81 FR 12690 - Certain Pasta From Italy: Amended Final Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 47 (March 10, 2016)
International Trade Administration
Federal Register Volume 81, Issue 47 (March 10, 2016)
| Page Range | 12690-12691 | |
| FR Document | 2016-05407 |
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)] [Notices] [Pages 12690-12691] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05407] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-475-818] Certain Pasta From Italy: Amended Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is amending the Final Results \1\ of the antidumping duty administrative review of certain pasta (pasta) from Italy to correct a ministerial error. The period of review (POR) is July 1, 2013, through June 30, 2014. --------------------------------------------------------------------------- \1\ See Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2013-2014, 81 FR 8043 (February 17, 2016) (Final Results). --------------------------------------------------------------------------- DATES: Effective March 10, 2016. FOR FURTHER INFORMATION CONTACT: Joy Zhang, 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. SUPPLEMENTARY INFORMATION: Background On February 10, 2016, the Department disclosed to interested parties its calculations for the Final Results.\2\ On February 17, 2016, the Department received a timely filed ministerial error allegation from La Molisana, S.p.A. (La Molisana) regarding the Department's final margin calculation.\3\ --------------------------------------------------------------------------- \2\ See Memorandum to Eric Greynolds, Program Manager, AD/CVD Operations, Office III from Joy Zhang, Case Analyst, ``2013-2014 Antidumping Duty Administrative Review of Certain Pasta from Italy-- Final Results, Sales Analysis Memorandum for La Molisana,'' dated February 10, 2016 (Final Results Calculations). \3\ See Letter from La Molisana, ``Certain Pasta From Italy: A- 475-818; Request for Correction of Clerical Error Pursuant to 17 CFR Section 351.224(f),'' dated February 16, 2016. --------------------------------------------------------------------------- Period of Review The POR covered by this review is July 1, 2013, through June 30, 2014. 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.\4\ --------------------------------------------------------------------------- \4\ For a full description of the scope of the order, see the ``Issues and Decision Memorandum for the Final 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 February 9, 2016 (Issues and Decision Memorandum) and incorporated herein by reference. --------------------------------------------------------------------------- Ministerial Errors Section 751(b) of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 351.224(f) defines a ministerial error as an error ``in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which {the Department{time} considers ministerial.'' We analyzed La Molisana's ministerial error comments and determined, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), that there was a ministerial error in our margin calculation for La Molisana for the Final Results. For a complete discussion of the alleged error, see the Department's Ministerial Error Memorandum.\5\ --------------------------------------------------------------------------- \5\ See ``Amended Final Results of the 2013-2014 Administrative Review of the Antidumping Duty Order on Certain Pasta from Italy: Allegation of Ministerial Error,'' dated concurrently with this notice (``Ministerial Error Memorandum''). --------------------------------------------------------------------------- In accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results. Specifically, we are amending the weighted-average dumping margin for La Molisana as well as for the companies that were not selected for individual examination, who were assigned the rate determined for La Molisana.\6\ The revised weighted- average dumping margins for the affected companies are detailed below. --------------------------------------------------------------------------- \6\ See Final Results, 80 FR at 61362. --------------------------------------------------------------------------- Amended Final Results As a result of correcting for the ministerial error, we determined the following amended weighted-average dumping margins \7\ for the period July 1, 2013, through June 30, 2014: --------------------------------------------------------------------------- \7\ The margin for the non-examined companies was based on the calculated weighted-average margin of La Molisana (the sole mandatory respondent receiving an above de minimis margin in these final results). [[Page 12691]] ------------------------------------------------------------------------ Weighted-average Producer and/or exporter dumping margin (percent) ------------------------------------------------------------------------ La Molisana S.p.A................................... 6.43 Rummo S.p.A., Lenta Lavorazione, Pasta Castiglioni, 0.00 and Rummo S.p.A. Molino e Pastificio (collectively, the Rummo Group)................................... Pastificio Andalini S.p.A........................... 6.43 Delverde Industrie Alimentari S.p.A................. 6.43 ------------------------------------------------------------------------ Duty Assessment/Case Deposits The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these amended final results to liquidate shipments of subject merchandise produced and/or exported by respondents listed above entered, or withdrawn form warehouse, for consumption on or after July 1, 2013, through June 30, 2014. Pursuant to section 751(a)(2)(C) of the Act, the Department also intends to instruct CBP to collect cash deposits of estimated dumping duties, in the amounts shown above for each of the respective companies shown above, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after February 17, 2016, the date of publication of the Final Results. 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. 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. Disclosure We will disclose the calculations performed for these amended final results to interested parties within five business days of the date of the publication of this notice in accordance with 19 CFR 351.224(b). We are issuing and publishing this notice in accordance with sections 751(h) and 777(i)(1) of the Act and 19 CFR 351.224(e). Dated: March 4, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016-05407 Filed 3-9-16; 8:45 am] BILLING CODE 3510-DS-P
![12690 Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices
at that exporter’s rate) at the PRC-wide 4. Discussion of the Methodology Scope of the Order
rate.22 a. Non-Market Economy Status
b. Companies that Did Not Establish Their Imports covered by the order are
Cash Deposit Requirements Eligibility for a Separate Rate shipments of certain non-egg dry pasta.
c. Preliminary Determination of No The merchandise subject to review is
The following cash deposit
Shipments currently classifiable under items
requirements will be effective upon
5. Recommendation 1901.90.90.95 and 1902.19.20 of the
publication of the final results of this
Harmonized Tariff Schedule of the
review for shipments of the subject [FR Doc. 2016–05404 Filed 3–9–16; 8:45 am]
United States (HTSUS). Although the
merchandise from the PRC entered, or BILLING CODE 3510–DS–P
HTSUS subheadings are provided for
withdrawn from warehouse, for
convenience and customs purposes, the
consumption on or after the publication
DEPARTMENT OF COMMERCE written description of the merchandise
date, as provided by sections
subject to the order is dispositive.4
751(a)(2)(C) of the Act: (1) For any
companies listed that have a separate International Trade Administration Ministerial Errors
rate, the cash deposit rate will be that Section 751(b) of the Tariff Act of
established in the final results of this [A–475–818] 1930, as amended (‘‘the Act’’), and 19
review (except, if the rate is zero or de CFR 351.224(f) defines a ministerial
minimis, then zero cash deposit will be Certain Pasta From Italy: Amended
error as an error ‘‘in addition,
required); (2) for previously investigated Final Results of Antidumping Duty
subtraction, or other arithmetic
or reviewed PRC and non-PRC exporters Administrative Review; 2013–2014
function, clerical errors resulting from
not listed that received a separate rate inaccurate copying, duplication, or the
AGENCY: Enforcement and Compliance,
in a prior segment of this proceeding, like, and any other type of unintentional
International Trade Administration,
the cash deposit rate will continue to be error which {the Department} considers
Department of Commerce.
the existing exporter-specific rate; (3) for ministerial.’’ We analyzed La Molisana’s
SUMMARY: The Department of Commerce
all PRC exporters of subject ministerial error comments and
(the Department) is amending the Final
merchandise that have not been found determined, in accordance with section
Results 1 of the antidumping duty
to be entitled to a separate rate, the cash 751(h) of the Act and 19 CFR 351.224(e),
administrative review of certain pasta
deposit rate will be that for the PRC- that there was a ministerial error in our
(pasta) from Italy to correct a ministerial
wide entity; and (4) for all non-PRC margin calculation for La Molisana for
error. The period of review (POR) is July
exporters of subject merchandise which the Final Results. For a complete
1, 2013, through June 30, 2014.
have not received their own rate, the discussion of the alleged error, see the
cash deposit rate will be the rate DATES: Effective March 10, 2016.
Department’s Ministerial Error
applicable to the PRC exporter that FOR FURTHER INFORMATION CONTACT: Joy Memorandum.5
supplied that non-PRC exporter. These Zhang, AD/CVD Operations, Office III, In accordance with section 751(h) of
deposit requirements, when imposed, Enforcement and Compliance, the Act and 19 CFR 351.224(e), we are
shall remain in effect until further International Trade Administration, amending the Final Results.
notice. U.S. Department of Commerce, 14th Specifically, we are amending the
Street and Constitution Avenue NW., weighted-average dumping margin for
Notification to Importers
Washington, DC 20230; telephone: (202) La Molisana as well as for the
This notice also serves as a 482–1168. companies that were not selected for
preliminary reminder to importers of SUPPLEMENTARY INFORMATION: individual examination, who were
their responsibility under 19 CFR assigned the rate determined for La
351.402(f)(2) to file a certificate Background
Molisana.6 The revised weighted-
regarding the reimbursement of On February 10, 2016, the Department average dumping margins for the
antidumping duties prior to liquidation disclosed to interested parties its affected companies are detailed below.
of the relevant entries during the POR. calculations for the Final Results.2 On
Failure to comply with this requirement Amended Final Results
February 17, 2016, the Department
could result in the Department’s received a timely filed ministerial error As a result of correcting for the
presumption that reimbursement of allegation from La Molisana, S.p.A. (La ministerial error, we determined the
antidumping duties occurred and the Molisana) regarding the Department’s following amended weighted-average
subsequent assessment of double final margin calculation.3 dumping margins 7 for the period July 1,
antidumping duties. 2013, through June 30, 2014:
These preliminary results are being Period of Review
issued and published in accordance The POR covered by this review is 4 For a full description of the scope of the order,
with sections 751(a)(1) and 777(i)(1) of July 1, 2013, through June 30, 2014. see the ‘‘Issues and Decision Memorandum for the
the Act and 19 CFR 351.221(b)(4). Final Results of Antidumping Duty Administrative
Review and Partial Rescission: Certain Pasta from
Dated: March 2, 2016. 1 See Certain Pasta From Italy: Final Results of Italy; 2013–2014’’ from Christian Marsh, Deputy
Paul Piquado, Antidumping Duty Administrative Review; 2013– Assistant Secretary for Antidumping and
2014, 81 FR 8043 (February 17, 2016) (Final Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Assistant Secretary for Enforcement and
Results).
Compliance. 2 See Memorandum to Eric Greynolds, Program Compliance, dated February 9, 2016 (Issues and
Manager, AD/CVD Operations, Office III from Joy Decision Memorandum) and incorporated herein by
mstockstill on DSK4VPTVN1PROD with NOTICES
Appendix I reference.
Zhang, Case Analyst, ‘‘2013–2014 Antidumping
5 See ‘‘Amended Final Results of the 2013–2014
List of Topics Discussed in the Preliminary Duty Administrative Review of Certain Pasta from
Decision Memorandum: Italy—Final Results, Sales Analysis Memorandum Administrative Review of the Antidumping Duty
for La Molisana,’’ dated February 10, 2016 (Final Order on Certain Pasta from Italy: Allegation of
1. Summary Ministerial Error,’’ dated concurrently with this
Results Calculations).
2. Case History 3 See Letter from La Molisana, ‘‘Certain Pasta notice (‘‘Ministerial Error Memorandum’’).
3. Scope of the Order From Italy: A–475–818; Request for Correction of 6 See Final Results, 80 FR at 61362.
Clerical Error Pursuant to 17 CFR Section 7 The margin for the non-examined companies
22 Id. 351.224(f),’’ dated February 16, 2016. was based on the calculated weighted-average
VerDate Sep<11>2014 19:07 Mar 09, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\10MRN1.SGM 10MRN1](https://thefederalregister.org/doc/81_FR_12737/page/1.svg)
![Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices 12691
Weighted-average Disclosure the United States Court of Appeals for
Producer and/or
exporter dumping margin We will disclose the calculations the Federal Circuit (CAFC) in Timken
(percent) Co. v. United States, 893 F.2d 337 (Fed.
performed for these amended final
Cir. 1990) (Timken), as clarified by
La Molisana S.p.A ........ 6.43 results to interested parties within five Diamond Sawblades Mfrs. Coalition v.
Rummo S.p.A., Lenta business days of the date of the
publication of this notice in accordance United States, 626 F.3d 1374 (Fed. Cir.
Lavorazione, Pasta
Castiglioni, and with 19 CFR 351.224(b). 2010) (Diamond Sawblades), the
Rummo S.p.A. Molino We are issuing and publishing this Department is notifying the public that
e Pastificio (collec- notice in accordance with sections the Court’s final judgment in this case
tively, the Rummo 751(h) and 777(i)(1) of the Act and 19 is not in harmony with the Final
Group) ....................... 0.00 CFR 351.224(e). Determination, and that the Department
Pastificio Andalini S.p.A. 6.43 is amending the Final Determination
Delverde Industrie Dated: March 4, 2016. with respect to Borusan Mannesmann
Alimentari S.p.A ........ 6.43 Paul Piquado, Boru Sanayi ve Ticaret A.S. (Borusan),
Assistant Secretary for Enforcement and Toscelik Profil ve Sac Endustrisi A.S.
Duty Assessment/Case Deposits Compliance. (Toscelik), and the ‘‘all others’’ rate.
[FR Doc. 2016–05407 Filed 3–9–16; 8:45 am] DATES: Effective Date: March 3, 2016.
The Department intends to issue BILLING CODE 3510–DS–P FOR FURTHER INFORMATION CONTACT:
assessment instructions to CBP 15 days Peter Zukowski or Nicholas Czajkowski,
after the date of publication of these AD/CVD Operations, Office I,
amended final results to liquidate DEPARTMENT OF COMMERCE Enforcement and Compliance,
shipments of subject merchandise International Trade Administration,
produced and/or exported by International Trade Administration
U.S. Department of Commerce, 1401
respondents listed above entered, or [C–489–817] Constitution Avenue NW., Washington,
withdrawn form warehouse, for DC, 20230; telephone (202) 482–0189 or
consumption on or after July 1, 2013, Oil Country Tubular Goods From (202) 482–1395, respectively.
through June 30, 2014. Turkey: Notice of Court Decision Not in SUPPLEMENTARY INFORMATION:
Harmony With the Final Determination
Pursuant to section 751(a)(2)(C) of the Background
of the Countervailing Duty
Act, the Department also intends to
Investigation In Borusan, the CIT remanded for
instruct CBP to collect cash deposits of
further consideration the Department’s
estimated dumping duties, in the AGENCY: Enforcement and Compliance,
finding of distortion in the Turkish hot-
amounts shown above for each of the International Trade Administration,
rolled steel (HRS) market, the
respective companies shown above, on Department of Commerce.
Department’s selection of a HRS
shipments of subject merchandise SUMMARY: On February 22, 2016, the benchmark, and the Department’s
entered, or withdrawn from warehouse, United States Court of International application of facts available with
for consumption on or after February 17, Trade (CIT) sustained 1 the Department adverse inferences with respect to
2016, the date of publication of the of Commerce’s (the Department) final purchases of HRS by the respondent
Final Results. For all non-reviewed results of a redetermination 2 issued Borusan. In Maverick, the CIT remanded
firms, we will instruct CBP to continue pursuant to the CIT’s remand orders in issues pertaining to the Department’s
to collect cash deposits at the most- Borusan Mannesmann Boru Sanayi Ve HRS benchmark calculations as well
recent company-specific or all-others Ticaret A.S. and Borusan Istikbal and, in addition, the Department’s
rate applicable to the company, as Ticaret v. United States, 61 F. Supp. 3d benchmark valuation for a parcel of land
appropriate. These cash deposit 1306 (CIT April 22, 2015) (Borusan) and that the Government of Turkey (GOT)
requirements, when imposed, shall Maverick Tube Corporation v. United granted to the respondent Toscelik in
remain in effect until further notice. States, Consol. Court No. 14–00229, Slip 2008 for less than adequate
Op. 15–59 (CIT June 15, 2015) remuneration (LTAR).
Administrative Protective Order (Maverick) 3, with respect to the On August 31, 2015, the Department
Department’s Final Determination of the issued its Remand Redetermination. In
This notice also serves as a reminder
countervailing duty (CVD) investigation its Remand Redetermination, the
to parties subject to administrative
of oil country tubular goods from Department, under protest, conducted a
protective orders (‘‘APO’’) of their
Turkey.4 Consistent with the decision of new HRS market analysis consistent
responsibility concerning the return or
with the Court’s remand order,
destruction of proprietary information 1 See Maverick Tube Corporation v. United States,
determined that under that specific
disclosed under APO in accordance CIT Consol. Court No. 14–00229, Slip Op. 16–16
(February 22, 2016). analysis the HRS market was not
with 19 CFR 351.305(a)(3), which
2 See Final Results of Remand Redetermination, distorted in Turkey, and pursuant to
continues to govern business
Court No. 14–00229, dated August 31, 2015, section 19 CFR 351.511(a)(2)(ii),
proprietary information in this segment available at: http://ia.ita.doc.gov/remands/ determined to use transaction prices in
of the proceeding. Timely written (Remand Redetermination).
Turkey as a benchmark to calculate the
notification of the return/destruction of 3 On June 22, 2015, the CIT granted a motion to
benefit from the provision of HRS to
APO materials, or conversion to judicial consolidate Court No. 14–00214 into Consolidated
Court No. 14–00229. Borusan and Toscelik during the period
mstockstill on DSK4VPTVN1PROD with NOTICES
protective order, is hereby requested. 4 See Certain Oil Country Tubular Goods From of investigation.5 In addition, the
Failure to comply with the regulations the Republic of Turkey: Final Affirmative Department revised the benchmark
and the terms of an APO is a Countervailing Duty Determination and Final
valuation to calculate the benefit
sanctionable violation. Affirmative Critical Circumstances Determination,
79 FR 41964 (July 18, 2014) (Final Determination).
The Department issued a countervailing duty order and Amended Affirmative Final Countervailing
margin of La Molisana (the sole mandatory in this proceeding on September 10, 2014. See Duty Determination for India, 79 FR 53688
respondent receiving an above de minimis margin Certain Oil Country Tubular Goods From India and (September 10, 2014) (Order).
in these final results). the Republic of Turkey: Countervailing Duty Orders 5 Remand Redetermination at 18.
VerDate Sep<11>2014 17:55 Mar 09, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\10MRN1.SGM 10MRN1](https://thefederalregister.org/doc/81_FR_12737/page/2.svg)
Document Created: 2018-02-02 15:12:17
Document Modified: 2018-02-02 15:12:17
| 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 March 10, 2016. | |
| Contact | Joy Zhang, 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. | |
| FR Citation | 81 FR 12690 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR