80 FR 47900 - Certain Pasta From Italy: Preliminary Results of Countervailing Duty Administrative Review, Rescission in Part, and Preliminary Intent To Rescind in Part; 2013
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 153 (August 10, 2015)
International Trade Administration
Federal Register Volume 80, Issue 153 (August 10, 2015)
| Page Range | 47900-47902 | |
| FR Document | 2015-19613 |
[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)] [Notices] [Pages 47900-47902] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-19613] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-475-819] Certain Pasta From Italy: Preliminary Results of Countervailing Duty Administrative Review, Rescission in Part, and Preliminary Intent To Rescind in Part; 2013 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty (CVD) order on certain pasta (pasta) from Italy. The period of review (POR) is January 1, 2013, through December 31, 2013. We preliminarily find that DeMatteis Agroalimentare S.p.A. (DeMatteis) (also known as, DeMatteis Agroalimentare SpA) and La Molisana S.p.A. received countervailable subsidies during the POR. We are rescinding the review with respect to Industria Alimentare Filiberto Bianconi 1947 S.p.A. (Bianconi) and Delverde Industrie Alimentari S.p.A. (Delverde), as both companies timely withdrew their requests for review. For reasons discussed below, the Department preliminarily intends to rescind the review, in part, with respect to La Molisana Industrie Alimentari S.p.A. (LMIA). Interested parties are invited to comment on these preliminary results. DATES: Effective date: August 10, 2015. FOR FURTHER INFORMATION CONTACT: Jennifer Meek or Joseph Shuler, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 2778 and (202) 482-1293, respectively. Scope of the Order The scope of the order consists of certain pasta from Italy. The merchandise subject to the order 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. A full description of the scope of the order is contained in the ``Decision Memorandum for Preliminary Results of Countervailing Duty Administrative Review: Certain Pasta from Italy,'' from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, dated July 31, 2015 (Preliminary Decision Memorandum), 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 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://trade.gov/enforcement/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. A list of topics discussed in the Preliminary Decision Memorandum is provided in the Appendix to this notice. Methodology The Department is conducting this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each program found countervailable, we preliminarily determine that there is a countervailable subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.\1\ --------------------------------------------------------------------------- \1\ 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. --------------------------------------------------------------------------- In making the preliminary findings, we relied, in part, on an adverse inference in selecting from among the facts available in accordance with [[Page 47901]] sections 776(a) and (b) of the Act because we find that the Government of Italy did not act to the best of its ability to respond to the Department's requests for information.\2\ For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \2\ For further information, see ``Use of Facts Otherwise Available and Adverse Inferences'' in the Preliminary Decision Memorandum. --------------------------------------------------------------------------- Partial Rescission As discussed in the Preliminary Decision Memorandum, the companies Bianconi, and Delverde timely withdrew their requests for administrative review of themselves. No other parties requested reviews of these companies. The Department, pursuant to 19 CFR 351.213(d)(1), is therefore rescinding this administrative review with respect to Bianconi and Delverde. Preliminary Intent To Rescind We initiated a review for LMIA. However, as explained in the Preliminary Decision Memorandum, the record demonstrates that LMIA ceased operations prior to the POR. Moreover, La Molisana reported that all entries under either company name (La Molisana or LMIA) were of subject merchandise produced and exported by La Molisana. Accordingly, because we find that LMIA was not operational during the POR, and made no entries of subject merchandise during the POR, we preliminarily intend to rescind the review with respect to LMIA. Preliminary Results of the Review In accordance with section 751(a)(1)(A) of the Act and 19 CFR 351.221(b)(4)(i), we calculated individual subsidy rates for De Matteis and La Molisana for the period January 1, 2013, through December 31, 2013. We preliminarily find that the net subsidy rates for DeMatteis and La Molisana are as follows: ------------------------------------------------------------------------ Subsidy rate Company (percent) ------------------------------------------------------------------------ DeMatteis Agroalimentare S.p.A.......................... 2.12 La Molisana, SpA........................................ 0.32 ------------------------------------------------------------------------ Disclosure and Public Comment The Department intends to disclose calculations performed for these preliminary results to the parties within five days of the date of publication of this notice.\3\ Interested parties may submit case briefs no later than 30 days after the day on which these preliminary results are published in the Federal Register.\4\ Rebuttal briefs, which must be limited to issues raised in case briefs, may be submitted by no later than five days after the deadline for case briefs.\5\ Parties who submit case briefs or rebuttal briefs in this proceeding should submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\6\ The summary of the argument should be limited to five pages total, including footnotes. --------------------------------------------------------------------------- \3\ See 19 CFR 351.224(b). \4\ See 19 CFR 351.309(c)(1)(ii). \5\ See 19 CFR 351.309(d). \6\ See 19 CFR 351.309(c)(2) and (d)(2). --------------------------------------------------------------------------- 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 within 30 days after the date of publication of this notice.\7\ Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. Issues raised in the hearing will be limited to those raised in the briefs.\8\ If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, on a date and at a time and location to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. --------------------------------------------------------------------------- \7\ See 19 CFR 351.310(c). \8\ Id. --------------------------------------------------------------------------- All submissions, with limited exceptions, must be filed electronically using ACCESS.\9\ An electronically filed documents must be received successfully in their entirety by the Department's electronic records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due date. Documents excepted from the electronic submission requirements must be filed manually (i.e. in paper form) with the APO/ Dockets Unit in Room 18022 and stamped with the date and time of receipt by 5 p.m. ET on the due date.\10\ --------------------------------------------------------------------------- \9\ See generally 19 CFR 351.303. \10\ See Antidumping and Countervailing Duty proceedings: Electronic Filing Procedures; Administrative Protective Order Procedure, 76 FR 39263 (July 6, 2011). --------------------------------------------------------------------------- Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, the Department intends to issue the final results of this administrative review, including our analysis of and responses to issues raised by the parties in their comments, within 120 days after publishing these preliminary results. Assessment Rates In accordance with 19 CFR 351.221(b)(4)(i), we assigned a subsidy rate for the producer/exporter subject to this administrative review. Upon issuance of the final results, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. We intend to issue instructions to CBP 15 days after publication of the final results of this review. For the rescinded companies, countervailing duties shall be assessed at rates 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, 2013, through December 31, 2013, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. Cash Deposit Requirements Also in accordance with section 751(a)(2)(C) of the Act, the Department intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amount shown above for De Matteis and La Molisana, on shipments of 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, we will instruct CBP to continue to collect cash deposits at the most-recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice. These preliminary results 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: July 31, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum A. Summary B. Background C. Scope of the Order D. Partial Rescission of the Administrative Review E. Use of Facts Otherwise Available and Adverse Inferences F. Loan Benchmarks and Discount Rates G. Subsidy Valuation Information H. Analysis of Programs [[Page 47902]] I. Recommendation [FR Doc. 2015-19613 Filed 8-7-15; 8:45 am] BILLING CODE 3510-DS-P
![47900 Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Notices
Instrument: Cryo Positioning Stage High programmed oven which allows telephone: (202) 482–2778 and (202)
Resonance. Manufacturer: Janssen temperatures of up to 500 Celsius. The 482–1293, respectively.
Precision Engineering, the Netherlands. differential mass spectrometer serves to
Scope of the Order
Intended Use: See notice at 80 FR continuously control gas phase
31890, June 4, 2015. Comments: None compositions and is equipped with a The scope of the order consists of
received. Decision: Approved. We know high-speed turbo molecular pump and certain pasta from Italy. The
of no instruments of equivalent rotary forevacuum pump. Sampling merchandise subject to the order is
scientific value to the foreign occurs with calibrated capillary at currently classifiable under items
instruments described below, for such pressures controlled by ion gauges. The 1901.90.90.95 and 1902.19.20 of the
purposes as this is intended to be used, Quantachrome system allows specific Harmonized Tariff Schedule of the
that was being manufactured in the surface areas to be determined using United States (HTSUS). Although the
United States at the time of order. non-selective probe molecule HTSUS subheadings are provided for
Reasons: The instrument will be used to adsorption at cryogenic temperatures. convenience and customs purposes, the
construct a variable temperature (4–300 written description of the merchandise
Dated: August 4, 2015. subject to the order is dispositive. A full
Kelvin) scanning probe microscope with Supriya Kumar,
sub-nanometer stability, optical access description of the scope of the order is
Acting Director, Subsidies Enforcement contained in the ‘‘Decision
and microwave integration to measure Office, Enforcement and Compliance.
nitrogen vacancy probes. There is no Memorandum for Preliminary Results of
[FR Doc. 2015–19598 Filed 8–7–15; 8:45 am] Countervailing Duty Administrative
domestic instrument that combines six
degrees of freedom of linear motion in BILLING CODE 3510–DS–P Review: Certain Pasta from Italy,’’ from
a tool that operates at cryogenic Christian Marsh, Deputy Assistant
temperatures (<4 Kelvin) and has a Secretary for Antidumping and
DEPARTMENT OF COMMERCE Countervailing Duty Operations, to
resonant frequency larger than 1 kHz.
Ronald K. Lorentzen, Acting Assistant
Docket Number: 15–013. Applicant: International Trade Administration Secretary for Enforcement and
Washington State University, Pullman, Compliance, dated July 31, 2015
[C–475–819]
WA 99164–1020. Instrument: CTK (Preliminary Decision Memorandum),
Reactor, High Pressure Reactor, Diff Certain Pasta From Italy: Preliminary and hereby adopted by this notice.
pump mass spectrometer. Manufacturer: Results of Countervailing Duty The Preliminary Decision
OmniVac, Germany. Intended Use: See Administrative Review, Rescission in Memorandum is a public document and
notice at 80 FR 31890–91, June 4, 2015. Part, and Preliminary Intent To Rescind is on file electronically via Enforcement
Comments: None received. Decision: in Part; 2013 and Compliance’s Antidumping and
Approved. We know of no instruments Countervailing Duty Centralized
of equivalent scientific value to the AGENCY: Enforcement and Compliance, Electronic Service System (ACCESS).
foreign instruments described below, for International Trade Administration, ACCESS is available to registered users
such purposes as this is intended to be Department of Commerce. at http://access.trade.gov and available
used, that was being manufactured in SUMMARY: The Department of Commerce
to all parties in the Central Records
the United States at the time of order. (the Department) is conducting an
Unit, room B8024 of the main
Reasons: The instrument will be used to administrative review of the Department of Commerce building. In
take measurements during an ongoing countervailing duty (CVD) order on addition, a complete version of the
catalytic reaction, i.e. under ‘operando’ certain pasta (pasta) from Italy. The Preliminary Decision Memorandum can
reaction conditions so as to clarify period of review (POR) is January 1, be accessed directly on the Internet at
mechanistic details during studies up to 2013, through December 31, 2013. We http://trade.gov/enforcement/. The
100 bar so as to ensure optimal preliminarily find that DeMatteis signed and electronic versions of the
conditions for the production of fuels Agroalimentare S.p.A. (DeMatteis) (also Preliminary Decision Memorandum are
and other chemical feedstock such as known as, DeMatteis Agroalimentare identical in content. A list of topics
detergents or lubricants. Such dynamic SpA) and La Molisana S.p.A. received discussed in the Preliminary Decision
reaction studies will help elucidate the countervailable subsidies during the Memorandum is provided in the
mechanisms of catalytic reactions such POR. We are rescinding the review with Appendix to this notice.
as the formation of transportation fuels respect to Industria Alimentare Filiberto
from ‘synthesis gas’ (Fischer Tropsch Bianconi 1947 S.p.A. (Bianconi) and Methodology
synthesis). While CTK informs about the Delverde Industrie Alimentari S.p.A. The Department is conducting this
early run-in period in a time-resolved (Delverde), as both companies timely review in accordance with section
manner, the high pressure reactor withdrew their requests for review. For 751(a)(1)(A) of the Tariff Act of 1930, as
allows the study of steady-state reaction reasons discussed below, the amended (the Act). For each program
behavior at a bench scale for many Department preliminarily intends to found countervailable, we preliminarily
hours. The Quantachrome system rescind the review, in part, with respect determine that there is a countervailable
allows measurements of the specific to La Molisana Industrie Alimentari subsidy, i.e., a government-provided
surfaces areas of materials, which is S.p.A. (LMIA). Interested parties are financial contribution that gives rise to
required for the optimization of invited to comment on these a benefit to the recipient, and that the
catalysts. The CTK reactor comprises a preliminary results. subsidy is specific.1
gas cleaning and dosing system, along DATES: Effective date: August 10, 2015. In making the preliminary findings,
we relied, in part, on an adverse
tkelley on DSK3SPTVN1PROD with NOTICES
with gas inlets using mass flow FOR FURTHER INFORMATION CONTACT:
controllers. The central part of the Jennifer Meek or Joseph Shuler, AD/ inference in selecting from among the
reactor is made of quartz, and CVD Operations, Office I, Enforcement facts available in accordance with
temperatures can be varied at choice. and Compliance, International Trade 1 See sections 771(5)(B)and (D) of the Act
The high pressure reactor comprises gas Administration, U.S. Department of regarding financial contribution; section 771(5)(E)
cleaning and inlet pressure up to 100 Commerce, 14th Street and Constitution of the Act regarding benefit; and section 771(5A) of
bar, surrounded by a temperature Avenue NW., Washington, DC 20230; the Act regarding specificity.
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![47902 Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Notices
I. Recommendation affirmative determination that markings, as well as all tires that
[FR Doc. 2015–19613 Filed 8–7–15; 8:45 am] countervailable subsidies are being include any other prefix or suffix in
BILLING CODE 3510–DS–P provided to producers and exporters of their sidewall markings, are included in
passenger tires from the PRC.3 On the scope, regardless of their intended
August 3, 2015, pursuant to sections use, as long as the tire is of a size that
DEPARTMENT OF COMMERCE 735(d) and 705(d) of the Tariff Act of is among the numerical size
1930, as amended (the Act), the ITC designations listed in the passenger car
International Trade Administration notified the Department of its section or light truck section of the Tire
[A–570–016, C–570–017] affirmative final determination that an and Rim Association Year Book, as
industry in the United States is updated annually, unless the tire falls
Certain Passenger Vehicle and Light materially injured within the meaning within one of the specific exclusions set
Truck Tires From the People’s of sections 735(b)(1)(A)(i) and out below.
Republic of China: Amended Final 705(b)(1)(A)(i) of the Act by reason of Passenger vehicle and light truck
Affirmative Antidumping Duty LTFV imports and subsidized imports of tires, whether or not attached to wheels
Determination and Antidumping Duty subject merchandise from the PRC, and or rims, are included in the scope.
Order; and Amended Final Affirmative its determination that critical However, if a subject tire is imported
Countervailing Duty Determination and circumstances do not exist with respect attached to a wheel or rim, only the tire
Countervailing Duty Order to imports of subject merchandise from is covered by the scope.
the PRC that are subject to the Specifically excluded from the scope
AGENCY: Enforcement and Compliance, Department’s affirmative critical are the following types of tires:
International Trade Administration, circumstances finding.4 (1) Racing car tires; such tires do not
Department of Commerce. bear the symbol ‘‘DOT’’ on the sidewall
SUMMARY: Based on affirmative final Scope of the Orders
and may be marked with ‘‘ZR’’ in size
determinations by the Department of The scope of these orders is passenger
designation;
Commerce (the Department) and the vehicle and light truck tires. Passenger
(2) new pneumatic tires, of rubber, of
International Trade Commission (the vehicle and light truck tires are new
a size that is not listed in the passenger
ITC), the Department is issuing pneumatic tires, of rubber, with a
car section or light truck section of the
antidumping duty (AD) and passenger vehicle or light truck size
Tire and Rim Association Year Book;
countervailing duty (CVD) orders on designation. Tires covered by these
orders may be tube-type, tubeless, (3) pneumatic tires, of rubber, that are
certain passenger vehicle and light truck
radial, or non-radial, and they may be not new, including recycled and
tires (passenger tires) from the People’s
intended for sale to original equipment retreaded tires;
Republic of China (the PRC). Also, as
manufacturers or the replacement (4) non-pneumatic tires, such as solid
explained in this notice, the Department
market. rubber tires;
is amending its final affirmative CVD
Subject tires have, at the time of (5) tires designed and marketed
determination to correct the rate
importation, the symbol ‘‘DOT’’ on the exclusively as temporary use spare tires
assigned to Shandong Yongsheng
sidewall, certifying that the tire for passenger vehicles which, in
Rubber Group Co., Ltd. (Yongsheng). In
conforms to applicable motor vehicle addition, exhibit each of the following
addition, the Department is amending
safety standards. Subject tires may also physical characteristics:
the final affirmative AD determination
have the following prefixes or suffix in (a) The size designation and load
to correct the rate assigned to the GITI
their tire size designation, which also index combination molded on the tire’s
companies 1 and to the separate rate
appears on the sidewall of the tire: sidewall are listed in Table PCT–1B
companies.
Prefix designations: (‘‘T’’ Type Spare Tires for Temporary
DATES: Effective date: August 10, 2015.
P—Identifies a tire intended primarily Use on Passenger Vehicles) of the Tire
FOR FURTHER INFORMATION CONTACT: and Rim Association Year Book,
for service on passenger cars.
Emily Halle at (202) 482–0176 (CVD); or LT—Identifies a tire intended (b) the designation ‘‘T’’ is molded into
Toni Page at (202) 482–1398 (AD), AD/ primarily for service on light trucks. the tire’s sidewall as part of the size
CVD Operations, Enforcement and Suffix letter designations: designation, and,
Compliance, International Trade LT—Identifies light truck tires for (c) the tire’s speed rating is molded on
Administration, U.S. Department of service on trucks, buses, trailers, and the sidewall, indicating the rated speed
Commerce, 14th Street and Constitution multipurpose passenger vehicles used in MPH or a letter rating as listed by
Avenue NW., Washington, DC 20230. in nominal highway service. Tire and Rim Association Year Book,
SUPPLEMENTARY INFORMATION: All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and the rated speed is 81 MPH or a ‘‘M’’
Background and all tires with an ‘‘LT’’ suffix in their rating;
sidewall markings are covered by this (6) tires designed and marketed
On June 18, 2015, with respect to investigation regardless of their exclusively for specialty tire (ST) use
passenger tires from the PRC,2 the intended use. which, in addition, exhibit each of the
Department published its final In addition, all tires that lack a ‘‘P’’ or following conditions:
affirmative determination of sales at less ‘‘LT’’ prefix or suffix in their sidewall (a) The size designation molded on
than fair value (LTFV) and its final the tire’s sidewall is listed in the ST
3 See Countervailing Duty Investigation of Certain
sections of the Tire and Rim Association
1 GitiTire Global Trading Pte. Ltd., GITI Radial Passenger Vehicle and Light Truck Tires from the Year Book,
Tire (Anhui) Company Ltd., GITI Tire (Fujian) People’s Republic of China: Final Affirmative
tkelley on DSK3SPTVN1PROD with NOTICES
Company Ltd., GITI Tire (Hualin) Company Ltd., Determination, and Final Affirmative Critical (b) the designation ‘‘ST’’ is molded
and GITI Tire (USA) Ltd. Circumstances Determination, in Part, 80 FR 34888 into the tire’s sidewall as part of the size
2 See Antidumping Duty Investigation of Certain (June 18, 2015) (CVD Final Determination). designation,
Passenger Vehicle and Light Truck Tires From the 4 See ITC Notification Letter to the Deputy
(c) the tire incorporates a warning,
People’s Republic of China: Final Determination of Assistant Secretary for Enforcement and
Sales at Less Than Fair Value and Final Affirmative Compliance referencing ITC Investigation Nos. 701–
prominently molded on the sidewall,
Determination of Critical Circumstances, In Part, 80 TA–522 and 731–TA–1258 (August 3, 2015) (ITC that the tire is ‘‘For Trailer Service
FR 34893 (June 18, 2015) (AD Final Determination). Notification). Only’’ or ‘‘For Trailer Use Only’’,
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Document Created: 2015-12-15 12:11:53
Document Modified: 2015-12-15 12:11:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Jennifer Meek or Joseph Shuler, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 2778 and (202) 482-1293, respectively. | |
| FR Citation | 80 FR 47900 |
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