80_FR_47619 80 FR 47467 - Certain Pasta From Italy: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014

80 FR 47467 - Certain Pasta From Italy: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 152 (August 7, 2015)

Page Range47467-47469
FR Document2015-19481

In response to requests from interested parties, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain pasta (pasta) from Italy,\1\ covering the period July 1, 2013, through June 30, 2014. The initiation of the instant review \2\ covered six companies, and we have partially rescinded the review with respect to two companies, as discussed below.\3\ Thus, this review covers four companies: The mandatory respondents, La Molisana S.p.A. (La Molisana) and Rummo S.p.A. Molino e Pastificio (the Rummo Group),\4\ and Pastificio Andalini S.p.A. (Andalini) and Delverde Industrie Alimentari S.p.A. (Delverde), which were not selected for individual examination. We preliminarily determine that La Molisana and the Rummo Group made sales of subject merchandise at less than normal value during the period of review (POR). Interested parties are invited to comment on these preliminary results. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 152 (Friday, August 7, 2015)
[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Notices]
[Pages 47467-47469]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19481]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Preliminary Results of Antidumping Duty 
Administrative Review; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to requests from interested parties, the 
Department of Commerce (the Department) is conducting an administrative 
review of the antidumping duty order on certain pasta (pasta) from 
Italy,\1\ covering the period July 1, 2013, through June 30, 2014. The 
initiation of the instant review \2\ covered six companies, and we have 
partially rescinded the review with respect to two companies, as 
discussed below.\3\ Thus, this review covers four companies: The 
mandatory respondents, La Molisana S.p.A. (La Molisana) and

[[Page 47468]]

Rummo S.p.A. Molino e Pastificio (the Rummo Group),\4\ and Pastificio 
Andalini S.p.A. (Andalini) and Delverde Industrie Alimentari S.p.A. 
(Delverde), which were not selected for individual examination. We 
preliminarily determine that La Molisana and the Rummo Group made sales 
of subject merchandise at less than normal value during the period of 
review (POR). Interested parties are invited to comment on these 
preliminary results.
---------------------------------------------------------------------------

    \1\ See Notice of Antidumping Duty Order and Amended Final 
Determination of Sales at Less Than Fair Value: Certain Pasta from 
Italy, 61 FR 38547 (July 24, 1996).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 51548 (August 29, 2014) (Initiation 
Notice).
    \3\ See Certain Pasta from Italy: Notice of Partial Rescission 
of Antidumping Duty Administrative Review, 80 FR 4541 (January 28, 
2015) (Partial Rescission).
    \4\ The Rummo Group consists of Rummo S.p.A., Lenta Lavorazione, 
Pasta Castiglioni, and Rummo S.p.A. Molino e Pastificio. In this 
review, we found that the facts have not changed with respect to 
Rummo and its affiliates and therefore, we followed the same 
methodology as we did in the most recent completed review (AR 17) by 
collapsing the affiliated companies as the Rummo Group. See Certain 
Pasta From Italy: Notice of Final Results of 17th Antidumping Duty 
Administrative Review; 2012-2013, 80 FR 8604 (February 18, 2015) (AR 
17 Final Results).

---------------------------------------------------------------------------
DATES: Effective date: August 7, 2015.

FOR FURTHER INFORMATION CONTACT: Joy Zhang or George McMahon, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1168 or (202) 482-1167, respectively.

Scope of the Order

    Imports covered by the order are shipments of certain non-egg dry 
pasta. The merchandise subject to review is currently classifiable 
under items 1901.90.90.95 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.\5\
---------------------------------------------------------------------------

    \5\ For a full description of the scope of the order, see the 
``Decision Memorandum for the Preliminary Results of Antidumping 
Duty Administrative Review and Partial Rescission: Certain Pasta 
from Italy; 2013-2014'' from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
dated concurrently with this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Partial Rescission of the 2013-2014 Administrative Review

    On October 10, 2014, and November 25, 2014, respectively, Dalla 
Costa Alimentare srl (Dalla Costa) and Pasta Lensi S.r.l. (Pasta Lensi) 
timely withdrew their requests for an administrative review.\6\ In 
accordance with 19 CFR 351.213(d)(1),\7\ and consistent with our 
practice,\8\ we rescinded this review, in part, with respect to Dalla 
Costa and Pasta Lensi.\9\
---------------------------------------------------------------------------

    \6\ See Letter from Dalla Costa to the Department, ``Antidumping 
Duty Administrative Review of Certain Pasta from Italy: Withdrawal 
of Review Request for Administrative Review of Dalla Costa 
Alimentare SRL,'' dated October 10, 2014; Letter from Pasta Lensi to 
the Department, ``Pasta from Italy: Withdrawal of Request for 
Administrative Review,'' dated November 25, 2014.
    \7\ Under 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review ``if a party that requested the review 
withdraws the request within 90 days of the date of publication of 
notice of initiation of the requested review.'' The instant review 
was initiated on August 29, 2014. Therefore, the deadline to 
withdraw review requests was November 27, 2014. Thus, the Dalla 
Costa and Pasta Lensi withdrawal requests are timely.
    \8\ See, e.g., Brass Sheet and Strip from Germany: Notice of 
Rescission of Antidumping Duty Administrative Review, 73 FR 49170 
(August 20, 2008); see also Certain Lined Paper Products from India: 
Notice of Partial Rescission of Antidumping Duty Administrative 
Review and Extension of Time Limit for the Preliminary Results of 
Antidumping Duty Administrative Review, 74 FR 21781 (May 11, 2009).
    \9\ See Partial Rescission.

SUPPLEMENTARY INFORMATION:

Methodology

    The Department conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed 
export price or export price is calculated in accordance with section 
772 of the Act. Normal value is calculated in accordance with section 
773 of the Act. For a full description of the methodology underlying 
our preliminary results, see Preliminary Decision Memorandum dated 
concurrently with this notice and hereby adopted by 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 http://access.trade.gov and 
is available to all parties in the Central Records Unit, room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
on the Internet at http://enforcement.trade.gov/frn/index.html. The 
signed Preliminary Decision Memorandum and the electronic version of 
the Preliminary Decision Memorandum are identical in content.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins\10\ for the period July 1, 
2013, through June 30, 2014:
---------------------------------------------------------------------------

    \10\ The rate applied to the non-selected companies is a 
weighted-average percentage margin calculated based on the publicly-
ranged U.S. volumes of the two reviewed companies with an 
affirmative dumping margin, for the period July 1, 2013, through 
June 30, 2014. See Memorandum to the File, titled, ``Certain Pasta 
from Italy: Margin for Respondents Not Selected for Individual 
Examination,'' from Joy Zhang and George McMahon, Case Analysts, 
through Eric B. Greynolds, Program Manager, dated concurrently with 
this notice.

------------------------------------------------------------------------
                                                       Weighted- average
               Producer and/or exporter                 dumping  margin
                                                           (percent)
------------------------------------------------------------------------
La Molisana S.p.A. (La Molisana).....................              12.90
Rummo S.p.A., Lenta Lavorazione, Pasta Castiglioni,                 1.18
 and Rummo S.p.A. Molino e Pastificio (collectively,
 the Rummo Group)....................................
Pastificio Andalini S.p.A. (Andalini)................               8.91
Delverde Industrie Alimentari S.p.A. (Delverde)......               8.91
------------------------------------------------------------------------

Assessment Rate

    Upon issuance of the final results, the Department shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. If the 
weighted-average dumping margin for La Molisana or the Rummo Group is 
not zero or de minimis (i.e., less than 0.5 percent), we will calculate 
importer-specific ad valorem antidumping duty assessment rates based on 
the ratio of the total amount of dumping calculated for the importer's 
examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific assessment rate calculated in

[[Page 47469]]

the final results of this review is not zero or de minimis. Where 
either the respondent's weighted-average dumping margin is zero or de 
minimis, 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. The final results of this review shall be 
the basis for the assessment of antidumping duties on entries of 
merchandise covered by the final results of this review where 
applicable.
    In accordance with the Department's ``automatic assessment'' 
practice, for entries of subject merchandise during the POR produced by 
each respondent for which they did not know that their merchandise was 
destined for the United States, 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. For a full 
discussion of this clarification, see Antidumping and Countervailing 
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 
2003).
    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 751(a)(2) 
of the Act: (1) The cash deposit rate for respondents noted above will 
be the rate established in the final results of this administrative 
review; (2) for merchandise exported by manufacturers or exporters not 
covered in this administrative review but covered in a 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, a 
prior review, or the original investigation, but the manufacturer is, 
the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the manufacturer of 
the subject merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 15.45 percent, the all-
others rate established in the antidumping investigation as modified by 
the section 129 determination.\11\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \11\ See Implementation of the Findings of the WTO Panel in US--
Zeroing (EC): Notice of Determinations Under Section 129 of the 
Uruguay Round Agreements Act and Revocations and Partial Revocations 
of Certain Antidumping Duty Orders, 72 FR 25261 (May 4, 2007).
---------------------------------------------------------------------------

Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\12\ 
Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs not later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\13\ Parties who submit comments are requested to submit: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities. All briefs must be filed electronically using 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's electronic records system, ACCESS.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.224(b).
    \13\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system within 30 days of publication of this 
notice.\14\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, we will inform 
parties of the scheduled date for the hearing which will be held at the 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, at a time and location to be determined.\15\ 
Parties should confirm by telephone the date, time, and location of the 
hearing.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.310(c).
    \15\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 
751(a)(2)(B)(iv) of the Act, the Department will issue the final 
results of this administrative review, including the results of our 
analysis of the issues raised by the parties in their case briefs, 
within 120 days after issuance of these preliminary results.

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and increase the 
subsequent assessment of the antidumping duties by the amount of 
antidumping duties reimbursed.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 31, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of Methodology
    Date of Sale
    Comparisons to Normal Value
    Product Comparisons
    Determination of Comparison Method
    Results of the Differential Pricing (DP) Analysis
    Export Price
    Constructed Export Price
    Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Cost of Production
    D. Calculation of Cost of Production
    E. Test of Home Market Prices
    F. Results of the COP Test
    Margins for Companies Not Selected for Individual Examination
    Currency Conversion
5. Recommendation

[FR Doc. 2015-19481 Filed 8-6-15; 8:45 am]
BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices                                                    47467

                                              DEPARTMENT OF COMMERCE                                    any respondent interested party. As a                  to lead to continuation or recurrence of
                                                                                                        result, pursuant to section 751(c)(3)(B)               dumping at weighted average margins
                                              International Trade Administration                        of the Act and 19 CFR                                  up to 58.00 percent.
                                              [A–570–002]                                               351.218(e)(1)(ii)(C)(2), the Department
                                                                                                                                                               Notification Regarding Administrative
                                                                                                        conducted an expedited sunset review
                                                                                                        of the Order.                                          Protective Orders
                                              Chloropicrin From the People’s
                                              Republic of China: Final Results of the                                                                             This notice also serves as the only
                                                                                                        Scope of the Order
                                              Expedited Sunset Review of the                                                                                   reminder to parties subject to
                                              Antidumping Duty Order                                       The merchandise subject to the                      administrative protective order
                                                                                                        antidumping duty order is chloropicrin,                (‘‘APO’’’) of their responsibility
                                              AGENCY:  Enforcement and Compliance,                      also known as trichloronitromethane. A                 concerning the return or destruction of
                                              International Trade Administration,                       major use of the product is as a pre-                  proprietary information disclosed under
                                              Department of Commerce.                                   plant soil fumigant (pesticide). Such                  APO in accordance with 19 CFR
                                              SUMMARY: On April 1, 2015, the                            merchandise is currently classifiable                  351.305. Timely notification of the
                                              Department of Commerce (‘‘the                             under Harmonized Tariff Schedule                       return or destruction of APO materials
                                              Department’’) initiated a sunset review                   (‘‘HTS’’) item number 2904.90.50.05.3                  or conversion to judicial protective
                                              of the antidumping duty order on                          The HTS item number is provided for                    order is hereby requested. Failure to
                                              chloropicrin from the People’s Republic                   convenience and customs purposes. The                  comply with the regulations and terms
                                              of China (‘‘PRC’’) 1 pursuant to section                  written description remains dispositive.               of an APO is a violation which is subject
                                              751(c) of the Tariff Act of 1930, as                      Analysis of Comments Received                          to sanction.
                                              amended (‘‘the Act’’). Based on the                                                                                 We are issuing and publishing these
                                              notice of intent to participate and                          All issues raised in this sunset review             results and notice in accordance with
                                              adequate response filed by the domestic                   are addressed in the ‘‘Issues and
                                                                                                                                                               sections 751(c), 752, and 777(i)(1) of the
                                              interested parties, and the lack of                       Decision Memorandum for the
                                                                                                                                                               Act and 19 CFR 351.218.
                                              response from any respondent                              Expedited Sunset Review of the
                                                                                                        Antidumping Duty Order on                                Dated: July 29, 2015.
                                              interested party, the Department
                                                                                                        Chloropicrin from the People’s Republic                Paul Piquado,
                                              conducted an expedited sunset review
                                              of the Order pursuant. As a result of this                of China’’ from Christian Marsh, Deputy                Assistant Secretary for Enforcement and
                                                                                                        Assistant Secretary for Antidumping                    Compliance.
                                              sunset review, the Department finds that
                                              revocation of the Order would likely                      and Countervailing Duty Operations, to                 [FR Doc. 2015–19480 Filed 8–6–15; 8:45 am]
                                              lead to continuation or recurrence of                     Paul Piquado, Assistant Secretary for                  BILLING CODE P

                                              dumping, at the levels indicated in the                   Enforcement and Compliance, dated
                                              ‘‘Final Results of Sunset Review’’’                       concurrently with, and hereby adopted
                                              section of this notice.                                   by, this notice (‘‘Decision                            DEPARTMENT OF COMMERCE
                                                                                                        Memorandum’’). The issues discussed
                                              DATES: Effective date: August 7, 2015.                                                                           International Trade Administration
                                                                                                        in the Decision Memorandum include
                                              FOR FURTHER INFORMATION CONTACT:                          the likelihood of continuation or
                                              Howard Smith, AD/CVD Operations,                                                                                 [A–475–818]
                                                                                                        recurrence of dumping and the
                                              Office IV, Enforcement and Compliance,                    magnitude of the margins likely to                     Certain Pasta From Italy: Preliminary
                                              International Trade Administration,                       prevail if the Order were to be revoked.               Results of Antidumping Duty
                                              U.S. Department of Commerce, 14th                         Parties may find a complete discussion                 Administrative Review; 2013–2014
                                              Street and Constitution Avenue NW.,                       of all issues raised in the review and the
                                              Washington, DC 20230; telephone: (202)                    corresponding recommendations in this                  AGENCY:  Enforcement and Compliance,
                                              482–5193.                                                 public memorandum which is on file                     International Trade Administration,
                                              SUPPLEMENTARY INFORMATION:                                electronically via Enforcement and                     Department of Commerce.
                                                                                                        Compliance’s Antidumping and                           SUMMARY: In response to requests from
                                              Background                                                                                                       interested parties, the Department of
                                                                                                        Countervailing Duty Centralized
                                                On April 1, 2015, the Department                        Electronic Services System (‘‘ACCESS’’).               Commerce (the Department) is
                                              initiated a sunset review of the order on                 ACCESS is available to registered users                conducting an administrative review of
                                              chloropicrin from the PRC pursuant to                     at http://access.trade.gov and is                      the antidumping duty order on certain
                                              section 751(c) of the Act.2 On April 15,                  available to all parties in the Central                pasta (pasta) from Italy,1 covering the
                                              2015, the Department received a timely                    Records Unit, Room B8024 of the main                   period July 1, 2013, through June 30,
                                              notice of intent to participate in the                    Department of Commerce building. In                    2014. The initiation of the instant
                                              sunset review from Ashta Chemicals,                       addition, a complete version of the                    review 2 covered six companies, and we
                                              Inc. (‘‘Ashta’’), Niklor Chemical                         Decision Memorandum is available                       have partially rescinded the review with
                                              Company, Inc. (‘‘Niklor’’), and Trinity                   directly on the Web at http://                         respect to two companies, as discussed
                                              Manufacturing, Inc. (‘‘Trinity’’),                        enforcement.trade.gov/frn/index.html.                  below.3 Thus, this review covers four
                                              domestic interested parties, pursuant to                  The signed Decision Memorandum and                     companies: The mandatory respondents,
                                              19 CFR 351.218(d)(1)(i). On May 1,                        the electronic versions of the Decision                La Molisana S.p.A. (La Molisana) and
                                              2015, Ashta, Niklor, and Trinity filed a                  Memorandum are identical in content.
                                              timely substantive response with the                                                                               1 See Notice of Antidumping Duty Order and

                                              Department pursuant to 19 CFR                             Final Results of Sunset Review                         Amended Final Determination of Sales at Less
                                                                                                          Pursuant to Section 752(c)(3) of the                 Than Fair Value: Certain Pasta from Italy, 61 FR
                                              351.218(d)(3)(i) . The Department did
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                               38547 (July 24, 1996).
                                              not receive a substantive response from                   Act, the Department determines that                      2 See Initiation of Antidumping and
                                                                                                        revocation of the Order would be likely                Countervailing Duty Administrative Reviews, 79 FR
                                                1 See Antidumping Duty Order; Chloropicrin from                                                                51548 (August 29, 2014) (Initiation Notice).
                                              the People’s Republic of China, 49 FR 10691 (March           3 In 2004, a new HTS category was developed and       3 See Certain Pasta from Italy: Notice of Partial
                                              22, 1984) (‘‘Order’’).                                    identified specifically for imports of chloropicrin,   Rescission of Antidumping Duty Administrative
                                                2 See Initiation of Five-year (‘‘Sunset’’) Review, 80   i.e., 2904.90.50.05. Previously, the HTS category      Review, 80 FR 4541 (January 28, 2015) (Partial
                                              FR 17388 (April 1, 2015).                                 that included chloropicrin was 2904.90.50.             Rescission).



                                         VerDate Sep<11>2014    18:24 Aug 06, 2015   Jkt 235001   PO 00000   Frm 00018   Fmt 4703   Sfmt 4703   E:\FR\FM\07AUN1.SGM    07AUN1


                                              47468                                      Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices

                                              Rummo S.p.A. Molino e Pastificio (the                                       HTSUS subheadings are provided for                                           Decision Memorandum dated
                                              Rummo Group),4 and Pastificio                                               convenience and customs purposes, the                                        concurrently with this notice and
                                              Andalini S.p.A. (Andalini) and Delverde                                     written description of the merchandise                                       hereby adopted by this notice. The
                                              Industrie Alimentari S.p.A. (Delverde),                                     subject to the order is dispositive.5                                        Preliminary Decision Memorandum is a
                                              which were not selected for individual                                                                                                                   public document and is on file
                                              examination. We preliminarily                                               Partial Rescission of the 2013–2014
                                                                                                                          Administrative Review                                                        electronically via Enforcement and
                                              determine that La Molisana and the                                                                                                                       Compliance’s Antidumping and
                                              Rummo Group made sales of subject                                             On October 10, 2014, and November                                          Countervailing Duty Centralized
                                              merchandise at less than normal value                                       25, 2014, respectively, Dalla Costa                                          Electronic Service System (ACCESS).
                                              during the period of review (POR).                                          Alimentare srl (Dalla Costa) and Pasta                                       ACCESS is available to registered users
                                              Interested parties are invited to                                           Lensi S.r.l. (Pasta Lensi) timely                                            at http://access.trade.gov and is
                                              comment on these preliminary results.                                       withdrew their requests for an                                               available to all parties in the Central
                                              DATES: Effective date: August 7, 2015.                                      administrative review.6 In accordance                                        Records Unit, room B8024 of the main
                                              FOR FURTHER INFORMATION CONTACT: Joy                                        with 19 CFR 351.213(d)(1),7 and                                              Department of Commerce building. In
                                              Zhang or George McMahon, AD/CVD                                             consistent with our practice,8 we                                            addition, a complete version of the
                                              Operations, Office III, Enforcement and                                     rescinded this review, in part, with
                                                                                                                                                                                                       Preliminary Decision Memorandum can
                                              Compliance, International Trade                                             respect to Dalla Costa and Pasta Lensi.9
                                                                                                                                                                                                       be accessed directly on the Internet at
                                              Administration, U.S. Department of                                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                                                                       http://enforcement.trade.gov/frn/
                                              Commerce, 14th Street and Constitution                                      Methodology                                                                  index.html. The signed Preliminary
                                              Avenue NW., Washington, DC 20230;                                                                                                                        Decision Memorandum and the
                                              telephone: (202) 482–1168 or (202) 482–                                       The Department conducted this
                                                                                                                          review in accordance with section                                            electronic version of the Preliminary
                                              1167, respectively.                                                                                                                                      Decision Memorandum are identical in
                                                                                                                          751(a)(2) of the Tariff Act of 1930, as
                                              Scope of the Order                                                          amended (the Act). Constructed export                                        content.
                                                Imports covered by the order are                                          price or export price is calculated in                                       Preliminary Results of the Review
                                              shipments of certain non-egg dry pasta.                                     accordance with section 772 of the Act.
                                              The merchandise subject to review is                                        Normal value is calculated in                                                  As a result of this review, we
                                              currently classifiable under items                                          accordance with section 773 of the Act.                                      preliminarily determine the following
                                              1901.90.90.95 and 1902.19.20 of the                                         For a full description of the                                                weighted-average dumping margins10
                                              Harmonized Tariff Schedule of the                                           methodology underlying our                                                   for the period July 1, 2013, through June
                                              United States (HTSUS). Although the                                         preliminary results, see Preliminary                                         30, 2014:

                                                                                                                                                                                                                                                     Weighted-
                                                                                                                                                                                                                                                  average dumping
                                                                                                                           Producer and/or exporter                                                                                                    margin
                                                                                                                                                                                                                                                      (percent)

                                              La Molisana S.p.A. (La Molisana) .................................................................................................................................................                            12.90
                                              Rummo S.p.A., Lenta Lavorazione, Pasta Castiglioni, and Rummo S.p.A. Molino e Pastificio (collectively, the Rummo
                                                Group) ........................................................................................................................................................................................              1.18
                                              Pastificio Andalini S.p.A. (Andalini) ...............................................................................................................................................                          8.91
                                              Delverde Industrie Alimentari S.p.A. (Delverde) ...........................................................................................................................                                    8.91



                                              Assessment Rate                                                             dumping margin for La Molisana or the                                        examined sales to the total entered
                                                                                                                          Rummo Group is not zero or de minimis                                        value of those same sales in accordance
                                                Upon issuance of the final results, the
                                                                                                                          (i.e., less than 0.5 percent), we will                                       with 19 CFR 351.212(b)(1). We will
                                              Department shall determine, and U.S.
                                                                                                                          calculate importer-specific ad valorem                                       instruct CBP to assess antidumping
                                              Customs and Border Protection (CBP)
                                                                                                                          antidumping duty assessment rates                                            duties on all appropriate entries covered
                                              shall assess, antidumping duties on all
                                              appropriate entries covered by this                                         based on the ratio of the total amount of                                    by this review when the importer-
                                              review. If the weighted-average                                             dumping calculated for the importer’s                                        specific assessment rate calculated in

                                                 4 The Rummo Group consists of Rummo S.p.A.,                              Compliance, dated concurrently with this notice                              Administrative Review, 73 FR 49170 (August 20,
                                              Lenta Lavorazione, Pasta Castiglioni, and Rummo                             (Preliminary Decision Memorandum).                                           2008); see also Certain Lined Paper Products from
                                              S.p.A. Molino e Pastificio. In this review, we found                           6 See Letter from Dalla Costa to the Department,                          India: Notice of Partial Rescission of Antidumping
                                              that the facts have not changed with respect to                             ‘‘Antidumping Duty Administrative Review of                                  Duty Administrative Review and Extension of Time
                                              Rummo and its affiliates and therefore, we followed                         Certain Pasta from Italy: Withdrawal of Review                               Limit for the Preliminary Results of Antidumping
                                              the same methodology as we did in the most recent                           Request for Administrative Review of Dalla Costa                             Duty Administrative Review, 74 FR 21781 (May 11,
                                              completed review (AR 17) by collapsing the                                  Alimentare SRL,’’ dated October 10, 2014; Letter                             2009).
                                              affiliated companies as the Rummo Group. See                                from Pasta Lensi to the Department, ‘‘Pasta from                                9 See Partial Rescission.
                                                                                                                          Italy: Withdrawal of Request for Administrative
                                              Certain Pasta From Italy: Notice of Final Results of                                                                                                        10 The rate applied to the non-selected companies
                                                                                                                          Review,’’ dated November 25, 2014.
                                              17th Antidumping Duty Administrative Review;                                   7 Under 19 CFR 351.213(d)(1), the Department                              is a weighted-average percentage margin calculated
                                              2012-2013, 80 FR 8604 (February 18, 2015) (AR 17                                                                                                         based on the publicly-ranged U.S. volumes of the
                                                                                                                          will rescind an administrative review ‘‘if a party
                                              Final Results).                                                             that requested the review withdraws the request                              two reviewed companies with an affirmative
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                                                 5 For a full description of the scope of the order,                                                                                                   dumping margin, for the period July 1, 2013,
                                                                                                                          within 90 days of the date of publication of notice
                                              see the ‘‘Decision Memorandum for the Preliminary                           of initiation of the requested review.’’ The instant                         through June 30, 2014. See Memorandum to the
                                              Results of Antidumping Duty Administrative                                  review was initiated on August 29, 2014. Therefore,                          File, titled, ‘‘Certain Pasta from Italy: Margin for
                                              Review and Partial Rescission: Certain Pasta from                           the deadline to withdraw review requests was                                 Respondents Not Selected for Individual
                                              Italy; 2013–2014’’ from Christian Marsh, Deputy                             November 27, 2014. Thus, the Dalla Costa and Pasta                           Examination,’’ from Joy Zhang and George
                                              Assistant Secretary for Antidumping and                                     Lensi withdrawal requests are timely.                                        McMahon, Case Analysts, through Eric B.
                                              Countervailing Duty Operations, to Paul Piquado,                               8 See, e.g., Brass Sheet and Strip from Germany:                          Greynolds, Program Manager, dated concurrently
                                              Assistant Secretary for Enforcement and                                     Notice of Rescission of Antidumping Duty                                     with this notice.



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                                                                             Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices                                                 47469

                                              the final results of this review is not                 determination.11 These cash deposit                   responsibility under 19 CFR
                                              zero or de minimis. Where either the                    requirements, when imposed, shall                     351.402(f)(2) to file a certificate
                                              respondent’s weighted-average dumping                   remain in effect until further notice.                regarding the reimbursement of
                                              margin is zero or de minimis, or an                                                                           antidumping duties prior to liquidation
                                                                                                      Disclosure and Public Comment
                                              importer-specific assessment rate is zero                                                                     of the relevant entries during this
                                              or de minimis, we will instruct CBP to                     The Department will disclose to                    review period. Failure to comply with
                                              liquidate the appropriate entries                       parties to this proceeding the                        this requirement could result in the
                                              without regard to antidumping duties.                   calculations performed in reaching the                Secretary’s presumption that
                                              The final results of this review shall be               preliminary results within five days of               reimbursement of antidumping duties
                                              the basis for the assessment of                         the date of publication of these                      occurred and increase the subsequent
                                              antidumping duties on entries of                        preliminary results.12 Pursuant to 19                 assessment of the antidumping duties
                                              merchandise covered by the final results                CFR 351.309(c), interested parties may                by the amount of antidumping duties
                                              of this review where applicable.                        submit cases briefs not later than 30                 reimbursed.
                                                                                                      days after the date of publication of this              These preliminary results of review
                                                 In accordance with the Department’s                  notice. Rebuttal briefs, limited to issues
                                              ‘‘automatic assessment’’ practice, for                                                                        are issued and published in accordance
                                                                                                      raised in the case briefs, may be filed               with sections 751(a)(1) and 777(i)(1) of
                                              entries of subject merchandise during                   not later than five days after the date for
                                              the POR produced by each respondent                                                                           the Act.
                                                                                                      filing case briefs.13 Parties who submit
                                              for which they did not know that their                  comments are requested to submit: (1) A                 Dated: July 31, 2015.
                                              merchandise was destined for the                        statement of the issue; (2) a brief                   Ronald K. Lorentzen,
                                              United States, we will instruct CBP to                  summary of the argument; and (3) a                    Acting Assistant Secretary for Enforcement
                                              liquidate unreviewed entries at the all-                table of authorities. All briefs must be              and Compliance.
                                              others rate if there is no rate for the                 filed electronically using ACCESS. An                 Appendix—List of Topics Discussed in
                                              intermediate company(ies) involved in                   electronically filed document must be                 the Preliminary Decision Memorandum
                                              the transaction. For a full discussion of               received successfully in its entirety by
                                              this clarification, see Antidumping and                 the Department’s electronic records                   1. Summary
                                              Countervailing Duty Proceedings:                        system, ACCESS.                                       2. Background
                                              Assessment of Antidumping Duties, 68                       Interested parties who wish to request             3. Scope of the Order
                                              FR 23954 (May 6, 2003).                                 a hearing must submit a written request               4. Discussion of Methodology
                                                                                                      to the Assistant Secretary for                           Date of Sale
                                                 We intend to issue instructions to
                                                                                                      Enforcement and Compliance, U.S.                         Comparisons to Normal Value
                                              CBP 15 days after publication of the
                                                                                                      Department of Commerce, using                            Product Comparisons
                                              final results of this review.
                                                                                                      Enforcement and Compliance’s ACCESS                      Determination of Comparison Method
                                              Cash Deposit Requirements                               system within 30 days of publication of                  Results of the Differential Pricing (DP)
                                                                                                      this notice.14 Requests should contain                     Analysis
                                                The following cash deposit                            the party’s name, address, and                           Export Price
                                              requirements will be effective upon                     telephone number, the number of                          Constructed Export Price
                                              publication of the notice of final results              participants, and a list of the issues to                Normal Value
                                              of administrative review for all                        be discussed. If a request for a hearing                 A. Home Market Viability
                                              shipments of subject merchandise                        is made, we will inform parties of the                   B. Level of Trade
                                              entered, or withdrawn from warehouse,                   scheduled date for the hearing which                     C. Cost of Production
                                              for consumption on or after the                         will be held at the U.S. Department of                   D. Calculation of Cost of Production
                                              publication of the final results of this                Commerce, 14th Street and Constitution                   E. Test of Home Market Prices
                                              administrative review, as provided by                   Avenue NW., Washington, DC 20230, at                     F. Results of the COP Test
                                              section 751(a)(2) of the Act: (1) The cash              a time and location to be determined.15                  Margins for Companies Not Selected
                                              deposit rate for respondents noted above                Parties should confirm by telephone the                    for Individual Examination
                                              will be the rate established in the final               date, time, and location of the hearing.                 Currency Conversion
                                              results of this administrative review; (2)                 Unless the deadline is extended                    5. Recommendation
                                              for merchandise exported by                             pursuant to section 751(a)(2)(B)(iv) of               [FR Doc. 2015–19481 Filed 8–6–15; 8:45 am]
                                              manufacturers or exporters not covered                  the Act, the Department will issue the                BILLING CODE 3510–DS–P
                                              in this administrative review but                       final results of this administrative
                                              covered in a prior segment of the                       review, including the results of our
                                              proceeding, the cash deposit rate will                  analysis of the issues raised by the                  DEPARTMENT OF COMMERCE
                                              continue to be the company-specific rate                parties in their case briefs, within 120
                                              published for the most recently                         days after issuance of these preliminary              International Trade Administration
                                              completed segment of this proceeding;                   results.
                                              (3) if the exporter is not a firm covered                                                                     [A–570–827]
                                              in this review, a prior review, or the                  Notification to Importers
                                                                                                                                                            Cased Pencils From the People’s
                                              original investigation, but the                           This notice serves as a preliminary
                                                                                                                                                            Republic of China: Initiation of
                                              manufacturer is, the cash deposit rate                  reminder to importers of their
                                                                                                                                                            Antidumping Duty New Shipper
                                              will be the rate established for the most                                                                     Review
                                                                                                        11 See Implementation of the Findings of the WTO
                                              recently completed segment of this
                                                                                                      Panel in US—Zeroing (EC): Notice of
                                              proceeding for the manufacturer of the                                                                        AGENCY:  Enforcement and Compliance,
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                                                                                                      Determinations Under Section 129 of the Uruguay
                                              subject merchandise; and (4) the cash                   Round Agreements Act and Revocations and Partial      International Trade Administration,
                                              deposit rate for all other manufacturers                Revocations of Certain Antidumping Duty Orders,       Department of Commerce.
                                              or exporters will continue to be 15.45                  72 FR 25261 (May 4, 2007).
                                                                                                        12 See 19 CFR 351.224(b).                           SUMMARY: On May 29, 2015, the
                                              percent, the all-others rate established                  13 See 19 CFR 351.309(d).                           Department of Commerce (the
                                              in the antidumping investigation as                       14 See 19 CFR 351.310(c).                           Department) received a timely request
                                              modified by the section 129                               15 See 19 CFR 351.310.                              for a new shipper review (NSR) from


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Document Created: 2015-12-15 10:57:04
Document Modified: 2015-12-15 10:57:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactJoy Zhang or George McMahon, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1168 or (202) 482-1167, respectively.
FR Citation80 FR 47467 

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