81_FR_53560 81 FR 53404 - Certain Pasta From Italy: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015

81 FR 53404 - Certain Pasta From Italy: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 156 (August 12, 2016)

Page Range53404-53406
FR Document2016-19129

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, covering the period July 1, 2014, through June 30, 2015. The initiation of the instant review covered 31 companies, and we have partially rescinded the review with respect to nine companies, as discussed below. Thus, this review covers two mandatory respondents, Industria Alimentare Colavita S.p.A. (Indalco) and Liguori Pastificio Dal 1820 (Liguori), and 19 non-selected companies. We preliminarily determine that Indalco and Liguori 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 81 Issue 156 (Friday, August 12, 2016)
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53404-53406]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19129]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Preliminary Results of Antidumping Duty 
Administrative Review; 2014-2015

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, covering the period July 1, 2014, through June 30, 2015. The 
initiation of the instant review covered 31 companies, and we have 
partially rescinded the review with respect to nine companies, as 
discussed below. Thus, this review covers two mandatory respondents, 
Industria Alimentare Colavita S.p.A. (Indalco) and Liguori Pastificio 
Dal 1820 (Liguori), and 19 non-selected companies. We preliminarily 
determine that Indalco and Liguori 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.

DATES: Effective August 12, 2016.

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.

Background

    On September 2, 2015, the Department published a notice of 
initiation of an administrative review of the antidumping order on 
pasta from Italy.\1\ On December 24, 2015, the Department rescinded the 
instant review, in part, with respect to La Molisana SpA., Pasta Lensi 
S.r.L., Pastificio Andalini S.p.A., Azienda Agricola Casina Rossa di De 
Laurentiis Nicola, Pastificio Bolognese of Angelo R. Dicuonzo, I Sapori 
dell'Arca S.r.l., La Romagna S.r.l., Ser.com.snc, and Vero Lucano 
S.r.l.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 53106 (September 2, 2015) (Initiation 
Notice).
    \2\ See Certain Pasta From Italy: Notice of Partial Rescission 
of Antidumping Duty Administrative Review, 80 FR 80320 (December 24, 
2015).
---------------------------------------------------------------------------

    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement and Compliance, the Department exercised its discretion 
to toll all administrative deadlines due to a closure of the Federal 
Government. As a result, the revised deadline for the preliminary 
results of this review was April 7, 2016.\3\ On March 17, 2016, the 
Department extended the deadline for the preliminary results to August 
5, 2016.
---------------------------------------------------------------------------

    \3\ See Memorandum to the Record from Ron Lorentzen, Acting 
Assistant Secretary for Enforcement & Compliance, regarding 
``Tolling of Administrative Deadlines As a Result of the Government 
Closure During Snowstorm `Jonas,' '' dated January 27, 2016. If the 
new deadline falls on a non-business day, in accordance with the 
Department's practice, the deadline will become the next business 
day.
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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\
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    \4\ For a full description of the scope of the order, see the 
``Decision Memorandum for the Preliminary Results of Antidumping 
Duty Administrative Review: Certain Pasta From Italy; 2014-2015,'' 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Ronald Lorentzen, Acting 
Assistant Secretary for Enforcement and Compliance, dated 
concurrently with this notice (Preliminary Decision Memorandum).

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[[Page 53405]]

Methodology

    The Department is conducting 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, the Department calculated a weighted-
average dumping margin of 2.14 percent for Indalco and 5.74 percent for 
Liguori for the period July 1, 2014, through June 30, 2015. Therefore, 
in accordance with section 735(c)(5)(A) of the Act, the Department 
assigned the weighted-average of these two calculated weighted-average 
dumping margins, 3.19 percent, to the 19 non-selected companies in 
these preliminary results, as referenced below.\5\
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    \5\ 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, 2014, through 
June 30, 2015. See Memorandum to the File titled, ``Certain Pasta 
From Italy: Margin for Respondents Not Selected for Individual 
Examination,'' dated concurrently with this notice.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                   Producer and/or exporter                     dumping
                                                                 margin
                                                               (percent)
------------------------------------------------------------------------
Industria Alimentare Colavita S.p.A. (Indalco)...............       2.14
Liguori Pastificio Dal 1820 (Liguori) \6\....................       5.74
Agritalia S.r.L. (Agritalia).................................       3.19
Atar S.r.L. (Atar)...........................................       3.19
Corticella Molini e Pastifici S.p.A. (Corticella)............       3.19
Delverde Industrie Alimentari S.p.A. (Delverde)..............       3.19
Domenico Paone fu Erasmo S.p.A. (Domenico)...................       3.19
F. Divella S.p.A. (F. Divella)...............................       3.19
La Fabbrica della Pasta di Gragnano S.a.s. di Antonio Moccia        3.19
 (La Fabbrica)...............................................
Molino e Pastificio Tomasello S.r.L. (Tomasello).............       3.19
P.A.P SNC DI Pazienza G.B. & C. (P.A.P)......................       3.19
Pasta Zara S.p.A. (Pasta Zara)...............................       3.19
Pastificio Carmine Russo S.p.A. (Carmine)....................       3.19
Pastificio DiMartino Gaetano & F. Ili S.r.L. (DiMartino).....       3.19
Pastificio Fabianelli S.p.A. (Fabianelli)....................       3.19
Pastificio Felicetti S.r.L. (Felicetti)......................       3.19
Pastificio Labor S.r.L. (Labor)..............................       3.19
Pastificio Riscossa F. Ili Mastromauro S.p.A. (AKA Pastificio       3.19
 Riscossa F. Ili. Mastromauro S.r.L.) (Riscossa).............
Poiatti S.p.A. (Poiatti).....................................       3.19
Premiato Pastificio Afreltra S.r. L. (Premiato)..............       3.19
Rustichella d'Abruzzo S.p.A. (Rustichella)...................       3.19
------------------------------------------------------------------------

Assessment Rate

    Upon issuance of the final results, the Department shall determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. If the weighted-average dumping margin for 
Indalco or Liguori 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 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.
---------------------------------------------------------------------------

    \6\ The Department previously found that Liguori and PAM are 
affiliated and calculated a margin for the consolidated entity. See, 
e.g., Notice of Preliminary Results And Partial Rescission Of 
Antidumping Duty Administrative Review And Intent To Revoke The 
Antidumping Duty Order In Part, 66 FR 34414 (June 28, 2001) 
unchanged in Notice of Final Results of Antidumping Duty 
Administrative Review, Partial Rescission of Antidumping Duty 
Administrative Review and Revocation of Antidumping Duty Order in 
Part: Certain Pasta From Italy, 67 FR 300 (January 3, 2002). In the 
instant review, Liguori reported that PAM ceased its operations as 
of October 24, 2014, and that PAM did not make any sales of subject 
merchandise to the United States during the POR. See Liguori's 
Section A questionnaire response dated December 4, 2015 at 2. We 
intend to follow-up with Customs and Border Protection (CBP) 
concerning Liguori's statement subsequent to these preliminary 
results and to allow interested parties an opportunity to comment on 
any information received from CBP. Therefore, for purposes of these 
preliminary results, we have preliminarily assigned PAM the same 
rate as Liguori, rather than making a preliminary no shipments 
determination with respect to PAM.
---------------------------------------------------------------------------

    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.
    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 producers 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 producer is, the 
cash deposit rate

[[Page 53406]]

will be the rate established for the most recently completed segment of 
this proceeding for the producer of the subject merchandise; and (4) 
the cash deposit rate for all other producers 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.\7\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \7\ 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.\8\ 
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.\9\ 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.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.224(b).
    \9\ 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.\10\ 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.\11\ 
Parties should confirm by telephone the date, time, and location of the 
hearing.
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    \10\ See 19 CFR 351.310(c).
    \11\ 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: August 5, 2016.
Ronald 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
    Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Sales to Affiliated Customers
    D. Cost of Production Analysis
    1. Calculation of Cost of Production
    2. Test of Home Market Prices
    3. Results of the COP Test
    E. Calculation of Normal Value Based on Comparison Market Prices
    F. Price-to-CV Comparison
    G. Constructed Value
    Margins for Companies Not Selected for Individual Examination
    Currency Conversion
5. Recommendation

[FR Doc. 2016-19129 Filed 8-11-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  53404                         Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices

                                                  Background                                              Iowa, Kansas, Michigan, Minnesota,                    DATES:   Effective August 12, 2016.
                                                     The Middle Class Tax Relief and Job                  Missouri, Montana, Nebraska, North                    FOR FURTHER INFORMATION CONTACT:    Joy
                                                  Creation Act of 2012 (Pub. L. 112–96,                   Dakota, Ohio, South Dakota, Utah,                     Zhang or George McMahon, AD/CVD
                                                  Title VI, 126 Stat. 156 (codified at 47                 Wisconsin, and Wyoming. The Draft                     Operations, Office III, Enforcement and
                                                  U.S.C. 1401 et seq.)) (the ‘‘Act’’) created             PEIS analyzes potential impacts of the                Compliance, International Trade
                                                  and authorized FirstNet to take all                     deployment and operation of the                       Administration, U.S. Department of
                                                  actions necessary to ensure the building,               NPSBN on the natural and human                        Commerce, 14th Street and Constitution
                                                  deployment, and operation of an                         environment in the Central Region, in                 Avenue NW., Washington, DC 20230;
                                                  interoperable, nationwide public safety                 accordance with FirstNet’s                            telephone: (202) 482–1168 or (202) 482–
                                                  broadband network (‘‘NPSBN’’) based                     responsibilities under NEPA.                          1167, respectively.
                                                  on a single, national network                           Next Steps                                            Background
                                                  architecture. The Act meets a
                                                  longstanding and critical national                        All comments received by the public                    On September 2, 2015, the
                                                  infrastructure need, to create a single,                and any interested stakeholders will be               Department published a notice of
                                                  nationwide network that will, for the                   evaluated and considered by FirstNet                  initiation of an administrative review of
                                                  first time, allow police officers, fire                 during the preparation of the Final PEIS.             the antidumping order on pasta from
                                                  fighters, emergency medical service                     Once a PEIS is completed and a Record                 Italy.1 On December 24, 2015, the
                                                  professionals, and other public safety                  of Decision (ROD) is signed, FirstNet                 Department rescinded the instant
                                                  entities to effectively communicate with                will evaluate site-specific                           review, in part, with respect to La
                                                  each other across agencies and                          documentation, as network design is                   Molisana SpA., Pasta Lensi S.r.L.,
                                                  jurisdictions. The NPSBN is intended to                 developed, to determine if the proposed               Pastificio Andalini S.p.A., Azienda
                                                  enhance the ability of the public safety                project has been adequately evaluated in              Agricola Casina Rossa di De Laurentiis
                                                  community to perform more reliably,                     the PEIS or warrants a Categorical                    Nicola, Pastificio Bolognese of Angelo
                                                  effectively, and safely; increase                       Exclusion, an Environmental                           R. Dicuonzo, I Sapori dell’Arca S.r.l., La
                                                  situational awareness during an                         Assessment, or an Environmental                       Romagna S.r.l., Ser.com.snc, and Vero
                                                  emergency; and improve the ability of                   Impact Statement.                                     Lucano S.r.l.2
                                                  the public safety community to                            Dated: August 9, 2016.                                 As explained in the memorandum
                                                  effectively engage in those critical                    Genevieve Walker,                                     from the Acting Assistant Secretary for
                                                  activities.                                             Director of Environmental Compliance, First
                                                                                                                                                                Enforcement and Compliance, the
                                                     The National Environmental Policy                    Responder Network Authority.                          Department exercised its discretion to
                                                  Act of 1969 (42 U.S.C. 4321–4347)                                                                             toll all administrative deadlines due to
                                                                                                          [FR Doc. 2016–19265 Filed 8–11–16; 8:45 am]
                                                  (‘‘NEPA’’) requires federal agencies to                                                                       a closure of the Federal Government. As
                                                                                                          BILLING CODE 3510–TL–P
                                                  undertake an assessment of                                                                                    a result, the revised deadline for the
                                                  environmental effects of their proposed                                                                       preliminary results of this review was
                                                  actions prior to making a final decision                DEPARTMENT OF COMMERCE                                April 7, 2016.3 On March 17, 2016, the
                                                  and implementing the action. NEPA                                                                             Department extended the deadline for
                                                  requirements apply to any federal                       International Trade Administration                    the preliminary results to August 5,
                                                  project, decision, or action that may                                                                         2016.
                                                                                                          [A–475–818]
                                                  have a significant impact on the quality                                                                      Scope of the Order
                                                  of the human environment. NEPA also                     Certain Pasta From Italy: Preliminary                   Imports covered by the order are
                                                  establishes the Council on                              Results of Antidumping Duty                           shipments of certain non-egg dry pasta.
                                                  Environmental Quality (‘‘CEQ’’), which                  Administrative Review; 2014–2015                      The merchandise subject to review is
                                                  issued regulations implementing the
                                                                                                          AGENCY:  Enforcement and Compliance,                  currently classifiable under items
                                                  procedural provisions of NEPA (see 40
                                                                                                          International Trade Administration,                   1901.90.90.95 and 1902.19.20 of the
                                                  CFR parts 1500–1508). Among other
                                                                                                          Department of Commerce.                               Harmonized Tariff Schedule of the
                                                  considerations, CEQ regulations at 40
                                                                                                          SUMMARY: In response to requests from
                                                                                                                                                                United States (HTSUS). Although the
                                                  CFR 1508.28 recommend the use of
                                                                                                          interested parties, the Department of                 HTSUS subheadings are provided for
                                                  tiering from a ‘‘broader environmental
                                                                                                          Commerce (the Department) is                          convenience and customs purposes, the
                                                  impact statement (such as a national
                                                                                                          conducting an administrative review of                written description of the merchandise
                                                  program or policy statements) with
                                                                                                          the antidumping duty order on certain                 subject to the order is dispositive.4
                                                  subsequent narrower statements or
                                                  environmental analysis (such as                         pasta (pasta) from Italy, covering the                  1 See Initiation of Antidumping and
                                                  regional or basin wide statements or                    period July 1, 2014, through June 30,                 Countervailing Duty Administrative Reviews, 80 FR
                                                  ultimately site-specific statements)                    2015. The initiation of the instant                   53106 (September 2, 2015) (Initiation Notice).
                                                  incorporating by reference the general                  review covered 31 companies, and we                     2 See Certain Pasta From Italy: Notice of Partial

                                                  discussions and concentrating solely on                 have partially rescinded the review with              Rescission of Antidumping Duty Administrative
                                                                                                                                                                Review, 80 FR 80320 (December 24, 2015).
                                                  the issues specific to the statement                    respect to nine companies, as discussed                 3 See Memorandum to the Record from Ron
                                                  subsequently prepared.’’                                below. Thus, this review covers two                   Lorentzen, Acting Assistant Secretary for
                                                     Due to the geographic scope of                       mandatory respondents, Industria                      Enforcement & Compliance, regarding ‘‘Tolling of
                                                  FirstNet (all 50 states, the District of                Alimentare Colavita S.p.A. (Indalco)                  Administrative Deadlines As a Result of the
                                                  Columbia, and five territories) and the                 and Liguori Pastificio Dal 1820                       Government Closure During Snowstorm ‘Jonas,’ ’’
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                dated January 27, 2016. If the new deadline falls on
                                                  diversity of ecosystems potentially                     (Liguori), and 19 non-selected                        a non-business day, in accordance with the
                                                  traversed by the project, FirstNet has                  companies. We preliminarily determine                 Department’s practice, the deadline will become the
                                                  elected to prepare five regional PEISs.                 that Indalco and Liguori made sales of                next business day.
                                                                                                                                                                  4 For a full description of the scope of the order,
                                                  The five PEISs were divided into the                    subject merchandise at less than normal
                                                                                                                                                                see the ‘‘Decision Memorandum for the Preliminary
                                                  East, Central, West, South, and Non-                    value during the period of review (POR).              Results of Antidumping Duty Administrative
                                                  Contiguous Regions. The Central Region                  Interested parties are invited to                     Review: Certain Pasta From Italy; 2014–2015,’’ from
                                                  consists of Colorado, Illinois, Indiana,                comment on these preliminary results.                 Christian Marsh, Deputy Assistant Secretary for



                                             VerDate Sep<11>2014   18:42 Aug 11, 2016   Jkt 238001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\12AUN1.SGM   12AUN1


                                                                                Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices                                                    53405

                                                  Methodology                                                                                               Weighted-    appropriate entries covered by this
                                                                                                                                                             average     review. If the weighted-average
                                                     The Department is conducting this                          Producer and/or exporter                    dumping      dumping margin for Indalco or Liguori
                                                  review in accordance with section                                                                           margin     is not zero or de minimis (i.e., less than
                                                                                                                                                            (percent)
                                                  751(a)(2) of the Tariff Act of 1930, as                                                                                0.5 percent), we will calculate importer-
                                                  amended (the Act). Constructed export                   Industria Alimentare Colavita                                  specific ad valorem antidumping duty
                                                  price or export price is calculated in                    S.p.A. (Indalco) ........................             2.14   assessment rates based on the ratio of
                                                  accordance with section 772 of the Act.                 Liguori Pastificio Dal 1820                                    the total amount of dumping calculated
                                                  Normal value is calculated in                             (Liguori) 6 .................................         5.74   for the importer’s examined sales to the
                                                  accordance with section 773 of the Act.                 Agritalia S.r.L. (Agritalia) .............              3.19   total entered value of those same sales
                                                                                                          Atar S.r.L. (Atar) ..........................           3.19   in accordance with 19 CFR
                                                  For a full description of the                           Corticella Molini e Pastifici S.p.A.
                                                  methodology underlying our                                (Corticella) ...............................          3.19
                                                                                                                                                                         351.212(b)(1). We will instruct CBP to
                                                  preliminary results, see Preliminary                    Delverde Industrie Alimentari                                  assess antidumping duties on all
                                                  Decision Memorandum dated                                 S.p.A. (Delverde) .....................               3.19   appropriate entries covered by this
                                                  concurrently with this notice and                       Domenico Paone fu Erasmo                                       review when the importer-specific
                                                  hereby adopted by this notice. The                        S.p.A. (Domenico) ...................                 3.19   assessment rate calculated in the final
                                                  Preliminary Decision Memorandum is a
                                                                                                          F. Divella S.p.A. (F. Divella) .......                  3.19   results of this review is not zero or de
                                                                                                          La Fabbrica della Pasta di                                     minimis. Where either the respondent’s
                                                  public document and is on file                            Gragnano S.a.s. di Antonio                                   weighted-average dumping margin is
                                                  electronically via Enforcement and                        Moccia (La Fabbrica) ..............                   3.19   zero or de minimis, or an importer-
                                                  Compliance’s Antidumping and                            Molino e Pastificio Tomasello
                                                                                                                                                                         specific assessment rate is zero or de
                                                  Countervailing Duty Centralized                           S.r.L. (Tomasello) ....................               3.19
                                                                                                          P.A.P SNC DI Pazienza G.B. &                                   minimis, we will instruct CBP to
                                                  Electronic Service System (ACCESS).                                                                                    liquidate the appropriate entries
                                                                                                            C. (P.A.P) ................................           3.19
                                                  ACCESS is available to registered users                 Pasta Zara S.p.A. (Pasta Zara) ..                       3.19   without regard to antidumping duties.
                                                  at http://access.trade.gov and is                       Pastificio Carmine Russo S.p.A.                                The final results of this review shall be
                                                  available to all parties in the Central                   (Carmine) .................................           3.19   the basis for the assessment of
                                                  Records Unit, room B8024 of the main                    Pastificio DiMartino Gaetano &                                 antidumping duties on entries of
                                                  Department of Commerce building. In                       F. Ili S.r.L. (DiMartino) .............               3.19   merchandise covered by the final results
                                                  addition, a complete version of the                     Pastificio Fabianelli S.p.A.                                   of this review where applicable.
                                                                                                            (Fabianelli) ...............................          3.19      In accordance with the Department’s
                                                  Preliminary Decision Memorandum can                     Pastificio Felicetti S.r.L. (Felicetti)                 3.19
                                                  be accessed directly on the internet at                 Pastificio Labor S.r.L. (Labor) .....                   3.19
                                                                                                                                                                         ‘‘automatic assessment’’ practice, for
                                                  http://enforcement.trade.gov/frn/                       Pastificio Riscossa F. Ili                                     entries of subject merchandise during
                                                  index.html. The signed Preliminary                        Mastromauro S.p.A. (AKA                                      the POR produced by each respondent
                                                  Decision Memorandum and the                               Pastificio Riscossa F. Ili.                                  for which they did not know that their
                                                  electronic version of the Preliminary                     Mastromauro S.r.L.)                                          merchandise was destined for the
                                                  Decision Memorandum are identical in                      (Riscossa) ................................           3.19   United States, we will instruct CBP to
                                                                                                          Poiatti S.p.A. (Poiatti) ..................             3.19   liquidate unreviewed entries at the all-
                                                  content.                                                Premiato Pastificio Afreltra S.r. L.                           others rate if there is no rate for the
                                                  Preliminary Results of the Review                         (Premiato) ................................           3.19   intermediate company(ies) involved in
                                                                                                          Rustichella d’Abruzzo S.p.A.
                                                                                                                                                                         the transaction.
                                                    As a result of this review, the                         (Rustichella) .............................           3.19
                                                                                                                                                                            We intend to issue instructions to
                                                  Department calculated a weighted-                                                                                      CBP 15 days after publication of the
                                                  average dumping margin of 2.14 percent                  Assessment Rate                                                final results of this review.
                                                  for Indalco and 5.74 percent for Liguori                  Upon issuance of the final results, the
                                                                                                                                                                         Cash Deposit Requirements
                                                  for the period July 1, 2014, through June               Department shall determine, and CBP
                                                  30, 2015. Therefore, in accordance with                 shall assess, antidumping duties on all                           The following cash deposit
                                                  section 735(c)(5)(A) of the Act, the                                                                                   requirements will be effective upon
                                                  Department assigned the weighted-                         6 The Department previously found that Liguori               publication of the notice of final results
                                                                                                          and PAM are affiliated and calculated a margin for             of administrative review for all
                                                  average of these two calculated                         the consolidated entity. See, e.g., Notice of                  shipments of subject merchandise
                                                  weighted-average dumping margins,                       Preliminary Results And Partial Rescission Of
                                                                                                          Antidumping Duty Administrative Review And
                                                                                                                                                                         entered, or withdrawn from warehouse,
                                                  3.19 percent, to the 19 non-selected
                                                                                                          Intent To Revoke The Antidumping Duty Order In                 for consumption on or after the
                                                  companies in these preliminary results,                 Part, 66 FR 34414 (June 28, 2001) unchanged in                 publication of the final results of this
                                                  as referenced below.5                                   Notice of Final Results of Antidumping Duty                    administrative review, as provided by
                                                                                                          Administrative Review, Partial Rescission of
                                                                                                          Antidumping Duty Administrative Review and
                                                                                                                                                                         section 751(a)(2) of the Act: (1) The cash
                                                                                                          Revocation of Antidumping Duty Order in Part:                  deposit rate for respondents noted above
                                                                                                          Certain Pasta From Italy, 67 FR 300 (January 3,                will be the rate established in the final
                                                  Antidumping and Countervailing Duty Operations,         2002). In the instant review, Liguori reported that
                                                  to Ronald Lorentzen, Acting Assistant Secretary for                                                                    results of this administrative review; (2)
                                                                                                          PAM ceased its operations as of October 24, 2014,
                                                  Enforcement and Compliance, dated concurrently          and that PAM did not make any sales of subject
                                                                                                                                                                         for merchandise exported by producers
                                                  with this notice (Preliminary Decision                  merchandise to the United States during the POR.               or exporters not covered in this
                                                  Memorandum).                                            See Liguori’s Section A questionnaire response                 administrative review but covered in a
                                                                                                          dated December 4, 2015 at 2. We intend to follow-              prior segment of the proceeding, the
mstockstill on DSK3G9T082PROD with NOTICES




                                                     5 The rate applied to the non-selected companies

                                                  is a weighted-average percentage margin calculated      up with Customs and Border Protection (CBP)
                                                                                                          concerning Liguori’s statement subsequent to these
                                                                                                                                                                         cash deposit rate will continue to be the
                                                  based on the publicly-ranged U.S. volumes of the                                                                       company-specific rate published for the
                                                                                                          preliminary results and to allow interested parties
                                                  two reviewed companies with an affirmative
                                                                                                          an opportunity to comment on any information                   most recently completed segment of this
                                                  dumping margin, for the period July 1, 2014,            received from CBP. Therefore, for purposes of these
                                                  through June 30, 2015. See Memorandum to the File
                                                                                                                                                                         proceeding; (3) if the exporter is not a
                                                                                                          preliminary results, we have preliminarily assigned
                                                  titled, ‘‘Certain Pasta From Italy: Margin for          PAM the same rate as Liguori, rather than making
                                                                                                                                                                         firm covered in this review, a prior
                                                  Respondents Not Selected for Individual                 a preliminary no shipments determination with                  review, or the original investigation, but
                                                  Examination,’’ dated concurrently with this notice.     respect to PAM.                                                the producer is, the cash deposit rate


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                                                  53406                         Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices

                                                  will be the rate established for the most               final results of this administrative                  DEPARTMENT OF COMMERCE
                                                  recently completed segment of this                      review, including the results of our
                                                  proceeding for the producer of the                      analysis of the issues raised by the                  International Trade Administration
                                                  subject merchandise; and (4) the cash                   parties in their case briefs, within 120              [A–602–809]
                                                  deposit rate for all other producers or                 days after issuance of these preliminary
                                                  exporters will continue to be 15.45                     results.                                              Certain Hot-Rolled Steel Flat Products
                                                  percent, the all-others rate established                                                                      From Australia: Final Determination of
                                                  in the antidumping investigation as                     Notification to Importers                             Sales at Less Than Fair Value
                                                  modified by the section 129
                                                                                                            This notice serves as a preliminary                 AGENCY:   Enforcement and Compliance,
                                                  determination.7 These cash deposit
                                                                                                          reminder to importers of their                        International Trade Administration,
                                                  requirements, when imposed, shall
                                                  remain in effect until further notice.                  responsibility under 19 CFR                           Department of Commerce.
                                                                                                          351.402(f)(2) to file a certificate                   SUMMARY: The Department of Commerce
                                                  Disclosure and Public Comment                           regarding the reimbursement of                        determines that certain hot-rolled steel
                                                     The Department will disclose to                      antidumping duties prior to liquidation               flat products from Australia are being,
                                                  parties to this proceeding the                          of the relevant entries during this                   or are likely to be, sold in the United
                                                  calculations performed in reaching the                  review period. Failure to comply with                 States at less than fair value. The period
                                                  preliminary results within five days of                 this requirement could result in the                  of investigation is July 1, 2014, through
                                                  the date of publication of these                        Secretary’s presumption that                          June 30, 2015. The final estimated
                                                  preliminary results.8 Pursuant to 19 CFR                reimbursement of antidumping duties                   weighted-average dumping margins are
                                                  351.309(c), interested parties may                      occurred and increase the subsequent                  listed below in the ‘‘Final
                                                  submit cases briefs not later than 30                   assessment of the antidumping duties                  Determination’’ section of this notice.
                                                  days after the date of publication of this              by the amount of antidumping duties                   DATES: Effective August 12, 2016.
                                                  notice. Rebuttal briefs, limited to issues              reimbursed.                                           FOR FURTHER INFORMATION CONTACT:
                                                  raised in the case briefs, may be filed                                                                       Frances Veith, AD/CVD Operations,
                                                  not later than five days after the date for               These preliminary results of review
                                                                                                                                                                Office V, Enforcement and Compliance,
                                                  filing case briefs.9 Parties who submit                 are issued and published in accordance                International Trade Administration,
                                                  comments are requested to submit: (1) A                 with sections 751(a)(1) and 777(i)(1) of              U.S. Department of Commerce, 14th
                                                  statement of the issue; (2) a brief                     the Act.                                              Street and Constitution Avenue NW.,
                                                  summary of the argument; and (3) a                        Dated: August 5, 2016.                              Washington, DC 20230; telephone: (202)
                                                  table of authorities. All briefs must be                Ronald Lorentzen,                                     482–4295.
                                                  filed electronically using ACCESS. An                   Acting Assistant Secretary for Enforcement            SUPPLEMENTARY INFORMATION:
                                                  electronically filed document must be                   and Compliance.
                                                  received successfully in its entirety by                                                                      Background
                                                  the Department’s electronic records                     Appendix                                                 The Department of Commerce (the
                                                  system, ACCESS.                                                                                               ‘‘Department’’) published the
                                                                                                          List of Topics Discussed in the Preliminary
                                                     Interested parties who wish to request                                                                     preliminary determination on March 22,
                                                                                                          Decision Memorandum
                                                  a hearing must submit a written request                                                                       2016.1 A summary of the events that
                                                  to the Assistant Secretary for                          1. Summary                                            occurred since the Department
                                                  Enforcement and Compliance, U.S.                        2. Background                                         published the Preliminary
                                                  Department of Commerce, using                           3. Scope of the Order                                 Determination, as well as a full
                                                  Enforcement and Compliance’s ACCESS                     4. Discussion of Methodology                          discussion of the issues raised by parties
                                                  system within 30 days of publication of                    Date of Sale                                       for this final determination, may be
                                                  this notice.10 Requests should contain                     Comparisons to Normal Value                        found in the final Issues and Decision
                                                  the party’s name, address, and                             Product Comparisons                                Memorandum.2
                                                                                                             Determination of Comparison Method
                                                  telephone number, the number of                                                                               Scope of the Investigation
                                                                                                             Results of the Differential Pricing (DP)
                                                  participants, and a list of the issues to
                                                                                                                Analysis                                           The products covered by this
                                                  be discussed. If a request for a hearing
                                                                                                             Export Price                                       investigation are certain hot-rolled steel
                                                  is made, we will inform parties of the
                                                                                                             Normal Value                                       flat products (‘‘hot-rolled steel’’) from
                                                  scheduled date for the hearing which
                                                                                                             A. Home Market Viability                           Australia. For a full description of the
                                                  will be held at the U.S. Department of
                                                                                                             B. Level of Trade                                  scope of this investigation, see the
                                                  Commerce, 14th Street and Constitution
                                                                                                             C. Sales to Affiliated Customers                   ‘‘Scope of the Investigation,’’ in
                                                  Avenue NW., Washington, DC 20230, at                       D. Cost of Production Analysis
                                                  a time and location to be determined.11                                                                       Appendix II of this notice.
                                                                                                             1. Calculation of Cost of Production
                                                  Parties should confirm by telephone the                    2. Test of Home Market Prices                         1 See Certain Hot-Rolled Steel Flat Products from
                                                  date, time, and location of the hearing.                   3. Results of the COP Test                         Australia: Preliminary Determination of Sales at
                                                     Unless the deadline is extended                         E. Calculation of Normal Value Based on            Less Than Fair Value and Postponement of Final
                                                  pursuant to section 751(a)(2)(B)(iv) of                       Comparison Market Prices                        Determination, 81 FR 15241 (March 22, 2016)
                                                  the Act, the Department will issue the                                                                        (‘‘Preliminary Determination’’) and accompanying
                                                                                                             F. Price-to-CV Comparison                          Preliminary Decision Memorandum.
                                                    7 See Implementation of the Findings of the WTO
                                                                                                             G. Constructed Value                                  2 See Memorandum from Christian Marsh, Deputy

                                                                                                             Margins for Companies Not Selected for             Assistant Secretary for Antidumping and
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Panel in US—Zeroing (EC): Notice of
                                                                                                                Individual Examination                          Countervailing Duty Operations, to Ronald K.
                                                  Determinations Under Section 129 of the Uruguay
                                                                                                                                                                Lorentzen, Acting Assistant Secretary for
                                                  Round Agreements Act and Revocations and Partial           Currency Conversion
                                                                                                                                                                Enforcement and Compliance, ‘‘Issues and Decision
                                                  Revocations of Certain Antidumping Duty Orders,         5. Recommendation                                     Memorandum for the Final Affirmative
                                                  72 FR 25261 (May 4, 2007).
                                                    8 See 19 CFR 351.224(b).                              [FR Doc. 2016–19129 Filed 8–11–16; 8:45 am]           Determination in the Antidumping Duty
                                                                                                                                                                Investigation of Certain Hot-Rolled Steel Flat
                                                    9 See 19 CFR 351.309(d).                              BILLING CODE 3510–DS–P                                Products from Australia,’’ (‘‘Issues and Decision
                                                    10 See 19 CFR 351.310(c).
                                                                                                                                                                Memorandum’’), dated concurrently with this
                                                    11 See 19 CFR 351.310.                                                                                      determination and hereby adopted by this notice.



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Document Created: 2018-02-09 11:33:18
Document Modified: 2018-02-09 11:33:18
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
DatesEffective August 12, 2016.
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 Citation81 FR 53404 

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