83 FR 39685 - Certain Pasta From Italy: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 155 (August 10, 2018)
International Trade Administration
Federal Register Volume 83, Issue 155 (August 10, 2018)
| Page Range | 39685-39687 | |
| FR Document | 2018-17047 |
[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)] [Notices] [Pages 39685-39687] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17047] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-475-818] Certain Pasta From Italy: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily finds that Ghigi 1870 S.p.A. (previously known as Ghigi lndustria Agroalimentare Srl) (Ghigi) and Pasta Zara S.p.A. (Pasta Zara) (collectively Ghigi/ Zara) made sales of subject merchandise at less than normal value during the period of review (POR) and that Industria Alimentare Colavita S.p.A. (Indalco) did not. We invite interested parties to comment on these preliminary results. DATES: Effective Applicable August 10, 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. Background Commerce is conducting an administrative review of the antidumping duty order on certain pasta (pasta) from Italy. The period of review (POR) is July 1, 2016, through June 30, 2017. Scope of the Order The merchandise subject to the Order \1\ 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. A full description of the scope of the Order is contained in the Preliminary Decision Memorandum.\2\ --------------------------------------------------------------------------- \1\ See Notice of Antidumping Duty Order and Amended Final Determination of Sales at Less Than Fair Value: Certain Pasta from Italy, 61 FR 38547 (July 24, 1996) (AD Order). \2\ See the ``Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Certain Pasta from Italy; 2016-2017,'' dated concurrently and hereby adopted by this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Methodology Commerce is conducting this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed export price or export price is calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our preliminary results, see Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records Unit, Room B-8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. Preliminary Results of the Review As a result of this review, we calculated a weighted-average dumping margin of 5.97 percent for Ghigi/Zara and a de minimis margin for Indalco for the period July 1, 2016, through June 30, 2017. Therefore, in accordance with section 735(c)(5)(A) of the Act, we assigned the weighted-average dumping margin of 5.97 percent calculated for Ghigi/Zara to the seven non-selected companies in these preliminary results, as referenced below. [[Page 39686]] ------------------------------------------------------------------------ Weighted- average Producer and/or exporter dumping margin (percent) ------------------------------------------------------------------------ Ghigi 1870 S.p.A. and Pasta Zara S.p.A. (Zara) 5.97 (collectively Ghigi/Zara) \3\.......................... Industria Alimentare Colavita S.p.A. (Indalco).......... 0.00 Agritalia S.r.L. (Agritalia)............................ 5.97 Alessio, Panarese Soceieta Agricola (Alessio)........... 5.97 Antico Pastificio Morelli 1860 S.r.l. (Antico).......... 5.97 Colussi SpA (Colussi)................................... 5.97 Liguori Pastificio dal 1820 S.p.A. (Liguori)............ 5.97 Pastificio Menucci SpA (Menucci)........................ 5.97 Tesa SrL (Tesa)......................................... 5.97 ------------------------------------------------------------------------ Disclosure We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the preliminary results.\4\ --------------------------------------------------------------------------- \3\ See Certain Pasta from Italy: Final Results of Antidumping Duty Administrative Review; 2015-2016, 82 FR 57428, December 5, 2017, and the accompanying Issues and Decision Memorandum at comment 3. \4\ See 19 CFR 351.224(b). --------------------------------------------------------------------------- Public Comment Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the date for filing case briefs.\5\ Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\6\ --------------------------------------------------------------------------- \5\ See 19 CFR 351.309(d). \6\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance. All documents must be filed electronically using ACCESS, which is available to registered users at http://acess.trade.gov. An electronically filed request must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.\7\ Requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. --------------------------------------------------------------------------- \7\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- We intend to issue the final results of this administrative review, including the results of our analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rate Upon issuance of the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. If the weighted-average dumping margin for Ghigi/Zara or Indalco is above de minimis (i.e., more than 0.5 percent) in the final results of this review, we will calculate importer-specific assessment rates on the basis of the ratio of the total amount of antidumping duties calculated for each importer's examined sales and the total entered value of sales in accordance with 19 CFR 351.212(b)(1).\8\ If the weighted-average dumping margin for Ghigi/Zara or Indalco is zero or de minimis in the final results of review, we will instruct CBP not to assess duties on any of their entries in accordance with the Final Modification for Reviews.\9\ --------------------------------------------------------------------------- \8\ In these preliminary results, we applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) (Final Modification for Reviews). \9\ See Final Modification for Reviews, 77 FR at 8102. --------------------------------------------------------------------------- For entries of subject merchandise during the POR produced by each respondent for which they did not know that their merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. We intend to issue instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of pasta from Italy entered, or withdrawn from warehouse, for consumption on or after the publication of the final results of this administrative review, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for respondents noted above will be the rate established in the final results of this administrative review; (2) for merchandise exported by producers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company- specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 15.45 percent, the all-others rate established in the antidumping investigation as modified by the section 129 determination.\10\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \10\ See Implementation of the Findings of the WTO Panel in US-- Zeroing (EC): Notice of Determinations Under Section 129 of the Uruguay Round Agreements Act and Revocations and Partial Revocations of Certain Antidumping Duty Orders, 72 FR 25261 (May 4, 2007). --------------------------------------------------------------------------- Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review [[Page 39687]] period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1). Dated: August 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of Methodology A. Comparisons to Normal Value 1. Determination of Comparison Method 2. Results of the Differential Pricing (DP) Analysis B. Product Comparisons C. Date of Sale D. Export Price/Constructed Export Price E. Normal Value 1. Home Market Viability 2. Affiliated Party Transactions and the Arm's-Length Test 3. Cost of Production a. Calculation of Cost of Production b. Test of Comparison Market Prices c. Results of the COP Test F. Level of Trade G. Calculation of Normal Value Based on Comparison Market Prices H. Calculation of Normal Value Based on Constructed Value I. Margins for Companies Not Selected for Individual Examination J. Currency Conversion V. Recommendation [FR Doc. 2018-17047 Filed 8-9-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices 39685
of this administrative review; (2) for 2. Results of the Differential Pricing (POR) is July 1, 2016, through June 30,
merchandise exported by producers or Analysis 2017.
exporters not covered in this V. Date of Sale
VI. Product Comparisons Scope of the Order
administrative review but covered in a VII. Export Price
prior segment of the proceeding, the VIII. Normal Value
The merchandise subject to the
cash deposit rate will continue to be the A. Home Market Viability as Comparison Order 1 is certain pasta from Italy and is
company-specific rate published for the Market currently classifiable under items
most recently completed segment of this B. Affiliated Party Transactions and Arm’s- 1901.90.90.95 and 1902.19.20 of the
proceeding; (3) if the exporter is not a Length Test Harmonized Tariff Schedule of the
firm covered in this review, a prior C. Level of Trade United States (HTSUS). Although the
review, or the original investigation, but D. Cost of Production HTSUS subheadings are provided for
1. Calculation of COP convenience and customs purposes, the
the producer is, the cash deposit rate 2. Test of Comparison Market Sales Prices
will be the rate established for the most 3. Results of the COP Test
written description of the merchandise
recently completed segment of this E. Calculation of Normal Value Based on subject to the order is dispositive. A full
proceeding for the producer of the Comparison Market Prices description of the scope of the Order is
subject merchandise; and (4) the cash IX. Currency Conversion contained in the Preliminary Decision
deposit rate for all other manufacturers X. Recommendation Memorandum.2
or exporters will continue to be 0.00 [FR Doc. 2018–17160 Filed 8–9–18; 8:45 am] Methodology
percent, the all-others rate established BILLING CODE 3510–DS–P
in the investigation.6 These cash deposit Commerce is conducting this review
requirements, when imposed, shall in accordance with section 751(a)(2) of
remain in effect until further notice. DEPARTMENT OF COMMERCE the Tariff Act of 1930, as amended (the
Act). Constructed export price or export
Notification to Importers International Trade Administration price is calculated in accordance with
This notice serves as a preliminary [A–475–818]
section 772 of the Act. Normal value is
reminder to importers of their calculated in accordance with section
responsibility under 19 CFR Certain Pasta From Italy: Preliminary 773 of the Act. For a full description of
351.402(f)(2) to file a certificate Results of Antidumping Duty the methodology underlying our
regarding the reimbursement of Administrative Review; 2016–2017 preliminary results, see Preliminary
antidumping duties prior to liquidation Decision Memorandum. The
AGENCY: Enforcement and Compliance, Preliminary Decision Memorandum is a
of the relevant entries during this POR.
International Trade Administration, public document and is on file
Failure to comply with this requirement
Department of Commerce. electronically via Enforcement and
could result in the Secretary’s
SUMMARY: The Department of Commerce Compliance’s Antidumping and
presumption that reimbursement of
antidumping duties occurred and (Commerce) preliminarily finds that Countervailing Duty Centralized
increase the subsequent assessment of Ghigi 1870 S.p.A. (previously known as Electronic Service System (ACCESS).
the antidumping duties by the amount Ghigi lndustria Agroalimentare Srl) ACCESS is available to registered users
of the antidumping duties (Ghigi) and Pasta Zara S.p.A. (Pasta at http://access.trade.gov and is
reimbursement. Zara) (collectively Ghigi/Zara) made available to all parties in the Central
sales of subject merchandise at less than Records Unit, Room B–8024 of the main
The preliminary results of review are
normal value during the period of Department of Commerce building. In
issued and published in accordance
review (POR) and that Industria addition, a complete version of the
with sections 751(a)(1) and 777(i) of the
Alimentare Colavita S.p.A. (Indalco) did Preliminary Decision memorandum can
Act and sections 19 CFR 351.213(h)(1)
not. We invite interested parties to be accessed directly at http://
and 351.221(b)(4).
comment on these preliminary results. enforcement.trade.gov/frn/index.html.
Dated: August 3, 2018. DATES: Effective Applicable August 10, A list of the topics discussed in the
James Maeder, 2018. Preliminary Decision Memorandum is
Associate Deputy Assistant Secretary for FOR FURTHER INFORMATION CONTACT: Joy attached as an Appendix to this notice.
Antidumping and Countervailing Duty Zhang or George McMahon, AD/CVD
Operations performing the duties of Deputy Preliminary Results of the Review
Operations, Office III, Enforcement and
Assistant Secretary for Antidumping and As a result of this review, we
Countervailing Duty Operations.
Compliance, International Trade
Administration, U.S. Department of calculated a weighted-average dumping
Appendix Commerce, 1401 Constitution Avenue margin of 5.97 percent for Ghigi/Zara
NW, Washington, DC 20230; telephone: and a de minimis margin for Indalco for
List of Topics Discussed in the Preliminary
Decision Memorandum (202) 482–1168 or (202) 482–1167, the period July 1, 2016, through June 30,
respectively. 2017. Therefore, in accordance with
I. Summary section 735(c)(5)(A) of the Act, we
II. Background Background
III. Scope of the Order
assigned the weighted-average dumping
IV. Discussion of the Methodology Commerce is conducting an margin of 5.97 percent calculated for
A. Comparisons to Normal Value administrative review of the Ghigi/Zara to the seven non-selected
1. Determination of the Comparison antidumping duty order on certain pasta companies in these preliminary results,
daltland on DSKBBV9HB2PROD with NOTICES
Method (pasta) from Italy. The period of review as referenced below.
6 See
Order. Than Fair Value: Certain Pasta from Italy, 61 FR Administrative Review: Certain Pasta from Italy;
1 See
Notice of Antidumping Duty Order and 38547 (July 24, 1996) (AD Order). 2016–2017,’’ dated concurrently and hereby
Amended Final Determination of Sales at Less
2 See the ‘‘Decision Memorandum for the adopted by this notice (Preliminary Decision
Preliminary Results of Antidumping Duty Memorandum).
VerDate Sep<11>2014 19:03 Aug 09, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\10AUN1.SGM 10AUN1](https://thefederalregister.org/doc/83_FR_39840/page/1.svg)
![Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices 39687
period. Failure to comply with this SUMMARY: The Department of Commerce Preliminary Decision Memorandum is a
requirement could result in the (Commerce) is conducting an public document and is on file
Secretary’s presumption that administrative review of the electronically via Enforcement and
reimbursement of antidumping and/or antidumping duty order on Compliance’s Antidumping and
countervailing duties occurred and the polyethylene terephthalate film, sheet, Countervailing Duty Centralized
subsequent assessment of double and strip (PET Film) from Taiwan. The Electronic Service System (ACCESS).
antidumping duties. period of review (POR) is July 1, 2016, ACCESS is available to registered users
through June 30, 2017. We preliminarily at http://access.trade.gov and is
Notification to Interested Parties available to all parties in the Central
determine that Nan Ya Plastics
We are issuing and publishing these Corporation (Nan Ya) did not make sales Records Unit in Room B8024 of the
results in accordance with sections below normal value (NV) and that main Commerce building. In addition, a
751(a)(1) and 777(i)(1) of the Act, and 19 Shinkong Materials Technology complete version of the Decision
CFR 351.213(h)(1). Corporation (SMTC) had no shipments Memorandum can be accessed directly
Dated: August 2018. during the POR. Interested parties are on the internet at http://enforcement.
James Maeder, invited to comment on these trade.gov/frn/index.html. The signed
preliminary results. and electronic versions of the
Associate Deputy Assistant Secretary for
DATES: Applicable August 10, 2018. Preliminary Decision Memorandum are
Antidumping and Countervailing Duty
Operations performing the duties of Deputy FOR FURTHER INFORMATION CONTACT:
identical in content.
Assistant Secretary for Antidumping and Jacqueline Arrowsmith at (202) 482– Preliminary Results of Review
Countervailing Duty Operations. 5255, AD/CVD Operations, Office VII, As a result of this review, we
Appendix Enforcement and Compliance, preliminarily determine the following
International Trade Administration, weighted-average dumping margin for
List of Topics Discussed in the Preliminary U.S. Department of Commerce, 1401
Decision Memorandum the period July 1, 2016, through June 30,
Constitution Avenue NW, Washington, 2017.
I. Summary DC 20230.
II. Background
SUPPLEMENTARY INFORMATION: Weighted-
III. Scope of the Order
average
IV. Discussion of Methodology Scope of the Order Manufacturer/exporter dumping
A. Comparisons to Normal Value margin
1. Determination of Comparison Method The merchandise subject to the order
(percent)
2. Results of the Differential Pricing (DP) is PET Film. The PET Film subject to
Analysis the order is currently classifiable under Nan Ya Plastics Corporation ...... 0.00
B. Product Comparisons subheading 3920.62.00.90 of the
C. Date of Sale Harmonized Tariff Schedule of the Disclosure and Public Comment
D. Export Price/Constructed Export Price United States.1
E. Normal Value We intend to disclose the calculations
1. Home Market Viability Preliminary Determination of No performed to parties in this proceeding
2. Affiliated Party Transactions and the Shipments within five days after public
Arm’s-Length Test Based on our analysis of U.S. Customs announcement of the preliminary
3. Cost of Production results in accordance with 19 CFR
and Border Protection (CBP)
a. Calculation of Cost of Production 351.224(b). Pursuant to 19 CFR
b. Test of Comparison Market Prices information and information provided
by SMTC and its affiliate, Shinkong 351.309(c), interested parties may
c. Results of the COP Test
F. Level of Trade Synthetic Fibers Corp. (SSFC), we submit case briefs not later than 30 days
G. Calculation of Normal Value Based on preliminarily determine that SMTC had after the date of publication of this
Comparison Market Prices no shipments of the subject notice. Rebuttal briefs, limited to issues
H. Calculation of Normal Value Based on merchandise during the POR. raised in the case briefs, may be filed
Constructed Value not later than five days after the date for
I. Margins for Companies Not Selected for Methodology filing case briefs.2 Parties who submit
Individual Examination Commerce is conducting this review case briefs or rebuttal briefs in this
J. Currency Conversion in accordance with section 751(a)(2) of proceeding are encouraged to submit
V. Recommendation with each argument: (1) A statement of
the Tariff Act of 1930, as amended (the
[FR Doc. 2018–17047 Filed 8–9–18; 8:45 am] Act). Export price is calculated in the issue; (2) a brief summary of the
BILLING CODE 3510–DS–P accordance with section 772 of the Act. argument; and (3) a table of authorities.3
NV is calculated in accordance with Pursuant to 19 CFR 351.310(c),
section 773 of the Act. interested parties who wish to request a
DEPARTMENT OF COMMERCE For a full description of the hearing, must submit a written request
methodology underlying our to the Acting Assistant Secretary for
International Trade Administration conclusions, see the Preliminary Enforcement and Compliance, filed
[A–583–837] Decision Memorandum. A list of topics electronically via ACCESS. An
included in the Preliminary Decision electronically filed document must be
Polyethylene Terephthalate Film, Memorandum is included at the received successfully in its entirety by
Sheet, and Strip From Taiwan: Appendix to this notice. The Commerce’s electronic records system,
Preliminary Results of Antidumping ACCESS, by 5 p.m. Eastern Time within
daltland on DSKBBV9HB2PROD with NOTICES
Duty Administrative Review and 1 A full description of the scope of the order is 30 days after the date of publication of
Preliminary Determination of No contained in the memorandum, ‘‘Decision this notice. Requests should contain: (1)
Memorandum for Preliminary Results and Partial The party’s name, address and
Shipments; 2016–2017 Rescission of Antidumping Duty Administrative
Review: Polyethylene Terephthalate Film, Sheet,
AGENCY: Enforcement and Compliance, and Strip from Taiwan; 2016–2017’’ (Preliminary 2 See19 CFR 351.309(d).
International Trade Administration, Decision Memorandum), which is hereby adopted 3 See19 CFR 351.303 (for general filing
U.S. Department of Commerce. by this notice. requirements).
VerDate Sep<11>2014 19:03 Aug 09, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\10AUN1.SGM 10AUN1](https://thefederalregister.org/doc/83_FR_39840/page/3.svg)
Document Created: 2018-08-10 01:56:12
Document Modified: 2018-08-10 01:56:12
| 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 | Effective Applicable August 10, 2018. | |
| 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. | |
| FR Citation | 83 FR 39685 |
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