82 FR 57428 - Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 232 (December 5, 2017)
International Trade Administration
Federal Register Volume 82, Issue 232 (December 5, 2017)
| Page Range | 57428-57430 | |
| FR Document | 2017-26165 |
[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)] [Notices] [Pages 57428-57430] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26165] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-475-818] Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 3, 2017, 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, 2015, through June 30, 2016. As a result of our analysis of the comments and information received, [[Page 57429]] these final results differ from the Preliminary Results with respect to Ghigi 1870 S.p.A. and Pasta Zara S.p.A. (collectively, Ghigi/Zara).\1\ For the final weighted-average dumping margins, see the ``Final Results of Review'' section below. --------------------------------------------------------------------------- \1\ See Memorandum titled ``2015-2016 Antidumping Duty Administrative Review of Certain Pasta from Italy: Ghigi and Zara Collapsing Memorandum,'' dated July 31, 2017. --------------------------------------------------------------------------- DATES: Applicable December 5, 2017. FOR FURTHER INFORMATION CONTACT: Joy Zhang (Ghigi/Zara) or George McMahon (Indalco), AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1168 or (202) 482-1167, respectively. SUPPLEMENTARY INFORMATION: Background On August 3, 2017, the Department of Commerce (the Department) published the Preliminary Results.\2\ In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to comment on our Preliminary Results. On September 5, 2017, the petitioners and Ghigi/Zara submitted their case briefs. On September 11, 2017, the petitioners and Ghigi/ Zara submitted their rebuttal briefs.\3\ On September 5, 2017 Ghigi/ Zara submitted a request for a hearing, which it withdrew on October 20, 2017.\4\ --------------------------------------------------------------------------- \2\ See Certain Pasta from Italy: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016, 82 FR 36126 (August 3, 2017) (Preliminary Results), and accompanying Preliminary Decision Memorandum. \3\ See Petitioners' case brief, dated September 5, 2017, Ghigi/ Zara's case brief, dated September 5, 2017, Petitioners' rebuttal brief, dated September 11, 2017 and Ghigi/Zara's rebuttal brief, dated September 11, 2017. \4\ See letter titled ``Certain Pasta from Italy: Request for a Hearing,'' dated September 5, 2017; see also letter titled ``Certain Pasta from Italy: Withdrawal of Request for Hearing,'' dated October 20, 2017. --------------------------------------------------------------------------- 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'', 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 Ghigi/Zara's weighted-average dumping margin.\6\ As a result of the recalculation of the rate for Ghigi/Zara, the weighted- average dumping margin for the non-selected companies has changed. The weighted-average dumping margin for Indalco remains unchanged from the Preliminary Results. --------------------------------------------------------------------------- \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 that is above de minimis for Ghigi/Zara and a de minimis margin for Indalco for the period July 1, 2015, through June 30, 2016. Therefore, in accordance with section 735(c)(5)(A) of the Act, the Department assigned the weighted-average dumping margin calculated for Ghigi/Zara to the four non-selected companies in these final results, as referenced below. ------------------------------------------------------------------------ Weighted- average Producer and/or exporter dumping margin (percent) ------------------------------------------------------------------------ Ghigi 1870 S.p.A. and Pasta Zara S.p.A. (Zara) (collectively 5.30 Ghigi/Zara) \7\............................................ Industria Alimentare Colavita S.p.A. (Indalco).............. 0.00 GR.A.M.M. S.r.l............................................. 5.30 Pastificio Andalini S.p.A. (Andalini)....................... 5.30 Pastificio Zaffiri S.r.l. (Zaffiri)......................... 5.30 Tesa SrL (Tesa)............................................. 5.30 ------------------------------------------------------------------------ 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 respondent 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. 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. --------------------------------------------------------------------------- \7\ See Memorandum titled ``2015-2016 Antidumping Duty Administrative Review of Certain Pasta from Italy: Ghigi and Zara Collapsing Memorandum,'' dated July 31, 2017. \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). --------------------------------------------------------------------------- In accordance with the Department's ``automatic assessment'' practice, for entries of subject merchandise during the POR produced by each respondent for which it did not know that its 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 assessment instructions directly to CBP 15 days [[Page 57430]] 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 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 351.221(b)(5). Dated: November 29, 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 Final Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. List of Comments V. Analysis of Comments Comment 1: Whether to Include Expenses Related to Contract Cancellation Charges in Ghigi's General and Administrative (G&A) Expense Calculation Comment 2: Whether to Adjust Zara's G&A Expense Calculation to Reclassify Certain Expenses Comment 3: Whether to Revise Manufacturer Field Coding Comment 4: Whether to Revise Differential Pricing Methodology VI. Recommendation [FR Doc. 2017-26165 Filed 12-4-17; 8:45 am] BILLING CODE 3510-DS-P
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SUMMARY: As a result of the On November 3, 2017, pursuant to provided for convenience and customs
determination by the Department of sections 751(c) and 752(a) of the Act, purposes, the written description of the
Commerce (the Department) and the the ITC published a notice of its merchandise under the investigation is
International Trade Commission (ITC) determination that revocation of the AD dispositive.
that revocation of the antidumping duty and CVD orders on Steel Cylinders Continuation of the Orders
(AD) and countervailing duty (CVD) would likely lead to continuation or
orders on high pressure steel cylinders recurrence of material injury to an As a result of the determinations by
(Steel Cylinders) from the People’s industry in the United States within a the Department and the ITC that
Republic of China (PRC) would likely reasonably foreseeable time.5 revocation of the AD and CVD orders
lead to a continuation or recurrence of would likely lead to continuation or
Scope of the Orders recurrence of dumping and
dumping and countervailable subsidies
and material injury to an industry in the The merchandise covered by these countervailable subsidies and material
United States, the Department is orders is seamless steel cylinders injury to an industry in the United
publishing a notice of continuation of designed for storage or transport of States, pursuant to section 751(d)(2) of
the AD and CVD orders. compressed or liquefied gas (high the Act and 19 CFR 351.218(a), the
pressure steel cylinders). High pressure Department hereby orders the
DATES: Applicable December 5, 2017.
steel cylinders are fabricated of chrome continuation of the AD and CVD orders
FOR FURTHER INFORMATION CONTACT: on Steel Cylinders from the PRC.
alloy steel including, but not limited to,
Mark Kennedy, AD/CVD Operations, U.S. Customs and Border Protection
chromium-molybdenum steel or
Office I, or Paul Walker, AD/CVD will continue to collect AD and CVD
chromium magnesium steel, and have
Operations, Office V, Enforcement and cash deposits at the rates in effect at the
permanently impressed into the steel,
Compliance, International Trade time of entry for all imports of subject
either before or after importation, the
Administration, U.S. Department of merchandise. The effective date of
symbol of a U.S. Department of
Commerce, 1401 Constitution Avenue continuation of these orders will be the
Transportation, Pipeline and Hazardous
NW., Washington, DC 20230; telephone: date of publication in the Federal
Materials Safety Administration (DOT)-
(202) 482–7883 and (202) 482–0413, Register of this notice of continuation.
approved high pressure steel cylinder
respectively. Pursuant to section 751(c)(2) of the Act,
manufacturer, as well as an approved
SUPPLEMENTARY INFORMATION: DOT type marking of DOT 3A, 3AX, the Department intends to initiate the
3AA, 3AAX, 3B, 3E, 3HT, 3T, or DOT– next five-year review of these orders not
Background later than 30 days prior to the fifth
E (followed by a specific exemption
On June 21, 2012, the Department number) in accordance with the anniversary of the effective date of
published in the Federal Register the requirements of sections 178.36 through continuation.
AD and CVD orders on Steel Cylinders 178.68 of Title 49 of the Code of Federal These five-year sunset reviews and
from the PRC.1 On May 1, 2017, the Regulations, or any subsequent this notice are in accordance with
Department published the notice of amendments thereof. High pressure section 751(c) of the Act and published
initiation of the first sunset reviews of steel cylinders covered by these pursuant to section 777(i)(1) of the Act,
the AD and CVD orders on Steel investigations have a water capacity up and 19 CFR 351.218(f)(4).
Cylinders 2 from the PRC pursuant to to 450 liters, and a gas capacity ranging Dated: November 29, 2017.
section 751(c) of the Tariff Act of 1930, from 8 to 702 cubic feet, regardless of Gary Taverman,
as amended (the Act). On May 1, 2017, corresponding service pressure levels Deputy Assistant Secretary for Antidumping
the ITC instituted its review of the and regardless of physical dimensions, and Countervailing Duty Operations,
orders.3 finish or coatings. performing the non-exclusive functions and
As a result of these expedited sunset Excluded from the scope of these duties of the Assistant Secretary for
reviews, the Department determined orders are high pressure steel cylinders Enforcement and Compliance.
that revocation of the AD order on Steel manufactured to UN–ISO–9809–1 and 2 [FR Doc. 2017–26164 Filed 12–4–17; 8:45 am]
Cylinders from the PRC would likely specifications and permanently BILLING CODE 3510–DS–P
lead to continuation or recurrence of impressed with ISO or UN symbols.
dumping, and that revocation of the Also excluded from the investigation are
CVD order on Steel Cylinders from the acetylene cylinders, with or without DEPARTMENT OF COMMERCE
PRC would likely lead to continuation internal porous mass, and permanently
or recurrence of of countervailable International Trade Administration
impressed with 8A or 8AL in
subsidies. The Department, therefore, accordance with DOT regulations. [A–475–818]
notified the ITC of the magnitude of the Merchandise covered by these orders
dumping margins and countervailable is classified in the Harmonized Tariff Certain Pasta From Italy: Final Results
subsidy rates likely to prevail should Schedule of the United States (HTSUS) of Antidumping Duty Administrative
the AD and CVD orders be revoked.4 under subheading 7311.00.00.30. Review; 2015–2016
Subject merchandise may also enter AGENCY: Enforcement and Compliance,
1 See High Pressure Steel Cylinders from the
under HTSUS subheadings International Trade Administration,
People’s Republic of China: Antidumping Duty
Order, 77 FR 37377 (June 21, 2012) (AD Order); see 7311.00.00.60 or 7311.00.00.90. Department of Commerce.
also High Pressure Steel Cylinders from the People’s Although the HTSUS subheadings are
SUMMARY: On August 3, 2017, the
Republic of China: Countervailing Duty Order, 77
Department of Commerce (the
sradovich on DSK3GMQ082PROD with NOTICES
FR 37384 (June 21, 2012) (CVD Order). also High Pressure Steel Cylinders from the People’s
2 See Initiation of Five-Year ‘‘Sunset’’ Review, 82
Republic of China: Final Results of Expedited Department) published the preliminary
FR 20314 (May 1, 2017). Sunset Review of the Countervailing Duty Order, 82 results of the antidumping duty
3 See High Pressure Steel Cylinders from China, FR 41936 (September 5, 2017). administrative review of certain pasta
82 FR 20373 (May 1, 2017). 5 See High Pressure Steel Cylinders from China,
(pasta) from Italy. The period of review
4 See High Pressure Steel Cylinders from the 82 FR 51290 (November 3, 2017) and ITC
People’s Republic of China: Final Results of the Publication titled Steel Cylinders from the PRC:
(POR) is July 1, 2015, through June 30,
Expedited First Sunset Review of the Antidumping Investigation No. 701–480 (First Review) (October 2016. As a result of our analysis of the
Duty Order, 82 FR 41607 (September 1, 2017); see 31, 2017). comments and information received,
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after publication of the final results of of the proceeding. Timely written financial resource reporting
this review. notification of the return/destruction of requirements applicable to derivatives
APO materials, or conversion to judicial clearing organizations.
Cash Deposit Requirements
protective order, is hereby requested. DATES: Comments must be submitted on
The following cash deposit Failure to comply with the regulations or before February 5, 2018.
requirements will be effective upon and the terms of an APO is a
publication of the notice of final results ADDRESSES: You may submit comments,
sanctionable violation.
of administrative review for all identified by ‘‘OMB Control Number
We are issuing and publishing this
shipments of subject merchandise 3038–0066’’ by any of the following
notice in accordance with sections
entered, or withdrawn from warehouse, methods:
751(a)(1) and 777(i)(1) of the Act and 19
for consumption on or after the • The Agency’s Web site, at http://
CFR 351.221(b)(5).
publication of the final results of this comments.cftc.gov/. Follow the
Dated: November 29, 2017. instructions for submitting comments
administrative review, as provided by
section 751(a)(2) of the Act: (1) The cash Gary Taverman, through the Web site.
deposit rate for respondents noted above Deputy Assistant Secretary for Antidumping • Mail: Christopher Kirkpatrick,
will be the rate established in the final and Countervailing Duty Operations, Secretary of the Commission,
results of this administrative review; (2) performing the non-exclusive functions and Commodity Futures Trading
duties of the Assistant Secretary for Commission, Three Lafayette Centre,
for merchandise exported by Enforcement and Compliance.
manufacturers or exporters not covered 1155 21st Street NW., Washington, DC
in this administrative review but Appendix 20581.
covered in a prior segment of the List of Topics Discussed in the Final Issues • Hand Delivery/Courier: Same as
proceeding, the cash deposit rate will and Decision Memorandum Mail above.
continue to be the company specific rate
I. Summary
• Federal eRulemaking Portal: http://
published for the most recently II. Background www.regulations.gov. Follow the
completed segment of this proceeding; III. Scope of the Order instructions for submitting comments
(3) if the exporter is not a firm covered IV. List of Comments through the Portal.
in this review, a prior review, or the V. Analysis of Comments Please submit your comments using
original investigation, but the Comment 1: Whether to Include Expenses only one method. All comments must be
manufacturer is, the cash deposit rate Related to Contract Cancellation Charges submitted in English or, if not,
will be the rate established for the most in Ghigi’s General and Administrative accompanied by an English translation.
recently completed segment of this (G&A) Expense Calculation Comments will be posted as received to
Comment 2: Whether to Adjust Zara’s G&A
proceeding for the manufacturer of the http://www.cftc.gov.
Expense Calculation to Reclassify
subject merchandise; and (4) the cash Certain Expenses FOR FURTHER INFORMATION CONTACT:
deposit rate for all other manufacturers Comment 3: Whether to Revise Jocelyn Partridge, Special Counsel,
or exporters will continue to be 15.45 Manufacturer Field Coding Division of Clearing and Risk, (202)
percent, the all-others rate established Comment 4: Whether to Revise Differential 418–5926, email: jpartridge@cftc.gov.
in the antidumping investigation as Pricing Methodology
VI. Recommendation SUPPLEMENTARY INFORMATION: Under the
modified by the section 129
determination. These cash deposit PRA, Federal agencies must obtain
[FR Doc. 2017–26165 Filed 12–4–17; 8:45 am]
requirements, when imposed, shall approval from the Office of Management
BILLING CODE 3510–DS–P
remain in effect until further notice. and Budget (OMB) for each collection of
information they conduct or sponsor.
Notification to Importers Regarding the ‘‘Collection of Information’’ is defined
Reimbursement of Duties COMMODITY FUTURES TRADING in 44 U.S.C. 3502(3) and 5 CFR 1320.3
COMMISSION and includes agency requests or
This notice also serves as a final
reminder to importers of their requirements that members of the public
Agency Information Collection
responsibility under 19 CFR 351.402(f) submit reports, keep records, or provide
Activities: Notice of Intent To Extend
to file a certificate regarding the information to a third party. An agency
Collection 3038–0066: Financial
reimbursement of antidumping and/or may not conduct or sponsor, and a
Resource Requirements for
countervailing duties prior to person is not required to respond to, a
Derivatives Clearing Organizations
liquidation of the relevant entries collection of information unless it
during the POR. Failure to comply with AGENCY: Commodity Futures Trading displays a valid OMB control number.
this requirement could result in the Commission. Section 3506(c)(2)(A) of the PRA, 44
Department’s presumption that ACTION: Notice. U.S.C. 3506(c)(2)(A), requires a Federal
reimbursement of antidumping and/or agency to provide a 60-day notice in the
countervailing duties occurred and the SUMMARY: The Commodity Futures Federal Register concerning each
subsequent assessment of doubled Trading Commission (CFTC) is proposed collection of information,
antidumping duties. announcing an opportunity for public including each proposed extension of an
comment on the proposed extension of existing collection of information,
Administrative Protective Order a collection of certain information by before submitting the collection to OMB
This notice also serves as a reminder the agency. Under the Paperwork for approval. To comply with this
to parties subject to administrative Reduction Act (PRA), Federal agencies requirement, the Commission is
sradovich on DSK3GMQ082PROD with NOTICES
protective orders (APO) of their are required to publish notice in the publishing notice of the proposed
responsibility concerning the return or Federal Register concerning each extension of the collection of
destruction of proprietary information proposed collection of information, information listed below.
disclosed under APO in accordance including each proposed extension of an Title: Financial Resource
with 19 CFR 351.305(a)(3), which existing collection of information, and Requirements for Derivatives Clearing
continues to govern business to allow 60 days for public comment. Organizations (OMB Control No. 3038–
proprietary information in this segment This notice solicits comments on certain 0066). This is a request for an extension
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Document Created: 2017-12-04 23:44:59
Document Modified: 2017-12-04 23:44:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable December 5, 2017. | |
| Contact | Joy Zhang (Ghigi/Zara) or George McMahon (Indalco), AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1168 or (202) 482-1167, respectively. | |
| FR Citation | 82 FR 57428 |
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