80 FR 8604 - Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2012-2013

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 32 (February 18, 2015)

Page Range		8604-8606
FR Document		2015-03334

On August 25, 2014, the Department of Commerce (the Department) published the Preliminary Results of the antidumping duty administrative review of certain pasta from Italy and provided interested parties an opportunity to comment.\1\ The review initially covered two mandatory respondents, Molino e Pastificio Tomasello S.p.A. (Tomasello), and Rummo,\2\ and eight non-selected companies.\3\ We rescinded the review with respect to Alica and Lensi in the Preliminary Results.\4\ The period of review (POR) is July 1, 2012, through June 30, 2013. As a result of our analysis of the comments and information received, these final results differ from the Preliminary Results. For the final weighted-average dumping margin, see the ``Final Results of Review'' section below. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 32 (Wednesday, February 18, 2015)

[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8604-8606]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-03334]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]

Certain Pasta From Italy: Final Results of Antidumping Duty
Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 25, 2014, the Department of Commerce (the
Department) published the Preliminary Results of the antidumping duty
administrative review of certain pasta from Italy and provided
interested parties an opportunity to comment.\1\ The review initially
covered two mandatory respondents, Molino e Pastificio Tomasello S.p.A.
(Tomasello), and Rummo,\2\ and eight non-selected companies.\3\ We
rescinded the review with respect to Alica and Lensi in the Preliminary
Results.\4\ The period of review (POR) is July 1, 2012, through June
30, 2013. As a result of our analysis of the comments and information
received, these final results differ from the Preliminary Results. For
the final weighted-average dumping margin, see the ``Final Results of
Review'' section below.
---------------------------------------------------------------------------

\1\ See Certain Pasta From Italy: Preliminary Results of
Antidumping Duty Administrative Review and Partial Rescission; 2012-
2013, 79 FR 50614 (August 25, 2014) (Preliminary Results).
\2\ The ``Rummo Group'' consists of Rummo S.p.A., a producer and
seller of subject merchandise, Lenta Lavorazione, a seller of
subject merchandise, Pasta Castiglioni, a producer and seller of
subject merchandise, and the ultimate holding company (with no
operations), Rummo S.p.A. Molino e Pastificio (collectively,
``Rummo'').
\3\ The non-selected companies are: Alica srl (Alica); Dalla
Costa Alimentare srl; Delverde Industrie Alimentari S.p.A.; Ghigi
Industria Agroalimentare in San Clemente srl; Pasta Lensi S.r.l
(Lensi); Pasta Zara S.p.A.; Pastificio Toscano srl; Valdigrano di
Flavio Pagani S.r.L. We rescinded, in part, this administrative
review with respect to Alica and Lensi.
\4\ See Preliminary Results.

---------------------------------------------------------------------------
DATES: Effective Date: February 18, 2015.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Tomasello) or Cindy
Robinson (Rummo), 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) 482-3692 or (202) 482-3797, respectively.

SUPPLEMENTARY INFORMATION:

Background

On August 25, 2014, the Department published the Preliminary
Results. In accordance with 19 CFR 351.309(c)(1)(ii), we invited
parties to comment on our Preliminary Results.\5\ On September 24,
2014, Rummo and Tomasello submitted case briefs. On September 24, 2014,
Rummo also requested a hearing. On October 3, 2014, Petitioners \6\
filed a rebuttal brief with respect to Rummo. On November 13, 2014, the
Department held a public hearing.\7\ On December 19, 2014, the
Department issued a memorandum extending the time period for issuing
the final results of this administrative review from December 23, 2013
to February 21, 2014.\8\
---------------------------------------------------------------------------

\5\ The Department issued the briefing schedule in a Memorandum
to the File, dated January 7, 2014. This briefing schedule indicated
that the case and rebuttal briefs were due by close of business
January 15, 2014 and January 22, 2014, respectively.
\6\ The Petitioners are New World Pasta Company and Dakota
Growers Pasta Company.
\7\ See the hearing transcript dated November 13, 2014, which 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 in the Central Records Unit (CRU), room 7046 of
the main Department of Commerce building.
\8\ Because February 21, 2015, is a Saturday, the deadline for
the final results will be Monday, February 23, 2015.
---------------------------------------------------------------------------

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.\9\
---------------------------------------------------------------------------

\9\ For a full description of the scope of the order, see the
``Issues and Decision Memorandum for the Final Results of the 17th
Antidumping Duty Administrative Review: Certain Pasta from Italy;
2012-2013'' 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 (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum.\10\ A list of the issues that parties raised and to which
we responded is attached to this notice as an Appendix. The Issues and
Decision Memorandum is a public document and is on-file electronically
via ACCESS. ACCESS is available to registered users at http://access.trade.gov and in the CRU. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the Internet
at http://enforcement.ita.doc.gov/frn/index.html. The signed Issues and
Decision Memorandum and the electronic versions of the Issues and
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

\10\ Id.
---------------------------------------------------------------------------

Changes Since the Preliminary Results

Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we recalculated
Rummo's and Tomasello's weighted-average dumping margins for these
final results.

[[Page 8605]]

For Rummo, we revised our margin program by utilizing the non-
consolidated customer code for one of Rummo's consolidated
customers.\11\ As a result of this change, we applied the average-to-
average (A-to-A) comparison to calculate Rummo's weighted-average
dumping margin. In addition, we made a correction to our margin program
for Rummo's U.S. direct selling expenses which were inadvertently
double counted in the Preliminary Results.\12\
---------------------------------------------------------------------------

\11\ See Issues and Decision Memorandum at comment 4; see also
Memorandum to the File, Through Eric B. Greynolds, Program Manager,
Office III, from Cindy Robinson, Case Analyst, Office III, titled
``Certain Pasta from Italy: Calculation Memorandum--the Rummo
Group,'' dated December 23, 2014 (Rummo Calc. Memo), for details.
\12\ See Issues and Decision Memorandum at comment 5 and Rummo
Calc. Memo for details.
---------------------------------------------------------------------------

We made a change to our margin program for Tomasello with respect
to certain billing adjustments. As a result of this revision, we
applied the average-to-transaction (A-to-T) method for the U.S. sales
passing the Cohen's d test and the A-to-A method for the U.S. sales not
passing the Cohen's d test to calculate the weighted-average dumping
margin for Tomasello.\13\
---------------------------------------------------------------------------

\13\ See Sales Analysis Memorandum for the Final Results for
Molino e Pastificio Tomasello S.p.A. (Tomasello).
---------------------------------------------------------------------------

As a result of the aforementioned recalculations of Tomasello's and
Rummo's rates, the weighted-average dumping margin for the six non-
selected companies changed.

Final Results of the Review

As a result of this review, the Department determines the following
weighted-average dumping margins \14\ for the period July 1, 2012,
through June 30, 2013, are as follows:
---------------------------------------------------------------------------

\14\ 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, 2012, through
June 30, 2013. See Memorandum to the File, titled, ``Certain Pasta
from Italy: Margin for Respondents Not Selected for Individual
Examination,'' from Stephanie Moore, Case Analyst, through Eric B.
Greynolds, Program Manager, dated concurrently with this notice.

------------------------------------------------------------------------
Weighted-
average
Producer and/or Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Rummo S.p.A. Molino e Pastificio, Rummo S.p.A., Lenta 4.26
Lavorazione, and Pasta Castiglioni (collectively the Rummo
Group)....................................................
Molino e Pastificio Tomasello S.p.A........................ 1.71
Dalla Costa Alimentare srl................................. 2.36
Delverde Industrie Alimentari S.p.A........................ 2.36
Ghigi Industria Agroalimentare in San Clemente srl......... 2.36
Valdigrano di Flavio Pagani S.r.L.......................... 2.36
Pasta Zara S.p.A........................................... 2.36
Pastificio Toscano srl;.................................... 2.36
------------------------------------------------------------------------

Duty Assessment

The Department shall determine and the CBP shall assess antidumping
duties on all appropriate entries.\15\ For any individually examined
respondents whose weighted-average dumping margin is above de minimis,
we calculated importer-specific ad valorem 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). Upon issuance of the
final results of this administrative review, if any importer-specific
assessment rates calculated in the final results are above de minimis
(i.e., at or above 0.5 percent), the Department will issue appraisement
instructions directly to CBP to assess antidumping duties on
appropriate entries.
---------------------------------------------------------------------------

\15\ In these final results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

To determine whether the duty assessment rates covering the period
were de minimis, in accordance with the requirement set forth in 19 CFR
351.106(c)(2), for each respondent we calculated importer (or
customer)-specific ad valorem rates by aggregating the amount of
dumping calculated for all U.S. sales to that importer or customer and
dividing this amount by the total entered value of the sales to that
importer (or customer). Where an importer (or customer)-specific ad
valorem rate is greater than de minimis, and the respondent has
reported reliable entered values, we apply the assessment rate to the
entered value of the importer's/customer's entries during the review
period. Where an importer (or customer)-specific ad valorem rate is
greater than de minimis and we do not have reliable entered values, we
calculate a per-unit assessment rate by aggregating the amount of
dumping for all U.S. sales to each importer (or customer) and dividing
this amount by the total quantity sold to that importer (or customer).
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\16\ This clarification will apply to entries of subject
merchandise during the POR produced by the respondent for which it did
not know its merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction. For a full discussion of this
clarification, see the Automatic Assessment Clarification.
---------------------------------------------------------------------------

\16\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68FR 23954 (May 6, 2003)
(Automatic Assessment Clarification).
---------------------------------------------------------------------------

We intend to issue assessment instructions directly 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. These cash deposit requirements, when
imposed, shall remain in effect until further notice.

Notification to Importers Regarding the Reimbursement of Duties

This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)

[[Page 8606]]

to file a certificate regarding the reimbursement of antidumping and/or
countervailing duties prior to liquidation of the relevant entries
during the POR. Failure to comply with this requirement could result in
the Department's presumption that reimbursement of antidumping and/or
countervailing duties occurred and the subsequent assessment of doubled
antidumping duties.

Administrative Protective Order

This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

Dated: February 10, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Issues and Decision Memorandum

I. Summary
II. Background
III. Scope
IV. List of Comments
Comment 1: Consideration of an Alternative Comparison Method in
Administrative Reviews
Comment 2: The Utilization of the Cohen's d Test in Differential
Pricing Analysis
Comment 3: Application of the Average-to-Transaction Method to
Non-dumped U.S. Sales
Comment 4: Definition of ``Purchaser'' in the Differential
Pricing Analysis
Comment 5: Correction for Rummo's U.S. Direct Selling Expenses
Comment 6: The Commission Offset for Rummo's Constructed Export
Price (CEP) Sales
Comment 7: Treatment of Tomasello's Billing Adjustments
V. Analysis
VI. Recommendation

[FR Doc. 2015-03334 Filed 2-17-15; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8605

For Rummo, we revised our margin Weighted- the total quantity sold to that importer
program by utilizing the non- average (or customer).
consolidated customer code for one of Producer and/or Exporter dumping The Department clarified its
margin ‘‘automatic assessment’’ regulation on
Rummo’s consolidated customers.11 As (percent)
a result of this change, we applied the May 6, 2003.16 This clarification will
average-to-average (A-to-A) comparison Delverde Industrie Alimentari apply to entries of subject merchandise
to calculate Rummo’s weighted-average S.p.A ..................................... 2.36 during the POR produced by the
dumping margin. In addition, we made Ghigi Industria Agroalimentare respondent for which it did not know its
a correction to our margin program for in San Clemente srl .............. 2.36 merchandise was destined for the
Rummo’s U.S. direct selling expenses Valdigrano di Flavio Pagani United States. In such instances, we will
S.r.L ....................................... 2.36 instruct CBP to liquidate unreviewed
which were inadvertently double
Pasta Zara S.p.A ...................... 2.36 entries at the all-others rate if there is no
counted in the Preliminary Results.12 Pastificio Toscano srl; .............. 2.36
We made a change to our margin rate for the intermediate company(ies)
program for Tomasello with respect to involved in the transaction. For a full
Duty Assessment discussion of this clarification, see the
certain billing adjustments. As a result
of this revision, we applied the average- The Department shall determine and Automatic Assessment Clarification.
to-transaction (A-to-T) method for the the CBP shall assess antidumping duties We intend to issue assessment
U.S. sales passing the Cohen’s d test and on all appropriate entries.15 For any instructions directly to CBP 15 days
the A-to-A method for the U.S. sales not individually examined respondents after publication of the final results of
whose weighted-average dumping this review.
passing the Cohen’s d test to calculate
margin is above de minimis, we
the weighted-average dumping margin Cash Deposit Requirements
calculated importer-specific ad valorem
for Tomasello.13 The following cash deposit
duty assessment rates based on the ratio
As a result of the aforementioned of the total amount of dumping requirements will be effective upon
recalculations of Tomasello’s and calculated for the importer’s examined publication of the notice of final results
Rummo’s rates, the weighted-average sales to the total entered value of those of administrative review for all
dumping margin for the six non-selected same sales in accordance with 19 CFR shipments of subject merchandise
companies changed. 351.212(b)(1). Upon issuance of the final entered, or withdrawn from warehouse,
Final Results of the Review results of this administrative review, if for consumption on or after the
any importer-specific assessment rates publication of the final results of this
As a result of this review, the calculated in the final results are above administrative review, as provided by
Department determines the following de minimis (i.e., at or above 0.5 percent), section 751(a)(2) of the Act: (1) The cash
weighted-average dumping margins 14 the Department will issue appraisement deposit rate for respondents noted above
for the period July 1, 2012, through June instructions directly to CBP to assess will be the rate established in the final
30, 2013, are as follows: antidumping duties on appropriate results of this administrative review; (2)
entries. for merchandise exported by
Weighted- To determine whether the duty manufacturers or exporters not covered
average in this administrative review but
Producer and/or Exporter dumping assessment rates covering the period
margin were de minimis, in accordance with covered in a prior segment of the
(percent) the requirement set forth in 19 CFR proceeding, the cash deposit rate will
351.106(c)(2), for each respondent we continue to be the company specific rate
Rummo S.p.A. Molino e calculated importer (or customer)- published for the most recently
Pastificio, Rummo S.p.A., completed segment of this proceeding;
specific ad valorem rates by aggregating
Lenta Lavorazione, and (3) if the exporter is not a firm covered
Pasta Castiglioni (collectively the amount of dumping calculated for
the Rummo Group) ............... 4.26 all U.S. sales to that importer or
in this review, a prior review, or the
Molino e Pastificio Tomasello customer and dividing this amount by original investigation, but the
S.p.A. .................................... 1.71 the total entered value of the sales to manufacturer is, the cash deposit rate
Dalla Costa Alimentare srl ........ 2.36 that importer (or customer). Where an will be the rate established for the most
importer (or customer)-specific ad recently completed segment of this
11 See Issues and Decision Memorandum at valorem rate is greater than de minimis, proceeding for the manufacturer of the
comment 4; see also Memorandum to the File, and the respondent has reported reliable subject merchandise; and (4) the cash
Through Eric B. Greynolds, Program Manager, entered values, we apply the assessment deposit rate for all other manufacturers
Office III, from Cindy Robinson, Case Analyst, or exporters will continue to be 15.45
Office III, titled ‘‘Certain Pasta from Italy: rate to the entered value of the
Calculation Memorandum—the Rummo Group,’’ importer’s/customer’s entries during the percent, the all-others rate established
dated December 23, 2014 (Rummo Calc. Memo), for review period. Where an importer (or in the antidumping investigation as
details. customer)-specific ad valorem rate is modified by the section 129
12 See Issues and Decision Memorandum at
greater than de minimis and we do not determination. These cash deposit
comment 5 and Rummo Calc. Memo for details. requirements, when imposed, shall
13 See Sales Analysis Memorandum for the Final have reliable entered values, we
Results for Molino e Pastificio Tomasello S.p.A. calculate a per-unit assessment rate by remain in effect until further notice.
(Tomasello). aggregating the amount of dumping for Notification to Importers Regarding the
14 The rate applied to the non-selected companies
all U.S. sales to each importer (or Reimbursement of Duties
emcdonald on DSK67QTVN1PROD with NOTICES

is a weighted-average percentage margin calculated
customer) and dividing this amount by
based on the publicly-ranged U.S. volumes of the This notice also serves as a final
two reviewed companies with an affirmative reminder to importers of their
dumping margin, for the period July 1, 2012, 15 In these final results, the Department applied

through June 30, 2013. See Memorandum to the the assessment rate calculation method adopted in responsibility under 19 CFR 351.402(f)
File, titled, ‘‘Certain Pasta from Italy: Margin for Antidumping Proceedings: Calculation of the
Respondents Not Selected for Individual Weighted-Average Dumping Margin and 16 See Antidumping and Countervailing Duty

Examination,’’ from Stephanie Moore, Case Analyst, Assessment Rate in Certain Antidumping Proceedings: Assessment of Antidumping Duties,
through Eric B. Greynolds, Program Manager, dated Proceedings: Final Modification, 77 FR 8101 68FR 23954 (May 6, 2003) (Automatic Assessment
concurrently with this notice. (February 14, 2012). Clarification).

VerDate Sep<11>2014 19:32 Feb 17, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1

8606 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices

to file a certificate regarding the DEPARTMENT OF COMMERCE the Department’s final results.3 Mueller
reimbursement of antidumping and/or timely appealed to the United States
countervailing duties prior to International Trade Administration Court of Appeals for the Federal Circuit
liquidation of the relevant entries (CAFC or Court).4 The CAFC remanded
during the POR. Failure to comply with [A–201–805] for the Department to reconsider the
this requirement could result in the margin calculated for Mueller.5
Department’s presumption that Certain Circular Welded Non-Alloy The United States and Mueller have
reimbursement of antidumping and/or Steel Pipe from Mexico: Notice of now entered into an agreement to settle
countervailing duties occurred and the Amended Final Results of this dispute. The Court issued its
subsequent assessment of doubled Antidumping Duty Administrative amended Order of Judgment by
Review Pursuant to Settlement Stipulation on February 6, 2015.6
antidumping duties.
Pursuant to the Court’s amended Order
Administrative Protective Order AGENCY: Enforcement and Compliance, of Judgment by Stipulation, the
International Trade Administration, amended final weighted-average
This notice also serves as a reminder Department of Commerce. dumping margin for Mueller Comercial
to parties subject to administrative de Mexico, S. de R.L. de C.V. is 13.70
DATES: Effective: February 18, 2015.
protective orders (APO) of their percent, as agreed to by the parties.
responsibility concerning the return or FOR FURTHER INFORMATION CONTACT:
Mark Flessner or Robert James, AD/CVD Assessment Rates
destruction of proprietary information
disclosed under APO in accordance Operations, Office VI, Enforcement and The Department shall determine, and
with 19 CFR 351.305(a)(3), which Compliance, International Trade CBP shall assess, antidumping duties on
continues to govern business Administration, U.S. Department of all appropriate entries covered by this
proprietary information in this segment Commerce, 14th Street and Constitution review pursuant to section 751(a)(2)(C)
of the proceeding. Timely written Avenue NW., Washington, DC 20230; of the Act and 19 CFR 351.212(b). The
notification of the return/destruction of telephone: (202) 482–6312 and (202) Department intends to issue assessment
482–0649, respectively. instructions to CBP within 15 days after
APO materials, or conversion to judicial
SUPPLEMENTARY INFORMATION: the date of publication of these
protective order, is hereby requested.
amended final results of review in the
Failure to comply with the regulations Background Federal Register.
and the terms of an APO is a Because Mueller’s weighted-average
sanctionable violation. On April 9, 2010, the Department of
dumping margin is not zero or de
Commerce (the Department) published
We are issuing and publishing this minimis (i.e., less than 0.5 percent), the
the final results of its administrative
notice in accordance with sections Department has calculated importer-
review of the antidumping duty order
751(a)(1) and 777(i)(1) of the Act and 19 specific antidumping duty assessment
on certain circular welded non-alloy
CFR 351.213(h). rates. We calculated importer-specific
steel pipe from Mexico. The period of
ad valorem antidumping duty
Dated: February 10, 2015. review (POR) is November 1, 2008,
assessment rates by aggregating the total
Paul Piquado, through October 31, 2009.1 amount of dumping calculated for the
Assistant Secretary for Enforcement and In the Final Results, the Department examined sales of each importer and
Compliance. assigned to Mueller Comercial de dividing each of these amounts by the
Mexico, S. de R.L. de C.V. (Mueller), an total entered value associated with those
Appendix exporter of certain circular welded non- sales. We will instruct CBP to assess
List of Topics Discussed in the Final Issues alloy steel pipe from Mexico to the antidumping duties on all appropriate
and Decision Memorandum United States, a rate of 19.81 percent for entries covered by this review where an
I. Summary the 2008–09 period of review. The importer-specific assessment rate is not
II. Background Department had conducted zero or de minimis. Pursuant to 19 CFR
III. Scope administrative reviews of Mueller, 351.106(c)(2), we will instruct CBP to
IV. List of Comments Tuberia Nacional, S.A. de C.V. (TUNA), liquidate without regard to antidumping
Comment 1: Consideration of an and Ternium, S.A.de C.V. (Ternium). duties any entries for which the
Alternative Comparison Method in The Department based Mueller’s importer-specific assessment rate is zero
Administrative Reviews margin, in part, on facts available or de minimis.
Comment 2: The Utilization of the Cohen’s because an unaffiliated supplier refused
to supply the Department with its costs Cash Deposit Requirements
d Test in Differential Pricing Analysis
Comment 3: Application of the Average-to- of production, necessary to conduct the The cash deposit rate for Mueller will
Transaction Method to Non-dumped sales-below-cost test on Mueller’s home be that stipulated in the settlement
U.S. Sales market sales. agreement, 13.70 percent.
Comment 4: Definition of ‘‘Purchaser’’ in Following the publication of the Final Notification to Importers
the Differential Pricing Analysis Results, Mueller filed a lawsuit with the
Comment 5: Correction for Rummo’s U.S. United States Court of International This notice also serves as a final
Direct Selling Expenses Trade (CIT) challenging the reminder to importers of their
Comment 6: The Commission Offset for Department’s final results of 3 See Mueller Comercial de Mexico, S. de R.L. de
emcdonald on DSK67QTVN1PROD with NOTICES

Rummo’s Constructed Export Price (CEP) administrative review.2 The CIT upheld C.V. v. United States, Court No. 11–00319, Slip Op.
Sales 13–57 (May 2, 2013).
Comment 7: Treatment of Tomasello’s 1 See Certain Circular Welded Non-Alloy Steel 4 See Mueller Comercial de Mexico, S. de R.L. de

Billing Adjustments Pipe From Mexico: Final Results of Antidumping C.V. v. United States, 753 F.3rd 1227 (Fed. Circ.,
V. Analysis Duty Administrative Review, 76 FR 36086 (June 21, 2014).
VI. Recommendation 2011) (Final Results). 5 Id., at 1235–36.
2 See Mueller Comercial de Mexico, S. de R.L. de 6 See Mueller Comercial de Mexico, S. de R.L. de
[FR Doc. 2015–03334 Filed 2–17–15; 8:45 am]
C.V. v. United States, Court No. 11–00319, Slip Op. C.V. v. United States, Court No. 11–00319, Slip Op.
BILLING CODE 3510–DS–P 12–156 (December 21, 2012). 15–9 (February 6, 2015).

VerDate Sep<11>2014 19:32 Feb 17, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1

Document Created: 2018-02-16 11:10:49
Document Modified: 2018-02-16 11:10:49

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
Dates		Effective Date: February 18, 2015.
Contact		Stephanie Moore (Tomasello) or Cindy Robinson (Rummo), 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) 482-3692 or (202) 482-3797, respectively.
FR Citation		80 FR 8604

80 FR 8604 - Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2012-2013

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 80, Issue 32 (February 18, 2015)

DEPARTMENT OF COMMERCE
International Trade Administration