
\1\ See Notice of Countervailing Duty order and Amended Final
Affirmative Countervailing Duty Determination: Certain Pasta from
Italy, 61 FR 38544 (July 24, 1996) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 62322 (September 11, 2023).
\3\ See Memorandum, ``Respondent Selection Memorandum,'' dated
October 6, 2023.
\4\ See Milo's Letter, ``Withdraw Request for Administrative
Review,'' dated October 26, 2023 (Milo's Withdrawal of Review
Request).
\5\ See Memorandum, ``Second Respondent Selection Memorandum,''
dated November 13, 2023.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated March
21, 2024.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\7\ A list of topics discussed in the Preliminary Decision
Memorandum is included in the Appendix to this notice. 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://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Certain Pasta from Italy; 2022,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is pasta from Italy. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found to be countervailable, Commerce
preliminarily determines 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).\8\ For a full description
of the methodology underlying our conclusions, including our reliance,
in part, on facts otherwise available with an adverse inference
pursuant to sections 776(a) and (b) of the Act, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\8\ 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.
---------------------------------------------------------------------------
Recission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a
[[Page 45838]]
review withdraw the request within 90 days of the date of publication
of the notice of initiation. On October 26, 2023, Milo withdrew its
request for an administrative review.\9\ Because the withdrawal request
was timely filed, and no other party requested a review of this
company, we are rescinding this review of the Order with respect to
Milo, in accordance with 19 CFR 351.213(d)(1).
---------------------------------------------------------------------------
\9\ See Milo's Withdrawal of Review Request.
---------------------------------------------------------------------------
Preliminary Results of Review
We preliminary find that the following net countervailable subsidy
rates exist for the period January 1, 2022, through December 31, 2022:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Pastificio Gentile S.r.l................................ 0.94
Sgambaro SpA............................................ 2.37
------------------------------------------------------------------------
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends upon publication of the final results, to instruct U.S. Customs
and Border Protection (CBP) to collect cash deposits of the estimated
countervailing duties in the amounts calculated in the final results of
this review for the respective companies listed above with regard to
shipment of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this review. If the rate calculated in the final results is
zero or de minimis, no cash deposit will be required on shipments of
the subject merchandise entered or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review.
For all non-reviewed firms, CBP will continue to collect cash
deposits of estimated countervailing duties at the all-others rate or
the most recent company-specific rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminary determined subsidy rates in the
amounts shown above for the producer/exporters shown above. Upon
issuance of the final results of the administrative review, consistent
with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce
shall determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review.
For the company for which this review is rescinded with these
preliminary results, we will instruct CBP to assess countervailing
duties on all appropriate entries at a rate equal to the cash deposit
of estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2022, through December 31, 2022, in accordance with 19 CFR
351.212(c)(1)(i). For the companies remaining in the review, we intend
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).
Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs no 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 five days after the date for filing case
briefs.\10\ Interested parties who submit case or rebuttal briefs in
this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\11\
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\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\12\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Hearing requests should contain: (1) the party's name, address,
and telephone number; (2) the number of participants; and (3) a list of
the issues to be discussed. Issues raised in the hearing will be
limited to those raised in the respective case briefs. An
electronically filed hearing request must be received successfully in
its entirety by Commerce's electronic records system, ACCESS, by 5 p.m.
Eastern Time within 30 days after the date of publication of this
notice.
Final Results
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of the issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213 and 351.221(b)(4).
Dated: May 20, 2024.
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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
[[Page 45839]]
IV. Rescission of Administrative Review, in Part
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024-11527 Filed 5-23-24; 8:45 am]
BILLING CODE 3510-DS-P