82 FR 34481 - Certain Pasta From Italy: Preliminary Results of Countervailing Duty Administrative Review; 2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 141 (July 25, 2017)

The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty (CVD) order on certain pasta from Italy. The period of review (POR) is January 1, 2015, through December 31, 2015. We preliminarily find that the sole respondent under review, Liguori Pastificio dal 1820 S.p.A. (Liguori), received countervailable subsidies during the POR. Interested parties are invited to comment on these preliminary results.

[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)]
[Notices]
[Pages 34481-34483]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15562]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-819]


Certain Pasta From Italy: Preliminary Results of Countervailing 
Duty Administrative Review; 2015

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

SUMMARY: The Department of Commerce (the Department) is conducting an

[[Page 34482]]

administrative review of the countervailing duty (CVD) order on certain 
pasta from Italy. The period of review (POR) is January 1, 2015, 
through December 31, 2015. We preliminarily find that the sole 
respondent under review, Liguori Pastificio dal 1820 S.p.A. (Liguori), 
received countervailable subsidies during the POR. Interested parties 
are invited to comment on these preliminary results.

DATES: Issued July 25, 2017.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-1785.

SUPPLEMENTARY INFORMATION: 

Background

    On July 5, 2016, the Department published a notice of an 
opportunity to request an administrative review of the countervailing 
duty order on certain pasta from Italy.\1\ We received review requests 
from the following eight producers/exporters of the subject 
merchandise: (1) GR.A.M.M. S.R.L. (GR.A.M.M.); (2) La Fabbrica Della 
Pasta Di Gragnano S.A.S. di Antonio Moccia (La Fabbrica); (3) Liguori 
Pastificio dal 1820 S.p.A. (Liguori); (4) Pastificio Andalini S.p.A. 
(Andalini); (5) Pastificio Labor S.r.L.(Labor); (6) Pastificio Zaffiri 
S.r.l (Zaffiri); (7) Premiato Pastificio Afeltra S.r.l (Premiato); (8) 
Tesa SrL (Tesa).\2\ On September 12, 2016, we initiated a review of the 
eight producers/exporters.\3\ On November 7, 2016, Tesa SrL withdrew 
its request for review.\4\ On October 27, 2016, we selected Liguori and 
Andalini as mandatory respondents in this review.\5\ On December 12, 
2016, Andalini, GR.A.M.M., La Fabbrica, Labor, Premiato, and Zaffiri, 
withdrew their requests for administrative review.\6\ As a result of 
the timely withdrawals of their requests for review, we rescinded the 
administrative review with respect to these seven companies.\7\
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    \1\ On July 5, 2016, we published a notice of ``Opportunity to 
Request Administrative Review of the CVD Order.
    \2\ See Letter from Pastificio Zaffiri S.r.l. to the Department, 
``Certain Pasta from Italy, C-475-819; Request for Administrative 
Review by Pastificio Zaffiri S.r.l.,'' (July 29, 2016); Letter from 
Pastificio Andalini, S.p.A., ``Certain Pasta from Italy, C-475-819; 
Request for Administrative Review by Pastificio Andalini, S.p.A.,'' 
(July 29, 2016); Letter from Premiato Pastificio Afeltra 
S.r.l.,''Certain Pasta from Italy, C-475-819; Request for 
Administrative Review by Premiato Pastificio Afeltra S.r.l.,'' (July 
29, 2016); Letter from La Fabbrica della Pasta di Gagnano S.A.S., 
``Certain Pasta from Italy, C-475-819; Request for Administrative 
Review by La Fabbrica della Pasta di Gragnano S.A.S.; Letter from 
Labor S.R.L., ``Certain Pasta from Italy, C-475-819; Request for 
Administrative Review by Labor S.R.L.,'' (July 29, 2016); Letter 
from GR.A.M.M. S.R.L., ``Certain Pasta from Italy, C-475-819; 
Request for Administrative Review by GR.A.M.M. S.R.L.,'' (July 29, 
2016); Letter from Liguori Pastificio dal 1820 S.p.A., ``Certain 
Pasta from Italy: Countervailing Duty Administrative Review 
Request,'' (August 1, 2016); letter from Tesa SrL, ``Pasta from 
Italy; Request for Administrative Review,'' (August 1, 2016).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 62720 (September 12, 2016).
    \4\ See Letter from Tesa SrL to the Department, ``Pasta from 
Italy; Withdrawal of request for Administrative Review,'' dated 
November 7, 2016.
    \5\ See Letter to James Maeder, Senior Office Director, AD/CVD 
Operations, Office I, ``Countervailing Duty Administrative Review of 
Certain Pasta from Italy: Respondent Selection,'' dated October 27, 
2016.
    \6\ See Letter from Andalini to the Department, ``Certain Pasta 
from Italy, C-475-819; Withdrawal of Request for Administrative 
Review by Pastificio Andalini, S.p.A.,'' dated December 12, 2016; 
Letter from GR.A.M.M., ``Certain Pasta from Italy, C-475-819; 
Withdrawal of Request for Administrative Review by GR.A.M.M. Srl,'' 
(December 12, 2016); Letter from Premiato, ``Certain Pasta from 
Italy, C-475-819; Withdrawal of Request for Administrative Review by 
Premiato Pastificio Afeltra S.r.l'' (December 12, 2016); Letter from 
Labor, ``Certain Pasta from Italy, C-475-819; Withdrawal of Request 
for Administrative Review by Labor Srl'' (December 12, 2016); Letter 
from La Fabbrica, ``Certain Pasta from Italy, C-475-819; Withdrawal 
of Request for Administrative Review by La Fabbrica della Pasta di 
Gragnano S.AS.'' (December 12, 2016); Letter from Zaffiri, ``Certain 
Pasta from Italy, C-475-819; Withdrawal of Request for 
Administrative Review by Pastificio Zaffiri S.r.l'' (December 12, 
2016).
    \7\ See Certain Pasta from Italy: Partial Rescission of 
Countervailing Duty Administrative Review; 2015, 82 FR 820 (January 
4, 2017).
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Scope of the Order

    The merchandise covered by this order is certain pasta from Italy 
and 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.\8\
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    \8\ For a complete description of the scope of the order, see 
``Decision Memorandum for Preliminary Results of the Countervailing 
Duty Administrative Review: Certain Pasta from Italy,'' from James 
Maeder, Senior Director performing the duties of Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Gary Taverman, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, performing the non-exclusive 
functions and duties of the Assistant Secretary for Enforcement and 
Compliance, dated concurrently with this notice (Preliminary 
Decision Memorandum).
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Methodology

    We are conducting this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found to be countervailable, we preliminarily 
find that there is a subsidy, i.e., a government-provided financial 
contribution that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\9\ For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum. 
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 https://access.trade.gov and 
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.
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    \9\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and, section 771(5A) of the Act regarding specificity.
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Preliminary Results of the Review

    In accordance with 19 CFR 351.221(b)(4)(i), we calculated the 
following individual countervailable subsidy rate for the mandatory 
respondent, Liguori, for the period January 1, 2015 through December 
31, 2015:

------------------------------------------------------------------------
                                                            Net subsidy
                    Producer/exporter                     rate (percent)
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Liguori Pastificio dal 1820 S.p.A. (Liguori)............           1.62
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Disclosure and Public Comment

    We will disclose to parties in this review the calculations 
performed in reaching the preliminary results within five days of 
publication of these preliminary results.\10\ Interested parties may 
submit written comments (case briefs) on the preliminary results no 
later than 30 days from the date of publication of this Federal 
Register notice, and rebuttal comments (rebuttal briefs) within five 
days after the time limit for filing case briefs.\11\ Pursuant to 19 
CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in 
the case briefs. Parties who submit arguments are requested to submit 
with the argument: (1) A statement of the issue; (2) a brief summary of 
the

[[Page 34483]]

argument; and (3) a table of authorities.\12\
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    \10\ See 19 CFR 351.224(b).
    \11\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
    \12\ 19 CFR 351.309(c)(2) and (d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\13\ Hearing requests should contain: (1) 
The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Issues 
addressed at the hearing will be limited to those raised in the briefs. 
If a request for a hearing is made, parties will be notified of the 
date and time for the hearing to be held at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.\14\ The 
Department intends to issue the final results of this administrative 
review, including the results of our analysis of the issues raised by 
the parties in their comments, no later than 120 days after the date of 
publication of this notice, pursuant to section 751(a)(3)(A) of the Act 
and 19 CFR 351.213(h), unless this deadline is extended.
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    \13\ See 19 CFR 351.310(c).
    \14\ See 19 CFR 351.310(d).
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Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), we have preliminarily 
assigned a subsidy rate to the sole producer/exporter subject to this 
administrative review. Upon issuance of the final results, the 
Department will determine, and U.S. Customs and Border Protection (CBP) 
shall assess, countervailing duties on all appropriate entries covered 
by this review. We intend to issue instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, the Department 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amount shown above for Liguori on 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review. For all non-reviewed firms, we 
will instruct CBP to continue to collect cash deposits at the most 
recent company specific or all-others rate applicable to the company. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
    These preliminary results and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 
351.221(b)(4).

    Dated: July 18, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

    List of Topics Discussed in the Preliminary Decision Memorandum:

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of the Order
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Recommendation

[FR Doc. 2017-15562 Filed 7-24-17; 8:45 am]
 BILLING CODE 3510-DS-P