81_FR_91362 81 FR 91120 - Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2014-2015

81 FR 91120 - Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 242 (December 16, 2016)

Page Range91120-91122
FR Document2016-30324

On August 12, 2016, the Department of Commerce (the Department) published the preliminary results of the antidumping duty administrative review of certain pasta (pasta) from Italy. The period of review (POR) is July 1, 2014, through June 30, 2015. As a result of our analysis of the comments and information received, these final results differ from the Preliminary Results with respect to Industria Alimentare Colavita S.p.A. (Indalco) and Liguori Pastificio Dal 1820 (Liguori). For the final weighted-average dumping margins, see the ``Final Results of Review'' section below.

Federal Register, Volume 81 Issue 242 (Friday, December 16, 2016)
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91120-91122]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30324]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On August 12, 2016, the Department of Commerce (the 
Department) published the preliminary results of the antidumping duty 
administrative review of certain pasta (pasta) from Italy. The period 
of review (POR) is July 1, 2014, through June 30, 2015. As a result of 
our analysis of the comments and information received, these final 
results differ from the Preliminary Results with respect to Industria 
Alimentare Colavita S.p.A. (Indalco) and Liguori Pastificio Dal 1820 
(Liguori). For the final weighted-average dumping margins, see the 
``Final Results of Review'' section below.

DATES: Effective December 16, 2016.

FOR FURTHER INFORMATION CONTACT: Joy Zhang (Liguori) or George McMahon 
(Indalco), 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.

SUPPLEMENTARY INFORMATION:

Background

    On August 12, 2016, the Department of Commerce (the Department) 
published the Preliminary Results.\1\ In accordance with 19 CFR 
351.309(c)(1)(ii), we invited parties to comment on our Preliminary 
Results. On September 7, 2016, Liguori submitted a request for a 
hearing, which was withdrawn on October 6, 2016.\2\ On August 31, 2016, 
the Department revised the briefing schedule.\3\ On September 19, 2016, 
Petitioners,\4\ Indalco, and Liguori submitted their case briefs. On 
September 26, 2016, Petitioners, Indalco, and Liguori submitted their 
rebuttal briefs.
---------------------------------------------------------------------------

    \1\ See Certain Pasta From Italy: Preliminary Results of 
Antidumping Duty Administrative Review; 2014-2015, 81 FR 53404 
(August 12, 2016) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Liguori's letter titled, ``Hearing Request of Liguori 
Pastificio dal 1820 S.p.A.,'' dated September 7, 2016. See also 
Liguori's letter titled, ``Certain Pasta from Italy: Withdrawal of 
Hearing Request of Liguori Pastificio dal 1820 S.p.A.,'' dated 
October 6, 2016.
    \3\ See the Department's Memorandum to All Interested Parties 
titled, ``Postponement of Briefing Schedule,'' dated August 31, 
2016.
    \4\ Petitioners consist of New World Pasta Company, American 
Italian Pasta Company and Dakota Growers Pasta Company.
---------------------------------------------------------------------------

Scope of the Order

    Imports covered by the order are shipments of certain non-egg dry 
pasta. The merchandise subject to review is currently classifiable 
under items 1901.90.90.95 and 1902.19.20 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Although the HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the merchandise subject to the order is dispositive.\5\
---------------------------------------------------------------------------

    \5\ For a full description of the scope of the order, see the 
``Issues and Decision Memorandum for the Final Results of 
Antidumping Duty Administrative Review and Partial Rescission: 
Certain Pasta from Italy; 2014-2015'' from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, dated concurrently with this notice (Issues and Decision 
Memorandum) and incorporated herein by reference.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum. A list of the issues that parties raised and to which we 
responded is attached to this notice as an Appendix. The Issues and 
Decision Memorandum is a public document and is on-file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov and in the Central Records 
Unit (CRU), room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we have 
recalculated Indalco and Liguori's weighted-average dumping margins.\6\ 
As a result of the

[[Page 91121]]

recalculation of the rates for Indalco and Liguori, the weighted-
average dumping margin for the non-selected companies has changed.
---------------------------------------------------------------------------

    \6\ See Issues and Decision Memorandum; see also Memorandum to 
the File, Through Eric B. Greynolds, Program Manager, Office III, 
from Joy Zhang, Case Analyst, Office III, titled ``Certain Pasta 
from Italy: Calculation Memorandum--Liguori,'' dated concurrently 
with this notice, and Memorandum to the File, Through Eric B. 
Greynolds, Program Manager, Office III, from George McMahon, Case 
Analyst, Office III, titled ``Certain Pasta from Italy: Calculation 
Memorandum--Indalco,'' dated concurrently with this notice.
---------------------------------------------------------------------------

Final Results of the Review

    As a result of this review, the Department calculated a weighted-
average dumping margin of 1.20 percent for Indalco and 10.79 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, 4.00 percent, to the 19 non-selected 
companies in these final results, as referenced below.\7\
---------------------------------------------------------------------------

    \7\ 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)..........            1.20
Liguori Pastificio Dal 1820 (Liguori)...................           10.79
Agritalia S.r.L. (Agritalia)............................            4.00
Atar S.r.L. (Atar)......................................            4.00
Corticella Molini e Pastifici S.p.A. (Corticella).......            4.00
Delverde Industrie Alimentari S.p.A. (Delverde).........            4.00
Domenico Paone fu Erasmo S.p.A. (Domenico)..............            4.00
F. Divella S.p.A. (F. Divella)..........................            4.00
La Fabbrica della Pasta di Gragnano S.a.s. di Antonio               4.00
 Moccia (La Fabbrica)...................................
Molino e Pastificio Tomasello S.r.L. (Tomasello)........            4.00
P.A.P SNC DI Pazienza G.B. & C. (P.A.P).................            4.00
Pasta Zara S.p.A. (Pasta Zara)..........................            4.00
Pastificio Carmine Russo S.p.A. (Carmine)...............            4.00
Pastificio DiMartino Gaetano & F. Ili S.r.L. (DiMartino)            4.00
Pastificio Fabianelli S.p.A. (Fabianelli)...............            4.00
Pastificio Felicetti S.r.L. (Felicetti).................            4.00
Pastificio Labor S.r.L. (Labor).........................            4.00
Pastificio Riscossa F. Ili Mastromauro S.p.A. (AKA                  4.00
 Pastificio Riscossa F. Ili. Mastromauro S.r.L.)
 (Riscossa).............................................
Poiatti S.p.A. (Poiatti)................................            4.00
Premiato Pastificio Afreltra S.r.L. (Premiato)..........            4.00
Rustichella d'Abruzzo S.p.A. (Rustichella)..............            4.00
------------------------------------------------------------------------

Duty Assessment

    The Department shall determine and Customs and Border Protection 
(CBP) shall assess antidumping duties on all appropriate entries.\8\ 
For any individually examined respondents whose weighted-average 
dumping margin is above de minimis, we calculated importer-specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
dumping calculated for the importer's examined sales to the total 
entered value of those same sales in accordance with 19 CFR 
351.212(b)(1). Upon issuance of the final results of this 
administrative review, if any importer-specific assessment rates 
calculated in the final results are above de minimis (i.e., at or above 
0.5 percent), the Department will issue instructions directly to CBP to 
assess antidumping duties on appropriate entries.
---------------------------------------------------------------------------

    \8\ In these final results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    We intend to issue assessment instructions directly to CBP 15 days 
after publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 751(a)(2) 
of the Act: (1) The cash deposit rate for respondents noted above will 
be the rate established in the final results of this administrative 
review; (2) for merchandise exported by manufacturers or exporters not 
covered in this administrative review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company 
specific rate published for the most recently completed segment of this 
proceeding; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation, but the manufacturer is, 
the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the manufacturer of 
the subject merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 15.45 percent, the all-
others rate established in the antidumping investigation as modified by 
the section 129 determination. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping and/or countervailing duties prior to

[[Page 91122]]

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

Administrative Protective Order

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

    Dated: December 12, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Final Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. List of Comments
V. Analysis of Comments
    Indalco
    Comment 1: General and Administrative (G&A) Expense Ratio
    Comment 2: Interest Expense Ratio
    Comment 3: Cost of Goods Sold for G&A and Interest Expense 
Ratios
    Comment 4: Adjustment to the Cost of Manufacturing
    Comment 5: Correct Assessment Rate
    Comment 6: Level of Trade
    Liguori
    Comment 7: Depreciation of Idled Asset
    Comment 8: Semolina Costs
    Comment 9: Home Market Inland Freight
    Comment 10: Shape Classification
VI. Recommendation

[FR Doc. 2016-30324 Filed 12-15-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  91120                        Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices

                                                  order from which they were revoked if                   DEPARTMENT OF COMMERCE                                   September 19, 2016, Petitioners,4
                                                  the Department finds that the company                                                                            Indalco, and Liguori submitted their
                                                  has resumed dumping.24 For these                        International Trade Administration                       case briefs. On September 26, 2016,
                                                  reasons, conducting a CCR pursuant to                                                                            Petitioners, Indalco, and Liguori
                                                  section 751(b) of the Act to determine                  [A–475–818]                                              submitted their rebuttal briefs.
                                                  whether to reinstate Viraj or Venus into                                                                         Scope of the Order
                                                  the Order is consistent with the statute                Certain Pasta From Italy: Final Results
                                                                                                          of Antidumping Duty Administrative                         Imports covered by the order are
                                                  and with the certification that the
                                                                                                          Review; 2014–2015                                        shipments of certain non-egg dry pasta.
                                                  respondents signed as a precondition to                                                                          The merchandise subject to review is
                                                  their conditional revocation.25                         AGENCY:  Enforcement and Compliance,                     currently classifiable under items
                                                  Period of Changed Circumstances                         International Trade Administration,                      1901.90.90.95 and 1902.19.20 of the
                                                  Review                                                  Department of Commerce.                                  Harmonized Tariff Schedule of the
                                                                                                          SUMMARY:    On August 12, 2016, the                      United States (HTSUS). Although the
                                                     The Department intends to request                    Department of Commerce (the                              HTSUS subheadings are provided for
                                                  data from Viraj and Venus for the July                  Department) published the preliminary                    convenience and customs purposes, the
                                                  1, 2015, through June 30, 2016, period                  results of the antidumping duty                          written description of the merchandise
                                                  to determine whether it should reinstate                administrative review of certain pasta                   subject to the order is dispositive.5
                                                  the Order with respect to these                         (pasta) from Italy. The period of review                 Analysis of Comments Received
                                                  companies because they resumed                          (POR) is July 1, 2014, through June 30,
                                                  dumping.                                                                                                            All issues raised in the case and
                                                                                                          2015. As a result of our analysis of the                 rebuttal briefs by parties to this
                                                  Public Comment                                          comments and information received,                       administrative review are addressed in
                                                                                                          these final results differ from the                      the Issues and Decision Memorandum.
                                                    The Department intends to publish in                  Preliminary Results with respect to                      A list of the issues that parties raised
                                                  the Federal Register a notice of                        Industria Alimentare Colavita S.p.A.                     and to which we responded is attached
                                                  preliminary results of CCR in                           (Indalco) and Liguori Pastificio Dal 1820                to this notice as an Appendix. The
                                                  accordance with 19 CFR 351.221(b)(4)                    (Liguori). For the final weighted-average                Issues and Decision Memorandum is a
                                                  and 351.221(c)(3)(i), which will set forth              dumping margins, see the ‘‘Final Results                 public document and is on-file
                                                  the Department’s preliminary factual                    of Review’’ section below.                               electronically via Enforcement and
                                                  and legal conclusions. Pursuant to 19                   DATES:   Effective December 16, 2016.                    Compliance’s Antidumping and
                                                  CFR 351.221(b)(4)(ii), interested parties               FOR FURTHER INFORMATION CONTACT:    Joy                  Countervailing Duty Centralized
                                                  will have an opportunity to comment on                  Zhang (Liguori) or George McMahon                        Electronic Service System (ACCESS).
                                                  the preliminary results. Unless                         (Indalco), AD/CVD Operations, Office                     ACCESS is available to registered users
                                                  otherwise extended, the Department                      III, Enforcement and Compliance,                         at https://access.trade.gov and in the
                                                  intends to issue its final results of                   International Trade Administration,                      Central Records Unit (CRU), room
                                                  review in accordance with the time                      U.S. Department of Commerce, 14th                        B8024 of the main Department of
                                                  limits set forth in 19 CFR 351.216(e).                  Street and Constitution Avenue NW.,                      Commerce building. In addition, a
                                                                                                          Washington, DC 20230; telephone: (202)                   complete version of the Issues and
                                                    This notice is published in                                                                                    Decision Memorandum can be accessed
                                                  accordance with sections 751(b)(1) and                  482–1168 or (202) 482–1167,
                                                                                                          respectively.                                            directly on the Internet at http://
                                                  777(i)(1) of the Act and 19 CFR                                                                                  enforcement.trade.gov/frn/index.html.
                                                  351.221(b) of the Department’s                          SUPPLEMENTARY INFORMATION:                               The signed Issues and Decision
                                                  regulations.                                                                                                     Memorandum and the electronic
                                                                                                          Background
                                                    Dated: December 12, 2016.                                                                                      versions of the Issues and Decision
                                                  Christian Marsh,                                          On August 12, 2016, the Department                     Memorandum are identical in content.
                                                                                                          of Commerce (the Department)
                                                  Deputy Assistant Secretary, for Antidumping                                                                      Changes Since the Preliminary Results
                                                  and Countervailing Duty Operations.
                                                                                                          published the Preliminary Results.1 In
                                                                                                          accordance with 19 CFR                                     Based on a review of the record and
                                                  [FR Doc. 2016–30323 Filed 12–15–16; 8:45 am]                                                                     comments received from interested
                                                                                                          351.309(c)(1)(ii), we invited parties to
                                                  BILLING CODE 3510–DS–P                                  comment on our Preliminary Results.                      parties regarding our Preliminary
                                                                                                          On September 7, 2016, Liguori                            Results, we have recalculated Indalco
                                                    24 See  Revocation Final Rule, 77 FR at 29882.        submitted a request for a hearing, which                 and Liguori’s weighted-average
                                                    25 See, e.g., Sahaviriya, 649 F.3d at 1380;           was withdrawn on October 6, 2016.2 On                    dumping margins.6 As a result of the
                                                  Initiation of Antidumping Duty Changed                  August 31, 2016, the Department
                                                  Circumstances Review: Certain Hot-Rolled Carbon                                                                     4 Petitioners consist of New World Pasta
                                                  Steel Flat Products from Thailand, 73 FR 18766,
                                                                                                          revised the briefing schedule.3 On
                                                                                                                                                                   Company, American Italian Pasta Company and
                                                  18769 (April 7, 2008); see also Viraj Revocation, 69                                                             Dakota Growers Pasta Company.
                                                                                                             1 See Certain Pasta From Italy: Preliminary
                                                  FR at 55411 (‘‘Viraj provided each of the                                                                           5 For a full description of the scope of the order,

                                                  certifications required under 19 CFR 351.222(e)         Results of Antidumping Duty Administrative               see the ‘‘Issues and Decision Memorandum for the
                                                  . . . {including} an agreement to immediate             Review; 2014–2015, 81 FR 53404 (August 12, 2016)         Final Results of Antidumping Duty Administrative
                                                  reinstatement of the order if the Department            (Preliminary Results), and accompanying                  Review and Partial Rescission: Certain Pasta from
                                                                                                          Preliminary Decision Memorandum.                         Italy; 2014–2015’’ from Christian Marsh, Deputy
mstockstill on DSK3G9T082PROD with NOTICES




                                                  concludes that the company, subsequent to the              2 See Liguori’s letter titled, ‘‘Hearing Request of   Assistant Secretary for Antidumping and
                                                  revocation, sold subject merchandise at less than
                                                                                                          Liguori Pastificio dal 1820 S.p.A.,’’ dated              Countervailing Duty Operations, to Paul Piquado,
                                                  NV.’’); see also Venus Revocation, 76 at 56402–3        September 7, 2016. See also Liguori’s letter titled,     Assistant Secretary for Enforcement and
                                                  (‘‘the company has agreed to immediate                  ‘‘Certain Pasta from Italy: Withdrawal of Hearing        Compliance, dated concurrently with this notice
                                                  reinstatement of the order if we find that it has       Request of Liguori Pastificio dal 1820 S.p.A.,’’ dated   (Issues and Decision Memorandum) and
                                                  resumed making sales at less than fair value’’). See    October 6, 2016.                                         incorporated herein by reference.
                                                  also Changed Circumstances Review Initiation               3 See the Department’s Memorandum to All                 6 See Issues and Decision Memorandum; see also

                                                  Checklist at Exhibit 6 for copies of the respondents’   Interested Parties titled, ‘‘Postponement of Briefing    Memorandum to the File, Through Eric B.
                                                  agreements.                                             Schedule,’’ dated August 31, 2016.                       Greynolds, Program Manager, Office III, from Joy



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                                                                                         Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices                                                                                           91121

                                                  recalculation of the rates for Indalco and                                 Final Results of the Review                                                 section 735(c)(5)(A) of the Act, the
                                                  Liguori, the weighted-average dumping                                        As a result of this review, the                                           Department assigned the weighted-
                                                  margin for the non-selected companies                                      Department calculated a weighted-                                           average of these two calculated
                                                  has changed.                                                               average dumping margin of 1.20 percent                                      weighted-average dumping margins,
                                                                                                                             for Indalco and 10.79 percent for Liguori                                   4.00 percent, to the 19 non-selected
                                                                                                                             for the period July 1, 2014, through June                                   companies in these final results, as
                                                                                                                             30, 2015. Therefore, in accordance with                                     referenced below.7

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

                                                  Industria Alimentare Colavita S.p.A. (Indalco) ....................................................................................................................................                            1.20
                                                  Liguori Pastificio Dal 1820 (Liguori) ....................................................................................................................................................                    10.79
                                                  Agritalia S.r.L. (Agritalia) ......................................................................................................................................................................            4.00
                                                  Atar S.r.L. (Atar) ..................................................................................................................................................................................          4.00
                                                  Corticella Molini e Pastifici S.p.A. (Corticella) .....................................................................................................................................                        4.00
                                                  Delverde Industrie Alimentari S.p.A. (Delverde) .................................................................................................................................                              4.00
                                                  Domenico Paone fu Erasmo S.p.A. (Domenico) .................................................................................................................................                                   4.00
                                                  F. Divella S.p.A. (F. Divella) ................................................................................................................................................................                4.00
                                                  La Fabbrica della Pasta di Gragnano S.a.s. di Antonio Moccia (La Fabbrica) ..................................................................................                                                  4.00
                                                  Molino e Pastificio Tomasello S.r.L. (Tomasello) ................................................................................................................................                              4.00
                                                  P.A.P SNC DI Pazienza G.B. & C. (P.A.P) .........................................................................................................................................                              4.00
                                                  Pasta Zara S.p.A. (Pasta Zara) ...........................................................................................................................................................                     4.00
                                                  Pastificio Carmine Russo S.p.A. (Carmine) ........................................................................................................................................                             4.00
                                                  Pastificio DiMartino Gaetano & F. Ili S.r.L. (DiMartino) ......................................................................................................................                                4.00
                                                  Pastificio Fabianelli S.p.A. (Fabianelli) ................................................................................................................................................                     4.00
                                                  Pastificio Felicetti S.r.L. (Felicetti) .......................................................................................................................................................                4.00
                                                  Pastificio Labor S.r.L. (Labor) ..............................................................................................................................................................                 4.00
                                                  Pastificio Riscossa F. Ili Mastromauro S.p.A. (AKA Pastificio Riscossa F. Ili. Mastromauro S.r.L.) (Riscossa) ...............................                                                                  4.00
                                                  Poiatti S.p.A. (Poiatti) ..........................................................................................................................................................................            4.00
                                                  Premiato Pastificio Afreltra S.r.L. (Premiato) ......................................................................................................................................                          4.00
                                                  Rustichella d’Abruzzo S.p.A. (Rustichella) ..........................................................................................................................................                          4.00



                                                  Duty Assessment                                                            after publication of the final results of                                   (3) if the exporter is not a firm covered
                                                                                                                             this review.                                                                in this review, a prior review, or the
                                                    The Department shall determine and                                                                                                                   original investigation, but the
                                                  Customs and Border Protection (CBP)                                        Cash Deposit Requirements                                                   manufacturer is, the cash deposit rate
                                                  shall assess antidumping duties on all                                                                                                                 will be the rate established for the most
                                                                                                                               The following cash deposit
                                                  appropriate entries.8 For any                                                                                                                          recently completed segment of this
                                                                                                                             requirements will be effective upon
                                                  individually examined respondents                                                                                                                      proceeding for the manufacturer of the
                                                                                                                             publication of the notice of final results
                                                  whose weighted-average dumping                                                                                                                         subject merchandise; and (4) the cash
                                                                                                                             of administrative review for all
                                                  margin is above de minimis, we                                                                                                                         deposit rate for all other manufacturers
                                                                                                                             shipments of subject merchandise
                                                  calculated importer-specific ad valorem                                    entered, or withdrawn from warehouse,                                       or exporters will continue to be 15.45
                                                  duty assessment rates based on the ratio                                   for consumption on or after the                                             percent, the all-others rate established
                                                  of the total amount of dumping                                             publication of the final results of this                                    in the antidumping investigation as
                                                  calculated for the importer’s examined                                     administrative review, as provided by                                       modified by the section 129
                                                  sales to the total entered value of those                                  section 751(a)(2) of the Act: (1) The cash                                  determination. These cash deposit
                                                  same sales in accordance with 19 CFR                                       deposit rate for respondents noted above                                    requirements, when imposed, shall
                                                  351.212(b)(1). Upon issuance of the final                                  will be the rate established in the final                                   remain in effect until further notice.
                                                  results of this administrative review, if                                  results of this administrative review; (2)
                                                  any importer-specific assessment rates                                                                                                                 Notification to Importers Regarding the
                                                                                                                             for merchandise exported by                                                 Reimbursement of Duties
                                                  calculated in the final results are above                                  manufacturers or exporters not covered
                                                  de minimis (i.e., at or above 0.5 percent),                                in this administrative review but                                             This notice also serves as a final
                                                  the Department will issue instructions                                     covered in a prior segment of the                                           reminder to importers of their
                                                  directly to CBP to assess antidumping                                      proceeding, the cash deposit rate will                                      responsibility under 19 CFR 351.402(f)
                                                  duties on appropriate entries.                                             continue to be the company specific rate                                    to file a certificate regarding the
                                                    We intend to issue assessment                                            published for the most recently                                             reimbursement of antidumping and/or
                                                  instructions directly to CBP 15 days                                       completed segment of this proceeding;                                       countervailing duties prior to
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Zhang, Case Analyst, Office III, titled ‘‘Certain Pasta                       7 The rate applied to the non-selected companies                           8 In these final results, the Department applied

                                                  from Italy: Calculation Memorandum—Liguori,’’                              is a weighted-average percentage margin calculated                          the assessment rate calculation method adopted in
                                                  dated concurrently with this notice, and                                   based on the publicly-ranged U.S. volumes of the                            Antidumping Proceedings: Calculation of the
                                                  Memorandum to the File, Through Eric B.                                    two reviewed companies with an affirmative                                  Weighted-Average Dumping Margin and
                                                  Greynolds, Program Manager, Office III, from                               dumping margin, for the period July 1, 2014,
                                                                                                                                                                                                         Assessment Rate in Certain Antidumping
                                                  George McMahon, Case Analyst, Office III, titled                           through June 30, 2015. See Memorandum to the File
                                                  ‘‘Certain Pasta from Italy: Calculation                                    titled, ‘‘Certain Pasta from Italy: Margin for                              Proceedings: Final Modification, 77 FR 8101
                                                  Memorandum—Indalco,’’ dated concurrently with                              Respondents Not Selected for Individual                                     (February 14, 2012).
                                                  this notice.                                                               Examination,’’ dated concurrently with this notice.



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                                                  91122                       Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices

                                                  liquidation of the relevant entries                     DEPARTMENT OF COMMERCE                                Respondent Selection
                                                  during the POR. Failure to comply with                                                                           In the event the Department limits the
                                                  this requirement could result in the                    International Trade Administration                    number of respondents for individual
                                                  Department’s presumption that                                                                                 examination for administrative reviews
                                                                                                          Initiation of Antidumping and
                                                  reimbursement of antidumping and/or                                                                           initiated pursuant to requests made for
                                                                                                          Countervailing Duty Administrative
                                                  countervailing duties occurred and the                                                                        the orders identified below, the
                                                                                                          Reviews
                                                  subsequent assessment of doubled                                                                              Department intends to select
                                                  antidumping duties.                                     AGENCY:  Enforcement and Compliance,                  respondents based on U.S. Customs and
                                                                                                          International Trade Administration,                   Border Protection (‘‘CBP’’) data for U.S.
                                                  Administrative Protective Order
                                                                                                          Department of Commerce.                               imports during the period of review. We
                                                    This notice also serves as a reminder                                                                       intend to place the CBP data on the
                                                                                                          SUMMARY:   The Department of Commerce                 record within five days of publication of
                                                  to parties subject to administrative                    (‘‘the Department’’) has received
                                                  protective orders (APO) of their                                                                              the initiation notice and to make our
                                                                                                          requests to conduct administrative                    decision regarding respondent selection
                                                  responsibility concerning the return or                 reviews of various antidumping and
                                                  destruction of proprietary information                                                                        within 30 days of publication of the
                                                                                                          countervailing duty orders and findings               initiation Federal Register notice.
                                                  disclosed under APO in accordance                       with October anniversary dates. In                    Comments regarding the CBP data and
                                                  with 19 CFR 351.305(a)(3), which                        accordance with the Department’s                      respondent selection should be
                                                  continues to govern business                            regulations, we are initiating those                  submitted seven days after the
                                                  proprietary information in this segment                 administrative reviews.                               placement of the CBP data on the record
                                                  of the proceeding. Timely written                                                                             of this review. Parties wishing to submit
                                                                                                          DATES:   Effective December 16, 2016.
                                                  notification of the return/destruction of                                                                     rebuttal comments should submit those
                                                  APO materials, or conversion to judicial                FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                comments five days after the deadline
                                                  protective order, is hereby requested.                  Brenda E. Waters, Office of AD/CVD
                                                                                                                                                                for the initial comments.
                                                  Failure to comply with the regulations                  Operations, Customs Liaison Unit,                        In the event the Department decides
                                                  and the terms of an APO is a                            Enforcement and Compliance,                           it is necessary to limit individual
                                                  sanctionable violation.                                 International Trade Administration,                   examination of respondents and
                                                                                                          U.S. Department of Commerce, 1401                     conduct respondent selection under
                                                    We are issuing and publishing this                    Constitution Avenue NW., Washington,
                                                  notice in accordance with sections                                                                            section 777A(c)(2) of the Act:
                                                                                                          DC 20230, telephone: (202) 482–4735.                     In general, the Department has found
                                                  751(a)(1) and 777(i)(1) of the Act and 19
                                                  CFR 351.213(h).                                         SUPPLEMENTARY INFORMATION:                            that determinations concerning whether
                                                                                                                                                                particular companies should be
                                                    Dated: December 12, 2016.                             Background
                                                                                                                                                                ‘‘collapsed’’ (i.e., treated as a single
                                                  Paul Piquado,                                             The Department has received timely                  entity for purposes of calculating
                                                  Assistant Secretary for Enforcement and                 requests, in accordance with 19 CFR                   antidumping duty rates) require a
                                                  Compliance.                                             351.213(b), for administrative reviews of             substantial amount of detailed
                                                                                                          various antidumping and countervailing                information and analysis, which often
                                                  Appendix—List of Topics Discussed in                                                                          require follow-up questions and
                                                                                                          duty orders and findings with October
                                                  the Final Issues and Decision                           anniversary dates.                                    analysis. Accordingly, the Department
                                                  Memorandum                                                                                                    will not conduct collapsing analyses at
                                                                                                            All deadlines for the submission of
                                                  I. Summary                                              various types of information,                         the respondent selection phase of this
                                                  II. Background                                          certifications, or comments or actions by             review and will not collapse companies
                                                  III. Scope of the Order                                 the Department discussed below refer to               at the respondent selection phase unless
                                                  IV. List of Comments                                    the number of calendar days from the                  there has been a determination to
                                                  V. Analysis of Comments                                 applicable starting time.                             collapse certain companies in a
                                                     Indalco                                                                                                    previous segment of this antidumping
                                                     Comment 1: General and Administrative                Notice of No Sales                                    proceeding (i.e., investigation,
                                                        (G&A) Expense Ratio                                                                                     administrative review, new shipper
                                                                                                            If a producer or exporter named in
                                                     Comment 2: Interest Expense Ratio                                                                          review or changed circumstances
                                                                                                          this notice of initiation had no exports,
                                                     Comment 3: Cost of Goods Sold for G&A                                                                      review). For any company subject to this
                                                                                                          sales, or entries during the period of
                                                        and Interest Expense Ratios                                                                             review, if the Department determined,
                                                                                                          review (‘‘POR’’), it must notify the
                                                     Comment 4: Adjustment to the Cost of                                                                       or continued to treat, that company as
                                                                                                          Department within 30 days of
                                                        Manufacturing                                                                                           collapsed with others, the Department
                                                                                                          publication of this notice in the Federal
                                                     Comment 5: Correct Assessment Rate                                                                         will assume that such companies
                                                                                                          Register. All submissions must be filed
                                                     Comment 6: Level of Trade                                                                                  continue to operate in the same manner
                                                                                                          electronically at http://access.trade.gov
                                                     Liguori                                                                                                    and will collapse them for respondent
                                                                                                          in accordance with 19 CFR 351.303.1
                                                     Comment 7: Depreciation of Idled Asset                                                                     selection purposes. Otherwise, the
                                                     Comment 8: Semolina Costs
                                                                                                          Such submissions are subject to
                                                                                                                                                                Department will not collapse companies
                                                     Comment 9: Home Market Inland Freight                verification in accordance with section
                                                                                                                                                                for purposes of respondent selection.
                                                     Comment 10: Shape Classification                     782(i) of the Tariff Act of 1930, as
                                                                                                                                                                Parties are requested to (a) identify
                                                  VI. Recommendation                                      amended (‘‘the Act’’). Further, in
                                                                                                                                                                which companies subject to review
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          accordance with 19 CFR 351.303(f)(1)(i),
                                                  [FR Doc. 2016–30324 Filed 12–15–16; 8:45 am]                                                                  previously were collapsed, and (b)
                                                                                                          a copy must be served on every party on
                                                  BILLING CODE 3510–DS–P                                                                                        provide a citation to the proceeding in
                                                                                                          the Department’s service list.
                                                                                                                                                                which they were collapsed. Further, if
                                                                                                            1 See Antidumping and Countervailing Duty
                                                                                                                                                                companies are requested to complete
                                                                                                          Proceedings: Electronic Filing Procedures;
                                                                                                                                                                the Quantity and Value (‘‘Q&V’’)
                                                                                                          Administrative Protective Order Procedures, 76 FR     Questionnaire for purposes of
                                                                                                          39263 (July 6, 2011).                                 respondent selection, in general each


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Document Created: 2018-02-14 09:07:22
Document Modified: 2018-02-14 09:07:22
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 December 16, 2016.
ContactJoy Zhang (Liguori) or George McMahon (Indalco), 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 91120 

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