83_FR_2782 83 FR 2769 - Certain Pasta From Italy: Notice of Partial Rescission of Antidumping Duty Administrative Review

83 FR 2769 - Certain Pasta From Italy: Notice of Partial Rescission of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 13 (January 19, 2018)

Page Range2769-2770
FR Document2018-00923

Federal Register, Volume 83 Issue 13 (Friday, January 19, 2018) 
[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)]
[Notices]
[Pages 2769-2770]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00923]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Notice of Partial Rescission of 
Antidumping Duty Administrative Review

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

DATES: Applicable January 19, 2018.

FOR FURTHER INFORMATION CONTACT: Joy Zhang or George McMahon, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1168 or (202) 482-1167, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 3, 2017, the Department of Commerce (Commerce) published a 
notice of opportunity to request an administrative review of the 
antidumping duty order on certain pasta from Italy.\1\ Pursuant to 
requests from interested parties,\2\ Commerce published in the Federal 
Register the notice of initiation of this antidumping duty 
administrative review with respect to the following companies for the 
period July 1, 2016, through June 30, 2017: Agritalia S.r.L. 
(Agritalia), Alessio

[[Page 2770]]

Panarese Soceieta Agricola (Alessio), Antico Pastificio Morelli 1860 
S.r.l. (Antico), Colussi SpA (Colussi), Francesco Tamma S.p.A. (Tamma), 
Ghigi 1870 S.p.A. (Ghigi), Ghigi Industria Agroalimentare in San 
Clemente S.r.l.,\3\ G.R.A.M.M. S.r.l. (GR.A.M.M.), Industria Alimentare 
Colavita S.p.A. (Indalco), La Molisana S.p.A. (La Molisana), Liguori 
Pastificio dal 1820 S.p.A. (Liguori), Pasta Zara S.p.A. (Zara), 
Pastificio Andalini S.p.A. (Andalini), Pastificio Fratelli DeLuca 
S.r.l. (DeLuca), Pastificio Menucci SpA (Menucci), Pastificio Zaffiri 
S.r.l. (Zaffiri), and Tesa SrL (Tesa).\4\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 82 FR 30833 (July 3, 2017).
    \2\ The petitioners are Dakota Growers Pasta Company, Riviana 
Foods (formerly New World Pasta Company) and Treehouse Foods 
(formerly American Italian Pasta Company). The petitioners requested 
a review of Industria Alimentare Colavita S.p.A., Ghigi Industria 
Agroalimentare in San Clemente S.r.l. and its affiliate Pasta Zara 
S.p.A., and Agritalia S.r.L. See Letter from the petitioners to 
Commerce, ``Request for 2016-2017 Administrative Reviews of the 
Antidumping Duty Order on Certain Pasta from ltaly,'' dated July 31, 
2017.
    \3\ In the 2015-16 antidumping duty review of Certain Pasta from 
Italy, Commerce determined that Ghigi 1870 S.p.A. was formerly known 
as Ghigi Industria Agroalimentare in San Clemente S.r.l. See 
Memorandum titled ``2015-2016 Antidumping Duty Administrative Review 
of Certain Pasta from Italy: Ghigi and Zara Collapsing Memorandum,'' 
dated July 31, 2017.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 42974 (September 13, 2017) (Initiation 
Notice).
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    On September 18, 2017, La Molisana timely withdrew its request for 
a review.\5\ On November 13, 2017, Tamma timely withdrew its request 
for a review.\6\ On December 12, 2017, Andalini, DeLuca, GR.A.M.M., and 
Zaffiri timely withdrew their respective requests for an administrative 
review.\7\ No other party requested an administrative review of these 
particular companies.
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    \5\ See Letter from Tamma to Commerce, ``Certain Pasta from 
Italy: Withdrawal of Antidumping Duty Administrative Review 
Request,'' dated November 13, 2017.
    \6\ See Letter from La Molisana to Commerce, ``Certain Dry Pasta 
from Italy, A-475-818; Withdraw Request for Review,'' dated 
September 18, 2017.
    \7\ See Letter from DeLuca, GR.A.M.M., Andalini, and Zaffiri to 
Commerce, ``Certain Dry Pasta from Italy, A-475-818; Withdraw 
Request for Review,'' dated December 12, 2017.
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Partial Rescission of the 2016-2017 Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation of the requested review. All of 
the aforementioned withdrawal requests were timely submitted and no 
other interested party requested an administrative review of these 
particular companies. Therefore, in accordance with 19 CFR 
351.213(d)(1), and consistent with our practice,\8\ we are rescinding 
this review of the antidumping duty order on certain pasta from Italy, 
in part, with respect to Andalini, DeLuca, GR.A.M.M., La Molisana, 
Tamma, and Zaffiri.
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    \8\ See, e.g., Certain Lined Paper Products from India: Notice 
of Partial Rescission of Antidumping Duty Administrative Review and 
Extension of Time Limit for the Preliminary Results of Antidumping 
Duty Administrative Review, 74 FR 21781 (May 11, 2009); see also 
Carbon Steel Butt-Weld Pipe Fittings from Thailand: Rescission of 
Antidumping Duty Administrative Review, 74 FR 7218 (February 13, 
2009).
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Assessment

    Commerce will instruct Customs and Border Protection (CBP) to 
assess antidumping duties on all appropriate entries. For the companies 
for which this review is rescinded, Andalini, DeLuca, GR.A.M.M., La 
Molisana, Tamma, and Zaffiri, antidumping duties shall be assessed at 
rates equal to the cash deposit of estimated antidumping duties 
required at the time of entry, or withdrawal from warehouse, for 
consumption, during the period July 1, 2016, through June 30, 2017, in 
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of this notice.

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of doubled antidumping 
duties.

Notification Regarding Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
an 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 terms of an APO 
is a violation which is subject to sanction.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 
CFR 351.213(d)(4).

    Dated: January 12, 2018.
James Maeder,
Senior Director performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-00923 Filed 1-18-18; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Notices 2769 DATES: Applicable December 19, 2017. Scrap for LTAR programs by This amended preliminary FOR FURTHER INFORMATION CONTACT: unintentionally double-counting the determination is published in Dennis McClure or Jinny Ahn, AD/CVD distance for inland freight. We agree. accordance with sections 705(e) and Operations, Office VIII, Enforcement Therefore, as explained in the 777(i)(1) of the Act and 19 CFR and Compliance, International Trade Ministerial Error Memorandum issued 351.224(e) and (g). Administration, Department of concurrently with this notice,4 and Dated: January 12, 2018. Commerce, 14th Street and Constitution pursuant to 19 CFR 351.224(e) and (g), Gary Taverman, Avenue NW, Washington, DC 20230; Commerce is amending the Preliminary Deputy Assistant Secretary for Antidumping telephone: (202) 482–5973 or (202) 482– Determination to reflect the correction and Countervailing Duty Operations, 0339, respectively. of a significant ministerial error made in performing the non-exclusive functions and SUPPLEMENTARY INFORMATION: On the calculation of the subsidy rate for duties of the Assistant Secretary for December 19, 2017, Commerce Wor-Biz. Enforcement and Compliance. published in the Federal Register the Amended Preliminary Determination [FR Doc. 2018–00924 Filed 1–18–18; 8:45 am] preliminary determination of the CVD BILLING CODE 3510–DS–P investigation of cast iron soil pipe We are amending the preliminary fittings from China.1 On December 18, subsidy rate for Wor-Biz pursuant to 19 2017, Wor-Biz International Trading CFR 351.224(e). In addition, because the DEPARTMENT OF COMMERCE Co., Ltd. (Anhui) (Wor-Biz) timely preliminary ‘‘All-Others’’ Rate was alleged that Commerce made a based on the weighted average of the International Trade Administration significant ministerial error in the subsidy rates calculated for Wor-Biz and [A–475–818] Preliminary Determination. Shanxi Xuanshi Industrial Group Co., Significant Ministerial Error Ltd,5 we are also amending the ‘‘All- Certain Pasta From Italy: Notice of Others’’ rate to account for the change Partial Rescission of Antidumping A ministerial error, as defined in in Wor-Biz’s subsidy rate. Further, Duty Administrative Review section 705(e) of the Tariff Act of 1930, because the adverse facts available rate as amended (the Act), includes ‘‘errors AGENCY: Enforcement and Compliance, assigned to the non-cooperative International Trade Administration, in addition, subtraction, or other respondent Shijiazhuang Chengmei arithmetic function, clerical errors Department of Commerce. Import & Export Co., Ltd. was resulting from inaccurate copying, DATES: Applicable January 19, 2018. determined using, in part, the highest duplication, or the like, and any other calculated program-specific rates FOR FURTHER INFORMATION CONTACT: Joy type of unintentional error which the determined for the cooperating Zhang or George McMahon, AD/CVD administering authority considers respondents,6 we are also amending the Operations, Office III, Enforcement and ministerial.’’ 2 With respect to Compliance, International Trade adverse facts available rate to account preliminary determinations, 19 CFR for our correction of Wor-Biz’s Provision Administration, U.S. Department of 351.224(e) provides that Commerce of Pig Iron for LTAR and Provision of Commerce, 1401 Constitution Avenue ‘‘will analyze any comments received Ferrous Scrap for LTAR program rates.7 NW, Washington, DC 20230; telephone: and, if appropriate, correct any (202) 482–1168 or (202) 482–1167, The revised subsidy rates are as follows: significant ministerial error by respectively. amending the preliminary Company Subsidy rate SUPPLEMENTARY INFORMATION: determination. . . .’’ A significant (percent) ministerial error is defined as an error, Background the correction of which, singly or in Shanxi Xuanshi Industrial On July 3, 2017, the Department of combination with other errors, would Group Co., Ltd .................. 8 8.66 Commerce (Commerce) published a result in: (1) A change of at least five Wor-Biz International Trading notice of opportunity to request an absolute percentage points in, but not Co., Ltd. (Anhui) ................ 7.37 administrative review of the less than 25 percent of, the All-Others .............................. 8.12 antidumping duty order on certain pasta countervailable subsidy rate calculated Shijiazhuang Chengmei Im- 96.96 from Italy. Pursuant to requests from 1 in the original (erroneous) preliminary port & Export Co., Ltd ....... interested parties,2 Commerce determination; or (2) a difference published in the Federal Register the between a countervailable subsidy rate 4 See Memorandum ‘‘Countervailing Duty notice of initiation of this antidumping of zero (or de minimis) and a Investigation of Cast Iron Soil Pipe Fittings from duty administrative review with respect countervailable subsidy rate of greater China: Allegation of Significant Ministerial Error in to the following companies for the than de minimis, or vice versa.3 the Preliminary Determination,’’ dated concurrently with this notice (Ministerial Error Memorandum). period July 1, 2016, through June 30, Ministerial Error Allegation This memorandum is on file electronically via 2017: Agritalia S.r.L. (Agritalia), Alessio Enforcement and Compliance’s Antidumping and Wor-Biz alleges that, in the Countervailing Duty Centralized Electronic Service 1 See Antidumping or Countervailing Duty Order, Preliminary Determination, Commerce System (ACCESS). ACCESS is available to Finding, or Suspended Investigation; Opportunity erred in calculating the benchmark registered users at http://access.trade.gov, and is To Request Administrative Review, 82 FR 30833 available to all parties in the Central Records Unit, (July 3, 2017). prices for the Provision of Pig Iron for room B8024 of the main Department of Commerce 2 The petitioners are Dakota Growers Pasta LTAR and the Provision of Ferrous building. 5 See Preliminary Determination, 82 FR at 60179. Company, Riviana Foods (formerly New World Pasta Company) and Treehouse Foods (formerly daltland on DSKBBV9HB2PROD with NOTICES 1 See Cast Iron Soil Pipe Fittings from the People’s 6 For further explanation, see Preliminary American Italian Pasta Company). The petitioners Republic of China: Preliminary Affirmative Determination and accompanying Preliminary requested a review of Industria Alimentare Colavita Countervailing Duty Determination and Alignment Decision Memorandum at ‘‘Use of Facts Otherwise S.p.A., Ghigi Industria Agroalimentare in San of Final Determination With Final Antidumping Available and Adverse Inferences.’’ Clemente S.r.l. and its affiliate Pasta Zara S.p.A., Duty Determination, 82 FR 60178 (December 19, 7 See Ministerial Error Memorandum for and Agritalia S.r.L. See Letter from the petitioners 2017) (Preliminary Determination) and additional information on the revised adverse facts to Commerce, ‘‘Request for 2016–2017 accompanying Preliminary Decision Memorandum. available rate. Administrative Reviews of the Antidumping Duty 2 See also 19 CFR 351.224(f). 8 This rate remains unchanged from the Order on Certain Pasta from ltaly,’’ dated July 31, 3 See 19 CFR 351.224(g)(1) and (2). Preliminary Determination. 2017. VerDate Sep<11>2014 17:05 Jan 18, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\19JAN1.SGM 19JAN1

2770 Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Notices Panarese Soceieta Agricola (Alessio), rescinding this review of the Dated: January 12, 2018. Antico Pastificio Morelli 1860 S.r.l. antidumping duty order on certain pasta James Maeder, (Antico), Colussi SpA (Colussi), from Italy, in part, with respect to Senior Director performing the duties of Francesco Tamma S.p.A. (Tamma), Andalini, DeLuca, GR.A.M.M., La Deputy Assistant Secretary for Antidumping Ghigi 1870 S.p.A. (Ghigi), Ghigi Molisana, Tamma, and Zaffiri. and Countervailing Duty Operations. Industria Agroalimentare in San [FR Doc. 2018–00923 Filed 1–18–18; 8:45 am] Clemente S.r.l.,3 G.R.A.M.M. S.r.l. Assessment BILLING CODE 3510–DS–P (GR.A.M.M.), Industria Alimentare Commerce will instruct Customs and Colavita S.p.A. (Indalco), La Molisana Border Protection (CBP) to assess S.p.A. (La Molisana), Liguori Pastificio antidumping duties on all appropriate DEPARTMENT OF COMMERCE dal 1820 S.p.A. (Liguori), Pasta Zara entries. For the companies for which S.p.A. (Zara), Pastificio Andalini S.p.A. this review is rescinded, Andalini, International Trade Administration (Andalini), Pastificio Fratelli DeLuca DeLuca, GR.A.M.M., La Molisana, S.r.l. (DeLuca), Pastificio Menucci SpA Tamma, and Zaffiri, antidumping duties [A–583–008] (Menucci), Pastificio Zaffiri S.r.l. shall be assessed at rates equal to the (Zaffiri), and Tesa SrL (Tesa).4 cash deposit of estimated antidumping Certain Circular Welded Carbon Steel On September 18, 2017, La Molisana duties required at the time of entry, or Pipes and Tubes From Taiwan: timely withdrew its request for a withdrawal from warehouse, for Amended Final Results of review.5 On November 13, 2017, Tamma consumption, during the period July 1, Antidumping Duty Administrative timely withdrew its request for a 2016, through June 30, 2017, in Review; 2015–2016 review.6 On December 12, 2017, accordance with 19 CFR Andalini, DeLuca, GR.A.M.M., and AGENCY: Enforcement and Compliance, 351.212(c)(1)(i). Commerce intends to International Trade Administration, Zaffiri timely withdrew their respective issue appropriate assessment requests for an administrative review.7 Department of Commerce. instructions directly to CBP 15 days No other party requested an after publication of this notice. SUMMARY: The Department of Commerce administrative review of these particular (Commerce) is amending the final companies. Notification to Importers results of the administrative review of the antidumping duty order on certain Partial Rescission of the 2016–2017 This notice serves as a reminder to circular welded carbon steel pipes and Administrative Review importers of their responsibility under tubes from Taiwan. The period of Pursuant to 19 CFR 351.213(d)(1), the 19 CFR 351.402(f)(2) to file a certificate review (POR) is May 1, 2015, through Secretary will rescind an administrative regarding the reimbursement of April 30, 2016. The amended final review, in whole or in part, if the parties antidumping and/or countervailing weighted-average dumping margin is that requested a review withdraw the duties prior to liquidation of the listed below in the section entitled request within 90 days of the date of relevant entries during this review ‘‘Amended Final Results.’’ publication of the notice of initiation of period. Failure to comply with this requirement could result in Commerce’s DATES: Applicable January 19, 2018. the requested review. All of the aforementioned withdrawal requests presumption that reimbursement of FOR FURTHER INFORMATION CONTACT: were timely submitted and no other antidumping and/or countervailing Scott Hoefke, AD/CVD Operations, interested party requested an duties occurred and the subsequent Office VI, Enforcement and Compliance, administrative review of these particular assessment of doubled antidumping International Trade Administration, companies. Therefore, in accordance duties. U.S. Department of Commerce, 1401 with 19 CFR 351.213(d)(1), and Constitution Avenue NW, Washington, Notification Regarding Administrative consistent with our practice,8 we are DC 20230; telephone: (202) 482–4947. Protective Order SUPPLEMENTARY INFORMATION: 3 In the 2015–16 antidumping duty review of This notice serves as a final reminder Certain Pasta from Italy, Commerce determined that to parties subject to administrative Background Ghigi 1870 S.p.A. was formerly known as Ghigi Industria Agroalimentare in San Clemente S.r.l. See protective orders (APOs) of their On November 20, 2017, Commerce Memorandum titled ‘‘2015–2016 Antidumping responsibility concerning the published the Final Results of this Duty Administrative Review of Certain Pasta from disposition of proprietary information review in the Federal Register.1 On Italy: Ghigi and Zara Collapsing Memorandum,’’ disclosed under an APO in accordance December 1, 2017, Shin Yang Steel Co., dated July 31, 2017. 4 See Initiation of Antidumping and with 19 CFR 351.305(a)(3), which Ltd. (Shin Yang) timely filed a Countervailing Duty Administrative Reviews, 82 FR continues to govern business ministerial error allegation concerning 42974 (September 13, 2017) (Initiation Notice). proprietary information in this segment the Final Results and requested, 5 See Letter from Tamma to Commerce, ‘‘Certain of the proceeding. Timely written pursuant to 19 CFR 351.224, that Pasta from Italy: Withdrawal of Antidumping Duty notification of the return/destruction of Commerce correct the alleged Administrative Review Request,’’ dated November 13, 2017. APO materials or conversion to judicial ministerial error.2 6 See Letter from La Molisana to Commerce, protective order is hereby requested. ‘‘Certain Dry Pasta from Italy, A–475–818; Failure to comply with the regulations 1 See Certain Circular Welded Carbon Steel Pipes Withdraw Request for Review,’’ dated September and terms of an APO is a violation and Tubes from Taiwan: Final Results of 18, 2017. which is subject to sanction. Antidumping Duty Administrative Review and 7 See Letter from DeLuca, GR.A.M.M., Andalini, Final Determination of No Shipments; 2015–2016, This notice is issued and published in daltland on DSKBBV9HB2PROD with NOTICES and Zaffiri to Commerce, ‘‘Certain Dry Pasta from 82 FR 55093 (November 20, 2017) (Preliminary Italy, A–475–818; Withdraw Request for Review,’’ accordance with sections 751(a)(1) and Results), and accompanying Memorandum, ‘‘Issues dated December 12, 2017. 777(i)(1) of the Tariff Act of 1930, as and Decision Memorandum for the Final Results of 8 See, e.g., Certain Lined Paper Products from Antidumping Duty Administrative Review: Certain amended, and 19 CFR 351.213(d)(4). Circular Welded Carbon Steel Pipes and Tubes from India: Notice of Partial Rescission of Antidumping Duty Administrative Review and Extension of Time Taiwan; 2015–2016,’’ dated November 13, 2017 Limit for the Preliminary Results of Antidumping from Thailand: Rescission of Antidumping Duty (Issues and Decision Memorandum). Duty Administrative Review, 74 FR 21781 (May 11, Administrative Review, 74 FR 7218 (February 13, 2 See Shin Yang’s December 1, 2017 Ministerial 2009); see also Carbon Steel Butt-Weld Pipe Fittings 2009). Error Allegation. VerDate Sep<11>2014 17:05 Jan 18, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\19JAN1.SGM 19JAN1


Document Created: 2018-01-19 02:42:31
Document Modified: 2018-01-19 02:42:31
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
DatesApplicable January 19, 2018.
ContactJoy Zhang or George McMahon, 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 Citation83 FR 2769 
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